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HMRC internal manual

Company Taxation Manual

Groups: group relief: what can be transferred between group members?

CTA10/S99 (1), (2), (3), and (4)

Starting at CTA10/S99, the legislation sets out the losses and other reliefs that may be surrendered as group relief.  There is a more detailed description of each of these losses and other amounts in sections CTA10/S100 to S104.

CTA10/S99(1) provides that the following can be surrendered and claimed as group relief:

a. a trading loss - loss available for relief explained in CTA10/S100 (CTM80115)

b. a capital allowances excess - meaning explained in CTA10/S101 (CTM80120)

c. non-trading deficit on loan relationship - Chapter 16 of Part 5 of CTA09 (CTM80125)

d. amounts allowable as qualifying charitable donations (CTM80130)

e. a UK property business loss - explained in CTA10/S103 (CTM80135)

f. management expenses - explained in CTA10/S104  (CTM80140)

g. a non-trading loss on intangible fixed assets - explained in CTA10/S104 (CTM80141)

Trading losses, excess capital allowances, and non-trading deficits on loan relationships (a to c above) may be surrendered in full.  This is regardless of whether the surrendering company has other profits against which the losses and other amounts might have been set off.

Qualifying charitable donations, UK property business losses, management expenses, and non-trading losses on intangible fixed assets (d to g above) may only be surrendered to the extent that they, in aggregate, exceed the ”profit related threshold” (or ‘gross profit’ for surrender periods ended before 20 March 2013).  For more detail about this see CTA10/S105(3) and (3A) (CTM80142).