CTM82060 - Corporation Tax: Group relief for carried-forward losses: Conditions for a claim

CTA10/S188CB, CTA10/S188CD, CTA10/S188CK

A claim for group relief for carried-forward losses can be made where the surrendering company and the claimant company are in the same group. These rules are equivalent to those currently in CTA10/Part 5 (CTM80145).

The claimant company can make a claim for relief in an accounting period (the claim period) for all or part of the surrenderable loss or other amounts of one or more surrendering companies if:

• the surrendering company consents to the claim,
• there is an overlapping period, and
• the group condition is met during the overlapping period (CTA10/S188CB(3)).

The claimant company cannot make a claim where:

• full relief has not been given against total profits for its own carried-forward losses of the type listed under CTA10/S188BB(1) and FA12/S124B, (CTA10/S188CD(a)), or
• the company makes a claim under CTA09/S458(1) for non-trading loan relationship deficits not to be set against non-trading profits, or under section 45(4A) or section 45B(5) for trading losses not to be set against trading profits (CTA10/S188CD (b)-(d)).