CTM80400 | Groups: group relief : available total profits

From HM Revenue & Customs · Company Taxation Manual

provides that the group relief that a company may be allowed must not exceed the amount of the claimant company’s total profits actually arising in the accounting period in accordance with .

This means total profits after any relief actually claimed or automatically off-set under the Taxes Acts except reliefs that are restricted under and that cannot be quantified until the amount of the group relief claim is known. See for more on restricted reliefs.

Examples of unrestricted reliefs that are deducted are:

  • any relief for UK property business losses of the same accounting period under ,

  • any relief for non-trading loan relationship deficits of the same accounting period under ,

  • any management expenses of the same period under

  • any non-trading losses on intangibles under , or

  • qualifying charitable donations under .

This list is not exhaustive.

The total profits must also be reduced by the following, regardless of whether such relief is actually claimed:

  • any relief available to the company for a loss in trade in the same accounting period under ,

  • any relief available to the company for an excess of capital allowances in the same accounting period under .

The amount of the claimant company’s total profits is specifically not reduced by any relief derived from a subsequent period, including:

  • relief under for a trading loss of a later accounting period,

  • relief under for an excess of capital allowances of a later period, or

  • relief under (or in the case of an insurance company ) for a non-trading loan relationship deficit of a later accounting period.

A group relief claim may be further restricted where there is:

  • more than one claimant in respect of the same loss or other amount, or

  • more than one company surrendering a loss or other amount to the same claimant (/Ss138-142; onwards).

Subject to such a restriction, the effective limit of each claim is the lower of:

  • the surrendering company’s surrenderable amounts for the accounting period, and

  • the claimant company’s available total profits as reduced by other reliefs for the same and earlier accounting periods.

Example

Company M is a claimant company for group relief purposes, and wants to claim group relief from its parent company for the year ended 31 July 2011. Company M’s accounts for the year ended 31 July 2011 show the following:

DescriptionAmount
Trading loss(£50,000)
Non-trading loan relationship income£100,000
Chargeable gains£75,000
Chargeable losses brought forward(£50,000)
Charitable donations paid(£2,000)

The company decides not to claim relief for the trading loss under . At this point the profits for 2011 are £123,000, as follows.

DescriptionAmountAmount
Trading income-Nil
Non-trading loan relationship income-£100,000
Chargeable gains£75,000-
Losses brought forward(£50,000)£25,000
--£125,000
Charitable donations-(£2,000)
Profit-£123,000

The group relief, however, that Company M claims for the year ended 31 July 2011 cannot exceed £73,000. This is because its maximum group relief claim is reduced by the trading loss of £50,000, even though the company does not claim relief for the loss under CTA/S37(3)(a).

So Company M cannot claim group relief of £123,000. Its claim is limited to £73,000 (or the surrendering company’s surrenderable amount for the corresponding period, whichever is smaller).

Company M’s accounts for the year ended 31 July 2012 show a trading loss of £35,000, and the company claims under for this amount to be set off against the profits for the accounting period ended 31 July 2011. So the company’s profits for the accounting period ended 31 July 2011 become £88,000, as follows:

DescriptionAmountAmount
Trading income-Nil
Non-trading loan relationship income-£100,000
Chargeable gains£75,000-
Losses brought forward(£50,000)£ 25,000
Losses carried back from accounts y/e 31 July 2012-(£ 35,000)
--£ 90,000
Charitable donations-(£ 2,000)
Profit-£ 88,000

The maximum group relief that Company M can claim for the year ended 31 July 2011 remains at £73,000. This is because its maximum group relief claim is not affected by the carry-back of losses under . The maximum group relief claim is still reduced by the trading loss of the year of £50,000, even though the company does not claim relief for the loss under . So Company M’s available total profits are still limited to £73,000. This amount will be compared to the amount available for surrender (see ).