SolvedCTM82020 | Corporation Tax: Group relief for carried-forward losses: Types of loss that may be surrendered
From HM Revenue & Customs · Company Taxation Manual
The surrendering company can surrender certain types of loss and other amounts that have been carried forward to the surrender period as group relief for carried-forward losses, provided certain conditions for the claim are met.
Only losses incurred in a period beginning on or after 1 April 2017 can be surrendered as group relief for carried-forward losses (CTA10/S188BB and BC).
The surrendering company can only surrender so much of the loss or other amount as is eligible for Corporation Tax relief.
Losses and other amounts are only available for surrender as group relief for carried-forward losses if they were carried forward to the surrender period under one of the following provisions:
Non-trading loan relationship deficits, carried forward under CTA09/S463G(6) (CTM80125)
Non-trading losses on intangible fixed assets, carried forward under CTA09/S753(3) (CTM80141)
Management expenses of an investment business (but not qualifying charitable donations treated as such), carried forward under CTA09/S1223 (CTM80140).
Trade losses, carried forward under CTA10/S45A(4) (CTM80115).
UK property business losses, carried forward under CTA10/S62(5)(a) and 63(3)(a) (CTM80135).
Excess non-decommissioning losses of a ring fence trade (relief against total profits), carried forward under CTA10/S303C.
The remainder of a BLAGAB trade loss made by an insurance company, carried forward under FA2012/S124A(2) or 124C(6). The remainder means so much of the amount carried forward that cannot be deducted under FA2012/S124A(5) or 124C(6).
Qualifying charitable donations
If a company carries forward qualifying charitable donations as excess management expenses under CTA09/S1223, these may not be surrendered as group relief for carried-forward losses (CTA10/S188BC(2)).
Amount of loss
The amount of loss that may be surrendered as group relief for carried- forward losses by the surrendering company is subject to restrictions.