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Legislation
Corporation Tax Act 2009

Chapter 16 Non-trading deficits: pre-1 April 2017 deficits and charities

  • Section 456 Introduction to Chapter
  • Section 457 Basic rule for deficits: carry forward to accounting periods after deficit period
  • Section 458 Claim to carry forward deficit to later accounting periods
  • Section 459 Claim to set off deficit against profits of deficit period or earlier periods
  • Section 460 Time limits and procedure for claims under section 459(1)
  • Section 461 Claim to set off deficit against other profits for the deficit period
  • Section 462 Claim to carry back deficit to earlier accounting periods
  • Section 463 Profits available for relief under section 462
  1. Chapter 16 · Non-trading deficits: pre-1 April 2017 deficits and charities
  2. Claim to carry forward deficit to later accounting periods

Section 458 | Claim to carry forward deficit to later accounting periods

From legislation.gov.uk

(1)The company may make a claim for so much of the amount carried forward from the deficit period as is specified in the claim to be excepted from being set off against non-trading profits of the first accounting period after the deficit period (“the first later period”).

(2)Any such claim must be made within the period of 2 years after the end of the first later period.

(3)Subsection (4) applies if any amount is carried forward from the deficit period under section 457(1) which—

(a)cannot be set off under section 457(3) against non-trading profits of the first later period, or

(b)is the subject of a claim under subsection (1).

(4)That amount is treated for the purposes of this Part as if it were—

(a)an amount of non-trading deficit from the company's loan relationships for the first later period, and

(b)an amount which falls to be carried forward and set against non-trading profits of later accounting periods under section 457(1).

(5)Accordingly, section 457 and this section apply as if the first later period were the deficit period.

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