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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 set off deficit against profits of deficit period or earlier periods

Section 459 | Claim to set off deficit against profits of deficit period or earlier periods

From legislation.gov.uk

(1)The company may make a claim for the whole or part of the deficit—

(a)to be set off against any profits of the company (of whatever description) for the deficit period, or

(b)to be carried back to be set off against profits for earlier accounting periods.

(2)No claim may be made under subsection (1) in respect of a deficit which is surrendered as group relief under Part 5 of CTA 2010.

(3)Subsection (1) does not apply if the company is a charity.

(4)For time limits and other provisions applicable to claims under subsection (1), see section 460.

(5)For what happens when a claim is made under subsection (1)(a), see section 461.

(6)For what happens when a claim is made under subsection (1)(b), and for the profits available for relief where such a claim is made, see sections 462 and 463.

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