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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. Profits available for relief under section 462

Section 463 | Profits available for relief under section 462

From legislation.gov.uk

(1)The profits available for relief under section 462 are the amounts which (apart from the relief) would be charged under this Part as profits for accounting periods ending within the permitted period, after giving every prior relief.

(2)In this section—

“the permitted period” means the period of 12 months immediately before the deficit period, and

“prior relief” means a relief which subsection (5) provides must be given before relief under section 462.

(3)If an accounting period ending within the permitted period begins before it, only a part of the amount which (apart from the relief) would be chargeable under this Part for that period, after giving every prior relief, is available for relief under section 462.

(4)That part is so much as is proportionate to the part of the accounting period in the permitted period.

(5)The reliefs which must be given before relief under section 462 are—

(a)relief as a result of a claim under section 459(1)(a) (claim for deficit to be set off against total profits for the deficit period),

(b)relief in respect of a loss or deficit incurred or treated as incurred in an accounting period before the deficit period,

(c)relief under Part 6 of CTA 2010 (charitable donations relief) in respect of payments made wholly and exclusively for the purposes of a trade,

(d)relief under section 37 of CTA 2010 (losses deducted from total profits of the same, or an earlier, accounting period), and

(e)if the company is a company with investment business for the purposes of Part 16 (companies with investment business)—

(i)any deduction in respect of management expenses under section 1219 (expenses of management of a company's investment business),

(ii)relief under Part 6 of CTA 2010 in respect of payments made wholly and exclusively for the purposes of its business, and

(iii)any allowance under Part 2 of CAA 2001 (plant and machinery allowances).

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