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Legislation
Corporation Tax Act 2010

CHAPTER 2 Surrender of company's carried-forward losses etc

  • Section 188BA Overview of Chapter
  • Section 188BB Surrender of carried-forward losses and other amounts
  • Section 188BC Restriction on surrendering pre-1 April 2017 losses etc
  • Section 188BD Restriction where investment business has become small or negligible
  • Section 188BE Restriction where surrendering company could use losses etc itself
  • Section 188BF Restriction where surrendering company has no income-generating assets
  • Section 188BG Restrictions for certain insurance companies
  • Section 188BH Restriction on surrender of losses etc made when UK resident
  • Section 188BI Restriction on surrender of losses made when non-UK resident
  • Section 188BJ Restriction on surrender losses etc made when dual resident
  1. Chapter 2 · Surrender of company's carried-forward losses etc
  2. Restriction where investment business has become small or negligible

Section 188BD | Restriction where investment business has become small or negligible

From legislation.gov.uk

(1)The surrendering company may not surrender under this Chapter—

(a)a loss carried forward to the surrender period under section 753(3) of CTA 2009 if an investment business carried on by the surrendering company became small or negligible before the beginning of that period,

(b)expenses carried forward to the surrender period under section 1223 of CTA 2009 if the surrendering company's investment business became small or negligible before the beginning of that period, or

(c)a loss carried forward to the surrender period under section 62(5)(a) or 63(3)(a) if the surrendering company's investment business became small or negligible before the beginning of that period.

(2)In this section—

(a)“company with investment business” has the same meaning as in Part 16 of CTA 2009 (see section 1218B of that Act);

(b)references to a company's investment business are to be construed in accordance with section 1219(2) of CTA 2009.

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