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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. Restrictions for certain insurance companies

Section 188BG | Restrictions for certain insurance companies

From legislation.gov.uk

(1)If the surrendering company is a general insurance company and the surrender period is an excluded accounting period, the company may not surrender under this Chapter—

(a)a loss carried forward to the surrender period under section 753(3) of CTA 2009;

(b)expenses carried forward to the surrender period under section 1223 of CTA 2009;

(c)a loss carried forward to the surrender period under section 62(5)(a) or 63(3)(a).

(2)In subsection (1) “excluded accounting period” and “general insurance company” are to be interpreted in accordance with section 269ZG.

(3)If the surrendering company is a Solvency 2 insurance company it may not surrender under this Chapter—

(a)a loss carried forward to the surrender period under section 753(3) of CTA 2009,

(b)expenses carried forward to the surrender period under section 1223 of CTA 2009, ...

(c)a loss carried forward to the surrender period under section 62(5)(a) or 63(3)(a), or

(d)a BLAGAB trade loss carried forward to the surrender period under section 124A(2) or 124C(3) of FA 2012,

so far as the loss is, or (as the case may be) the expenses are, a shock loss.

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