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Legislation
Corporation Tax Act 2010

Crossheading General limitation on amount of relief

  • Section 188EB Limitation on amount of relief applying to all claims under section 188CC
  • Section 188EC Unused part of surrenderable amounts attributable to specified loss-making period
  • Section 188ED Claimant company's relevant maximum for the overlapping period
  • Section 188EE Previously claimed group relief for carried-forward losses
  • Section 188EF The potential Part 5 group relief amount
  • Section 188EG Sections 188EC to 188EE: supplementary
  • Section 188EH Sections 188EC and 188EE: meaning of “the overlapping period”
  1. General limitation on amount of relief
  2. The potential Part 5 group relief amount

Section 188EF | The potential Part 5 group relief amount

From legislation.gov.uk

(1)The potential Part 5 group relief amount is determined as follows—

Step 1 Calculate the maximum amount of group relief that could have been given to the claimant company under Part 5 in relation to losses or other amounts within section 99(1) which the surrendering company had for the specified loss-making period. In applying this step, ignore any lack of profits of the claimant company from which deductions could have been made as mentioned in section 137(1).

Step 2 Deduct from the amount arrived at under step 1 the amount of any group relief actually given to the claimant company under Part 5 in relation to losses or other amounts within section 99(1) which the surrendering company had for the specified loss-making period.

Step 3 Multiply the amount arrived at following step 2 by the fraction in subsection (2).

Step 4 Deduct from the amount arrived at following step 3 any group relief for carried-forward losses previously given to the claimant company on claims under section 188CC which are related to the current claim.

(2)The fraction referred to in step 3 is—

Formula

AB

where—

A is the sum of the losses or other amounts within section 99(1)(a), (c), (e), (f) and (g) which the surrendering company had for the specified loss-making period, and

B is the sum of the losses or other amounts within section 99(1) (a) to (g) which the surrendering company had for the specified loss-making period.

(3)References in subsection (2) to losses or other amounts are references to losses or other amounts only in so far as they were eligible for surrender under Chapter 2 of Part 5.

(4)A claim under section 188CC is related to the current claim if the surrendering company and the specified loss-making period are the same in relation to both claims.

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