Section 188EH | Sections 188EC and 188EE: meaning of “the overlapping period”

(1)In sections 188EC and 188EE “the overlapping period”, in relation to a claim for group relief for carried-forward losses, means the period that is common to the claim period and the surrender period (see Requirement 2 in section 188CB(3) and Requirement 2 in section 188CC(3)).

(2)But if during any part of the overlapping period the relief condition is not met, that part is treated as not forming part of the overlapping period but instead as forming—

(a)a part of the surrender period that is not included in the overlapping period, and

(b)a part of the claim period that is not included in the overlapping period.

(3)The relief condition is the condition on which the claim for group relief for carried forward losses is based, that is—

the group condition,

consortium condition 1,

consortium condition 2,

consortium condition 3, or

consortium condition 4.