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Legislation
Corporation Tax Act 2010

Crossheading Relief in loss-making period and carry back relief

  • Section 37 Relief for trade losses against total profits
  • Section 38 Limit on deduction if accounting period falls partly within 12 month period
  • Section 39 Terminal losses: extension of periods for which relief may be given
  • Section 40 Ring fence trades: extension of periods for which relief may be given
  • Section 41 Sections 39 and 40: transfers of trade to obtain relief
  • Section 42 Ring fence trades: further extension of period for relief
  • Section 43 Claim period in case of ring fence or mineral extraction trades
  • Section 44 Trade must be commercial or carried on for statutory functions
  1. Relief in loss-making period and carry back relief
  2. Claim period in case of ring fence or mineral extraction trades

Section 43 | Claim period in case of ring fence or mineral extraction trades

From legislation.gov.uk

(1)This section applies in relation to a claim under section 37 if—

(a)as a result of section 165 of CAA 2001 (general decommissioning expenditure after ceasing ring fence trade) a company's qualifying expenditure for the accounting period in which it ceases to carry on a ring fence trade (as defined in section 162 of that Act) is increased by any amount, or

(b)as a result of section 416 or 416ZA of CAA 2001 (expenditure on site restoration ) any expenditure is treated as qualifying expenditure of a company incurred on the last day of trading.

(2)So far as the claim relates to the increase mentioned in subsection (1)(a), the period of two years specified in section 37(7)(a) for making the claim is instead to be read as a reference to the period given by adding two years to the post-cessation period (within the meaning of section 165 of CAA 2001).

(3)So far as the claim relates to the expenditure mentioned in subsection (1)(b), the period of two years specified in section 37(7)(a) for making the claim is instead to be read as a reference to a period of 5 years.

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