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Legislation
Corporation Tax Act 2010

Crossheading Effect of Chapter in relation to transfers to which it applies

  • Section 943A Disapplication of section 39
  • Section 944 Modified application of section 45
  • Section 944A Modified application of section 45A
  • Section 944B Modified application of section 45B
  • Section 944C Modified application of section 45F
  • Section 944D Modified application of section 303B
  • Section 944E Modified application of section 303D
  • Section 945 Cases in which predecessor retains more liabilities than assets
  • Section 946 Rules for determining “L”
  • Section 947 Rules for determining “A”
  • Section 948 Modified application of CAA 2001
  • Section 949 Dual resident investing companies
  • Section 950 Transfers of trades involving business of leasing plant or machinery
  1. Effect of Chapter in relation to transfers to which it applies
  2. Modified application of section 45F

Section 944C | Modified application of section 45F

From legislation.gov.uk

(1)If this Chapter applies to a transfer of a trade, the predecessor may not make a claim under section 45F for relief to be given for an amount of a loss made in the transferred trade.

(2)But subsection (1) does not apply if—

(a)the trade is transferred before 13 July 2017, and

(b)the amount of the loss is carried forward to the accounting period in which the predecessor ceases to carry on the trade under section 45 (carry forward of pre-1 April 2017 trade losses).

(3)Subsection (4) applies if—

(a)this Chapter applies to a transfer of a trade,

(b)an amount of a loss made by the predecessor in the transferred trade is carried forward under section 45, 45A or 45B to the accounting period of the successor in which the successor ceases to carry on the transferred trade, and

(c)relief in that accounting period is not given to the successor under section 45, 45A or (as the case may be) 45B for that amount or for any part of it.

(4)Section 45F has effect as if the loss was made by the successor in the transferred trade in the accounting period in which it began carrying on the transferred trade.

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