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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 303D

Section 944E | Modified application of section 303D

From legislation.gov.uk

(1)Subsection (2) applies if—

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

(b)the trade is a ring-fence trade,

(c)an amount of a loss made in the trade was carried forward under section 303B(2) or 303D(3) to the accounting period in which the predecessor ceased to carry on the trade (“the cessation period”), and

(d)any of that amount was not—

(i)deducted under section 303B(4) or 303D(5) from the predecessor's profit (if any) of the cessation period,

(ii)deducted from the predecessor's total profits of the cessation period on a claim under section 303C(2), or

(iii)surrendered by the predecessor by way of group relief for carried-forward losses under Part 5A.

(2)Subsections (3) to (6) of section 303D have effect as if—

(a)the reference to so much of the amount mentioned in section 303D(1)(a) as is unrelieved in the later period were to so much of the amount mentioned in subsection (1)(c) of this section as was not deducted or surrendered as mentioned in subsection (1)(d),

(b)references to the further period were to the accounting period of the successor in which the successor begins to carry on the transferred trade,

(c)references to the company were to the successor, and

(d)references to the trade were to the transferred trade.

(3)In this section “ring fence trade” has the same meaning as in Part 8 (see section 277).

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