Section 259ZMD | The unused part of the DII shortfall

(1)This section identifies the unused part of the DII shortfall of company B for the shortfall period, for the purposes of an allocation claim made by company B (“the current allocation claim”).

(2)The unused part of the DII shortfall of company B for the shortfall period is the amount equal to—

(a)the DII shortfall for the shortfall period, less

(b)the amount of prior matches for the shortfall period (see subsections (3) to (5)).

(3)To determine the amount of prior matches for the shortfall period—

(a)identify any prior allocation claims for the purposes of this section (see subsection (4)), and

(b)determine the previously matched amount of the DII shortfall in relation to each prior allocation claim (see subsection (5)).

The amount of prior matches for the shortfall period is the total of the previously matched amounts of the DII shortfall in relation to all the prior allocation claims.

(4)An allocation claim is a prior allocation claim for the purposes of this section if—

(a)it is an allocation claim made by company B for the shortfall period,

(b)it is made before the current allocation claim, and

(c)it has not been withdrawn.

(5)The previously matched amount of the DII shortfall in relation to a prior allocation claim is the amount that is treated as dual inclusion income of company B for the shortfall period as a result of the claim (see section 259ZMB(3)(a)).

(6)If two or more allocation claims are made at the same time, for the purposes of this section treat the claims as made—

(a)in such order as company B may elect, or

(b)if no such election is made, in such order as an officer of Revenue and Customs may direct.

(7)For the purposes of subsection (3)(b), the amount of the DII shortfall matched in relation to a prior allocation claim is determined on the basis that an amount is matched on the claim before it is matched on a later claim.