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Legislation
Taxation (International and Other Provisions) Act 2010

Crossheading “The corporation tax assumptions”

  • Section 371SC What are “the corporation tax assumptions”?
  • Section 371SD UK residence etc
  • Section 371SE Close company
  • Section 371SF Claims and elections
  • Section 371SG Disapplication of assumption in section 371SF(1)
  • Section 371SH Elections under section 9A of CTA 2010
  • Section 371SI Modification of sections 6 and 7 of CTA 2010
  • Section 371SJ Elections for leases to be treated as long funding leases
  • Section 371SK Intangible fixed assets
  • Section 371SKA Restrictions on certain deductions: deductions allowances
  • Section 371SL Group relief etc
  • Section 371SLA Corporate interest restriction
  • Section 371SM Capital allowances
  • Section 371SN Unremittable overseas income
  • Section 371SO Tax advantages
  • Section 371SP Disguised interest: application of Chapter 2A of Part 6 of CTA 2009
  • Section 371SQ Shares accounted for as liabilities: application of section 521C of CTA 2009
  • Section 371SR Double taxation relief: countering effect of avoidance arrangements
  1. “The corporation tax assumptions”
  2. Claims and elections

Section 371SF | Claims and elections

From legislation.gov.uk

(1)In relation to any relief under the Corporation Tax Acts which is dependent upon the making of a claim or election, assume the CFC—

(a)to have made that claim or election which would give the maximum amount of relief, and

(b)to have made that claim or election within any applicable time limit.

(2)Subsection (1) does not cover (so far as it would otherwise do so) a claim or election under—

(a)section 18A of CTA 2009 (exemption for profits or losses of foreign permanent establishments),

(b)section 1275 of CTA 2009 (relief for unremittable income),

(c)section 9A of CTA 2010 (designated currency of a UK resident investment company), or

(d)regulations made under paragraph 16 of Schedule 8 to FA 2006 (election for lease to be treated as long funding lease).

(3)Subsection (1) is also subject to section 371SK(5).

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