Section 457 — Corporation Tax Act 2009: Basic rule for deficits: carry forward to accounting periods after deficit period

Basic rule for deficits: carry forward to accounting periods after deficit period 457 1 The basic rule is that the deficit must be carried forward and set off against non-trading profits of the company for accounting periods after the deficit period in accordance with subsection (3) and section 458 (subject to subsection (2A)) .

2 That rule does not apply to so much of the deficit as—

a is surrendered as group relief under Part 5 of CTA 2010 , or b is the subject of a claim by the company under section 459 (claim to set off deficit against profits of deficit period or earlier periods). 2A If the company is a charity at the end of the deficit period, the deficit may not be carried forward and set off against non-trading profits (as described in subsection (1)) for an accounting period (and, accordingly, the deficit may not be surrendered as group relief under Part 5 of CTA 2010 for the purposes of subsection (2)(a)).

3 So much of the amount carried forward from the deficit period as is not the subject of a claim under section 458(1) must be set off against the non-trading profits of the company for the next accounting period after the deficit period.

4 Those profits are reduced accordingly.

5 In this Chapter “ non-trading profits ”, in relation to a company, means so much of the company's profits as does not consist of trading income for the purposes of section 37 of CTA 2010 (deduction of trading losses from total profits of the same or an earlier period).