Section 188DE — Corporation Tax Act 2010: Previously claimed group relief for carried-forward losses

Previously claimed group relief for carried-forward losses 188DE 1 To determine the amount of previously claimed group relief for carried-forward losses for the overlapping period—

a identify any prior claims for the purposes of this section (see subsection (2)),

and b take the steps set out in subsection (3) in relation to each such claim. The amount of previously claimed group relief for carried-forward losses for the overlapping period is the total of the previously claimed amounts given at step 3 in subsection (3) for all the prior claims.

2 A claim is a prior claim for the purposes of this section if—

a it is a claim under section 188CB or 188CC by the claimant company for group relief for carried-forward losses which would be given by way of a deduction from the company's total profits of the claim period, b it is made before the current claim, and c it has not been withdrawn.

3 These are the steps referred to in subsection (1)(b) to be taken in relation to each prior claim. Step 1 Identify the overlapping period for the prior claim. Step 2 Identify any period that is common to the overlapping period for the current claim and the overlapping period for the prior claim. If there is a common period, go to step 3. If there is no common period, there is no previously claimed amount in relation to the prior claim (and ignore step 3). Step 3 Determine the previously claimed amount of group relief for carried forward losses in relation to the prior claim (see subsection (4)).

4 To determine the previously claimed amount of group relief for carried-forward losses in relation to a prior claim—

a take the proportion of the overlapping period for the prior claim that is included in the common period identified at step 2 in relation to that claim, and b apply that proportion to the amount of group relief for carried-forward losses given on the prior claim. The previously claimed amount of group relief for carried-forward losses in relation to the prior claim is the amount given as a result of paragraph (b).