Section 188EK — Corporation Tax Act 2010: Condition 3 or 4: surrendering company in group of companies

Condition 3 or 4: surrendering company in group of companies 188EK 1 This section applies if—

a the claimant company makes a claim under section 188CC for group relief for carried-forward losses, and b the surrendering company is a member of a group of companies.

2 The surrendering company's surrenderable amounts for the surrender period that are attributable to the specified loss-making period are to be treated as reduced (but not below nil) by the relevant amount.

3 To determine the relevant amount— Step 1 Calculate the group's potential relief. Step 2 Multiply the amount arrived at under step 1 by the fraction set out in subsection (6).

4 The group's potential relief is the maximum amount of group relief for carried-forward losses that could be given if every claim that could be made based on the group condition in respect of the surrenderable amounts for the surrender period was in fact made (and for this purpose it is to be assumed that the maximum possible claim is made in each case).

5 Before determining the maximum amount of potential group relief for carried-forward losses under subsection (4), take account of any claim made before the current claim that—

a is a claim for group relief for carried-forward losses based on the group condition, and b is in relation to losses or other amounts surrendered by a member of the same group of companies as the surrendering company (other than the surrendering company itself).

6 The fraction mentioned in step 2 in subsection (3) is— A B where— A is the sum of the surrendering company's surrenderable amounts for the surrender period that are attributable to the specified loss-making period, and B is the sum of all the surrendering company's surrenderable amounts for the surrender period.