Section 303C — Corporation Tax Act 2010: Excess carried forward losses: relief against total profits

Excess carried forward losses: relief against total profits 303C 1 This section applies if—

a an amount of a non-decommissioning loss made in a ring fence trade is carried forward to an accounting period of a company (“the later period”) under section 303B(2) or 303D(3),

and b any of that amount (“the unrelieved amount”) is not deducted under section 303B(4) or 303D(5) (as the case may be) from the company's profits of the trade (if any) of the later period.

2 The company may make a claim for relief to be given for the unrelieved amount under this section (but see subsection (4)).

3 If the company makes a claim, the relief is given by deducting the unrelieved amount, or any part of it specified in the claim, from the company's total profits of the later period.

4 The company may not make a claim if—

a the ring fence trade became small or negligible in the loss-making period or any intervening period, b relief under section 37 was unavailable for the non-decommissioning loss by reason of section 37(5) or 44, or c relief under section 37 would be unavailable by reason of section 44 for a loss (assuming there was one) made in the ring fence trade in the later period or any intervening period.

5 In subsection (4)— “ intervening period ” means an accounting period of the company which begins after the loss-making period and before the later period, and “ the loss-making period ” means the accounting period of the company in which the non-decommissioning loss was made.

6 A claim under this section must be made—

a within the period of two years after the end of the later period, or b within such further period as an officer of Revenue and Customs may allow.

7 Relief under this section is subject to restriction or modification in accordance with the provisions of the Corporation Tax Acts.