Section 419 — Corporation Tax Act 2010: Relief for expense otherwise giving rise to carried forward loss

Relief for expense otherwise giving rise to carried forward loss 419 1 This section applies if—

a a company is treated under section 417(5) as incurring an expense in an accounting period of the company (“period 1”),

b the company makes a loss in period 1 or a later accounting period, c apart from this section some or all of that loss (“the carried forward loss”) would be carried forward to the next accounting period of the company after the accounting period in which the loss is made (“the subsequent period”),

d some or all of the carried forward loss (“the derived loss”) derives from—

i the expense under section 417(5), or ii an expense treated as arising under subsection (2) and allowed as a deduction for the accounting period in which the loss is made, and e the subsequent period starts within the period of 5 years beginning with the relevant day within the meaning of section 417 and does not start as a result of section 383 or 425.

2 Instead of being so carried forward, the derived loss is to be treated for corporation tax purposes as giving rise to an expense of an amount equal to— D L + D L × D × R 365 where— DL is the derived loss, D is the number of days in the accounting period in which the loss is made, and R is the percentage rate applicable to section 826 of ICTA under section 178 of FA 1989.

3 The amount of the expense under this section is allowed as a deduction in calculating for corporation tax purposes the profits of the business for the subsequent period.

4 For the purpose of determining how much of a loss derives from an expense under section 417(5) or an expense within subsection (1)(d)(ii), the loss is to be calculated on the basis that that expense is the final amount to be deducted.