Section 97 — Corporation Tax Act 2010: Introduction to Part

Introduction to Part 97 1 This Part—

a allows a company to surrender losses and other amounts, and b enables, in certain cases involving groups or consortiums of companies, other companies to claim corporation tax relief for the losses and other amounts that are surrendered.

2 The corporation tax relief mentioned in subsection (1) is called “group relief”.

3 Chapter 2 allows a company within the charge to corporation tax to surrender losses and other amounts it has for an accounting period.

4 Chapter 3 allows a non-UK resident company that is resident or carrying on a trade in the European Economic Area to surrender losses and other amounts it has for a period.

5 Chapter 4 sets out how a company may claim group relief in respect of losses and other amounts surrendered, how group relief is given and limitations on the amount of group relief to be given on a claim.

6 Chapter 5 explains certain key concepts for the purposes of group relief, including (in particular) how to determine if a company is a member of a group of companies or is a member of, or is owned by, a consortium.

7 Chapter 6 contains provision about persons holding equity in companies and about distributions of companies' profits and assets (which is relevant for the purposes of sections 143(3)(b) and (c) and 144(3)(b) and (c) (in Chapter 4) and section 151(4)(a) and (b) (in Chapter 5)).

8 Chapter 7 contains definitions that apply for the purposes of this Part and miscellaneous provisions.

9 For provision about making claims for group relief, see Part 8 of Schedule 18 to FA 1998 (which includes provision in paragraph 76 of that Schedule for the making of assessments or other adjustments if group relief has been given which is, or has become, excessive).