Corporation Tax Act 2009

Deemed trading loss: further provision U.K.

1095 Elections under section 1092 U.K.

(1) An election under section 1092 must specify the accounting period in respect of which it is made.

(2) The election must be made by notice in writing to an officer of Revenue and Customs.

(3) The notice must be given before the end of the period of two years beginning immediately after the end of the accounting period to which the election relates.

1096 Treatment of deemed trading loss under section 1092 U.K.

(1) This section applies if under section 1092 a company is treated as making a trading loss in an accounting period.

(2) The trading loss may not be [F1 deducted from total] profits of a preceding accounting period under [F2 section 37(3)(b) of CTA 2010] unless the company is entitled to relief under section 1092 for the earlier period.

(3) Subsection (4) applies if—

(a) the company begins, in the accounting period or a later period, to carry on a trade, and

(b) the trade is derived from the research and development in relation to which the relief mentioned in subsection (1) was obtained.

(4) In that case, so far as—

(a) the company has not obtained relief in respect of the trading loss under any other provision, and

(b) the loss has not been surrendered under [F3 Part 5 of CTA 2010] (surrender of relief to group or consortium members),

the trading loss is to be treated as if it were a loss of that trade brought forward under [F4 section 45 of CTA 2010] (relief of trading losses against future trading profits).

(5) Subsection (4) is subject to section 1111 (restriction on losses carried forward where tax credit claimed).

Textual Amendments

F1 Words in s. 1096(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 672(2)(a) (with Sch. 2)

F2 Words in s. 1096(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 672(2)(b) (with Sch. 2)

F3 Words in s. 1096(4)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 672(3)(a) (with Sch. 2)

F4 Words in s. 1096(4) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 672(3)(b) (with Sch. 2)