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Corporation Tax Act 2010

Section 135: Group relief claims on amounts surrenderable under Chapter 3

506.This section gives the rules for claims for group relief surrendered by EEA related companies. It is based on section 402 of ICTA and paragraph 70 of Schedule 18 to FA 1998.

507.The corresponding rules for UK related companies are in section 130.

508.Subsection (2) requires a claim by the claimant company. The surrender is required by section 99(6). The subsection goes on to set out three conditions for a claim.

  • There must be a consent (see section 99(6)).

  • There must be an overlapping period (see section 142).

  • The relief must be available as a result of the existence of a group (see section 136).

509.Subsection (3) makes clear that more than one company may claim the relief available in the surrendering company. But the total claimed cannot exceed the relief available (see section 137(7)).

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