Part 5Group relief

Chapter 3Surrenders made by non-UK resident company resident or trading in the EEA

Conditions that must be met

117The qualifying loss condition: general

1

An EEA amount meets the qualifying loss condition so far as sections 118, 119 and 120 apply to it.

2

In this section and sections 118 to 120, “the relevant EEA territory” means—

a

the EEA territory in which the surrendering company is resident, or

b

(as the case may be) the EEA territory in which the surrendering company carries on a trade through a permanent establishment.

3

In sections 118 and 119 “relevant non-UK tax” means any non-UK tax chargeable under the law of the relevant EEA territory or any other resident territory.

4

A “resident territory” is—

a

if the surrendering company is resident in an EEA territory and is also resident in another territory outside the United Kingdom, that other territory, or

b

if the surrendering company is not resident in any EEA territory, the territory (or territories) in which it is resident.