C1C2Part 5Group relief

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 applied (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 125 (with s. 147, Sch. 17)

C2

Pt. 5 excluded (with effect in accordance with Sch. 18 para. 63 of the amending Act) by Finance Act 2016 (c. 24), Sch. 18 para. 20(5)

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

Conditions that must be met

118The qualifying loss condition: relief for current and previous periods

1

This section applies to an EEA amount so far as subsections (2) and (3) apply to it (but subject to subsection (4)).

2

This subsection applies to the EEA amount so far as, for the purposes of any relevant non-UK tax, the EEA amount cannot be taken into account in calculating any profits, income or gains that—

a

arise in the EEA accounting period or any previous period to the surrendering company or any other person, and

b

are chargeable to that tax for the EEA accounting period or any previous period.

3

This subsection applies to the EEA amount so far as, for the purposes of any relevant non-UK tax, the EEA amount cannot be relieved in the EEA accounting period or any previous period—

a

by the payment of a credit,

b

by the elimination or reduction of a tax liability, or

c

in any other way.

4

This section applies to the EEA amount (or a part of it) only if every step is taken (whether by the surrendering company or any other person) to secure that the EEA amount (or part) is—

a

taken into account as mentioned in subsection (2), or

b

relieved as mentioned in subsection (3).