SCHEDULES
SCHEDULE 4Relief for carried-forward losses
PART 11Minor and consequential amendments
CTA 2009
133
1
Section 1048 (treatment of deemed trading loss under section 1045) is amended as follows.
2
In subsection (1) at the end insert “
(“the deemed loss-making period”)
”
.
3
In subsection (3)—
a
before paragraph (a) insert—
za
the deemed loss-making period begins before 1 April 2017
b
in paragraph (a) for “the accounting period” substitute “
the deemed loss-making period
”
.
4
After subsection (4) insert—
4A
Subsection (4B) applies if—
a
the deemed loss-making period begins on or after 1 April 2017,
b
the company—
i
begins to carry on a trade in the deemed loss-making period which it continues to carry on in the following accounting period, or
ii
begins to carry on a trade in an accounting period after the deemed-loss making period, and
c
the trade is derived from the research and development in relation to which the relief mentioned in subsection (1) was obtained.
4B
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 Part 5 of CTA 2010 (group relief) (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 the relevant provision (see subsection (4C)) to the relevant period (see subsection (4D).
4C
In subsection (4B) “the relevant provision” is—
a
section 45A(4) of CTA 2010 if—
i
the trade is not a ring fence trade within the meaning of Part 8 of CTA 2010 (see section 277 of that Act), and
ii
relief under section 37 of CTA 2010 would not be unavailable by reason of section 44 of that Act for a loss (assuming there was one) made in the trade in the relevant period (see subsection (4D), and
b
section 45B(2) of CTA 2010 if either of the conditions in paragraph (a) is not met.
4D
In subsection (4B) and (4C) “the relevant period” means—
a
in a case where the company began the trade in the deemed loss-making period and continued to carry on the trade in the following accounting period, that following accounting period, and
b
in a case where the company began the trade in an accounting period after the deemed loss-making period, the accounting period in which the company began the trade.
5
In subsection (5) for “Subsection (4) is” substitute “
Subsections (4) and (4B) are
”
.