Corporation Tax Act 2009 Explanatory Notes

Section 1048: Treatment of deemed trading loss under section 1045

2721.This section imposes a restriction on the use of a deemed trade loss and explains how any unused loss is to be dealt with. It is based on paragraph 23 of Schedule 20 to FA 2000.

2722.It is not a condition of section 1045 that the pre-trading research and development leads to the establishment of a trade. But if it does any of the loss created by the section 1045 election that is unused when the trade starts is treated as a trade loss brought forward (see subsections (3) and (4)).

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