Corporation Tax Act 2010 (c. 4)

[F1 PART 7ZA U.K. Restrictions on obtaining certain deductions

Textual Amendments

F1 Pt. 7ZA inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 16

Modifications etc. (not altering text)

C1 Pt. 7ZA modified (retrospective to 29.10.2018) by Finance Act 2020 (c. 14), Sch. 4 para. 46

C2 Pt. 7ZA modified by 1992 c. 12, Sch. 7A para. 6(1C) (as inserted (with effect in relation to accounting periods beginning on or after 1.4.2020) by Finance Act 2020 (c. 14), Sch. 4 paras. 18(4), 42 (with Sch. 4 paras. 43-46))

C3 Pt. 7ZA applied (with modifications) (with effect in accordance with Sch. 4 para. 43(1) of the amending Act) by Finance Act 2020 (c. 14), Sch. 4 para. 44(4)

C4 Pt. 7ZA applied (with modifications) (with application in accordance with Sch. 4 para. 45(1)(2) of the amending Act) by Finance Act 2020 (c. 14), Sch. 4 para. 45(4)

C5 Pt. 7ZA disapplied (24.2.2022) by Finance Act 2022 (c. 3), Sch. 2 para. 21

Exclusion for certain general insurance companies U.K.

269ZK Meaning of “shock loss”: requirement to make a claim U.K.

(1) If the conditions in subsection (3) are met, an insurance company may make a claim in respect of—

(a) a loss or other amount (the “specified loss”), and

(b) a period of 12 months (“the specified period”) which is a solvency shock period (see section 269ZM).

(2) A claim may specify more than one 12 month period under subsection (1)(b) (but periods specified by an insurance company under this section may not overlap with one another).

(3) The conditions are that—

(a) the accounting period (for corporation tax purposes) in which the specified loss arises (“the loss-making period”) begins on or after 1 April 2017,

(b) the specified loss is, or is capable of being, carried forward to a subsequent accounting period, and

(c) the loss-making period and the specified period have one or more days in common.

(4) A claim under this section must be made within—

(a) the period of two years after the end of the loss-making period, or

(b) such further period as an officer of Revenue and Customs allows.

(5) If—

(a) a claim is made under this section, and

(b) the whole of the loss-making period is, or falls within, the specified period,

the specified loss is a “shock loss”.

(6) If—

(a) a claim is made under this section, and

(b) the loss-making period falls partly, but not wholly, in the specified period,

the specified loss is a “shock loss” so far as it is attributable to the specified period.

(7) For the purposes of subsection (6) the specified loss is “attributable to” the specified period in the proportion—

Where P is the number of days of the loss-making period that fall within the specified period and N is the number of days in the loss-making period.

(8) If the method in subsection (7) would produce a result that is unjust or unreasonable, the apportionment of the specified loss for the purposes of subsection (6) is to be made on a just and reasonable basis.]