F1PART 5AGroup relief for carried-forward losses

CHAPTER 3Claims for group relief for carried-forward losses

Claiming group relief for carried-forward losses

188CFConsortium condition 1

(1)

Consortium condition 1 is met if—

(a)

the claimant company is a trading company or a holding company,

(b)

the claimant company is owned by a consortium,

(c)

the surrendering company is a member of the consortium, and

(d)

both companies are UK related.

(2)

But consortium condition 1 is not met if a profit on a sale within subsection (3) by the surrendering company would be a trading receipt of the surrendering company.

(3)

A sale is within this subsection if it is a sale of—

(a)

the share capital the surrendering company owns in the claimant company, or

(b)

if the claimant company is owned by the consortium as a result of section 153(3) (consortiums involving holding companies), the share capital the surrendering company owns in the holding company in question.