F1PART 5AGroup relief for carried-forward losses

CHAPTER 5Limitations on relief: claims under section 188CC

General limitation on amount of relief

188EGSections 188EC to 188EE: supplementary

(1)

If two or more claims for group relief for carried-forward losses are made at the same time, for the purpose of section 188EC and 188EE treat the claims as made—

(a)

in such order as the company making them may elect or the companies making them may jointly elect, or

(b)

if no such election is made, in such order as an officer of Revenue and Customs may direct.

(2)

For the purpose of step 3 in each of sections 188EC(5) and 188EE(3) the amount of group relief for carried-forward losses given on a prior claim is determined on the basis that relief is given on the claim before it is given on any later claim.

(3)

If the use of any proportion mentioned in subsection (4), would, in the circumstances of a particular case, produce a result that is unjust or unreasonable, the proportion is to be modified so far as necessary to produce a result that is just and reasonable.

(4)

The proportions are those found in—

(a)

section 188EC(2)(a),

(b)

step 1 in section 188EC(6),

(c)

section 188EC(8)(a),

(d)

step 3 in section 188ED(1), and

(e)

section 188EE(4)(a).