Part 4 Loss relief

Chapter 4 Property losses

UK property businesses

63 Company with investment business ceasing to carry on UK property business
(1) This section applies if, in an accounting period, a company with investment business (as defined in section 1218B of CTA 2009)—
(a) ceases to carry on a UK property business or to be within the charge to corporation tax in respect of such a business, but
(b) continues to be a company with investment business.
Words in s. 63(1) substituted (15.9.2016) by Finance Act 2016 (c. 24), s. 55(b)
(2) Subsections (3) to (7) apply if an amount of loss made in carrying on the UK property business would be carried forward to the next accounting period under section 62(5) but for the company ceasing to carry on the business or to be within the charge to corporation tax in respect of it.
S. 63(2) substituted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 14(2)
(3) The amount of loss—
(a) is, nevertheless, carried forward to the next accounting period, and
(b) is treated for the purposes of Chapter 2 of Part 16 of CTA 2009 as an expense of management deductible for the next accounting period or a succeeding period in accordance with that Chapter.
Words in s. 63(3)(b) substituted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 14(3)
(4) But a deduction in respect of the amount of loss may be made under section 1219 of CTA 2009 for the next accounting period only on the making by the company of a claim.
S. 63(4)-(7) 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. 14(4)
(5) A claim may relate to the whole of the amount of the loss or to part of it only.
(6) A claim must be made—
(a) within the period of two years after the end of the next accounting period, or
(b) within such further period as an officer of Revenue and Customs may allow.
(7) Subsection (1A) of section 1219 of CTA 2009 does not apply in relation to a deduction in respect of the amount of loss made for the next accounting period.
Pt. 4 Ch. 4 excluded (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 87(2)(3) (with s. 147, Sch. 17)
Pt. 4 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Risk Transformation (Tax) Regulations 2017 (S.I. 2017/1271), regs. 1(1), 10
Pt. 4 excluded (14.7.2022) by Energy (Oil and Gas) Profits Levy Act 2022 (c. 40), s. 1(5)(e) (with ss. 15(1), 16(1))