411 Exclusion of double allowances.U.K.
(1)M1Relief shall not be given more than once in respect of the same amount, whether by giving group relief and by giving some other relief (in any accounting period) to the surrendering company, or by giving group relief more than once.
(2)In accordance with subsection (1) above, two or more claimant companies cannot, in respect of any one loss or other amount for which group relief may be given, and whatever their accounting periods corresponding to that of the surrendering company, obtain in all more relief than could be obtained by a single claimant company whose corresponding accounting period coincided with the accounting period of the surrendering company.
(3)M2Subject to subsections (4) and (5) below, if claims for group relief relating to the same accounting period of the same surrendering company are made by two or more claimant companies which themselves are members of a group of companies, and—
(a)all the claims so made are admissible only by virtue of subsection (2) and (3) of section 409, and
(b)there is a part of the surrendering company’s accounting period during which none of those claimant companies is a member of the same group as the surrendering company,
those claimant companies shall not obtain in all more relief than could be obtained by a single claimant company which was not a member of the same group as the surrendering company during that part of the surrendering company’s accounting period (but was a member during the remainder of that accounting period).
(4)M3If companies which are members of different groups make claims falling within subsection (3) above, that subsection shall apply separately in relation to the companies in each group.
(5)For the purposes of subsection (3) above, there shall be left out of account a claim made by a company if—
(a)the claimant company joins or leaves a group of companies at the same time as the surrendering company; and
(b)both before and after that time either the claimant company is a 75 per cent. subsidiary of the surrendering company or the surrendering company is a 75 per cent. subsidiary of the claimant company or both companies are 75 per cent. subsidiaries of another company.
(6)M4Subject to subsection (7) below, if claims as respects two or more surrendering companies which themselves are members of a group of companies are made by a claimant company for group relief to be set off against its total profits for any one accounting period, and—
(a)all the claims so made are admissible only by virtue of subsections (2) and (3) of section 409, and
(b)there is a part of the claimant company’s accounting period during which none of the surrendering companies by reference to which the claims are made is a member of the same group as the claimant company,
the claimant company shall not obtain in all more relief to be set off against its profits for the accounting period than it could obtain on a claim as respects a single surrendering company (with unlimited losses and other amounts eligible for relief) which was not a member of the same group as the claimant company during that part of the claimant company’s accounting period (but was a member during the remainder of that accounting period).
(7)M5If claims falling within subsection (6) above are made as respects surrendering companies which are members of different groups, that subsection shall apply separately in relation to claims as respects the surrendering companies in each group.
(8)For the purposes of subsection (6) above there shall be left out of account a claim made as respects a surrendering company if—
(a)the surrendering company joins or leaves the group of companies concerned at the same time as the claimant company; and
(b)both before and after that time either the surrendering company is a 75 per cent. subsidiary of the claimant company or the claimant company is a 75 per cent. subsidiary of the surrendering company or both companies are 75 per cent. subsidiaries of another company.
(9)M6References in subsections (3) to (6) above to claims for group relief do not include references to consortium claims.
(10)M7Without prejudice to the provisions of [F1section 161(5) of the 1990 Act], any reference in [F1that Act, except parts III and VII,] to an allowance made includes a reference to an allowance which would be made but for the granting of group relief, or but for that and but for an insufficiency of profits or other income against which to make it.
Textual Amendments
F11990(C) s.164and Sch.1 para.8(21).Previously
“section 87(3) of the 1968 Act”
and
“Part I of that Act”
respectively.
Marginal Citations
M1Source—1970 s.263(1),(2)
M2Source—1970 s.263(3); 1985 Sch.9 9
M3Source—1970 s.263(3A), (3B); 1985 Sch.9 10
M4Source—1970 s.263(4); 1985 Sch.9 11
M5Source—1970 s.263(4A)(4B); 1985 Sch.9 12
M6Source—1970 s.263(5); 1985 Sch.9 13
M7Source—1970 s.263(6)