Textual Amendments
F1Pt. 5A 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. 23
Modifications etc. (not altering text)
C1Pt. 5A 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))
(1)This section applies in relation to the surrendering company's surrenderable amounts for the surrender period under Chapter 2.
(2)If the requirements in subsection (3) are met, a company (“the claimant company”) may make a claim for group relief for carried-forward losses for an accounting period (“the claim period”) in relation to the surrenderable amounts that are attributable to an accounting period of the surrendering company specified in the claim (“the specified loss-making period”).
(3)The requirements are as follows—
Requirement 1 The surrendering company consents to the claim.
Requirement 2 There is a period (“the overlapping period”) that is common to the claim period and the surrender period.
Requirement 3 Consortium condition 3 (see section 188CH) or consortium condition 4 (see section 188CI) is met throughout a period which—
begins before or during the specified loss-making period, and
ends during or after the overlapping period.
(4)A claim under this section may relate to the whole of the surrenderable amounts attributable to the specified loss-making period or to part of them only.
(5)This section is subject to section 188CD (claim not allowed by company with unused carried-forward losses of its own)]
Modifications etc. (not altering text)
C2S. 188CC(3) applied (with effect in accordance with Sch. 4 para. 190 of the amending Act) by 1998 c. 36, Sch. 18 para. 70(1) (as substituted) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 114(2)