SCHEDULES
SCHEDULE 18AGroup relief: overseas losses of non-resident companies
Part 1Meaning of conditions for the purposes of section 403F
Amount not given other qualifying relief under law of territory outside UK
8
1
For the purposes of paragraph 5, an amount has not been given qualifying relief under the law of any territory outside the United Kingdom (other than the EEA territory concerned) if conditions A and B are met.
2
Condition A is that, for the purposes of any tax under any territory outside the United Kingdom (other than the EEA territory concerned), the amount has not been taken into account in calculating any profits, income or gains which—
a
have arisen to the company or any other person in any period, and
b
were chargeable to that tax for the period (or, but for so taking the amount into account, would have been so chargeable).
3
Condition B is that, for the purposes of any tax under any territory outside the United Kingdom (other than the EEA territory concerned), the amount has not been relieved in any period—
a
by the payment of a credit,
b
by the elimination or reduction of a tax liability, or
c
by any other means of any kind.