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Finance Act 1998, Cross Heading: Content of claims is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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68(1)A claim F1... must specify—U.K.
(a)the amount of relief claimed, and
(b)the name of the surrendering company.
(2)The amount specified must be an amount which is quantified at the time the claim is made.
[F2(3)A claim for group relief must also state whether or not there is a company mentioned in sub-paragraph (4) that was not resident in the United Kingdom in either or both of the following periods—
(a)the accounting period of the surrendering company to which the surrender relates,
(b)the corresponding accounting period of the claimant company.
(4)Those companies are the claimant company, the surrendering company and any other company by reference to which—
(a)the claimant company and the surrendering company are members of the same group, or
[F3(b)consortium condition 1, 2 or 3 in sections 132 and 133 of the Corporation Tax Act 2010 is satisfied in the case of the claimant company and the surrendering company.]]
[F4(5)A claim for group relief for carried-forward losses made under section 188CB of the Corporation Tax Act 2010 must also state whether or not there is a company mentioned in sub-paragraph (6) that was not resident in the United Kingdom in either or both of the following periods—
(a)the accounting period of the surrendering company to which the claim relates,
(b)the corresponding accounting period of the claimant company.
(6)Those companies are the claimant company, the surrendering company and any other company by reference to which—
(a)the claimant company and the surrendering company are members of the same group,
(b)consortium condition 1 in section 188CF or consortium condition 2 in section 188CG of the Corporation Tax Act 2010 is satisfied in the case of the claimant company and the surrendering company.
(7)A claim for group relief for carried forward-losses made under section 188CC of the Corporation Tax Act 2010 must also state whether or not there is a company mentioned in sub-paragraph (8) that was not resident in the United Kingdom in any or all of the following periods—
(a)the specified loss-making period of the surrendering company,
(b)the accounting period of the surrendering company to which the surrender relates,
(c)the accounting period of the claimant company that corresponds with the period mentioned in paragraph (b).
(8)Those companies are the claimant company, the surrendering company and any other company by reference to which consortium condition 3 in section 188CH or consortium condition 4 in section 188CI is satisfied in the case of the claimant company and the surrendering company.]
Textual Amendments
F1Words in Sch. 18 para. 68(1) omitted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 112(2)
F2Sch. 18 para. 68(3)(4) inserted (28.7.2000 with effect as mentioned in Sch. 27 para. 12(1) of the amending Act) by 2000 c. 17, s. 97, Sch. 27 Pt. II para. 11
F3Sch. 18 para. 68(4)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 297(9) (with Sch. 2)
F4Sch. 18 para. 68(5)-(8) 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. 112(3)
Modifications etc. (not altering text)
C1Sch. 18 para. 68 applied (with modifications) (31.3.2001 with effect as mentioned in reg. 1(2) of the amending S.I.) by S.I. 2001/1163, regs. 1, 8
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