Modifications etc. (not altering text)
C1Pt. 15 applied (with modifications) by S.I. 2007/1050, regs. 3-12 (as amended (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 2 para. 131 (with Sch. 2 Pts. 1, 2))
(1)If film tax relief is available to the company, it may claim a film tax credit for an accounting period in which it has a surrenderable loss.
(2)The company's surrenderable loss in [F1an accounting period] is—
(a)[F2the company's available loss] for the period in the separate film trade, or
(b)if less, the available qualifying expenditure for the period.
[F3(2A)The company's available loss for an accounting period is given by—
where—
L is the amount of the company's loss for the period in the separate film trade, and
RUL is the amount of any relevant unused loss of the company.
(2B)The “relevant unused loss” of a company is so much of any available loss of the company for the previous accounting period as has not been—
(a)surrendered under section 1202(1), or
(b)carried forward under section 45 of CTA 2010 and set against profits of the separate film trade.]
(3)For the first period of account during which the separate film trade is carried on, the available qualifying expenditure is the amount that is E for that period for the purposes of section 1200(1).
(4)For any period of account after the first, the available qualifying expenditure is given by—
where—
E is the amount that is E for that period for the purposes of section 1200(2), and
S is the total amount [F4previously surrendered] under section 1202(1).
[F5(5)If a period of account of the separate film trade does not coincide with an accounting period, any necessary apportionments are to be made by reference to the number of days in the periods concerned.]
Textual Amendments
F1Words in s. 1201(2) substituted (with effect in accordance with s. 14(7)(8) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 14(2)(a)
F2Words in s. 1201(2)(a) substituted (with effect in accordance with s. 14(7)(8) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 14(2)(b)
F3S. 1201(2A)(2B) inserted (with effect in accordance with s. 14(7)(8) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 14(3)
F4Words in s. 1201(4) substituted (with effect in accordance with s. 14(7)(8) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 14(4)
F5S. 1201(5) inserted (with effect in accordance with s. 14(7)(8) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 14(5)