Part 5 Group relief

Chapter 3 Surrenders made by non-UK resident company resident or trading in the EEA

Other rules, assumptions and exclusions

128 Rules for recalculating EEA amount
(1) For the purposes of Step 3 in section 113 the EEA amount is to be recalculated in accordance with any provision made by or under the Corporation Tax Acts—
(a) that applies for the purpose of calculating for corporation tax purposes losses or other amounts to which the EEA amount corresponds, or
(b) that otherwise affects in any way the amount of those losses or other amounts that is eligible for corporation tax relief.
(2) For the purposes of subsection (1) the Treasury may by regulations provide for the modification of any provision made by or under the Corporation Tax Acts—
(a) that applies as mentioned in subsection (1)(a), or
(b) that otherwise affects an amount as mentioned in subsection (1)(b).
(3) Regulations under subsection (2) may make provision in relation to—
(a) all classes of trade or business, or
(b) any particular class or classes of trade or business.
(4) Regulations under subsection (2) may—
(a) make different provision for different cases or different purposes,
(b) contain incidental, supplemental, consequential and transitional provision and savings, and
(c) make provision having retrospective effect.
Pt. 5 applied (with effect in accordance with s. 148 of the amending Act) by Finance Act 2012 (c. 14), s. 125 (with s. 147, Sch. 17)