Section 420 Losses, etc which may be surrendered by means of group relief
(1) Where in any accounting period the surrendering company has incurred a loss, computed as for the purposes of section 396(2), in carrying on a trade in respect of which the company is within the charge to corporation tax, the amount of the loss may be set off for the purposes of corporation tax against the total profits of the claimant company for its corresponding accounting period; but this subsection shall not apply-
(a) to so much of a loss as is excluded from section 396(2) by section 396(4) or 663, or
(b) so as to reduce the profits of a claimant company which carries on life business (within the meaning of section 706) by an amount greater than the amount of such profits (before a set off under this subsection) computed in accordance with Case I of Schedule D and section 710(1).
Amendments
Subs (1) substituted by Finance Act 2001 section 65 as respects accounting periods commencing on or after 1 January 1999.
Which losses incurred by a member of a 75% group can be surrendered to a claimant company in the same group?
(1) A member company (which is within the charge to corporation tax) of a 75% group may surrender an unused trading loss for set off against the total profits for the corresponding accounting period of a claimant company in the same group....
(2) Where for any accounting period any capital allowances are to be made to the surrendering company which are to be given by discharge or repayment of tax or in charging its income under Case V of Schedule D and are to be available primarily against a specified class of income, so much of the amount of those capital allowances (exclusive of any carried forward from an earlier period) as exceeds its income of the relevant class arising in that accounting period (before deduction of any losses of any other period or of any capital allowances) may be set off for the purposes of corporation tax against the total profits of the claimant company for its corresponding accounting period.
Can Schedule D Case V excess capital allowances be surrendered between member companies of a 75% group?
(2) A member company of a 75% group may surrender excess Schedule D Case V capital allowances of the current accounting period (but not any such allowances carried forward from previous accounting periods) for set off against the total profits for th...
(3) Where for any accounting period the surrendering company (being an investment company) may under section 83(2) deduct any amount as expenses of management disbursed for that accounting period, so much of that amount (exclusive of any amount deductible only by virtue of section 83(3)) as exceeds the company's profits of that accounting period may be set off for the purposes of corporation tax against the total profits of the claimant company (whether an investment company or not) for its corresponding accounting period.
(4) The surrendering company's profits of the period shall be determined for the purposes of subsection (3) without any deduction under section 83 and without regard to any deduction to be made in respect of losses or allowances of any other period.
As an investment company which is a memebr of a 75% group, can I surrender excess management expenses?
(3)-(4) Yes. As such a member of a 75% group, you may surrender your excess management expenses for the current accounting period (but not any such expenses carried forward from previous accounting periods) for set off against the total profits for t...
(5) References in subsections (3) and (4) to section 83 shall not include references to that section as applied by section 707 to companies carrying on life business.
(6) Where in any accounting period the surrendering company has paid any amount by means of charges on income, so much of that amount as exceeds its profits of the period may be set off for the purposes of corporation tax against the total profits of the claimant company for its corresponding accounting period.
(7) The surrendering company's profits of the period shall be determined for the purposes of subsection (6) without regard to any deduction to be made in respect of losses or allowances of any other period or to expenses of management deductible only by virtue of section 83(3).
As a member company of a 75% group, can I surrender excess charges to other companies?
(6)-(7) Yes. A member company of a 75% group may surrender its excess charges for the current accounting period (but not any such charges carried forward from previous accounting periods) for set off against the total profits for the corresponding ac...
(8) In applying any of the preceding subsections in the case of a claim made by a company as a member of a consortium, only a fraction of the loss referred to in subsection (1), or of the excess referred to in subsection (2), (3) or (6), as the case may be, may be set off under the subsection in question, and that fraction shall be equal to that member's share in the consortium, subject to any further reduction under section 422(2).
Revenue Notes for Guidance (example)
(9)(a) References in the preceding subsections to a surrendering company shall not include references to a company carrying on life business except to the extent that such life business is new basis business within the meaning of section 730A (inserted by the Finance Act, 2000).
(b) For the purposes of this section, "life business" shall be construed in accordance with section 706(1).
Amendments
Subs (9) substituted by Finance Act 2000 section 54.



