Section 1056 Amount of trading loss which is “unrelieved”C1

United Kingdom

(1)

This section applies for the purposes of section 1055.

(2)

The amount of a trading loss that is “unrelieved” is the amount of the loss reduced by—

(a)

any relief that was or could have been obtained by the company making a claim under F1section 37(3)(a) of CTA 2010 to deduct the loss from total profits of the same accounting period,

(b)

any other relief obtained by the company in respect of the loss, including relief under F2section 37(3)(b) or 42 of CTA 2010 (losses deducted from profits of an earlier accounting period), and

(c)

any loss surrendered under F3Part 5 F4or Part 5A of CTA 2010 (surrender of relief to group or consortium members).

(3)

No account is to be taken for this purpose of any losses—

(a)

brought forward from an earlier accounting period under F5section 45F6, 45A or 45B of CTA 2010, or

(b)

carried back from a later accounting period under F7section 37(3)(b) or 42 of that Act.

Annotations

Textual amendments

F1: Words in s. 1056(2)(a) 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. 669(2)(a) (with Sch. 2)
F2: Words in s. 1056(2)(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. 669(2)(b) (with Sch. 2)
F3: Words in s. 1056(2)(c) 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. 669(2)(c) (with Sch. 2)
F4: Words in s. 1056(2)(c) 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. 134(a)
F5: Words in s. 1056(3)(a) 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. 669(3)(a) (with Sch. 2)
F6: Words in s. 1056(3)(a) 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. 134(b)
F7: Words in s. 1056(3)(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. 669(3)(b) (with Sch. 2)

Modifications

C1: S. 1056 applied by 2010 c. 4, s. 357PC (as inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), s. 1)

Notes on Part 13

Textual amendments

F1: Words in Pt. 13 heading omitted (with effect in relation to accounting periods beginning on or after 1.4.2024) by virtue of Finance Act 2024 (c. 3), Sch. 1 paras. 3, 16 (with Sch. 1 para. 18); S.I. 2024/286, reg. 2

Notes on Chapter 2

Textual amendments

F1: Pt. 13 Ch. 2 heading substituted (with effect in relation to accounting periods beginning on or after 1.4.2024) by Finance Act 2024 (c. 3), Sch. 1 paras. 6(2), 16 (with Sch. 1 para. 18); S.I. 2024/286, reg. 2