Section 1165 Meaning of “qualifying BLAGAB loss”F7

United Kingdom

(1)

For the purposes of this Chapter a company has a F1“qualifying BLAGAB loss” in an accounting period (“the relevant accounting period”) if in the period—

(a)

it is entitled to relief under section 1161 F2or 1162, and

(b)

an amount falls to be carried forward to a subsequent accounting period under F3section 73 of FA 2012 as excess BLAGAB expenses.

(2)

In determining for the purposes of subsection (1)(b) whether there is an amount which falls to be carried forward to a subsequent accounting period under F4section 73 of FA 2012 as excess BLAGAB expenses, no account is to be taken of the amounts specified in subsection (3).

(3)

Those amounts are amounts—

(a)

brought forward from an earlier accounting period, and

F5(b)

taken into account in calculating for the purposes of section 73 of FA 2012 the amount of adjusted BLAGAB management expenses of the company for the relevant accounting period as a result of—

(i)

the previous application of section 73 or 93 of FA 2012, or

(ii)

the carry forward to the relevant accounting period of an amount under section 391 of this Act (surplus deficit).

(4)

The amount of the F6qualifying BLAGAB loss is—

(a)

the amount which falls to be carried forward as mentioned in subsection (1)(b), or

(b)

if less, 150% of the qualifying Chapter 4 expenditure in respect of which the relief was obtained.

Annotations

Textual amendments

F1: Words in s. 1165(1) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 202(2)(a)
F2: Words in s. 1165(1)(a) inserted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 15
F3: Words in s. 1165(1)(b) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 202(2)(b)
F4: Words in s. 1165(2) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 202(3)
F5: S. 1165(3)(b) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 202(4)
F6: Words in s. 1165(4) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 202(5)
F7: Words in s. 1165 heading substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 202(6)

Notes on Part 14

Textual amendments

F1: Words in Pt. 14 heading inserted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 2

Notes on Chapter 4

Textual amendments

F1: Words in Pt. 14 Ch. 4 heading substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 195

Notes on BLAGAB company tax credits

Textual amendments

F1: Words in s. 1164 cross-heading substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 200