Section 137 Deduction from total profitsC2

United Kingdom

(1)

If the claimant company makes a claim as mentioned in section 130 F1..., the group relief is given by the making of a deduction from the claimant company's total profits of the claim period.

(2)

The amount of the deduction is—

(a)

an amount equal to the surrendering company's surrenderable amounts for the surrender period, or

(b)

if the claim is in relation to only part of those amounts, an amount equal to that part.

(3)

Subsection (2) is subject to—

(a)

subsections (4) to (7),

(b)

the limitation set out in sections 138 to 142 that applies in relation to all claims for group relief,

(c)

the limitations set out in sections 143 to 149 that apply in relation to claims based on consortium condition 1, consortium condition 2 or consortium condition 3,

(d)

Chapter 3 of Part 4 (relief in cases involving trading losses made in limited partnerships or limited liability partnerships), and

(e)

section 305(1) (group relief in cases involving oil activities etc).

(4)

The deduction is to be made—

(a)

before deductions for relief within subsection (5), but

(b)

after all other deductions to be made at Step 2 in section 4(2) (apart from deductions for group relief on other claims).

(5)

The deductions within this subsection are deductions for relief—

(a)

under section 37 in relation to a loss made in an accounting period after the claim period,

(b)

under section 260(3) of CAA 2001 in relation to capital allowances for an accounting period after the claim period, F2...

(c)

under section 389F3, 459 or 463B of CTA 2009 in relation to a deficit for a deficit period after the claim periodF4, and

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(e)

of a type to which section 269ZB(2), 269ZBA(2), 269ZC(2) or 269ZD(2) of Part 7ZA (restrictions on deductions for carried-forward losses and other amounts) could apply.

(6)

For the purposes of subsection (4)(b) it is to be assumed that the claimant company has claimed all relief available to it for the claim period under section 37 of this Act or section 260(3) of CAA 2001.

C1(7)

Corporation tax relief is not to be given more than once for the same amount, whether—

(a)

by giving group relief and by giving some other relief (for any accounting period) to the surrendering company, or

(b)

by giving group relief more than once.

Annotations

Textual amendments

F1: Words in s. 137(1) omitted (with effect in accordance with Sch. 4 para. 4(1) of the amending Act) by virtue of Finance Act 2022 (c. 3), Sch. 4 para. 1(4)
F2: Word in s. 137(5)(b) omitted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by virtue of Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 159(a)
F3: Words in s. 137(5)(c) substituted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 159(b)
F4: S. 137(5)(d) and word 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. 159(c)
F5: S. 137(5)(d) omitted (with effect in accordance with Sch. 8 para. 17 of the amending Act) by virtue of Finance Act 2021 (c. 26), Sch. 8 para. 4(a)
F6: S. 137(5)(e) inserted (with effect in accordance with Sch. 8 para. 17 of the amending Act) by Finance Act 2021 (c. 26), Sch. 8 para. 4(b)

Modifications

C1: S. 137(7) applied by 2012 c. 14, ss. 124A(6), 124B(7), 124C(7) (as 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. 26)
C2: Pt. 5 modified by 2009 c. 4, s. 1218ZDB(2) (as inserted (for specified purposes and with effect in accordance with Sch. 6 paras. 20, 21(1)(a) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 6 para. 1 (with Sch. 6 para. 21(3)))

Notes on Part 5

Modifications

C1: 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)
C2: Pt. 5 excluded (with effect in accordance with Sch. 18 para. 63 of the amending Act) by Finance Act 2016 (c. 24), Sch. 18 para. 20(5)
C4: Pt. 5 modified (with effect in accordance with reg. 1(2) of the amending S.I.) by The Risk Transformation (Tax) Regulations 2017 (S.I. 2017/1271), regs. 1(1), 10, 11
C5: Pt. 5 applied (with modifications) (24.2.2022) by Finance Act 2022 (c. 3), Sch. 2 para. 47(4)
C6: Pt. 5 excluded (14.7.2022) by Energy (Oil and Gas) Profits Levy Act 2022 (c. 40), s. 1(5)(e) (with ss. 15(1), 16(1))

Notes on Chapter 4

Modifications

C2: Pt. 5 applied (with modifications) (24.2.2022) by Finance Act 2022 (c. 3), Sch. 2 para. 47(4)
C3: Pt. 5 excluded (14.7.2022) by Energy (Oil and Gas) Profits Levy Act 2022 (c. 40), s. 1(5)(e) (with ss. 15(1), 16(1))