Corporation Tax Act 2010 section 117

The qualifying loss condition: general

Section 117 introduces the rules that determine whether an EEA loss amount qualifies for group relief, by checking that the loss has not already received tax relief in a foreign jurisdiction.

• The EEA amount must satisfy all three conditions set out in sections 118 to 120 in order to qualify for relief.
• The conditions are framed in negative terms — the EEA amount qualifies only if foreign relief is not available for it.
• "Relevant non-UK tax" means any foreign tax charged either in the relevant EEA territory or in any territory where the surrendering company is resident.
• The "resident territory" is any territory where the surrendering company is resident, excluding the EEA territory to which the EEA company is connected.