Corporation Tax Act 2010 section 139

Unused part of the surrenderable amounts

Section 139 explains how to calculate the unused part of a surrendering company's losses or other amounts that remain available for a group relief claim, after accounting for any earlier claims that have already used up some of those amounts.

• The unused part equals the surrenderable amount for the overlapping period minus the total of any prior surrenders already made against those same amounts for that period.
• The surrenderable amount for the overlapping period is found by time-apportioning the full surrenderable amounts for the surrender period according to the proportion of the surrender period that falls within the overlapping period.
• A prior claim is any earlier, unwithddrawn claim by any company for group relief in respect of the same surrendering company's surrenderable amounts for the same surrender period.
• For each prior claim, you identify whether its overlapping period shares any common time with the current claim's overlapping period; if it does, the group relief given on that prior claim is time-apportioned to the common period and counted as a previously used amount to be deducted.