Corporation Tax Act 2010 section 188CC

Claims in relation to the surrenderable amounts that are attributable to a specified accounting period

Section 188CC sets out the requirements that must be met for a claimant company to claim group relief for carried-forward losses in a consortium context, based on surrenderable amounts attributable to a specified loss-making period of the surrendering company.

• The surrendering company must consent to the claim, and there must be an overlapping period common to both the claim period and the surrender period.
• Either consortium condition 3 or consortium condition 4 must be satisfied throughout a continuous period that starts no later than the specified loss-making period and ends no earlier than the overlapping period.
• The claim may cover all or only part of the surrenderable amounts attributable to the specified loss-making period.
• A claimant company cannot make a claim under this section if it has unused carried-forward losses of its own, as restricted by section 188CD.