Corporation Tax Act 2010 section 357JH

Modifications of Chapter 4 of Part 5

Section 357JH modifies the standard group relief claims rules so that, where surrenderable amounts include a Northern Ireland loss, the limits on relief are reframed to distinguish between the amount of losses surrendered and the amount of the deduction actually given against the claimant company's profits.

• Where surrenderable amounts include a Northern Ireland loss, the normal group relief claims rules in Chapter 4 of Part 5 are modified so that the cap on the surrendering company's side limits the losses and other surrenderable amounts available, while the cap on the claimant company's side limits the deduction made against its profits.
• References to "group relief given" are read as referring to losses surrendered when calculating the unused part of surrenderable amounts, and as referring to the deduction made when calculating the unrelieved part of the claimant company's available total profits.
• Where a surrendering company is owned by a consortium, the cap limits the losses and other surrenderable amounts that may be relieved; where the claimant company is owned by a consortium or is in a link company's group, the cap limits the deduction resulting from the claim.
• Where a surrendering company is in a group, the maximum group relief is read as the maximum losses available for surrender; where the claimant company is in a group, it is read as the maximum deduction that could result from its claims.