CTM80143 - Groups: group relief: order of relief for amounts which can be surrendered

ICTA88/S403 (3)

Excess charges, Schedule A losses, management expenses and non-trading losses on intangible fixed assets can be surrendered as group relief only to the extent that they exceed the surrendering companies other profits of the accounting period ( CTM80142) (or in the case of a subsidiary resident in another European Economic Area territory meet the conditions at CTM80500 onwards).

Where a surrendering company has more than one of these types of amount available for surrender, ICTA88/S403 (3) directs that the order of surrender is:

  • first, charges, then
  • Schedule A losses, then
  • management expenses, and finally
  • non-trading losses on intangible fixed assets.

The legislation does not specify the order of surrender of trade losses, excess capital allowances or non-trading loan relationship deficits. The surrendering company is free to choose which of these it surrenders in what order.