CTM80435 - Groups: group relief: example: surrender of trading losses

Company D is a 75% subsidiary of Company E for the whole of the accounting period of 12 months to 31 December 2001. The accounting date of both companies is 31 December.

The accounts and computations of the companies for the 12 months to 31 December 2001 show the following.

Company D
Trading profits£3,000
Less losses brought forward (ICTA88/S393 (1))£1,500
CT trading income£1,500
Income from special leasing£500
Capital allowances in respect of special leasing£800
Non-trading loan relationship deficit£600
Company E
Trading loss£1,000
Profits & gains from non-trading loan relationships£300

Company E claims relief in respect of its trading loss under ICTA88/S393A.

Company D claims relief in respect of its excess capital allowances under CAA01/S260 (3). It also claims, with the consent of Company E, the maximum amount of group relief that Company E can surrender (ICTA88/S403ZA (1)).

The CT computations for the accounting period to 31 December 2001 are as follows.

Company D
Sch D, Case I£1,500
Sch D, Case VI (£500 less CAs £500)Nil
Excess capital allowances£300
Non-trading loan relationship deficit£600
Group relief claimed£600£1,500
CT profits Nil
Company E
Sch D, Case INil
Profits & gains from non-trading loan relationships£300
Trading loss ICTA88/S393A£300
CT ProfitsNil
Losses to carry forward
Trading loss£1,000
Less utilised ICTA88/S393A£300
Surrendered via group relief£600£900
Loss to carry forward £100

Company D could decide not to claim relief for excess capital allowances under CAA01/S260 (3), and instead carry them forward under CAA01/S260 (2). If so, the group relief would still be restricted to £600. This is because you have to take into account any relief available to the claimant company under CAA01/S260 (3), whether it is claimed or not ( CTM80400).

However if Company D’s trading profits were £4,000 instead of £3,000, Company E could have decided not to claim relief of £300 under Section 393A and it would then have been able to surrender the whole of its trading loss, £1,000, as group relief. This is because for trade losses there is no requirement that only the excess over other profits can be surrendered ( CTM80115).