OT21105 - Corporation Tax Ring Fence and Supplementary Charge
Treatment of ACT: Carry Back Surrendered ACT
Manual users are reminded S498 ceases to apply for accounting
periods commencing on or after 6th April 1999. The notes below are
for periods prior to this.
ICTA88/s498(1). The conditions for any carry back of
surrendered ACT are:
- the dividend whose ACT is surrendered must have been paid not earlier than 17 March 1987.
- the surrendering company must not be under the control of another UK resident company at any time during the accounting period in which the dividend is paid. "Control" is as defined in ICTA88/s416.
- the ACT to be surrendered must not be subject to any restriction which prevents set- off of that ACT against CT on profits from ring fence activities (ICTA88/s497(2) -
- the subsidiary receiving the ACT has, in one or more accounting periods in the preceding 6 years, a liability to CT on ring fence profits.
Where the conditions at s/498(1) are met, although the rules in ICTA88/s239 and ICTA88/s240 generally apply, ICTA88/s498(4) lays down that the restriction on carrying back surrendered ACT shall not apply as long as the subsidiary receiving the surrendered ACT has carried on a ring fence trade throughout the period beginning with the AP to which the ACT is carried back and ending with the period from which the carry back is claimed.
