Corporation Tax Act 2010

[F1Restrictions on obtaining certain deductionsU.K.

269CARestriction on deductions for trading lossesU.K.

(1)This section has effect for determining the taxable total profits of a banking company for an accounting period.

(2)Any deduction made by the company for the accounting period in respect of a pre-2015 carried-forward trading loss may not exceed [F225%] of the company's relevant trading profits for the accounting period.

Section [F3269ZF] contains provision for calculating a company's relevant trading profits for an accounting period (see F4... subsection (1) of that section).

(3)But subsection (2) does not apply [F5in relation to a banking company for an accounting period where, in determining the company's relevant trading profits for the period, the amount given by step 1 in section 269ZF(3) is not greater than nil] .

(4)In this Chapter “pre-2015 carried-forward trading loss”, in relation to a company and an accounting period (“the current accounting period”), means a loss which—

(a)was made in a trade of the company in an accounting period ending before 1 April 2015, and

(b)is carried forward to the current accounting period under section 45 (carry forward of trade loss against subsequent trade profits).

(5)See also sections 269CE to 269CH (losses to which restrictions do not apply).

269CBRestriction on deductions for non-trading deficits from loan relationshipsU.K.

(1)This section has effect for determining the taxable total profits of a banking company for an accounting period.

(2)Any deduction made by the company for the accounting period in respect of a pre-2015 carried-forward non-trading deficit may not exceed [F625%] of the company's [F7total relevant non-trading profits] for the accounting period.

Section [F8269ZF] contains provision for calculating a company's [F7total relevant non-trading profits] for an accounting period (see [F9subsection (2B)] of that section).

(3)But subsection (2) does not apply [F10in relation to a banking company for an accounting period where, in determining the company's [F11total relevant non-trading profits] for the period, the amount given by step 1 in section 269ZF(3) is not greater than nil].

(4)In this Chapter “pre-2015 carried-forward non-trading deficit”, in relation to a company and an accounting period (“the current accounting period”), means a non-trading deficit—

(a)which the company had from its loan relationships under section 301(6) of CTA 2009 for an accounting period ending before 1 April 2015, and

(b)which is carried forward under section 457 of that Act (carry forward of deficits to accounting periods after deficit period) to be set off against non-trading profits of the current accounting period.

(5)In subsection (4) “non-trading profits” has the same meaning as in section 457 of CTA 2009.

(6)See also sections 269CE to 269CH (losses to which restrictions do not apply).

269CCRestriction on deductions for management expenses etcU.K.

(1)This section has effect for determining the taxable total profits of a banking company for an accounting period.

(2)Any deduction made by the company for the accounting period in respect of pre-2015 carried-forward management expenses may not exceed the relevant maximum (see subsection (7)).

(3)But subsection (2) [F12is subject to subsection (8)].

(4)In this Chapter “pre-2015 carried-forward management expenses”, in relation to a company and an accounting period (“the current accounting period”), means amounts falling within subsection (5) or (6).

See also sections 269CE to 269CH (losses to which restrictions do not apply).

(5)The amounts within this subsection are amounts—

(a)which fall within subsection (2) of section 1223 of CTA 2009 (carrying forward expenses of management and other amounts),

(b)which—

(i)for the purposes of Chapter 2 of Part 16 of CTA 2009 are referable to an accounting period ending before 1 April 2015, or

(ii)in the case of qualifying charitable donations, were made in such an accounting period, and

(c)which are treated by section 1223(3) of CTA 2009 as expenses of management deductible for the current accounting period.

(6)The amounts within this subsection are amounts of loss which—

(a)were made in an accounting period ending before 1 April 2015, and

(b)are treated by section 63(3) (carrying forward certain losses made by company with investment business which ceases to carry on UK property business) as expenses of management deductible for the current accounting period for the purposes of Chapter 2 of Part 16 of CTA 2009.

(7)The relevant maximum is determined as follows—

• Step 1 Calculate [F1325%] of the company's relevant profits for the accounting period. Section [F14269ZFA] contains provision for calculating a company's relevant profits for an accounting period.

• Step 2 Calculate the sum of any deductions made by the company for the accounting period [F15under—

  (a)

  section 45 (carry forward of pre-1 April 2017 trade loss against subsequent trade profits),

  (b)

  section 45B (carry forward of post-1 April 2017 trade loss against subsequent trade profits), or

  (c)

  section 457 of CTA 2009 (carry forward of pre-1 April 2017 non-trading deficits from loan relationships).]

• Step 3 The relevant maximum is the difference between the amount given by step 1 and the amount given by step 2. If the amount given by step 1 does not exceed the amount given by step 2, the relevant maximum is nil.

[F16(8)Subsection (2) does not apply in relation to a banking company for an accounting period where, in determining the company's relevant profits for the period, the amount given by step 1 in section 269ZF(3) is not greater than nil.]]

F17269CDRelevant profitsU.K.

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