Group relief
75 per cent subsidiary, meaning
90 per cent subsidiary, meaning
Accelerated payment notices
Acquisition of trading stock
Agreement to extend import agreement/option to sell shares in importer
Alternative finance arrangements
Appointment of receivers over the whole property of a company
Arrangements in place to deny the surrender of group relief
Arrangements that do not restrict availability of relief
Bad or doubtful debts
Banks Tier 2 capital resources
Basic
Beneficial ownership
Capital allowance excess, surrenderable amount
Capital allowances surrendered
Capital allowances, surrender of
Carried-forward amounts, conditions for claims
Claim
Form of
Losses of UK and non-UK resident companies
Time limit
Validity
Claims
Amounts surrendered by EEA-related companies
Amounts surrendered by UK-related companies
Authorised company
Consortiums
Deduction from total profits
Generally
Limitation on amount given
Members of both group and consortium
Outside time-limits
Overview
Simplified arrangements
Two or more claims, priority of claims
Claims and adjustments
Alterations to claims or amounts surrendered
Amounts available for surrender
Consent to surrender
Consortium claims, exclusion of share dealing companies
Generally
Larger/more complex groups
Late claims
Recovery of additional tax as a result of reduction in claim
Simplified arrangements
Time-limits
Companies
Company, definition
Conditions
Consortium relief
Amount which can be claimed
Arrangements preventing control in place
Bad debts
Claimant company not controlled by surrendering company
Companies owned by consortiums
Conditions to be met
Discrimination according to the place of residence
Freedom of establishment
Generally
Limitations
Link company established in EEA
Loan relationships, bad debts/impairment
Meaning of consortium
National legislation excluding the transfer of losses within the national territory by a consortium company
Proportion of voting power held by company, based on
Qualifying holding company
Residence requirement imposed on link company
Surrendering company not controlled by claimant company
Transfers of companies owned by consortiums
Control of company, arrangements whereby control can be obtained by another person
Controlled foreign companies
Convertible shares or securities
Corporation tax self-assessment
Claims and adjustments
Claims for more or less than amount available for surrender
Claims to be included in return
Consent to surrender
Content of claims
Excessive, assessment to recover
Generally
Joint amended returns
Notice of consent
Notice of consent requiring amendment of return
Reduction in amount available for surrender
Time-limit for claims
Withdrawal or amendment
Decided stamp duty cases
Deduction of loss incurred by another member from assessable income
Definition
Determination of EU law question following CJEU judgment
Determination of relationship between companies
Consortiums
Explanation of terms
Generally
Groups of companies
Subsidiaries
Transfer of companies, arrangements for
Disposal of real estate
Disqualifying arrangements
Double taxation exempt, activities which are
Double taxation relief, non-discrimination provision
Dual resident companies
Dual resident investing companies
EEA-related companies
Conditions which must be met
Generally
Legislation
Meaning
Overlapping period
Surrenderable amount
Entitlement to profits available for distribution
Entitlement, losses on realised loans
Equity holder, meaning
Equity holders
Equity holders, profits and assets available for distribution
Entitlement to distribution of profits
Equity holder, meaning
Generally
Non-resident companies
Normal commercial loan, meaning
Ordinary shares, meaning
Quoted parent company test
Restricted right to dividends
Shares or securities with restricted/temporary rights
Tier two capital
Use of relevant company's assets
Exception for certain joint venture arrangements
Exception for mortgage arrangements
Excessive
Failure of a member state to fulfil obligations
Generally
Group transfers, tax avoidance
Group, meaning
HMRC's refusal to exercise a statutory discretion permitting adjustments to claims outside statutory time limits
Holding company, meaning
How relief is given
Insurance companies
Intangible fixed assets, surrenderable amount
Intra-group transfers following corporation acquisitions
Joint venture arrangement
Joint venture company
Land and buildings transaction tax
Late claims, loss-buying scheme
Limitation on amount given
Consortium condition, claim based on
Generally
Overlapping period, meaning
Two or more claims, priority of claims
Unrelieved part of claimant company's available total profits
Unused part of surrenderable amounts
Lloyd's underwriters, restriction
Loan creditor, meaning
Loan relationships
Bad debts/impairment
Non-trading deficit
Loss relief group litigation, High Court jurisdiction
Loss-making company and acquiring company members of same group
Losses incurred by subsidiaries in other member states
Date for determining definitive losses
Freedom of establishment
Invalid claims, no-possibilities test fulfilment
Quantification of losses
Management expenses, surrenderable amount
Meanings
Member states freedom of establishment
Members of same group throughout whole of period
Members of the same group
Mortgage arrangement
Nature and conditions
Generally
Nature
New consideration, meaning
Non-resident companies
Non-resident companies trading through UK permanent establishment
Non-resident subsidiaries
Clarification of judgment and costs
Losses and profits in different jurisdictions, successive claims
No possibilities test
Valid claims, time-limits
Non-UK tax, meaning
Normal commercial loan, meaning
Oil extraction activities
Oil taxation
Ordinary share capital
Ordinary shares, meaning
Overseas losses of non-resident companies
Overview
Ownership of share capital
Partnerships
Payments for relief surrendered
Payments not to be taken into account
Profits and assets available for distribution
Basic rules
Generally
Non-resident companies
Option arrangements
Shares or securities with limited/temporary rights
Profits and assets available for distribution, equity holder's entitlement to
Amounts referable to company's UK trade
Joint venture companies, transfer of shares or securities/suspension of member's voting rights
Lower alternative proportion
Mortgages secured by shares or securities/exercise of rights
Non-resident companies
Option arrangements
Proportion of profits available
Relevant accounting period, meaning
Shares or securities with limited rights
Shares or securities with temporary rights
Winding up, proportion of profits available
Property business losses, surrenderable amounts
Restriction, joint assessment
Restrictions on availability of relief
Restrictions on relief
First disqualifying arrangement
Generally
Stamp-duty reconstruction
Seventy-five percent subsidiary test
Share dealing companies
Stamp duty
Stamp duty land tax
Generally
HMRC guidance on para. 4ZA
Partnerships
Subsequent sale of properties acquired as trading stock
Subsidiaries
75 per cent subsidiary, issued share capital
75 per cent, meaning
90 per cent, meaning
Companies treated as members of the same group
Consortiums, companies owned by
Loss-buying scheme, late claims
Receipts of
Sale of
Surrender
Amount available, deduction of allowable losses of past periods from chargeable gains
Arrangements when company leaving group
Surrenderable amount (EEA-related companies)
Administrative provisions
Amount which can be claimed
Anti-avoidance provisions, unallowable overseas losses
Capital allowances
Conditions which must be met
Determination, steps to be followed
EEA group condition, meaning
Recomputation of loss according to UK principles
Residence and where activities are carried on
Surrenderable amount (UK-related companies)
Alternative finance arrangements
Capital allowance excess
Dual resident companies
Equivalence condition
Generally
Intangible fixed assets
Management expenses
Non-resident companies trading through UK permanent establishment
Non-UK profits, meaning
Non-UK tax, meaning
Restriction
Trading losses
UK property business losses
UK resident company with foreign permanent establishment
Surrendering company non-resident
Surrendering losses and other amounts
Alternative finance arrangements, restriction of losses etc. surrenderable
Capital allowances excess, meaning
Charitable donations
Dual resident companies, restriction on losses etc. surrenderable
Generally
Intangible fixed assets, non-trading loss
Leasing plant and machinery
Management expenses, meaning
Non-resident companies, restriction on losses etc. surrenderable
Non-UK profits, meaning
Property income losses
Restrictions on losses etc. that may be surrendered
Specified losses and other amounts that may be subject to a claim
Trading loss, meaning
UK property business loss
Surrenders by non-resident company resident/trading in the EEA
Accounting periods, assumptions as to
Assumptions to be made in recalculating EEA amount
Calculation of amount to be surrendered
Capital allowances, assumptions as to
EEA related definitions
EEA tax loss condition, companies non-resident in EEA territory
EEA tax loss condition, companies resident in EEA territory
Equivalence condition
Excluded amounts
Generally
Places in which activities carried on, assumptions as to
Precedence condition
Qualifying loss condition
Recalculation of EEA amount
UK residence, assumptions as to
Trading company, meaning
Trading losses, surrenderable amount
Trading or capital receipts
Transfer of rights
Transfers
Generally
Losses of non-resident company
Property
Tax avoidance
Transfers of companies, arrangements for
Arrangements, meaning
Company owned by consortium
Joint venture companies, transfer of shares or securities/suspension of member's voting rights
Member of group of companies
Mortgage secured by shares or securities/right not exercised
Statutory body
Successor companies, meaning
Trustee savings banks
UK resident company with foreign permanent establishment
UK-related companies
Amount which can be claimed
Conditions to be met
Cosortium conditions
Surrenderable amounts
Withdrawal
Cases involving successive transactions
Compliance
Example
Exceptions
Generally
Recovery of SDLT
Withdrawal of old and making of new claims after expiry of ordinary statutory time limits