Terminal trading loss relief

By Tolley

The following Corporation Tax guidance note by Tolley provides comprehensive and up to date tax information covering:

Terminal trading loss relief
Terminal loss relief for trade losses in the final 12 months
Terminal loss relief for carried-forward trade losses post-1 April 2017
Administration
Anti-avoidance and terminal losses

Terminal loss relief for trade losses in the final 12 months

Trading losses incurred by a company in the final 12 months leading up to the discontinuance of trade may be carried back for up to three years from the period beginning immediately before that 12-month period. So if the final accounting period for the company is from 1 January 2025 to 31 December 2025, the three-year period for this terminal loss relief will be from 1 January 2022 to 31 December 2024.

CTA 2010, s 39

It is likely that this will involve an apportionment of losses incurred in the penultimate accounting period because cessation accounts are not always exactly 12 months long.

Where the carry-back claim is made against profits of more than one accounting period, losses must be offset against later years first.

A claim can only be made against the profits of the relevant year if the company was carrying on the same trade at some point in the accounting periods that fall within that year.

Terminal loss relief for carried-forward trade losses post-1 April 2017

The terminal loss relief discussed above is augmented by an additional relief for carried-forward losses incurred on or after 1 April 2017.