Corporation Tax

Consortium relief

Produced by Tolley
  • 23 Mar 2022 10:50

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

  • Consortium relief
  • Introduction
  • Definition
  • Illustration 1 ― consortium relationships
  • Available amounts
  • Deemed current year claim
  • Interaction with group relief
  • Illustration 2 ― interaction between group relief and consortium relief
  • Group consortium companies
  • Illustration 3 ― group consortium companies
  • More...

Consortium relief

Introduction

Consortium relief enables losses of a consortium company to be transferred to consortium members in proportion to the consortium member’s interest in the consortium company, and vice versa. Consortium relief is a flexible relief which is available in several different scenarios which are discussed further below.

Prior to 1 April 2017 consortium relief was only available for current year losses. For losses arising after 1 April 2017 these rules have been relaxed and when post 1 April 2017 losses are carried forward most can be surrendered as consortium relief. These rules are similar to the consortium relief rules for current year losses set out below but there are several conditions and anti-avoidance provisions. For further details see the Consortium relief for carried-forward losses post 1 April 2017 guidance note.

An overview is provided in the Consortium relief video, which covers key definitions, the allocation of losses between consortium members and the interaction with group relief. Worked computations are also included.

Definition

A 'consortium company’ is a company, which is 75% owned by consortium members.

Consortium members are companies which own at least 5% of the consortium company.

Overseas companies are included when deciding whether there is a consortium relationship although they cannot receive or surrender losses for consortium relief.

Note that the amendments to the group relief rules as a result of the Marks & Spencer’s case do not apply to consortium relief ― see the Group relief and the Setting up overseas ― branch or subsidiary guidance notes for more commentary

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