CREC073200 - Expenditure credit redemption: example 2 - loss-making company

CT = Corporation TaxÌý

AP = accounting periodÌý

Company 2Ìý

ValuesÌý

LossÌý

(£300,000)Ìý

CT liability @ 25%Ìý

nilÌý

Credit for this APÌý

£100,000Ìý

Credit brought forwardÌý

nilÌý

Credit received from group member(s)Ìý

nilÌý

CT liability of other AP(s)Ìý

nilÌý

Other liabilitiesÌý

£15,000Ìý

Company 2 is a member of a group. Another member of the group, with a matching AP, is profit-making and has a CT liability of £20,000 for the AP as a result.Ìý


PRE-STEP 1 RESTRICTION
Ìý

The amount of credit brought forwardÌýand the amount of credit received from group member(s) are used, in that order, to discharge the CT liability for this AP.Ìý

Company 2 has no brought forward credit or amounts surrendered by a group member, so there is no need to apply the restriction.Ìý


STEP 1
Ìý

The credit amount for this AP is used to discharge the CT liability for this AP.Ìý

-Ìý

ValuesÌý

Credit for this APÌý

£100,000Ìý

CT liabilityÌý

nilÌý

Credit remainingÌýafter dischargeÌý

£100,000Ìý


STEP 2
Ìý

If the amount of credit remainingÌýafter Step 1 exceeds the initialÌýcredit amount net of a notional tax charge, it is to be reduced to the initialÌýcredit amount net of a notional tax charge.Ìý

The notional tax charge is at the main rate of CT, 25%.Ìý

-Ìý

ValuesÌý

Amount of credit remainingÌýafter Step 1Ìý

£100,000Ìý

Net credit (£100,000 less 25%)Ìý

£75,000Ìý

Carry forward lesser amount to Step 3Ìý

£75,000Ìý

Credit withheld at Step 2Ìý

£25,000Ìý

The withheld amount is not available as a payable credit now or in future but can be surrendered to a group member or used to discharge CT liability in later years.Ìý


STEP 3
Ìý

The amount of credit remainingÌýafter Step 2 is used to discharge any liability of the company to pay CT for any other AP.Ìý

-Ìý

ValuesÌý

Credit remainingÌýafter Step 2Ìý

£75,000Ìý

CT liability of other AP(s)Ìý

nilÌý

Credit remainingÌýafter dischargeÌý

£75,000Ìý


STEP 4
Ìý

If the company is a member of a group, it may surrender some or all ofÌýthe amount remainingÌýafter Step 3 to any other member of the same group.Ìý

-Ìý

ValuesÌý

Credit remainingÌýafter Step 3Ìý

£75,000Ìý

Amount surrendered to group memberÌý

£20,000Ìý

Amount remainingÌýafter surrenderÌý

£55,000Ìý


STEP 5
Ìý

The amount of credit remainingÌýafter Step 4 is used to discharge any other liability of the company to pay a sum to HMRC, e.g.ÌýVAT or an amount due under a contract settlement.Ìý

-Ìý

ValuesÌý

Credit remainingÌýafter Step 4Ìý

£55,000Ìý

Other liabilitiesÌý

£15,000Ìý

Other liabilities after dischargeÌý

nilÌý

Credit remainingÌýafter dischargeÌý

£40,000Ìý


STEP 6
Ìý

The amount remainingÌýafter Step 5 is payable to the company by HMRC, provided that:Ìý

  • the company is not in administration or liquidation,Ìý

  • HMRC has not opened an enquiry into the company’s tax return,Ìý

  • the company does not have unpaid amounts of PAYE, Class 1 NICs or withholding tax for visiting performers.Ìý

Company 2 meets the conditions and receives £40,000 payable credit.Ìý

SummaryÌý

ValuesÌý

Withheld at Step 2Ìý

£25,000Ìý

Surrendered at Step 4Ìý

£20,000Ìý

Discharge at Step 5Ìý

£15,000Ìý

Payable at Step 6Ìý

£40,000Ìý

Total credit for this APÌý

£100,000Ìý


SURRENDER TO GROUP MEMBER
Ìý

If the company is a member of a group, it may surrender some or all ofÌýthe amountÌýwithheld at Step 2, plus any credit brought forwardÌýand not used at the pre-Step 1 restriction, to any other member of the same group.Ìý

Company 2 does not have any unused credit brought forward, but it does have £25,000 withheld at Step 2.Ìý

-Ìý

ValuesÌý

Credit withheld at Step 2Ìý

£25,000Ìý

Unused credit brought forwardÌý

nilÌý

TotalÌý

£25,000Ìý

Amount surrendered to group memberÌý

£10,000Ìý

Credit remainingÌýto carry forwardÌý

£15,000Ìý


AMOUNTS CARRIED FORWARD
Ìý

Any amount withheld at Step 2 and/or any unused credit brought forward which isÌýnot surrendered to a group member is carried forward to the next AP.Ìý

Company 2 has no amount of unused credit brought forward, but it does have £15,000 withheld at Step 2 and not surrendered to a group member.Ìý

Company 2 carries forward £15,000 credit to the next AP, which is brought in at the pre-Step 1 restriction for that AP.Ìý