APC30100 - Losses: losses surrendered for payable tax credit
S1216CI(3) Corporation Tax Act 2009 (CTA 2009)
Where a company makes a claim for Television Tax Credit (TTC) it surrenders a part of its surrenderable loss for the credit. The loss surrendered cannot be utilised in any other way.
Example
A Television Production Company (TPC) produces Animation 1 which qualifies for Television Tax Relief (TTR). The company draws up accounts to 31 December.
The separate trade for the purposes Part 15A CTA 2009 commences on 3 July 2013 and the programme is completed on 10 February 2014. The accounting periods are therefore:
- 3 July to 31 December 2013
- Year ended 31 December 2014
- Year ended 31 December 2015
The computations show:
Period ended 31 December 2013 | Amount - £ |
---|---|
Income from the programme | 100,000 |
Costs of the animation | (850,000) |
Television tax relief - additional deduction | (400,000) |
Profit/(loss) on programme | (1,150,000) |
Other income - non-trade loan relationship | 10,000 |
The computation shows a trading loss of £1,150,000. The TPC chooses to surrender part of this trading loss for TTC.
The amount of surrenderable loss (APC55100) is the lesser of:
- the amount of trading loss for the pe55100) is the lesser of:ilised in any other way.its surrenderable loss for the credit. Thiriod of £1,150,000, and
- the available qualifying expenditure of £400,000.
The maximum surrenderable loss is therefore £400,000 and this is surrendered for TTC of £100,000.
This leaves a loss of £750,000 which can only be carried forward. As this is a production accounting period, this loss is restricted and cannot be offset against other income. The interest income (the non-trade loan relationship income) is therefore taxable.
Period ended 31 December 2014 | Amount - £ |
---|---|
Income from the programme | 100,000 |
Costs of the animation | (150,000) |
Television tax relief - additional deduction | (100,000) |
Profit/(loss) on programme | (150,000) |
Other income - non-trade loan relationship | 20,000 |
The computation shows a trading profit of £150,000. This is the completion period in respect of the animation trade.
The brought forward loss of £750,000
- nil is attributable to TTR, and
- £750,000 is not attributable to TTR
As this is a completion period, the company can utilise the profits not attributable to TTR against other profits and carry them back to the previous period. They therefore utilise losses as follows:
- | Amount of loss |
---|---|
Set against other profits of the same accounting period | £20,000 |
Carried back against profits of the previous period | £10,000 |
Surrendered as group relief | Nil |
Total | £30,000 |
This is the maximum amount that can be relieved. This leaves the company with nil total taxable profits in both periods.
The company has unutilised losses brought forward of £720,000.
The current year losses may be surrendered for TTC. The maximum amount of surrenderable loss is the lesser of:
- £870,000 being the amount of the trading loss for the period of £150,000 plus the relevant unused loss of £720,000, and
- the available qualifying expenditure of £100,000.
The maximum surrenderable loss is therefore £100,000. This produces TTC of £25,000 and leaves a trading loss for this accounting period of £50,000.
The total trading loss carried forward is therefore £770,000.
The following table shows how the losses are used in the various accounting periods:
- | TTR - APE 31/12/2013 - £ | non-TTR - APE 31/12/2013 - £ | TTR - APE 31/12/2014 - £ | non-TTR - APE 31/12/2014 - £ |
---|---|---|---|---|
APE 31/12/2013 | - | - | - | - |
Production period loss | 400,000 | 750,000 | - | - |
Losses surrendered for TTC | (400,000) | - | - | - |
Losses carried forward | 0 | 750,000 | - | - |
APE 31/12/2014 | - | - | - | - |
Losses brought forward | - | 750,000 | - | - |
Completion period losses | - | - | 100,000 | 50,000 |
Loss surrendered for TTR | - | - | (100,000) | - |
Set off against NTLR | - | (20,000) | - | - |
Carried back against NTLR of previous period | - | (10,000) | - | - |
- | - | 720,000 | 0 | 50,000 |
APE 31/12/2015 | - | - | - | - |
Losses brought forward | - | 720,000 | - | 50,000 |