CTM92254 - Corporation Tax self-assessment (CTSA): the payment obligation: carry-back of trading losses or non-trading deficit - late payment interest - example 4

Accounting period 01/01/2008 to 31/12/2008	Accounting period 01/01/2010 to 31/12/2010
CT profits	£10,000	Trade loss £10,000
Non-trade charges - Nil tax payable	£10,000	CTA2010/S37 claim, as extended by FA2009/Sch 6, to carry back to accounting period ended 31/12/2008. (No profits for the accounting period ended 31/12/2009.)

Calculation
Liability after carry-back becomes profit	£10,000
Less loss carry-back	£10,000
CT liability	Nil

The non-trade charges displaced by the loss carry-back are surrendered as group relief under CTA2010/S99.

The carry-back has no consequences for late payment interest. No additional amount of CT would have carried interest if the claim had not been made. (If the claim had not been made, it would not have been possible to surrender the non-trade charges – CTA2010/S105)

Although the surrender of non-trade charges has only been made possible by the loss carry-back, it will be effective for interest purposes from the normal due date for the corresponding accounting period of the company to which it has been surrendered.

The circumstances in which the TMA70/S87A interest rule may fail to be fully effective because of the need to allow for some relief which has in fact been surrendered are fairly unusual but any cases in which the system is apparently being abused should be referred to CT&BIT (see ‘Advice and Help’ on intranet pages).

Note: COTAX will incorrectly charge interest in such a case, see (b) of COM50090 for the action to take.