Introduction Equity holders Overview Section 130: Group relief claims on amounts surrenderable under Chapter 2
484.This section sets out the basic rules for claims for group relief surrendered by UK related companies. It is based on section 402 of ICTA and paragraph 70 of Schedule 18 to FA 1998.
485.The corresponding rules for EEA related companies are in section 135.
486.Subsection (2) requires a claim by the claimant company. The surrender is required by section 99(6). The subsection goes on to set out three conditions for a claim.
	There must be a consent (see section 99(6)).
	There must be an overlapping period (see section 142).
	The relief must be available as a result of the existence of:a group (see section 131);a consortium, not involving a “link” company (see section 132); ora consortium involving a “link” company (see section 133).
487.The detail of each part of the third condition includes a requirement that the companies concerned are “UK related” (defined in section 134). That requirement in the case of a group is based on section 402(2) of ICTA.
488.In the case of a consortium it is explicit in section 402(3A) and (3B) of ICTA that the claimant and surrendering companies must be UK related.
489.In the case of a claim for the losses of a company (C) owned by a consortium, section 406(2) of ICTA applies only if the link company (L) could make a claim. That is the case only if L is UK related.
490.In the case of a claim by a company (C) owned by a consortium there is no explicit rule in section 406(5) of ICTA that is equivalent to the rule in section 406(2). But it is implicit in the section: indeed, subsection (8) can work only if the link company (L) is UK related; otherwise section 402(3A) and (3B) of ICTA would prevent L from being the surrendering company.
491.So each of the conditions in sections 131 to 133 is explicit in requiring that all of the surrendering, claimant and link companies are UK related.
492.Subsection (3) makes clear that more than one company may claim the relief available in the surrendering company. But the total claimed cannot exceed the relief available (see section 137(7)).