On 29 October 2018 the government published a consultation document in relation to a restriction on the offset of corporate capital losses. The government is inviting comments from companies likely to be affected by the capital loss restriction and from their advisers and trade bodies. Their views are invited on the detailed proposals and on the impact of the changes. Comments are invited from interested parties by 25 January 2019.

One of the proposals in the 2018 budget was to reform the rules for the relief of corporate capital losses with effect from 1 April 2020. The UK government considers that the current rules on corporate loss relief are one of the most outdated elements of the UK tax regime. They therefore wish to reform the loss relief regime to ensure that companies pay tax when they make substantial annual profits.

The proposal was to extend the corporate income loss restriction introduced in April 2017 to include carried-forward capital losses. As a result of this change companies would only be able to use carried-forward capital losses to offset a maximum of 50% of capital gains.

The allowance of GBP 5 million that already applies for the corporate income loss restriction would be extended to capital losses as well. This de minimis threshold will ensure that more than 99% of UK companies are not affected by either the corporate income loss or the corporate capital loss restriction.

Anti-avoidance measures would be included in the legislation to ensure that companies cannot use artificial schemes to overcome the restriction. These measures would include an anti-forestalling measure that would apply retrospectively from the date of the announcement of the measure in the 2018 budget.

The proposed changes will impact companies with carried-forward capital losses. The consultation is not likely to be relevant to companies or groups that do not have carried forward capital losses unless they consider that they may make significant capital losses in the future that would be carried forward to future accounting periods.

The document includes proposals for general restriction on the use of capital losses carried forward as well as specific proposals for companies with Basic Life Assurance and General Annuity Business (BLAGAB) and for oil and gas companies.

The consultation considers how best to implement the legislative reforms. It also considers how to deal with the interactions with other areas of the corporate tax system and with the corporate income loss regime.

Following the receipt of comments from interested parties the government will publish a summary of responses. After this draft legislation that takes account of the comments received will be published in the summer of 2019. After allowing time for further technical consultation the changes will be included in the 2020 Finance Bill and if approved will take effect from 1 April 2020.