Income Tax Act (Cap. 123)
Income Tax Act (Cap. 123), article 17
17. (1) Subject to, and in accord ance with, the provisions of
this article and of articles 18 to 22, allowable losses may, in the
case set out in sub-article (2) , be surrendered by a company,
hereinafter referred to as "the surrendering company", and, on the
making of a claim by another com pany, hereinafter referred to a s
“the claimant company”, be allowed to the claimant company as a
deduction called “group relief”. A claim made by virtue of this sub-
article is hereinafter refer red to as a “group claim”.
(2) Group relief shall be available where the surrendering
company and the claima nt company are both members of the same
group throughout the year preceding the year of assessment for
which the relief is claimed.
(3) For any year of assessment, two or more claimant
companies may make group cl aims relating to the same
surrendering company.
(4) A payment for group relief -
(a) shall not be taken into account in computing profits or
losses of either company for the purposes of tax
imposed by this Act; and
(b) shall not, for any of the purposes of this Act, be
106 CAP. 123.] INCOME TAX
regarded as a distribution.
For the purposes of this sub-article "payment for group relief "
means a payment made by the claimant company to the
surrendering company in pursuance of an agreement between them
in respect of an amount surren dered by way of group relief, bei ng a
payment not exceed ing that amount.
Losses which may
be surrendered by
way of group
relief.
Added by:
XVII. 1994.13.
Amended by:
II. 2007.7;
L.N. 409 of 2007;
XIII. 2015.50.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.