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3 year loss carry back

3 year loss carry back

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Company has a year end 31 December and is a member of LLP with 31 March year end. Under normal rules, losses can only be carried back one year, but following PBR2008 and FA2009, losses can be carried back 3 years (subject to £50k cap). My understanding is that this only applies to accounting periods ending between 24/11/08 & 23/11/10.

LLPs accounts to 31/3/10 show losses, 9/12 of which can be reported in CT600 for y/e 31/12/09. These are available to set off aginst 2008 as well as 2009.

3/12 of the LLP loss will be reported in CT600 for y/e 31/12/10. Assuming losses can't be fully utilised in 2010, I believe I can't carry back to 2008 as year end of 31/12/10 is outside time period for 3 year carry back, even though losses relate to LLP year end of 31/3/10 which is within time period! As far as I can see, a shortening of the year end may be in order.

Apologies if this sounds daft but it's late in the afternoon.

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