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Contents

Official guidance
Business Income Manual

BIM85700 · restriction of relief

  • BIM85701 · Trade losses - restriction of relief: introduction
  • BIM85703 · Trade losses - restriction of relief: interaction with the income tax reliefs cap
  • BIM85705 · Trade losses - restriction of relief: uncommercial trades - not on a commercial basis
  • BIM85710 · Trade losses - restriction of relief: uncommercial trades - not with a view to the realisation of profit
  • BIM85715 · Trade losses - restriction of relief: change in conduct of trade
  • BIM85720 · Trade losses - restriction of relief: larger undertaking
  • BIM85725 · Trade losses - restriction of relief: partners
  • BIM85730 · Trade losses - restriction of relief: inclusion of capital allowances
  • BIM85735 · Trade losses - restriction of relief: uncommercial losses made in early years of trade
  • BIM85740 · Trade losses - restriction of relief: contrived trading losses
  • BIM85750 · Trade losses - restriction of relief: first year allowances and annual investment allowances
  • BIM85760 · Trade losses - restriction of relief: income not eligible/losses not eligible
  • BIM85761 · No sideways relief for tax-generated losses
  • BIM85762 · Tax-generated losses
  • BIM85765 · Non-active traders - overview
  • BIM85766 · Non-active traders - annual limit
  • BIM85767 · Non-active traders - basis period straddling 12 March 2008
  • BIM85768 · Trade losses - restriction of relief: non-active traders - film-related expenditure
  • BIM85769 · Trade losses - restriction of relief: non-active traders - tax-generated losses 12 March 2008 to 20 October 2009
  • BIM85770 · Trade losses - restriction of relief: non-active traders - basis period straddles, or tax avoidance arrangements predate, 12 March 2008
  1. restriction of relief: contents
  2. Trade losses - restriction of relief: introduction

BIM85701 | Trade losses - restriction of relief: introduction

From HM Revenue & Customs · Business Income Manual

S66 Income Tax Act 2007 (ITA 2007)

There is no relief under S64 ITA 2007 unless the trade (including a profession or vocation) is commercial, that is, unless it is carried on throughout the basis period for the tax year:

  1. on a commercial basis, and

  2. with the view to the realisation of profits of the trade (S66(2) ITA 2007).

Before applying this test in S66(2) ITA 2007 the first matter to be considered is whether the activities that are being carried on actually amount to trading. If the activities do not amount to trading then the losses are not trade losses and are not available for relief. See BIM20050 onwards in relation to what constitutes trading activities.

If the activities constitute a trade it is then necessary to apply the test in S66 ITA 2007, see BIM85705.

As regards the restriction of loss relief claimed under S72 ITA 2007 (losses in early year of trade), see BIM85735.

The general cap on income tax reliefs applies to both relief under S64 & S72 ITA 2007. It is considered next (BIM85703) however it applies after the other restrictions in BIM85705 onwards.

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