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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Calculation of partners' shares

  • Section 849 Calculation of firm's profits or losses
  • Section 850 Allocation of firm's profits or losses between partners
  • Section 850A Profit-making period in which some partners have losses
  • Section 850B Loss-making period in which some partners have profits
  • Section 850C Excess profit allocation to non-individual partners
  • Section 850D Excess profit allocation: cases involving individuals who are not partners
  • Section 850E Payments by B out of the excess part of B's profit share
  • Section 851 Calculations etc. where firm has other income or losses
  1. Calculation of partners' shares
  2. Calculation of firm's profits or losses

Section 849 | Calculation of firm's profits or losses

From legislation.gov.uk

(1)If—

(a)a firm carries on a trade, and

(b)any partner in the firm is chargeable to income tax,

the profits or losses of the trade are calculated on the basis set out in subsection (2) or (3), as the case may require.

(2)For any period of account in which the partner is a UK resident individual, the profits or losses of the trade are calculated as if the firm were a UK resident individual.

(3)For any period of account in which the partner is non-UK resident, the profits or losses of the trade are calculated as if the firm were a non-UK resident individual.

(3A)For any tax year that is a split year as respects the partner, this section has effect as if the partner were non-UK resident in the overseas part of the year.

(4)In calculating under subsection (2) or (3) the profits of a trade for any period of account no account is taken of any losses for another period of account.

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