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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. Loss-making period in which some partners have profits

Section 850B | Loss-making period in which some partners have profits

From legislation.gov.uk

(1)For any period of account, if—

(a)the calculation under section 849 in relation to a partner (“A”) produces a loss, and

(b)A's share determined under section 850 is a profit,

A's share of the loss of the trade is neither a profit nor a loss.

(2)For any period of account, if—

(a)the calculation under section 849 in relation to A produces a loss,

(b)A's share determined under section 850 is a loss, and

(c)the comparable amount for at least one other partner is a profit,

A's share of the loss of the trade is the amount produced by the formula in subsection (3).

(3)The formula is—

Formula

FL×PLPL+TCL

where—

FL is the amount of the firm's loss calculated under section 849 in relation to A,

PL is the amount determined under section 850 to be A's loss, and

TCL is the total of the comparable amounts attributed to other partners under step 3 in subsection (4) that are losses.

(4)The comparable amount for each partner other than A is determined as follows.Step 1Take the firm's loss calculated under section 849 in relation to A.Step 2Determine in accordance with the firm's profit-sharing arrangements during the relevant period of account the shares of that loss that are attributable to each of the other partners.Step 3Each such share is the comparable amount for the partner to whom it is attributed.

(5)In subsections (2) to (4) “partner” means any partner in the firm, whether or not chargeable to income tax.

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