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Legislation
Income Tax Act 2007

Crossheading Individuals in partnership: recovery of excess relief

  • Section 791 Charge to tax on income treated as received under section 792
  • Section 792 Partners claiming excess sideways or capital gains relief
  • Section 793 Calculating the amount of income treated as received
  • Section 794 Meaning of “the total amount of trade losses claimed” etc
  • Section 795 Meaning of “post-1 December 2004 loss”
  1. Individuals in partnership: recovery of excess relief
  2. Calculating the amount of income treated as received

Section 793 | Calculating the amount of income treated as received

From legislation.gov.uk

(1)The amount of income treated as received by the individual under section 792 when the chargeable event occurs is the lowest of amounts A to C.

(2)Amount A is the amount by which the individual's contribution to the firm is reduced as a result of the application of regulations made under section 114.

(3)Amount B is the amount given by—

(a)taking, at the time immediately after the chargeable event occurs, the total amount of trade losses claimed that are post-1 December 2004 losses, and

(b)reducing that amount (but not below nil) by any reclaimed relief.

(4)Amount C is the amount given by—

(a)taking the amount by which, at the time immediately after the chargeable event occurs, the total amount of trade losses claimed exceeds the individual's contribution to the firm, and

(b)reducing that amount (but not below nil) by any reclaimed relief.

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