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Legislation
Corporation Tax Act 2009

Crossheading Calculation of partners' shares

  • Section 1259 Calculation of firm's profits and losses
  • Section 1260 Section 1259: supplementary
  • Section 1261 Accounting periods of firms
  • Section 1262 Allocation of firm's profits or losses between partners
  • Section 1263 Profit-making period in which some partners have losses
  • Section 1264 Loss-making period in which some partners have profits
  • Section 1264A Excess profit allocation to non-individual partners etc
  • Section 1265 Apportionment of profit share between partner's accounting periods
  1. Calculation of partners' shares
  2. Loss-making period in which some partners have profits

Section 1264 | Loss-making period in which some partners have profits

From legislation.gov.uk

(1)For any accounting period of a firm, if—

(a)the calculation under section 1259 in relation to a partner (“company A”) produces a loss, and

(b)company A's share determined under section 1262 is a profit,

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

(2)For any accounting period of a firm, if—

(a)the calculation under section 1259 in relation to company A produces a loss,

(b)company A's share determined under section 1262 is a loss, and

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

company 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 1259 in relation to company A,

PL is the amount determined under section 1262 to be company 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 company A is determined as follows.Step 1Take the firm's loss calculated under section 1259 in relation to company A.Step 2Determine in accordance with the firm's profit-sharing arrangements during the relevant accounting period 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 within the charge to corporation tax.

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