Finance Act 2005

79 Meaning of “capital contribution to the trade”

(1) After section 122 of FA 2004 insert—

“122A Partners: meaning of “capital contribution to the trade”

(1) This section applies for the purposes of section 119 where an individual makes a relevant claim (within the meaning of subsection (1)(a) of that section) in respect of a film-related loss sustained by him in a trade carried on in partnership (“the relevant trade”).

(2) The Board may by regulations provide that for the purposes of determining under section 119—

(a) whether an exit event within the meaning of subsection (2)(b) or (c) of that section occurs on or after 2nd December 2004, and

(b) where such an event occurs on or after that date, the chargeable amount within the meaning of subsection (5) of that section,

any amount of a description specified in the regulations is to be excluded when computing the amount of the individual’s capital contribution to the relevant trade.

(3) Regulations under this section may—

(a) make provision having effect before the date on which the regulations are made,

(b) make such supplementary, incidental, consequential or transitional provision as appears to the Board to be necessary or expedient, and

(c) make different provision for different cases or different purposes.

(4) The provision mentioned in subsection (3)(b) may include provision amending or repealing any provision of an Act passed before the Finance Act 2005.

(5) No regulations may be made under this section unless a draft has been laid before and approved by a resolution of the House of Commons.”

(2) In section 121 of FA 2004 (definition of “the individual’s capital contribution to the trade”) at the end insert—

“(7) This section is subject to provision made by regulations under section 122A (partners: meaning of “capital contribution to the trade”).”

(3) In section 123(1) of FA 2004 (definition of “film-related losses”) for “and 121” substitute “, 121 and 122A”.

(4) The amendments made by this section are deemed to have come into force on 2nd December 2004.