SCHEDULES

SCHEDULE 2Transitionals and savings

Part 14Tax avoidance

Individuals in partnership: recovery of excess relief

142

In section 792(1)—

a

the reference to the claiming of relief includes a reference to the claiming of relief as mentioned in section 74(1)(a) and (b) of FA 2005, and

b

the reference to sections 104, 107 and 110 includes a reference to section 117 of ICTA (including as applied by section 118ZB of that Act) and section 118ZE of that Act.

143

1

The losses covered by section 794(1) and (2) in relation to a trade include losses within section 74(5) of FA 2005 made in the trade.

2

The income covered by section 794(3) includes amounts treated as received as a result of the application of section 74 of FA 2005.

3

Sub-paragraph (4) applies for the purposes of section 794(5) if, as a result of paragraph 142(b), the relevant restriction provision would be section 117 of ICTA (including as applied by section 118ZB of that Act) or section 118ZE of that Act.

4

The relevant restriction provision is instead taken to be—

a

in the case of section 117 of ICTA (other than as applied by section 118ZB of that Act), section 104,

b

in the case of section 117 of ICTA (as applied by section 118ZB of that Act), section 107, and

c

in the case of section 118ZE of ICTA, section 110.

5

In section 794(6) the reference to subsection (2)(b) includes a reference to section 74(11)(b) of FA 2005.