Finance Act 2022

Trade profits if there is a transition part of the basis period for the tax year 2023-24

70 (1) Sub-paragraph (2) applies if there is a transition part of the basis period for the tax year 2023-24 (see paragraphs 65(3) and 67(4)(a)).

(2) In calculating the profits of the tax year 2023-24 for the purposes of Chapter 2 of Part 2 of ITTOIA 2005, take the following Steps.

• Step 1

  Determine the amount of the profits of the tax year 2023-24 attributable to the standard part of the basis period for that tax year.

  To do this, apply Chapter 2 of Part 2 of ITTOIA 2005 as if references in that Act to the basis period for the tax year 2023-24 were to the standard part of the basis period for that tax year.

• Step 2

  Determine the amount of the profits of the tax year 2023-24 attributable to the transition part of the basis period for that tax year.

  To do this, apply Chapter 2 of Part 2 of ITTOIA 2005 as if references in that Act to the basis period for the tax year 2023-24 were to the transition part of the basis period for that tax year.

• Step 3

  Deduct from the amount given by Step 2 the amount of any deduction for overlap profit allowed under this Part of this Schedule (see paragraph 68).

• Step 4

  Calculate the sum of the amounts given by Steps 1 and 3.

  If the amount given by either or both of—

  (a)

  Step 3, and

  (b)

  this Step,

  is nil, or less than nil, the profits of the tax year 2023-24 for the purposes of Chapter 2 of Part 2 of ITTOIA 2005 is the amount given by this Step (and see paragraph 71 for the treatment of a loss, or an increased loss, for the tax year 2023-24 arising from this Step).

  Otherwise, proceed to Steps 5 and 6.

• Step 5

  For the purposes of Step 6, and paragraphs 72 to 75, the amount of the trader’s “transition profits” for the tax year 2023-24 is the lesser of—

  (a)

  the amount given by Step 3, and

  (b)

  the amount given by Step 4.

• Step 6

  The amount of the profits of the tax year 2023-24 for the purposes of Chapter 2 of Part 2 of ITTOIA 2005 is—

  (a)

  if the amount given by Step 1 is nil, or less than nil, such amount of the transition profits for the tax year 2023-24 as is treated (in accordance with paragraphs 72 and 73) as arising in that tax year;

  (b)

  if the amount given by Step 1 is more than nil, the sum of that amount and such amount of the transition profits for the tax year 2023-24 as is treated (in accordance with paragraphs 72 and 73) as arising in that tax year.