SCHEDULES

SCHEDULE 2Transitionals and savings

Part 14Tax avoidance

Individuals claiming relief for film-related trading losses

148

1

After the commencement of section 802, the Partnerships (Restrictions on Contributions to a Trade) Regulations 2006 (S.I. 2006/1639) have effect as if made under that section.

2

The Regulations so have effect subject to the following modifications.

3

They have effect as if in regulation 2—

a

for the definition of “ICTA” there were substituted—

ITA 2007” means the Income Tax Act 2007;

b

for the definition of “relevant individual” there were substituted—

relevant individual” means—

a

a limited partner (within the meaning given by section F1103A of ITA 2007),

b

a member of a limited liability partnership, or

c

a non-active partner (within the meaning given by section F2103B of ITA 2007),

where the partnership carries on a trade in which the individual makes a film-related loss (as defined in section 800(2) of ITA 2007) for which the individual makes a claim as mentioned in section 802(1) of that Act;

4

They have effect as if in regulation 3(a) for “section 120 of the Finance Act 2004” there were substituted “ section 799 of ITA 2007 ”.

5

They have effect as if in regulation 4—

a

for “contribution to the trade”, wherever occurring, there were substituted “ capital contribution ”,

b

for “section 119(2)(b) or (c) of the Finance Act 2004”, wherever occurring, there were substituted “ section 797(2)(b) of ITA 2007 ”, and

c

for paragraph (c)(ii) there were substituted—

ii

the amount of income treated as received in accordance with section 797(5) of that Act.

6

See paragraph 35 of this Schedule for provision about the effect of the Partnerships (Restrictions on Contributions to a Trade) Regulations 2005 (S.I. 2005/2017) after the commencement of section 802.