Part 4Loss relief

Chapter 7Losses from miscellaneous transactions

Loss relief against miscellaneous income

152Losses from miscellaneous transactions

1

A person may make a claim for loss relief against miscellaneous income if in a tax year (“the loss-making year”) the person makes a loss in any relevant transaction.

2

A transaction is a relevant one if, assuming there were profits or other income arising from it—

a

those profits or that other income would be section 1016 income, and

b

the person would be liable for income tax charged on those profits or that other income.

3

The claim is for the loss to be deducted in calculating the person’s net income for the loss-making year and subsequent tax years (see Step 2 of the calculation in section 23).

4

But a deduction for that purpose is to be made only from the person’s miscellaneous income.

5

A person’s miscellaneous income is so much of the person’s total income as is—

a

income or gains arising from transactions, and

b

section 1016 income.

This is subject to subsection (6).

6

If the loss was made by the person as a partner in a partnership, the transactions covered by subsection (5)(a) are limited to transactions entered into by the partnership.

7

In calculating a person’s net income for a tax year, deductions under this section from the person’s miscellaneous income are to be made before deductions of any other reliefs from that miscellaneous income.

8

In this section “section 1016 income” means income on which income tax is charged under or by virtue of any provision to which section 1016 applies.

9

This section needs to be read with—

a

section 153 (how relief works),

b

section 154 (transactions in deposit rights), and

c

section 155 (claims).