Taxes Management Act 1970 (c. 9)

SCHEDULES

[F1 SCHEDULE 1B U.K. Claims for relief involving two or more years

Textual Amendments

F1 Sch. 1B inserted (with effect in accordance with s. 128(11) of the amending Act) by Finance Act 1996 (c. 8), s. 128(2), Sch. 17

Preliminary U.K.

1 (1) In this Schedule— U.K.

(a) any reference to a claim includes a reference to an election or notice; and

(b) any reference to the amount in which a person is chargeable to tax is a reference to the amount in which he is so chargeable after taking into account any relief or allowance for which a claim is made.

[F2 (2) For the purposes of this Schedule, two or more claims made by the same person are associated with each other if each of them [F3 is a claim to which this Schedule applies and the same] year of assessment is the earlier year in relation to each of those claims.

(3) In sub-paragraph (2) above, any reference to claims [F4 includes a reference to amendments and revocations to which paragraph 4 below applies.]]

Textual Amendments

F2 Sch. 1B para. 1(2)(3) substituted (with application in accordance with Sch. 24 para. 3(2) of the amending Act) by Finance Act 2001 (c. 9), Sch. 24 para. 3(1)

F3 Words in Sch. 1B para. 1(2) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(2)(a) (with Sch. 2)

F4 Words in Sch. 1B para. 1(3) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(2)(b) (with Sch. 2)

Loss relief U.K.

2 (1) This paragraph applies where a person makes a claim requiring relief for a loss incurred or treated as incurred, or a payment made, in one year of assessment (“the later year”) to be given in an earlier year of assessment (“the earlier year”). U.K.

(2) Section 42(2) of this Act shall not apply in relation to the claim.

(3) The claim shall relate to the later year.

(4) Subject to sub-paragraph (5) below, the claim shall be for an amount equal to the difference between—

(a) the amount in which the person is chargeable to tax for the earlier year (“amount A”); and

(b) the amount in which he would be so chargeable on the assumption that effect could be, and were, given to the claim in relation to that year (“amount B”).

(5) Where effect has been given to one or more associated claims, amounts A and B above shall each be determined on the assumption that effect could have been, and had been, given to the associated claim or claims in relation to the earlier year.

(6) Effect shall be given to the claim in relation to the later year, whether by repayment or set-off, or by an increase in the aggregate amount given by section 59B(1)(b) of this Act, or otherwise.

(7) For the purposes of this paragraph, any deduction made under section 62(2) of the 1992 Act (death: general provisions) in respect of an allowable loss shall be deemed to be made in pursuance of a claim requiring relief to be given in respect of that loss.

Relief for fluctuating profits of farming etc. U.K.

3 (1) This paragraph applies where a person who is or has been carrying on [F5 a qualifying trade, profession or vocation (within the meaning of Chapter 16 of Part 2 of ITTOIA 2005) claims that Chapter 16 of Part 2 of ITTOIA 2005] shall have effect in relation to his profits from that trade[F6 , profession or vocation] U.K.

[F7 (a) in the case of a two-year claim, for two consecutive years of assessment, and

(b) in the case of a five-year claim, for five consecutive years of assessment.]

(2) The claim shall relate to [F8 the last of the two or five years].

(3) Subject to sub-paragraph (4) below, in so far as the claim relates to the profits of [F9 an earlier year], the claim shall be for an amount equal to the difference between—

(a) the amount in which the person is chargeable to tax for the earlier year (“amount A”); and

(b) the amount in which he would be so chargeable on the assumption that effect could be, and were, given to the claim in relation to that year (“amount B”).

(4) Where effect has been given to one or more associated claims, amounts A and B above shall each be determined on the assumption that effect could have been, and had been, given to the associated claim or claims in relation to the earlier year.

(5) In so far as the claim relates to the profits of [F10 an earlier year], effect shall be given to the claim in relation to [F11 the last of the two or five years] by an increase in the amount of tax payable or, as the case may require, in the aggregate amount given by section 59B(1)(b) of this Act.

(6) Where this paragraph applies twice in relation to the same year of assessment, the increase or reduction in the amount of tax payable for that year which is required by sub-paragraph (5) above on the earlier application shall be disregarded in determining amounts A and B above for the purposes of the later application.

[F12 (7) In this paragraph—

• “two-year claim” means a claim under section 222 of ITTOIA 2005;

• “five-year claim” means a claim under section 222A of ITTOIA 2005.]

Textual Amendments

F5 Words in Sch. 1B para. 3(1) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(3)(a) (with Sch. 2)

F6 Words in Sch. 1B para. 3(1) inserted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(3)(b) (with Sch. 2)

F7 Words in Sch. 1B para. 3(1) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(10)(a)

F8 Words in Sch. 1B para. 3(2) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(10)(b)

F9 Words in Sch. 1B para. 3(3) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(10)(c)

F10 Words in Sch. 1B para. 3(5) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(10)(d)(i)

F11 Words in Sch. 1B para. 3(5) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(10)(d)(ii)

F12 Sch. 1B para. 3(7) inserted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(10)(e)

Relief claimed by virtue of [F13 section 224(4) of ITTOIA 2005] U.K.

Textual Amendments

F13 Words in Sch. 1B para. 4 cross-heading substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(5) (with Sch. 2)

4 (1) This paragraph applies where— U.K.

(a) a person who [F14 claims that Chapter 16 of Part 2 of ITTOIA 2005] shall have effect for two [F15 or five] consecutive years of assessment F16 ... makes or amends a claim for relief under any other provision of the Income Tax Acts for [F17 any] of those years; and

(b) the making or amendment of the claim would be out of time but for [F18 section 224(4) of that Act] .

(2) The claim or amendment shall relate to [F19 the last of the two or five years].

(3) Subject to sub-paragraph (4) below, in so far as the claim or amendment relates to income of [F20 an earlier year], the amount claimed, or (as the case may be) the increase or reduction in the amount claimed, shall be equal to the difference between—

(a) the amount in which the person is chargeable to tax for the earlier year (“amount A”); and

(b) the amount in which he would be so chargeable on the assumption that effect could be, and were, given to the claim or amendment in relation to that year (“amount B”).

(4) Where effect has been given to one or more associated claims, amounts A and B above shall each be determined on the assumption that effect could have been, and had been, given to the associated claim or claims in relation to the earlier year.

(5) In so far as the claim or amendment relates to income of [F21 an earlier year], effect shall be given to the claim or amendment in relation to [F22 the last of the two or five years] by an increase in the amount of tax payable or, as the case may require, in the aggregate amount given by section 59B(1)(b) of this Act.

(6) In this paragraph “amendment” shall be construed accordingly.

Textual Amendments

F14 Words in Sch. 1B para. 4(1)(a) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(4)(a) (with Sch. 2)

F15 Words in Sch. 1B para. 4(1) inserted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(11)(a)(i)

F16 Words in Sch. 1B para. 4(1) omitted (with effect in accordance with s. 25(12) of the amending Act) by virtue of Finance Act 2016 (c. 24), s. 25(11)(a)(ii)

F17 Word in Sch. 1B para. 4(1) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(11)(a)(iii)

F18 Words in Sch. 1B para. 4(1)(b) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(4)(b) (with Sch. 2)

F19 Words in Sch. 1B para. 4(2) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(11)(b)

F20 Words in Sch. 1B para. 4(3) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(11)(c)

F21 Words in Sch. 1B para. 4(5) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(11)(d)(i)

F22 Words in Sch. 1B para. 4(5) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(11)(d)(ii)

Carry-back of post-cessation etc. receipts U.K.

5 (1) This paragraph applies where a person who has received a sum to which [F23 section 257 of ITTOIA 2005] applies (election for carry-back) makes an election under that section requiring tax to be charged as if the sum were received on [F24 the date of the cessation]; and in this paragraph— U.K.

• “the earlier year” means the year in which the sum is treated as received;

• “the later year” means the year in which the sum is received.

(2) The claim shall relate to the later year.

(3) Subject to sub-paragraph (4) below, the claim shall be for an amount equal to the difference between—

(a) the amount in which the person is chargeable to tax for the earlier year (“amount A”); and

(b) the amount in which he would be so chargeable on the assumption that effect could be, and were, given to the claim in relation to that year (“amount B”).

(4) Where effect has been given to one or more associated claims, amounts A and B above shall each be determined on the assumption that effect could have been, and had been, given to the associated claim or claims in relation to the earlier year.

(5) In computing amount B for the purposes of this paragraph, no further deduction or relief shall be made or given in respect of any loss or allowance deducted in pursuance of [F25 section 254 of ITTOIA 2005].

(6) Effect shall be given to the claim in relation to the later year by an increase in the amount of tax payable.

Textual Amendments

F23 Words in Sch. 1B para. 5(1) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(6)(a)(i) (with Sch. 2)

F24 Words in Sch. 1B para. 5(1) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(6)(a)(ii) (with Sch. 2)

F25 Words in Sch. 1B para. 5(5) substituted (with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 382(6)(b) (with Sch. 2)

Backward spreading of certain payments U.K.

F26 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F26 Sch. 1B para. 6 repealed (with effect in accordance with s. 71(3) of the amending Act) by Finance Act 2001 (c. 9), Sch. 33 Pt. 2(6)