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PART IVU.K. PROVISIONS RELATING TO THE SCHEDULE D CHARGE

CHAPTER VIIU.K. PARTNERSHIPS AND SUCCESSIONS

[F1Limited liability partnershipsU.K.

Textual Amendments

118ZD Carry forward of unrelieved losses.U.K.

(1)Where amounts relating to a trade carried on by a member of a limited liability partnership are, in any one or more [F2accounting periods], prevented from being given or allowed by section F3. . . 118 as it applies otherwise than by virtue of this section ([F4the member's]“total unrelieved loss”), subsection (2) applies in each subsequent [F5accounting period] in which—

(a)[F6the member] carries on the trade as a member of the limited liability partnership, and

(b)any of [F4the member's] total unrelieved loss remains outstanding.

(2)[F7Sections 393A(1) and 403 (and section 118 as it applies] in relation to those sections) shall have effect in the subsequent [F8accounting period] as if—

(a)any loss sustained or incurred by the member in the trade in that [F8accounting period] were increased by an amount equal to so much of [F9the member's] total unrelieved loss as remains outstanding in that period, or

(b)(if no loss is so sustained or incurred) a loss of that amount were so sustained or incurred.

(3)To ascertain whether any (and, if so, how much) of a member’s total unrelieved loss remains outstanding in the subsequent [F10accounting period], deduct from the amount of [F11the member's] total unrelieved loss the aggregate of—

(a)any relief given under any provision of [F12the Corporation Tax Acts] (otherwise than as a result of subsection (2)) in respect of [F11the member's] total unrelieved loss in that or any previous [F10accounting period], and

(b)any amount given or allowed in respect of [F11the member's] total unrelieved loss as a result of subsection (2) in any previous [F10accounting period] (or which would have been so given or allowed had a claim been made).]

Textual Amendments

F2Words in s. 118ZD(1) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(2)(a) (with Sch. 2)

F3Words in s. 118ZD(1) repealed (6.4.2007 with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(2)(b), Sch. 3 Pt. 1 (with Sch. 2)

F4Words in s. 118ZD(1) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(2)(c) (with Sch. 2)

F5Words in s. 118ZD(1) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(2)(d) (with Sch. 2)

F6Words in s. 118ZD(1)(a) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(2)(e) (with Sch. 2)

F7Words in s. 118ZD(2) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(3)(a) (with Sch. 2)

F8Words in s. 118ZD(2) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(3)(b) (with Sch. 2)

F9Words in s. 118ZD(2)(a) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(3)(c) (with Sch. 2)

F10Words in s. 118ZD(3) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(4)(a) (with Sch. 2)

F11Words in s. 118ZD(3) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(4)(b) (with Sch. 2)

F12Words in s. 118ZD(3)(a) substituted (6.4.2007 with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), Sch. 1 para. 17(4)(c) (with Sch. 2)