(1)M1Subject to the provisions of this section, where under section 350 a person has been assessed to income tax in respect of a payment made wholly and exclusively for the purposes of a trade, profession or vocation, the amount on which tax has been paid under that assessment shall be treated for the purposes of sections 385 and 386 as though it were a loss sustained in that trade, profession or vocation, and relief in respect of the loss shall be allowed accordingly.
(2)Relief shall not be allowed by virtue of this section in respect of any payment, or part of a payment, which is not ultimately borne by the person assessed, or which is charged to capital.
(3)This section shall not apply—
(a)M2to any payment falling within section 349(2);
(b)M3to any payment falling within section 349 by virtue of section 43(1);
(c)to any such payment of rent as is referred to in section 120(4);
(d)to any capital sum paid in respect of any patent rights assessed under section 349(1) by virtue of section 524;
(e)to any payment of, or on account of, copyright royalties to which section 536 applies [F1or royalties in respect of a right in a design to which section 537B applies]; or
(f)to any payment to which section 349(1) applies by virtue of section 737.
Textual Amendments
F1Sch.7 para.36(4) Copyright, Designs and Patents Act 1988 (c.48)from 1August 1989. (Commencement order—S.I. 1989 No.816—not reproduced.)
Marginal Citations
M1Source—1970 s.173(1), (2)
M2Source—1970 s.173(3)(aa); 1970(F) Sch.4 9(6)
M3Source—1970 s.173(3)(a)-(c)