Part IIIIncome Tax, Corporation Tax and Capital Gains Tax

Management: self-assessment etc.

113Allowable losses: capital gains tax

1

After subsection (2) of section 16 of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 (computation of losses) there shall be inserted the following subsection—

2A

A loss accruing to a person in a year of assessment shall not be an allowable loss for the purposes of this Act unless, in relation to that year, he gives a notice to an officer of the Board quantifying the amount of that loss; and sections 42 and 43 of the Management Act shall apply in relation to such a notice as if it were a claim for relief.

2

Deductions under that Act in respect of allowable losses shall be given preference as follows—

a

a deduction in respect of a loss accruing to a person in the year 1996-97 or a subsequent year of assessment shall be preferred to a deduction in respect of a loss accruing to him in an earlier year of assessment; and

b

a deduction in respect of a loss accruing to a company in an accounting period ending on or after the appointed day for the purposes of Chapter III of Part IV of the [1994 c. 9.] Finance Act 1994 shall be preferred to a deduction in respect of a loss accruing to the company in an accounting period ending before that day.