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Capital Allowances Act 2001

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Changes over time for: Cross Heading: Incurring a loss in carrying on a qualifying activity

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Version Superseded: 19/07/2011

Status:

Point in time view as at 01/04/2010.

Changes to legislation:

There are currently no known outstanding effects for the Capital Allowances Act 2001, Cross Heading: Incurring a loss in carrying on a qualifying activity. Help about Changes to Legislation

[F1Incurring a loss in carrying on a qualifying activityU.K.

Textual Amendments

F1Sch. A1 inserted (with effect in accordance with Sch. 25 para. 9 of the amending Act) by Finance Act 2008 (c. 9), Sch. 25 para. 5

4U.K.Paragraphs 5 to 9 apply for the interpretation of paragraph 1(2)(b).

5(1)This paragraph applies where the qualifying activity is a [F2UK property business] other than a furnished holiday lettings business and paragraph 7 does not apply.U.K.

(2)References in this Schedule to a loss incurred in carrying on the qualifying activity are to a loss incurred in carrying on that part of the business (if any) to which [F3sections 62 and 63 of CTA 2010 (UK property business losses) apply (see section 64 of that Act)].

Textual Amendments

F2Words in Sch. A1 para. 5(1) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 521(2)(a) (with Sch. 2 Pts. 1, 2)

F3Words in Sch. A1 para. 5(2) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 364(3) (with Sch. 2)

6(1)This paragraph applies where the qualifying activity is an overseas property business and paragraph 7 does not apply.U.K.

(2)References in this Schedule to a loss incurred in carrying on the qualifying activity are to a loss incurred in carrying on that part of the business (if any) to which [F4section 66 of CTA 2010] (losses from overseas property business) applies [F5(see section 67 of that Act)].

Textual Amendments

F4Words in Sch. A1 para. 6(2) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 364(4)(a) (with Sch. 2)

F5Words in Sch. A1 para. 6(2) inserted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 364(4)(b) (with Sch. 2)

7(1)This paragraph applies where—U.K.

(a)the qualifying activity is a [F6UK property business] or an overseas property business, and

(b)the company is an insurance company.

(2)References in this Schedule to a loss incurred in carrying on the qualifying activity are to a loss which is treated under section 432AB(3) of ICTA, for the purposes of section 76 of that Act, as expenses payable which fall to be brought into account at Step 3 of subsection (7) of that section.

(3)Where the insurance company is treated under section 432AA of that Act as carrying on more than one [F7UK property business] or overseas property business, references in this Schedule to a loss incurred in carrying on the qualifying activity are to be construed in accordance with section 432AB(4) of that Act (aggregation of losses).

Textual Amendments

F6Words in Sch. A1 para. 7(1)(a) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 521(3)(a) (with Sch. 2 Pts. 1, 2)

F7Words in Sch. A1 para. 7(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 521(3)(b) (with Sch. 2 Pts. 1, 2)

8(1)This paragraph applies where the qualifying activity is managing the investments of a company with investment business.U.K.

(2)The company incurs a loss in carrying on that activity in a chargeable period if in that chargeable period—

[F8(a)the sum of the amounts mentioned in section 1223(2) of CTA 2009, exceeds]

(b)the amount of the profits from which those expenses and charges are deductible,

and the amount of the loss is the amount of the excess.

Textual Amendments

F8Sch. A1 para. 8(2)(a) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 521(4) (with Sch. 2 Pts. 1, 2)

9(1)This paragraph applies where the qualifying activity is life assurance business and the profits of that business are charged to tax under the I minus E basis.U.K.

(2)The company incurs a loss in a chargeable period if in that chargeable period an amount falls to be carried forward to a succeeding chargeable period under section 76(12) of ICTA (carrying forward unrelieved expenses).

(3)The amount of the loss is the amount which falls to be so carried forward.]

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