Income Tax (Trading and Other Income) Act 2005

872Losses calculated on same basis as miscellaneous incomeU.K.
This section has no associated Explanatory Notes

(1)The same rules apply for income tax purposes in calculating miscellaneous losses as apply in calculating corresponding miscellaneous income.

(2)This is subject to any express provision to the contrary.

(3)In this section—

(a)miscellaneous income” means profits or other income charged to income tax under or by virtue of a provision to which [F1section 1016 of ITA 2007] applies, and

(b)miscellaneous losses” means losses arising from a transaction which is of such a nature that, if profits or other income had arisen from it, the income would have been charged to income tax under or by virtue of such a provision.

(4)Provision corresponding to that made by this section is made by—

(a)section 26 (in relation to trades, professions and vocations), and

(b)[F2sections 272 and 272ZA] (in relation to property businesses).

Textual Amendments

F1Words in s. 872(3)(a) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 582 (with transitional provisions and savings in Sch. 2)

F2Words in s. 872(4)(b) substituted (16.11.2017) (with effect in accordance with Sch. 2 para. 64 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 2 para. 40