Income Tax Act 2007

Early trade losses relief

72 Relief for individuals for losses in first 4 years of trade

(1) An individual may make a claim for early trade losses relief if the individual makes a loss in a trade—

(a) in the tax year in which the trade is first carried on by the individual, or

(b) in any of the next 3 tax years.

(2) The claim is for the loss to be deducted in calculating the individual’s net income for the 3 tax years before the one in which the loss is made (see Step 2 of the calculation in section 23).

(3) The claim must be made on or before the first anniversary of the normal self-assessment filing date for the tax year in which the loss is made.

(4) This section applies to professions and vocations as it applies to trades.

(5) This section needs to be read with—

(a) section 73 (how relief works),

(b) section 74 (restrictions on the relief),

(c) sections 75 to 79 (restrictions on the relief and trade loss relief against general income in relation to capital allowances),

(d) section 80 (restrictions on those reliefs in relation to ring fence income),

(e) section 81 (restrictions on those reliefs in relation to dealings in commodity futures), and

(f) section 734 of ICTA (restrictions on those reliefs in relation to bond-washing).

73 How relief works

This section explains how the deductions are made for the 3 tax years mentioned in section 72(2).

The amount of the loss to be deducted at any step is limited in accordance with section 25(4) and (5).

• Step 1

  Deduct the loss in calculating the individual’s net income for the earliest of the 3 tax years.

• Step 2

  Deduct any part of the loss not deducted at Step 1 in calculating the individual’s net income for the next tax year.

• Step 3

  Deduct any part of the loss not deducted at Step 1 or 2 in calculating the individual’s net income for the latest of the 3 tax years.

• Other claims

  If the loss has not been deducted in full at Steps 1 to 3, the individual may use the part not so deducted in giving effect to any other relief under this Chapter (depending on the terms of the relief).

74 Restrictions on relief unless trade is commercial etc

(1) Early trade losses relief for a loss made by an individual in a trade in a tax year is not available unless the trade is commercial.

(2) The trade is commercial if it is carried on throughout the basis period for the tax year—

(a) on a commercial basis, and

(b) in such a way that profits of the trade could reasonably be expected to be made in the basis period or within a reasonable time afterwards.

(3) If the trade forms part of a larger undertaking, the reference to profits of the trade is to be read as a reference to profits of the undertaking as a whole.

(4) Early trade losses relief for a loss made by an individual is not available if—

(a) the individual first carries on the trade at a time when the individual has a spouse or civil partner and is living with the spouse or civil partner,

(b) the spouse or civil partner previously carried on the trade, and

(c) the loss is made in a tax year falling after the relevant 4 year period.

(5) The relevant 4 year period comprises—

(a) the tax year in which the spouse or civil partner first carried on the trade, and

(b) the next 3 tax years.

(6) This section applies to professions and vocations as it applies to trades.