Part 4Loss relief

Chapter 2Trade losses

Restrictions on sideways relief for certain capital allowances

C175Trade leasing allowances given to individuals

1

Sideways relief is not available to an individual for so much of a loss as derives from a trade leasing allowance unless the individual meets the time commitment test.

2

A trade leasing allowance is an allowance made under Part 2 of CAA 2001 in respect of—

a

expenditure incurred on the provision of plant or machinery for leasing in the course of a trade, or

b

expenditure incurred on the provision for the purposes of a trade of an asset which is not to be leased but which is fee-producing.

3

An asset is fee-producing if payments in the nature of—

a

royalties, or

b

licence fees,

are to arise from rights granted by the individual in connection with the asset.

4

To meet the time commitment test conditions A and B must be met.

5

Condition A is that the individual must carry on the trade for a continuous period of at least 6 months beginning or ending in the basis period for the tax year in which the loss was made (“the loss-making basis period”).

6

Condition B is that substantially the whole of the individual's time must be given to carrying on the trade—

a

for a continuous period of at least 6 months beginning or ending in the loss-making basis period (if the individual starts or permanently ceases to carry on the trade in the tax year (or does both)), or

b

throughout the loss-making basis period (in any other case).

C176First-year allowances F1and annual investment allowances: introduction

Sideways relief is not available to an individual for so much of a loss as derives from F3an annual investment allowance or a first-year allowance under Part 2 of CAA 2001 if either section 77 or 78 applies.

C177First-year allowances: partnerships with companies

1

This section applies if—

a

the first-year allowance is in respect of expenditure incurred at any time on the provision of plant or machinery for leasing in the course of a qualifying activity, and

b

either the qualifying activity was at that time carried on by the individual in partnership with a company or arrangements have been made with a view to the activity being so carried on.

2

It does not matter—

a

if the firm includes other partners, or

b

when the arrangements were made.

3

For the purposes of this section—

a

letting a ship on charter is treated as leasing the ship, and

b

references to making arrangements include effecting schemes.

C178First-year allowances F2and annual investment allowances: arrangements to reduce tax liabilities

1

This section applies if—

a

the F4annual investment allowance or first-year allowance is made in connection with a relevant qualifying activity or a relevant asset (see subsections (2) and (3)), and

b

arrangements within subsection (4) have been made.

2

A qualifying activity is a relevant one if—

a

at the time when the expenditure was incurred, the activity was carried on by the individual as a partner in a firm, or

b

at a later time, it has been carried on by the individual as a partner in a firm or transferred to a person connected with the individual.

3

An asset is a relevant one if, after the time when the expenditure was incurred, the asset was transferred by the individual—

a

to a person connected with the individual, or

b

to a person at a price lower than its market value.

4

Arrangements are within this subsection if as a result of them—

a

the sole benefit, or

b

the main benefit,

that might be expected to arise to the individual from the transaction under which the expenditure was incurred is the obtaining of a reduction in tax liability by means of sideways relief.

5

It does not matter when the arrangements were made.

6

References to making arrangements include effecting schemes.

C179Capital allowances restrictions: supplementary

1

If relief is given in a case to which section 75 or 76 applies, the relief is withdrawn by the making of an assessment to income tax under this section.

2

Expressions which are used—

a

in any of sections 75 to 78, and

b

in Part 2 of CAA 2001,

have the same meaning in those sections as in that Part.