Part 4Loss relief

Chapter 4Losses from property businesses

Property loss relief against general income

123Meaning of “the loss has a capital allowances connection” and “the business has a relevant agricultural connection”

1

This section applies for the purposes of sections 120 and 122.

2

The loss has a capital allowances connection if, in calculating the loss—

a

the amount of the capital allowances treated as expenses of the business, exceeds

b

the amount of any charges under CAA 2001 treated as receipts of the business.

3

The business has a relevant agricultural connection if—

a

the business is carried on in relation to land that consists of or includes an agricultural estate, and

b

allowable agricultural expenses deducted in calculating the loss are attributable to the estate.

4

Agricultural estate” means land—

a

which is managed as one estate, and

b

which consists of or includes land occupied wholly or mainly for purposes of husbandry.

5

Allowable agricultural expenses”, in relation to an agricultural estate, means any expenses attributable to the estate which are deductible—

a

in respect of maintenance, repairs, insurance or management of the estate, and

b

otherwise than in respect of interest payable on a loan.

6

But expenses attributable to the parts of the estate used wholly for purposes other than those of husbandry are to be ignored.

7

And if parts of the estate are used both—

a

for purposes of husbandry, and

b

for other purposes,

the expenses in respect of those parts are to be reduced so far as those parts are used for the other purposes.