Part 4Loss relief

Chapter 2Trade losses

Early trade losses relief

74Restrictions 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 F1... 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 F2tax year 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.