Part 13Tax avoidance

Chapter 5Avoidance involving trading losses

Individuals claiming relief for film-related trading losses

800Meaning of “film-related losses” etc

(1)This section applies for the purposes of sections 797, 801 and 802.

(2)A loss is a “film-related loss” if the calculation of profits or losses that it results from is made in accordance with any provision of Chapter 9 of Part 2 of ITTOIA 2005.

(3)“The individual’s claimed film-related losses” means—

(a)the total amount of film-related losses made by the individual in the trade so far as they are losses for which the individual has made a relevant claim, less

(b)the amount of any relevant recovered relief.

(4)“The amount of any relevant recovered relief” means—

(a)amount A, or

(b)if less, amount B.

(5)Amount A is the total amount of income treated as received by the individual under section 792 (recovery of excess relief) as a result of the application of that section in relation to claims for relief for losses made by the individual in the trade.

(6)Amount B is the total amount of film-related losses within subsection (7) for which the individual has made a relevant claim.

(7)A loss is within this subsection if it is made by the individual in the trade—

(a)in a tax year at a time during which the individual carries on the trade as a member of an LLP or as a limited partner, or

(b)in an early tax year during which the individual carries on the trade as a non-active partner.

(8)Expressions used in subsection (7) are to be read as if contained in Chapter 3 of Part 4.

(9)Subsection (10) applies if—

(a)the individual has made a relevant claim for a film-related loss made in the trade as a partner in a firm, and

(b)the firm is carrying on, or has carried on, more than one trade.

(10)For the purpose of determining the individual’s claimed film-related losses—

(a)apply subsection (3)(a) in relation to each of the trades and then add the results together,

(b)apply subsection (5) as if the reference to the trade were a reference to any of the trades, and

(c)apply subsections (6) and (7) in relation to each of the trades and then add the results together.