BIM72310 - Partnerships: Computation & assessment: Other Income: Overlap Relief

The ‘second deemed trade’ only determines the basis of assessment for shares of untaxed income. Therefore, in the absence of any rule to the contrary, each source of untaxed income would have an associated overlap profit that could only be relieved by set off against income from that same source.

But ICTA88/S111 (8)(e) and ICTA88/S111 (9) provide that any excess overlap relief is to be effectively pooled and set off against other income. You make the set off in the following order

  1. First, set off the excess overlap relief against any share of untaxed income regardless of source.
  2. Second, if there is insufficient untaxed income to absorb the relief, give the balance as a deduction against any other income for the year.