BIM75625 - Farming losses: five year rule


The loss incurred in a year of assessment is caught by ITA2007/S67 where a loss computed without regard to capital allowances is incurred in each of the five preceding years of assessment. The year of commencement is not counted for this purpose so, in the case of a new business which makes losses consistently, the loss of the seventh year of assessment is the first to be caught.

Example

Henry Green commenced trading as a farmer on 6 April 1997 and makes up his accounts annually to 5 April. His results were as follows:


Period of account

Case I profit or loss (excluding CA)

Capital allowances

Year ended 5.4.98

Loss £1600

 

Year ended 5.4.99

Loss £500

 

Year ended 5.4.00

Loss £1250

 

Year ended 5.4.01

Loss £3040

£1240

Year ended 5.4.02

Loss £4030

£930

Year ended 5.4.03

Loss £3600

£1400

Year ended 5.4.04

Loss £5750

£1050

Year ended 5.4.05

Loss £4750

£850

Year ended 5.4.06

Loss £5900

£700

Year ended 5.4.07

Profit £900

£1300

Year ended 5.4.08

Loss £7100

£1000

Year ended 5.4.09

Loss £8480

£880

Henry claimed relief under ITA2007/S64 (2)(a) , for all available years. Relief was available or restricted as follows:-


Year of assessment

Relief available

Explanation

1997-98

£1600

Relief is available on the full loss

1998-99

£500

Ditto

1999-00

£1250

Ditto

2000-01

£4280

ditto

2001-02

£4960

ditto

2002-03

£5000

Relief is available on the full loss. Although a loss was incurred in each of the five preceding years, 1997-98 is disregarded for the purpose of the five year test as it was the year of commencement

2003-04

Nil

A loss was incurred in each of the five preceding years, which do not include the year of commencement. Section 67 applies. Relief under Sections 64 is denied

2004-05

Nil

Section 67 still applies Relief under Section64 is denied

2005-06

Nil

Section 67 still applies. Relief under Sections 64 is denied

2006-07

Nil

Section 67 still applies. Relief under Sections 64 is denied

2007-08

£8100

There is a loss before capital allowances in this year but in the previous year of assessment Henry made a profit before capital allowances. The run of consecutive losses computed without regard to capital allowances is therefore broken. A new five year period of consecutive losses will need to be built up before Section 67 can bite again. Relief is available on the loss without restriction

2008-09

£9360

Relief is available on the full amount of the loss