For 1995-96 to 2004-05 the rules for IT Schedule A losses are in
ICTA88/S379A. Relief against general income is given under
subsection (3). Subsection (2) determines the circumstances in
which the relief is available, that is when there is a loss and
either net capital allowances, allowable agricultural expenses or
both.
For 2005-06 and 2006-07 ICTA88/S379A continues to apply but
references to Schedule A losses are replaced by references to
losses from a UK property business.
For 2007-08 onwards the IT property loss provisions are at
ITA07/S117 onwards. In particular ITA07/S120 to S124 provide for
property loss relief against general income.
The years against which a property loss may be set off are not the same as for a trade loss. Trade losses may be set against the income of the same year or the year before. Under ICTA88/S379A and ITA07/S120, however, the claim for property loss relief is against the income of the same year or the following year.
The general rule is that a taxpayer can’t set rental
business losses against the rest of their income. But they may be
able to do so where they have made a loss in their rental business
in a tax year and rental business capital allowances are due. In
this case they may make a claim to have some or all of the capital
allowances part of the loss set against their general income.
Special rules apply to furnished holiday lettings where
capital allowances are included in loss relief claims: see PIM4130.
A taxpayer can set the capital allowances part of the loss
against their general income of either:
Thus, a loss for 2003-04 attributable to capital allowances can
be set against either the taxpayer’s general income of
2003-04 or their general income of 2004-05.
The amount of loss relief available because of capital
allowances is restricted to the smallest of the following three
figures:
The taxpayer must make a claim to obtain sideways relief for
capital allowances against their total income.
Claims must be made within just under 22 months after the end
of the tax year in which the relief is to be given (by 31 January).
For example, suppose the relief is for 2003-04. Here the tax year
ends on 5 April 2004 and claims must be made by 31 January
2006.
Where the taxpayer has made a loss in their rental business in a
year of assessment and agricultural land forms part of their rental
business, they may make a claim to have the agricultural part of
the loss set against their general income. The agricultural part is
the expenditure claimed in their business accounts on maintenance,
repairs, insurance and management of the agricultural land. Note
that interest payable isn’t an agricultural expense.
The taxpayer can set the loss against their general income of
either:
Thus, a loss for 2004-05 attributable to agricultural land can
be set against either their general income for 2004-05 or their
general income of 2005-06.
The amount of loss relief available is restricted to the
smallest of the following three figures:
The sideways relief does not include uncommercial agricultural expenses. The expenses must be deductible in computing the loss and uncommercial expenses will only be deductible up to the amount of the income from the agricultural property ( PIM2220). Uncommercial losses arise where the terms of the letting are not based on those of the normal open market; for example, where the taxpayer agreed to charge a relative a nominal rent or a rent below the going rate for a similar kind of lease..
A taxpayer must make a claim to obtain this sideways relief
against their total income.
Claims must be made within just under 22 months after the end
of the tax year in which the relief is to be given (by 31 January).
For example, suppose the relief is for 2004-05. Here the tax year
ends on 5 April 2005 and the claims must be made by 31 January
2007.
For relief to be available in respect of agricultural expenses,
all that is required is that there is a rental business loss and
there are allowable agricultural expenses. The loss may not
necessarily arise from the agricultural land, as it would not if
the income from the agricultural land exceeded the expenses
relating to that land. The loss would then have arisen from other
parts of the rental business but relief would still be available.
Allowable agricultural expenses are defined by ICTA88/S379A
(8) - (10) and ITA07/S123. The definition is in terms of the
'maintenance, repairs, insurance or management' of the agricultural
estate.
'Agricultural estate' means land, including houses and other
buildings which is managed as one estate, and which consists of or
includes any agricultural land. 'Agricultural land' means land,
houses or other buildings in the UK occupied wholly or mainly for
the purposes of husbandry.
Where the estate includes non-agricultural land, expenses on
parts not used for husbandry should be excluded.
The expenses have to be those which are deductible in the
rental business computation in respect of the maintenance, repairs,
insurance and management of the estate. So an adjustment has to be
made for non-deductible expenses.
Interest is specifically excluded. Also, some allowable
rental business expenses do not come within the four headings of
maintenance, repairs, insurance and management, and so cannot be
relieved in this way. Examples would be rent or rates paid.
Michael has substantial professional income. He also lets a
number of properties including shops, factories and farms. All the
properties are let on open market terms. The income and expenses of
all the lettings are included in a single rental business.
During 2005-06 Michael incurs exceptional (but allowable)
revenue expenditure in relation to his letting business which
results in a rental business loss of £50,000.
The following items are included in arriving at the
£50,000 loss:
| Capital allowances | £28,000 |
| Balancing charge | £26,000 |
| Agricultural expenses | £30,000 |
Rental business losses cannot normally be relieved sideways
against non rental business income: they can only be carried
forward to set against later rental business profit. Michael is,
however, entitled to a net amount of capital allowances and to
agricultural expenses. He can claim under ICTA88/S379A (3) to set
these sideways, as a rental business loss, against general income
of 2005-06 and (if that year’s income is insufficient to
absorb them) general income of 2006-07.
If Michael has sufficient income he can therefore claim
relief for 2005-06 for losses of £32,000. This is:
The balance of the £50,000 loss (£18,000) is carried forward to set against future rental business profits, (ICTA88/S379A (3)(b)).
Brenda’s income for 2003-04 is:
| Schedule A profit | £1,000 |
| Other |
£10,000 |
| Total |
£11,000 |
At 6 April 2002 Brenda had rental business losses brought
forward from 2001-02 under ICTA88/S379A (1) of £5,000. She
makes a valid claim under ICTA88/S379A (3) to set a 2002-03 rental
business loss of £12,000 attributable to capital allowances
sideways against general income of 2003-04. Brenda could have
chosen to set her capital allowances against her 2002-03 general
income but did not do so.
ICTA88/S379A (6)(a) requires that the loss brought forward
under ICTA88/S379A (1) first be set against the rental business
profit before calculating relievable income (it was sustained
before the ICTA88/S379A (3) claim loss).
The loss brought forward covers the £1,000 rental
business profit for 2003-04 (the balance £4,000 is carried
forward) and relievable income for that year is therefore
£10,000.
The 2002-03 losses relieved against general income for
2003-04 are therefore restricted to £10,000 with the balance
of £2,000 (together with the unrelieved losses of £4,000
brought forward from 2001-02) carried forward.
Oliver has rental business losses attributable to capital allowances eligible for sideways relief claims as follows:
| 2003-04 | loss £20,000 |
| 2004-05 | loss £15,000 |
Suppose Oliver’s total income for 2004-05 is £25,000.
He makes sideways claims for relief for both years of loss against
2004-05 income, (ICTA88/S379A (3)).
To calculate the relievable income for 2004-05 for the
2004-05 loss, the 2003-04 loss (for which there is also a claim)
must be deducted first from the total income of 2004-05. The effect
of this is that the earlier loss is set off first, (ICTA88/S379A
(6)(b)).
In Oliver’s case the 2004-05 relievable income for the
2003-04 loss is £25,000 and for the 2004-05 loss is
£5,000. This is the 2004-05 income of £25,000 less the
2003-04 loss of £20,000. Oliver will get relief as
follows:
| 2004-05 total income | £25,000 |
| Less 2003-04 loss |
£20,000 |
| Balance of income left | £5,000 |
| Less 2004-05 loss |
£5,000 |
| Taxable | NIL |
The set off order ensures that the balance of the 2004-05 loss of £10,000 (£15,000 less £5,000) can be taken forwards and also, if Oliver wishes, sideways against general income of the following year under ICTA88/S379A (3).
Pamela’s rental business produces a loss for 2003-04 of £3,000. That loss includes:
Pamela’s relievable income for 2003-04 is £35,000.
Pamela claims sideways relief against general income for 2003-04,
(ICTA88/S379A (3)). Her net capital allowances are £7,000
(£10,000 less £3,000). Although the net capital
allowances are smaller than her relievable income it is greater
than her overall rental business loss of £3,000. Her relief is
therefore limited to £3,000, (ICTA88/S379A (4)).
The same restriction would have applied if the amount of net
capital allowances had, instead, been an amount of agricultural
expenses.
Guy’s rental business makes a loss of £30,000 in
2005-06 after taking into account capital allowances. For that year
Guy has net capital allowances (after deducting balancing charges)
of £35,000 for his rental business. The entire loss of
£30,000 is therefore eligible for sideways loss claims for
2005-06 and 2006-07, (ICTA88/S379A (3)).
Guy has no rental business losses brought forward under
ICTA88/S379A (1) at 6 April 2005. But Guy’s total relievable
income for the two years together is £20,000 and relief for
this amount only can be given sideways, (ICTA88/S379A (3)).
The balance of Guy’s 2005-06 loss (£10,000) can be
carried forward under and set against later rental business profits
but not against general income, (ICTA88/S379A (1)).
If Guy claims sideways relief, he will lose the benefit of
his personal allowances for 2005-06 and 2006-07. Guy needs to
consider all the consequences carefully before making a claim,
bearing in mind that he can’t claim part of the loss
sideways. For example, depending on the facts, it could pay Guy not
to claim sideways loss relief because his personal allowances could
then be set against his other income for 2005-06 and 2006-07 and
the amount of loss relief to go forward against future rental
business profits would be greater. A decision might need to take
into account both the total amount of relief available overall and
the cash flow advantages of early relief.
To make any of these loss claims, a taxpayer should tell their tax office in writing that:
They must make a claim within the time limits set out above, and
relief for each £1 of loss can only be allowed once.
Under SA the claim should be accompanied by the appropriate
amendment to the taxpayer's self assessment (SALF603). Where a
claim is subject to enquiry the action required to give effect to
the claim need not be taken until that enquiry is complete.
However, the officer making the enquiry has the discretion to give
effect to the claim, in whole or in part, on a provisional basis
(SALF607).
