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Home / Simons-Taxes /Business tax /Part B7 Partnerships /Division B7.5 Taxation of partnership income and gains /Partnership losses / B7.522A Utilisation of partnership trade losses—£25,000 overall cap for non-corporate partners
Commentary

B7.522A Utilisation of partnership trade losses—£25,000 overall cap for non-corporate partners

Business tax

Of key importance in quantifying losses available to partners is establishing whether a 'partnership' loss can actually be utilised by the partners concerned. This is because, once a partnership loss has been allocated to a partner, there are several provisions that operate to restrict 'sideways' loss relief, the main one being by reference to capital contribution of the partner — see B7.522.

Once the restriction by reference to capital contribution has been applied, there is a further limit (in the form of an overall cap) to sideways and capital gains relief1. This cap is currently set at £25,000 and applies to limited and non-active partners (as defined in B7.522). The limit does not applt to corporate partners. This amount may be modified by regulations2.

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