Income Tax Act 2007 section 114

Power to exclude other amounts

Section 114 gives HMRC the power to make regulations that exclude certain amounts from the calculation of a partner's contribution to a firm or LLP for the purposes of trade loss relief restrictions.

  • HMRC may make regulations specifying amounts to be excluded when calculating a partner's contribution to a firm (for limited partners and non-active partners) or to an LLP
  • Such regulations may have retrospective effect and may differ for different cases or purposes
  • The regulations can go as far as amending or repealing provisions in any Act passed before Finance Act 2005, including Acts of the Scottish Parliament and Northern Ireland legislation
  • Any regulations under this section must be approved by the House of Commons through the affirmative resolution procedure before they can take effect

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