Part 4Loss relief

Chapter 4Losses from property businesses

Property loss relief against general income

120Deduction of property losses from general income

1

A person may make a claim for property loss relief against general income if—

a

in a tax year (“the loss-making year”) the person makes a loss in a UK property business or overseas property business (whether carried on alone or in partnership), and

b

the loss has a capital allowances connection or the business has a relevant agricultural connection.

2

The claim is for the applicable amount of the loss to be deducted in calculating the person's net income—

a

for the loss-making year, or

b

for the next tax year.

(See Step 2 of the calculation in section 23.)

3

The claim must specify the tax year for which the deduction is to be made.

4

But if the applicable amount of the loss is not deducted in full in giving effect to a claim for the specified tax year, the person may make a separate claim for property loss relief against general income for the other tax year.

5

For this purpose “the other tax year” means the tax year which was not specified in the claim already made, but which could have been specified.

6

This section needs to be read with—

a

section 121 (how relief works),

b

section 122 (meaning of “the applicable amount of the loss”),

c

section 123 (meaning of “the loss has a capital allowances connection” and “the business has a relevant agricultural connection”), and

d

section 124 (supplementary).

F27

See also section 127A (no relief for tax-generated losses attributable to annual investment allowance) F3and section 127B (no relief for tax-generated agricultural expenses)F1and section 127BA (restriction of relief: cash basis).