Section 1264 — Corporation Tax Act 2009: Loss-making period in which some partners have profits

Loss-making period in which some partners have profits 1264 1 For any accounting period of a firm, if—

a the calculation under section 1259 in relation to a partner (“company A”) produces a loss, and b company A's share determined under section 1262 is a profit, company A's share of the loss of the trade is neither a profit nor a loss.

2 For any accounting period of a firm, if—

a the calculation under section 1259 in relation to company A produces a loss, b company A's share determined under section 1262 is a loss, and c the comparable amount for at least one other partner is a profit, company A's share of the loss of the trade is the amount produced by the formula in subsection (3).

3 The formula is— FL × PL PL + TCL where— FL is the amount of the firm's loss calculated under section 1259 in relation to company A, PL is the amount determined under section 1262 to be company A's loss, and TCL is the total of the comparable amounts attributed to other partners under Step 3 in subsection (4) that are losses.

4 The comparable amount for each partner other than company A is determined as follows. Step 1 Take the firm's loss calculated under section 1259 in relation to company A. Step 2 Determine in accordance with the firm's profit-sharing arrangements during the relevant accounting period the shares of that loss that are attributable to each of the other partners. Step 3 Each such share is the comparable amount for the partner to whom it is attributed.

5 In subsections (2) to (4) “ partner ” means any partner in the firm, whether or not within the charge to corporation tax.