Section 85 — Income Tax Act 2007: Use of trade-related interest and dividends if trade profits insufficient

Use of trade-related interest and dividends if trade profits insufficient 85 1 This section applies if carry-forward trade loss relief cannot be fully given in relation to the profits of a trade of a tax year because (apart from this section) there are no profits, or insufficient profits, of the trade of the tax year.

2 For the purposes of the relief any interest or dividends for the tax year that relate to the trade are treated as profits of the trade of the tax year.

3 Interest or dividends for the tax year relate to the trade if they—

a arise in the tax year, and b would be brought into account in calculating the profits of the trade but for the fact that they have been subjected to tax under other provisions of the Income Tax Acts.