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AI Summary of 305. Income tax: manner of granting, and effect of, allowances made by means of discharge or repayment of tax.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 March 2016 - onwards
Version 7 of 7

305. Income tax: manner of granting, and effect of, allowances made by means of discharge or repayment of tax.

(1)

(a) Where under this Part an allowance is to be made to a person for any year of assessment which is to be given by means of discharge or repayment of tax or in charging income under Case V of Schedule D, and is to be available or available primarily against a specified class of income, the amount of the allowance shall be deducted from or set off against the person's income of that class for that year of assessment and, if the amount to be allowed is greater than the amount of the person's income of that class for that year of assessment, the balance shall be deducted from or set off against the person's income of that class for the next year of assessment, and so on for subsequent years of assessment, and tax shall be discharged or repaid accordingly.

(b)

(i) Notwithstanding paragraph (a), where an allowance referred to in that paragraph is available primarily against income of the specified class and the amount of the allowance is greater than the amount of the person's income of that class for the first-mentioned year of assessment (after deducting or setting off any allowances for earlier years), then the person may, by notice in writing given to the inspector not later than 2 years after the end of the year of assessment, elect that the excess shall be deducted from or set off -

(I) in the case of an individual -

(A) against the individual's other income for that year of assessment,