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Change year: 2010

Section 485F Carry forward of excess relief

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Amendments

Section 485F inserted by Finance Act 2006 section 17(1) for 2007 and later tax years.

(1) Where in any tax year section 485E applies to an individual, the excess relief shall be carried forward to the next tax year and, subject to sections 485E and 485G(2)(a)(iii), the individual shall, in computing the amount of his or her taxable income before the application of section 485E in that next tax year, be entitled to a deduction from his or her total income of an amount equal to the amount of the excess relief.

If I am caught by the high earner restriction, can any excess be carried forward for use in the next tax year?

(1) Yes.

(2) If and so far as an amount equal to the excess relief once carried forward to a tax year under subsection (1) is not deducted or is not fully deducted from the individual's total income for that year, the amount or the balance of the amount not deducted under subsection (1) shall be carried forward again to the next following tax year and, subject to section 485E, the individual shall, in that next following tax year, in computing the amount of his or her taxable income before the application of section 485E in that next following year, be entitled to a deduction from his or her total income of an amount equal to the amount so carried forward and so on for each succeeding tax year until the full amount of the excess relief has been deducted from the individual's total income for the tax years concerned.

Can carried forward relief be carried forward again?

(2) If carried forward relief is not used in the next tax year, it is carried forward to the following tax year, and so on for each year until it is used up.

(3) Where subsection (1) or (2) applies for any tax year, relief shall be given to the individual for the tax year in the following order-

(a) in the first instance, in respect of any other tax relief apart from the relief provided for by this section,

(b) only thereafter, in respect of an amount carried forward from an earlier year in accordance with subsection (1) or (2), and in respect of such an amount carried forward from an earlier tax year in priority to a later tax year.

In what order is relief given where it is carried forward under the high earner restriction?

(3) Where relief has been carried forward under (1) or (2):...

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