Learning Outcomes
After studying this article, you will be able to identify and apply the main income tax reliefs and exemptions relevant to individuals and unincorporated businesses for SQE1. You will understand how trading losses can be relieved, when and how to use the Annual Investment Allowance, and the practical steps for claiming these reliefs. You will be able to distinguish between different relief mechanisms and select the most appropriate option in exam scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the main reliefs and exemptions available under the UK income tax regime, particularly as they apply to sole traders and partnerships. In your revision, focus on:
- The reliefs available for trading losses, including start-up loss relief, carry-back, and carry-forward relief
- The Annual Investment Allowance (AIA) and its application to capital expenditure
- The process for claiming reliefs and the statutory requirements for each
- The interaction between different reliefs and the practical considerations for choosing between them
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What are the main ways a sole trader can obtain relief for trading losses?
- How does the Annual Investment Allowance affect the calculation of taxable profits?
- When can trading losses be set against prior year income, and what are the time limits?
- What is the difference between carry-back and carry-forward relief for trading losses?
Introduction
Income tax reliefs and exemptions are essential for reducing tax liabilities and supporting business growth. For SQE1, you must be able to identify the main reliefs available to individuals and unincorporated businesses, understand the statutory requirements for each, and apply them to practical scenarios. This article covers the principal trading loss reliefs and the Annual Investment Allowance, with worked examples and key definitions.
Trading Loss Reliefs
Trading losses can arise when allowable business expenses and capital allowances exceed trading income in a tax year. The law provides several reliefs to mitigate the impact of these losses.
Key Term: trading loss
A negative amount arising when allowable business expenses and capital allowances exceed trading income in a tax year.
Start-Up Loss Relief (Early Trade Loss Relief)
A new sole trader or partner can claim to set off trading losses incurred in any of the first four tax years of trade against their total income for the current and/or previous three tax years. This is known as start-up loss relief or early trade loss relief.
Key Term: start-up loss relief
A relief allowing trading losses in the first four tax years to be set against total income of the current and previous three tax years.
Conditions for Start-Up Loss Relief
- The loss must arise in one of the first four tax years of the trade.
- The loss can be set against total income of the current tax year and then carried back to earlier years, using later years first.
- The claim must be made within the statutory time limit (usually by 31 January, one year after the end of the tax year in which the loss occurred).
Worked Example 1.1
Aisha starts a bakery business in 2022/23 and makes a trading loss of £15,000. She had employment income of £30,000 in 2021/22, £28,000 in 2020/21, and £25,000 in 2019/20. How can she relieve her loss?
Answer: Aisha can set the £15,000 loss against her 2022/23 income first. If not fully relieved, she can carry back the loss to 2021/22, then 2020/21, then 2019/20, using later years first.
Carry-Back Relief (Trade Loss Relief Against General Income)
Trading losses can be set against total income of the current tax year and/or the previous tax year. This is known as carry-back relief or trade loss relief against general income.
Key Term: carry-back relief
A relief allowing trading losses to be set against total income of the current and/or previous tax year.
Conditions for Carry-Back Relief
- The loss must arise from a trade carried on in the relevant tax year.
- The loss is set against total income of the current year first, then the previous year.
- The claim must be made within the statutory time limit.
Carry-Forward Relief
If trading losses cannot be fully relieved using the above methods, they can be carried forward indefinitely and set against future profits of the same trade.
Key Term: carry-forward relief
A relief allowing unrelieved trading losses to be set against future profits of the same trade.
Conditions for Carry-Forward Relief
- The loss must be carried forward to be set only against profits of the same trade.
- The trade must continue.
- The claim must be made within the statutory time limit.
Worked Example 1.2
Ben runs a consulting business. In 2021/22, he makes a trading loss of £10,000. He has no other income that year. In 2022/23, he makes a trading profit of £20,000. What can he do?
Answer: Ben can carry forward the £10,000 loss and set it against his 2022/23 trading profit, reducing his taxable profit to £10,000.
Exam Warning
For SQE1, be careful to distinguish between carry-back and carry-forward relief. Carry-back relief can reduce tax paid in the previous year, but only within strict time limits. Carry-forward relief is only against future profits of the same trade.
Annual Investment Allowance (AIA)
The Annual Investment Allowance provides immediate relief for qualifying capital expenditure on plant and machinery, up to a specified annual limit.
Key Term: Annual Investment Allowance (AIA)
A capital allowance allowing 100% deduction for qualifying expenditure on plant and machinery, up to an annual limit.
Conditions
- The AIA limit is currently £1 million per year (subject to change by statute).
- Most plant and machinery (except cars) qualifies.
- The allowance is claimed in the year of purchase.
- Any excess expenditure above the limit is eligible for writing down allowance at the standard rate.
Worked Example 1.3
Clara buys new equipment for her business in 2022/23 costing £120,000. What is her AIA claim?
Answer: Clara can claim the full £120,000 as AIA, reducing her taxable profits for 2022/23 by that amount.
Interaction of Reliefs and Practical Considerations
The choice of relief depends on the taxpayer's circumstances. Early trade loss relief and carry-back relief can generate immediate tax repayments, which may be important for cash flow. Carry-forward relief is useful if there is no other income to relieve in the current or previous years. The AIA can increase a trading loss, making more relief available.
Worked Example 1.4
Derek starts a business in 2022/23, incurring a trading loss of £30,000 after claiming AIA on equipment. He had employment income of £25,000 in 2021/22. What is the best use of his loss?
Answer: Derek can claim early trade loss relief, setting the £30,000 loss against his 2021/22 income, generating a tax repayment.
Revision Tip
Always check the time limits for making claims and the order in which losses must be set against income. For SQE1, be able to explain the practical steps for each relief.
Key Point Checklist
This article has covered the following key knowledge points:
- The main income tax reliefs for trading losses: start-up loss relief, carry-back, and carry-forward relief
- The Annual Investment Allowance and its application to capital expenditure
- The statutory requirements and time limits for claiming each relief
- The interaction between reliefs and practical considerations for choosing the best option
- The importance of accurate record-keeping and timely claims
Key Terms and Concepts
- trading loss
- start-up loss relief
- carry-back relief
- carry-forward relief
- Annual Investment Allowance (AIA)