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Sideways Loss Relief Denied As Trades Were Not Commercial

By Mark McLaughlin, March 2015
An individual was not entitled to claim trading loss relief against his general income, as the trades were not carried on on a commercial basis, and were not carried on with a view to the realisation of profits.
 
The appellant started a trade in 2004 of supplying ingredients and running cookery workshops (‘Silver Spice’). In 2007, he started a separate trade, selling art and photographic images of Indian culture (‘Art Sutra’). The appellant conducted both trades as a sole trader, alongside his full-time employment as a psychiatric social worker.

The First-tier Tribunal (FTT) had to consider whether the appellant was entitled to set off losses in either trade against his employment income in the tax years 2006/07 to 2009/10 (under ICTA 1988, s 380 and ITA 2007, s 64). HM Revenue and Customs (HMRC) contended that he was not entitled to the loss relief, because the trades were either not carried on on a
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