INTM165240 - UK residents with foreign income or gains: income tax: Losses - examples

Example 1

A UK resident carries on a trade in the UK and in a foreign country through a branch. The trading results are as follows

- £ -
Year to 31 March 2010 - -
UK profits 20,000 -
Foreign branch profits 8,000 (before foreign tax 2,200)
Total profits taxable - -
Case 1 28,000 -
Year to 31 March 2011 - -
UK profits 6,000 -
Foreign branch loss (10,000) -
Net loss (4,000) -

The loss is claimed under ITA2007/S64 to be set against the profits of the year ended 31 March 2010. The final liability for that year is:

- £
Case I profits 28,000
Less Section 64 loss (4,000)
- 24,000
Less personal allowance (6,475)
- 17,525
Tax on 17,525 at 20% 3,505.00
Less foreign tax credit relief (see below) (1,600.00)
Tax payable 1,905.00

The tax credit relief on the foreign branch profits (such profits being treated as from a separate source for this purpose) are computed as follows:

- £ £
Case I profits 28,000 -
Less Section 64 loss (4,000) -
Total income 24,000 -
Tax on 24,000 as above - 3,505.00(a)
Total income as above 24,000 -
Less foreign branch profits (8,000) -
- 16,000 -
Less Personal allowance (6,475) -
- 9,525 -
Tax on 9,525 at 20% - 1,905(b)
Tax at marginal rate on foreign branch profits (a)-(b) - 1,600.00

As tax at the marginal rate (1,600) is less than the foreign tax (2,200) credit is restricted to 1,600.

Example 2

A UK resident has income from property in three different countries:

- Country A Country B Country C Total
Income 6,000 4,000 6,000 -
Expenses 1,000 6,000 4,000 -
Profit (loss) 5,000 (2,000) 2,000 5,000

The following amounts of foreign tax have been paid:

- Rate of Foreign Tax Tax Paid  
Country A 5,000 10% 500
Country B Nil - -
Country C 2,000 30% 600
Total Foreign Tax - - 1,100

Assuming that all of the income is wholly chargeable at 20%, the Income Tax due will be as follows:

Country A

£5,000 at 20% = £1,000

All the losses that arose in Country B are allocated to Country A as that has suffered the lowest rate of foreign tax:

Profit £5,000 less Losses £2,000 = Net £3,000 at 20% = £600

All of the foreign tax paid of £500 is available for foreign tax credit relief.

Country C

£2,000 at 20% = £400

Although foreign tax of £600 has been paid, the amount available for foreign tax credit relief is limited to the amount of UK tax charged on the same income, that is £400.

Summary

Income Tax due £600 + £400 = £1,000

Foreign tax credit relief £500 + £400 = £900

Net UK tax payable = £100