r00lish67
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Post by r00lish67 on Oct 25, 2017 9:47:29 GMT
So, I'm in the throes of my 16/17 SA tax return. I'd like to check with you wise people whether my understanding of something is correct. The question is - where I've made capital losses on one platform that exceed the interest received on the same platform, what are the rules regarding carry forward? For example, let's say on one of my platforms I have received £200 interest but made a capital loss of £300. You can also assume that I invest in other platforms which are all profitable. Could I carry forward that capital loss of £300 into 17/18 if I chose? Or, would I be limited to relief of £100 (£300 loss -£200 gain)? Or, because of my profits on other platforms would I be obliged to recognise the full extent of the loss in 16/17? I think (unfortunately) it's the latter, but would be interested to know if others agree. The reason I think this is that the closest thing to official I can find is the SAIM manual 12000 from HMRC SAIM 12140 Relief allowed against interest received in later tax years www.gov.uk/government/uploads/system/uploads/attachment_data/file/597959/Income_tax_relief_for_irrecoverable_peer_to_peer_loans_FINAL_GUIDANCE__2_.pdfThe person who made the loan, or the person to whom the rights to recover the principal of the loan have been assigned, are both referred to here as simply as the Lender. The Lender can claim relief on peer to peer (P2P) loans that became irrecoverable on or after 6 April 2015, against interest received from loans made through P2P platforms in the 4 years following the year in which the debt became irrecoverable. This relief can only be claimed if the loss resulting from the irrecoverable loan cannot be used wholly against interest received through P2P platforms in the same year as the loan is treated as becoming irrecoverable.
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pom
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Post by pom on Oct 25, 2017 10:30:14 GMT
I don't think you have a choice, if you've any p2p income you have to use it against that, but so far mines all been absorbed within the same platform.
Edit: Perhaps the only exception might be if you're not earning enough p2p income to pay tax (in the same way as you only use CGT losses after you've already used your allowance)
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david42
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Post by david42 on Oct 25, 2017 11:38:58 GMT
You do have some flexibility in when a loan is treated as becoming irrecoverable. You do not have to accept the platforms decsion. You would need to be able to justify your decision that the loan(s) became irrecoverable a year later - but the wide range of default policies adopted by different platforms would be useful evidence to justify you making a different decision.
The simplest solution is to offset the loss against your gains on other platforms in the same year which saves worrying about carry forward. But I assume you have other reasons that mean you would prefer to delay using the loss.
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kermie
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Post by kermie on Oct 25, 2017 12:50:13 GMT
The SAIM guidance looks to me like it suffers a bit from revisionist complexity - at some point I think the intention was to only allow lenders to offset capital losses against interest from the same platform, but then I think the guidance later evolved to effectively allow lenders to offset capital losses against all P2P income, but they didn't do a great job of clearing up the old wordage.
In a nutshell, I believe you can effectively offset P2P capital losses (i.e. those loans deemed irrecoverable in that tax year) against any/all P2P income for that year, irrespective of which platform had the income/losses.
If after all that, you still have an overall P2P loss for that year, then I'm not sure what the carry forward rules are - I very much hope to not find myself in that situation, so I've not thought too hard about it!
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r00lish67
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Post by r00lish67 on Oct 25, 2017 13:48:49 GMT
Thanks all, that's very helpful. Thankfully I only have one account on one platform where it's an issue!
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duck
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Post by duck on Oct 25, 2017 14:54:47 GMT
Can I add my usual thought? Look at the implications in the 17/18 Tax Year if the loan(s) are fully recovered. If that happens the returned capital is treated as 'income' and large cash dumps can bring you into tax/take you up a tax band. When I was preparing my figures for 16/17 I made the decision not to claim for certain loans that were eligible for relief because I was satisfied that repayment would be made (3 already have) by doing this I have saved my 17/18 tax allowance. BTW I believe your interpretation to be correct r00lish67.... I am not an accountant, tax specialist blah blah blah
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Post by Deleted on Oct 25, 2017 15:18:52 GMT
Just push enough EIT to absorb the extra income...
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