Finance Act, 1992

Treatment of losses, etc.

78.—(1) Notwithstanding the provisions of section 307 of the Income Tax Act, 1967 , and section 16 (2) of the Corporation Tax Act, 1976

(a) as respects a loss incurred by a person in a petroleum trade, relief shall not be given—

(i) under the said section 307, against any income other than income arising from petroleum activities, or

(ii) under the said section 16 (2), against any profits other than petroleum profits,

and

(b) relief shall not be given—

(i) under the said section 307, against income arising from petroleum activities, or

(ii) under the said section 16 (2), against petroleum profits,

as respects any loss, other than a loss incurred in a petroleum or a mining trade, incurred by a person.

(2) Notwithstanding section 310 of the Income Tax Act, 1967 , and section 19 (1) of the Corporation Tax Act, 1976 , the amount of any income of a person which is within the charge to tax under Case IV of Schedule D, and which is income arising from petroleum activities, shall not be reduced by the amount of any loss which can be relieved under the said section 310 or the said section 19 (1), other than a loss incurred in petroleum activities; and the amount of any loss so incurred shall not be treated under either of those sections as reducing the amount of any income other than income arising from petroleum activities.

(3) Notwithstanding the proviso to subsection (1) of section 296 of the Income Tax Act, 1967 , and section 14 (6) of the Corporation Tax Act, 1976 , a capital allowance which is to be given by discharge or repayment of tax, or in charging income under Case V of Schedule D, shall not to any extent be given effect—

(a) under the said section 296, against income arising from petroleum activities, or

(b) under the said section 14 (6), against petroleum profits.