Page:Limited Partnerships Act 2008.pdf/39

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40
NO. 37 OF 2008


First column Second column
(d) in the case of a carry-back deduction allowed to or transferred by him, an amount equal to the amount ascertained in accordance with the formula
A – B – C – D – E,
where A is his contributed capital in that year of assessment;
B is the past relevant deductions already allowed to him;
C is the relevant deduction allowed to him in that year of assessment under section 35(2);
D is the relevant deduction allowed to him in that year of assessment under section 37(3)(a); and
E is the transferred deduction transferred by him in that year of assessment.
(4) If, as a result of any reduction in the contributed capital of a limited partner of a limited partnership in any year of assessment, the past relevant deductions already allowed to him exceeds his contributed capital, the excess shall be deemed to be income of the limited partner chargeable with tax under section 10(1)(g) for that year of assessment, and an amount equal to the excess shall be deemed to be a loss incurred by him in the trade, business, profession or vocation of the limited partnership.
(5) Subsections (3) and (4) shall not apply in the year of assessment relating to the basis period in which the limited partner ceases to be a limited partner of a limited partnership or in any subsequent year of assessment.