For the purposes of section 261D "the maximum amount" is the amount on which the person would be chargeable to capital gains tax for the year of assessment if the following were ignored.
The matters to be ignored are—
any allowable losses falling to be carried forward to that year from a previous year for the purposes of section 1(3),
section 1K(1) (annual exempt amount), and
any relief under section 261B or 261D.