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Explanatory Notes to Income Tax (Trading and Other Income) Act 2005
2005 Chapter 5 |
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© Crown Copyright 2005 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced free of charge provided that they are reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of these Explanatory Notes does not extend to the Queen's Printer imprints which should be removed from any copies of the Explanatory Notes which are issued or made available to the public. This includes reproduction of the Notes on the internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this internet version of the Explanatory Notes which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text in printed form and as published by The Stationery Office Limited as the Income Tax (Trading and Other Income) Act 2005, ISBN 0105605050. The print version may be purchased by clicking here. Braille copies of the Explanatory Notes can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
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These notes refer to the Income Tax (Trading and Other Income) Act 2005 (c.5) which received Royal Assent on 24 March 2005. These notes are published in three volumes. INCOME TAX (TRADING AND OTHER INCOME) ACT EXPLANATORY NOTES - VOLUME ONE (SECTIONS 1 TO 364) EXPLANATORY NOTES - VOLUME TWO (SECTIONS 365 TO 886) EXPLANATORY NOTES - VOLUME THREE (SCHEDULES) EXPLANATORY NOTES VOLUME TWO (SECTIONS 365 TO 886) TABLE OF CONTENTS Part 4: Savings and investment income 2 Chapter 1: Introduction 2 Section 365: Overview of Part 4 2 Section 366: Provisions which must be given priority over Part 4 2 Section 367:Priority between Chapters within Part 4 4 Section 368: Territorial scope of Part 4 charges 4 Chapter 2: Interest 5 Section 369: Charge to tax on interest 6 Section 370: Income charged 8 Section 371: Person liable 9 Section 372: Building society dividends 9 Section 373: Open-ended investment company interest distributions 9 Section 374: Date when interest payments under section 373 made 10 Section 375: Interpretation of sections 373 and 374 10 Section 376: Authorised unit trust interest distributions 10 Section 377: Date when interest payments under section 376 made 10 Section 378: Interpretation of sections 376 and 377 11 Section 379: Industrial and provident society payments 11 Section 380: Funding bonds 11 Section 381: Discounts 11 Introduction 12 Section 382: Contents of Chapter 12 Section 387: Date when dividends paid under section 386 15 Section 388: Interpretation of sections 386 and 387 15 Section 390: Date when dividends paid under section 389 16 Section 391: Interpretation of sections 389 and 390 16 Section 396: Interpretation of sections 392 to 395 18 Section 398: Increase in amount or value of dividends where tax credit available 19 Section 399: Qualifying distributions received by persons not entitled to tax credits 19 Section 401: Relief: qualifying distribution after linked non-qualifying distribution 20 Chapter 4: Dividends from non-UK resident companies 21 Section 402: Charge to tax on dividends from non-UK resident companies 21 Section 403: Income charged 22 Section 404: Person liable 22 Section 405: SIP shares: introduction 22 Section 406: Later charge where cash dividends retained in SIPs are paid over 22 Section 407: Dividend payment when dividend shares cease to be subject to SIP 22 Section 408: Reduction in tax due in cases within 407 23 Chapter 5: Stock dividends from UK resident companies 23 Section 409: Charge to tax on stock dividend income 23 Section 410: When stock dividend income arises 24 Section 411: Income charged 24 Section 412: Cash equivalent of share capital 24 Section 413: Person liable 24 Section 414: Income tax treated as paid 25 Chapter 6: Release of loan to participator in close company 26 Section 415: Charge to tax under Chapter 6 26 Section 416: Income charged 26 Section 417: Person liable 26 Section 418: Relief where borrowers liable as settlors 27 Section 419: Loans and advances to persons who die 28 Section 420: Loans and advances to trustees of trusts that have ended 28 Section 421: Income tax treated as paid 28 Section 435: Securities issued in separate tranches: basic rule 34 Section 444: Meaning of "strip" in Chapter 8 37 Section 447: Restriction of profits on strips by reference to original acquisition cost 38 Section 448: Restriction of losses on strips by reference to original acquisition cost 38 Section 449: Strips of government securities: manipulation of acquisition, sale or redemption payments 39 Section 450: Market value of strips etc. 39 Section 451: Market value of strips etc. quoted in foreign stock exchange lists 39 Section 465: Person liable: individuals 44 Section 466: Person liable: personal representatives 45 Section 467: Person liable: UK resident trustees 45 Section 475: Special rules: personal portfolio bonds 48 Section 482: Excepted group life policies: conditions about persons intended to benefit 50 Section 484: When chargeable events occur 50 Section 486: Exclusion of maturity of capital redemption policies in certain circumstances 51 Section 489: Conditions applicable to alterations of life insurance policy terms 52 Section 490: Last payment under guaranteed income bonds etc. treated as total surrender 52 Calculating gains: general 52 Section 493: The value of a policy or contract 53 Part surrenders and assignments: periodic calculations and excess events 54 Section 498: Requirement for periodic calculations in part surrender or assignment cases 55 Transaction-related calculations and part surrender or assignment events 59 Section 510: Requirement for transaction-related calculations in certain part surrender and assignment cases 59 Section 512: Available premium left for relevant transaction 60 Section 513: Special rules for part surrenders and assignments in final insurance year 61 Section 523: The total amount of personal portfolio bond excesses 63 Section 524: The total amount of part surrender gains 64 Section 527: Reduction for sums taken into account otherwise than under Chapter 9 64 Section 532: Relief for policies and contracts with European Economic Area insurers 67 Section 533: Meaning of "comparable EEA tax charge" 67 Section 539: Relief for deficiencies 69 Section 540: When deficiencies arise: events following calculation events 70 Section 544: Application of Chapter to policies and contracts in which companies interested 71 Section 546: Table of provisions subject to special rules for older policies and contracts 71 Chapter 10: Distributions from unauthorised unit trusts 71 Section 547: Charge to tax under Chapter 10 71 Section 548: Income charged 72 Section 549: Person liable 72 Section 550: Income tax treated as paid 72 Chapter 13: Sales of foreign dividend coupons 80 Section 570: Charge to tax under Chapter 13 80 Section 571: Meaning of "foreign holdings" etc 81 Section 572: Income charged 81 Section 573: Person liable 81 Part 5: Miscellaneous income 81 Part 5: Chapter 1: Introduction 82 Section 574: Overview of Part 5 82 Section 575: Provisions which must be given priority over Part 5 82 Section 576: Priority between Chapters within Part 5 82 Section 577: Territorial scope of Part 5 charges 83 Chapter 3: Films and sound recordings: non-trade businesses 93 Section 609: Charge to tax on films and sound recordings businesses 94 Section 610: Income charged 94 Section 611: Person liable 94 Section 612: Calculation of income 94 Section 613: Application of trading income rules to non-trade businesses 95 Section 614: Charge to tax on certain telecommunication rights of a non-trader 95 Section 615: Income charged 95 Section 616: Person liable 95 Section 617: Deductions in calculating certain income charged 96 Section 618: Payments received after deduction of tax 96 Section 620: Meaning of "settlement" and "settlor" 97 Section 625: Settlor's retained interest 98 Section 626: Exception for outright gifts between spouses 99 Section 630: Exceptions for gifts to charities 100 Section 632: Offshore income gains 101 Section 634: Meaning of "capital sum" and "sums paid to settlor" 101 Section 635: Amount of available income 102 Section 636: Calculation of undistributed income 102 Section 637: Qualifications to section 636 102 Section 638: Capital sums paid by way of loan or repayment of loan 103 Section 639: Loans to participators in close companies 103 Section 640: Grossing-up of deemed income 103 Section 642: Exception for certain loans or repayments of loans 104 Section 645: Property or income originating from settlor 105 Chapter 7: Annual payments not otherwise charged 120 Section 683: Charge to tax on annual payments not otherwise charged 121 Section 684: Income charged 122 Section 685: Person liable 122 Section 686: Payments received after deduction of tax 122 Section 688: Income charged 124 Section 689: Person liable 125 Part 6: Exempt income 125 Chapter 1: Introduction 125 Section 690: Overview of Part 6 125 Chapter 2: National savings income 125 Section 691: National Savings Bank ordinary account interest 126 Section 692: Income from savings certificates 126 Section 693: Income from Ulster Savings Certificates 127 Chapter 3: Income from individual investment plans 128 Section 694: Income from individual investment plans 128 Section 695: Investment plans 128 Section 696: Plan managers 128 Section 697: Special requirements for certain foreign managers 128 Section 698: Requirements for discharge of foreign institution's duties 128 Section 699: Non-entitlement to exemption 129 Section 700: Information 129 Section 701: General and supplementary powers 129 Section 703: Meaning of "certified SAYE savings arrangement" 130 Chapter 5: Venture capital trust dividends 131 Section 709: Venture capital trust dividends 132 Section 710: Treatment of shares where annual acquisition limit 132 exceeded 132 Section 711: Identification of shares after disposals 132 Section 712: Identification of shares after reorganisations etc. 133 Chapter 6: Income from FOTRA securities 134 Section 713: Introduction: securities free of tax to residents abroad ("FOTRA securities") 134 Section 714: Exemption of profits from FOTRA securities 135 Section 715: Interest from FOTRA securities held on trust 135 Section 716: Restriction on deductions etc. relating to FOTRA securities 135 Section 720: Exempt proportion: term dependent solely on duration of life 138 Section 725: Annual payments under immediate needs annuities 140 Section 726: Meaning of "care provider" 140 Section 732: Compensation awards 143 Section 733: Persons entitled to exemptions for personal injury payments etc. 143 Section 734: Payments from trusts for injured persons 143 Section 748: Payments by persons liable to pool betting duty 145 Section 757: Interest and royalty payments: introduction 148 Section 758: Exemption for certain interest and royalty payments 149 Section 759: The person making the payment 149 Section 760: The person beneficially entitled to the payment 149 Section 761: Meaning of "25% associates" 150 Section 762: Interest payments: exemption notices 150 Section 763: Special relationships 150 Section 764: Application of ICTA provisions about special relationships 150 Section 765: Anti-avoidance 150 Section 766: Interest and royalty payments: interpretation 150 Section 767: Power to amend references to the Directive by Order 150 Section 777: VAT repayment supplements 153 Section 778: Incentives to use electronic communications 153 Section 780: Disabled person's vehicle maintenance grant 153 Section 781: Payments under New Deal 50plus 153 Section 782: Payments under employment zone programme 153 Chapter 10: General 153 Section 783: General disregard of exempt income for income tax purposes 153 Section 820: Periods of account not ending on 5th April 163 Section 828: Overlap profit 165 Part 8: Foreign income: special rules 165 Chapter 1: Introduction 167 Section 829: Overview of Part 8 167 Section 830: Meaning of "relevant foreign income" 167 Chapter 2: Relevant foreign income charged on remittance basis 169 Section 831: Claims for relevant foreign income to be charged on the remittance basis 169 Section 832: Relevant foreign income charged on the remittance basis 170 Section 833: Income treated as remitted: repayment of UK-linked debts 170 Section 834: Arrangements treated as repayment of UK-linked debts 170 Section 835: Relief for delayed remittances 171 Section 836: Relief for delayed remittances: backdated pensions 171 Section 837: Claims for relief on delayed remittances 171 Chapter 3: Relevant foreign income charged on arising basis: deductions and reliefs 172 Section 838: Expenses attributable to collection or payment of relevant foreign income 172 Section 839: Annual payments payable out of relevant foreign income 172 Section 840: Relief for backdated pensions charged on the arising basis 172 Chapter 4: Unremittable income 173 Section 841: Unremittable income: introduction 173 Section 842: Claim for relief for unremittable income 173 Section 843: Withdrawal of relief 174 Section 844: Income charged on withdrawal of relief after source ceases 174 Section 845: Valuing unremittable income 174 Part 9: Partnerships 175 Section 846: Overview of Part 9 175 Section 847: General provisions 175 Section 848: Assessment of partnerships 175 Section 849: Calculation of firm's profits or losses 175 Section 850: Allocation of firm's profits or losses between partners 176 Section 851: Calculations etc. where firm has other income or losses 176 Section 852: Carrying on by partner of notional trade 177 Section 853: Basis periods for partners' notional trades 177 Section 854: Carrying on by partner of notional business 178 Section 855: Basis periods for partners' notional businesses 179 Section 856: Overlap profits from partners' notional businesses 179 Section 857: Partners to whom the remittance basis may apply 179 Section 858: Resident partners and double taxation agreements 180 Section 859: Special provisions about farming and property income 181 Section 860: Adjustment income 181 Section 861: Sale of patent rights: effect of partnership changes 182 Section 862: Sale of patent rights: effect of later cessation of trade 183 Section 863: Limited liability partnerships 183 Part 10: General provisions 184 Chapter 1: Introduction 184 Section 864: Overview of Part 10 184 Chapter 2: General calculation rules etc. 184 Section 865: Unpaid remuneration: non-trades and non-property businesses 184 Section 866: Employee benefit contributions: non-trades and non-property businesses 184 Section 867: Business entertainment and gifts: non-trades and non-property businesses 185 Section 868: Social security contributions: non-trades etc. 185 Section 869: Penalties, interest and VAT surcharges: non-trades etc. 186 Section 870: Crime-related payments: non-trades and non-property businesses 186 Section 871: Apportionment etc. of miscellaneous profits to tax year 186 Section 872: Losses calculated on same basis as miscellaneous income 187 Chapter 3: Supplementary and general provisions 187 Section 873: Orders and regulations made by Treasury or Board 187 Section 874: Activities in UK sector of continental shelf 187 Section 875: Meaning of "caravan" 187 Section 876: Meaning of "farming" and related expressions 187 Section 877: Meaning of grossing up 189 Section 878: Other definitions 189 Section 879: Interpretation: Scotland 190 Section 880: Interpretation: Northern Ireland 190 Section 881: Disapplication of corporation tax: section 9 of ICTA 191 Section 882: Consequential amendments 191 Section 883: Commencement and transitional provisions etc. 191 Section 884: Repeals and revocations 191 Section 885: Abbreviations and general index in Schedule 4 191 | |
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