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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 THREE (SCHEDULES) TABLE OF CONTENTS Schedule 1: Consequential Amendments 2 Part 1: Income and Corporation Taxes Act 1988 2 Paragraph 3: section 1A of ICTA 2 Paragraph 7: section 9 of ICTA 2 Paragraph 9: section 18 of ICTA 2 Paragraph 10: section 20 of ICTA 4 Paragraph 36: section 60 of ICTA 5 Paragraph 43: section 71 of ICTA 6 Paragraph 45: section 74 of ICTA 6 Paragraph 53: section 82 of ICTA 7 Paragraph 60: section 86 of ICTA 8 Paragraph 65: section 89 of ICTA 8 Section 92 of ICTA (no paragraph in Schedule 1) 8 Paragraph 94: section 113 of ICTA 8 Paragraph 106: section 122 of ICTA 9 Paragraph 141: section 333 of ICTA 9 Paragraph 146: section 347A of ICTA 9 Paragraph 147: section 348 of ICTA 10 Paragraph 148: section 349 of ICTA 10 Paragraph 167: section 391 of ICTA 11 Paragraph 168: section 392 of ICTA 11 Section 443 of ICTA (no paragraph in Schedule 1) 13 Paragraphs 209 to 228: sections 539 to 554 of ICTA 13 Paragraph 247 and 248: sections 586 and 587 of ICTA 15 Paragraphs 284 and 285: sections 695 and 696 of ICTA 15 Paragraph 327: section 817 of ICTA 16 Paragraph 333: section 827A of ICTA 16 Paragraph 338: section 833 of ICTA 16 Paragraph 348(3): paragraph 7A of Schedule 22 to ICTA 16 Paragraph 352(2): paragraph 5 of Schedule 30 to ICTA 17 Paragraph 352(3): paragraph 18 of Schedule 30 to ICTA 17 Part 2: Other Enactments 17 Paragraphs 362, 365 and 371: sections 9D, 12AE(2) and 31(3) of TMA 17 Paragraph 435: sections 148A, 148B and 148C of TCGA 18 Section 148A Futures and options involving guaranteed returns 18 Section 148B Deemed disposals at a gain under section 564(4) of ITTOIA 2005 18 Section 148C Deemed disposals at a loss under section 564(4) of ITTOIA 2005 18 Paragraph 438: section 151C of TCGA 19 Paragraph 443: section 254(1)(c) of TCGA 20 Paragraph 464: section 171(2) of FA 1993 20 Paragraph 592: section 325A of ITEPA 20 Paragraph 594: section 360A of ITEPA 20 Paragraph 606: section 575 of ITEPA 20 Paragraph 607: section 613 of ITEPA 21 Paragraph 608: section 631 of ITEPA 21 Paragraph 609: section 635 of ITEPA 21 Paragraph 610: section 644A of ITEPA 22 Paragraph 611: section 646A of ITEPA 22 Paragraph 613: section 679 of ITEPA 22 Paragraph 614: section 681A of ITEPA 22 Part 2: Changes in the law 23 Part 4: Property income 25 Part 5: Savings and investment income: general 25 Part 8: Miscellaneous income 38 Part 9: Exempt income 39 Part 11: Foreign income: special rules 40 Part 12: Other provisions 40 Schedule 3: Repeals and revocations 41 Schedule 4: Abbreviations and defined expressions 41 Part 1: Abbreviations of Acts 41 Part 2: Index of expressions defined in this Act etc. 41 Change 1: Income taxed as trade profits: omit the words "immediately derived from" in the identification of the foreign income to which the trade profit rules apply: section 7 43 Change 2: Profits of mines, quarries and other concerns: section 12 43 Change 3: Caravan sites where trade carried on: section 20 44 Change 6: Relationship between rules prohibiting deductions and rules allowing deductions: sections 31 and 274 46 Change 7: Align rules for debts proving irrecoverable after trade deemed to have ceased with general rules for bad and doubtful debts: section 35 47 Change 8: Unpaid remuneration of employees: payment made after return submitted but within 9 months of the end of the period of account: sections 37 and 865 48 Change 9: Exceptions to the rule restricting deductions for business gifts: section 47 49 Change 10: Car hire: release of debt after debtor has ceased trading: section 48 49 Change 11: Car hire: hire agreements without option to purchase: section 49 50 Change 12: Trade profits: exclusion of double relief for interest: final variation of claim: section 52 50 Change 13: Deduction for tenant under taxed lease if land is outside the United Kingdom: sections 60 and 64 51 Change 14: Requiring an apportionment to be just and reasonable: sections 61, 65, 78, 93, 289, 294, 316, 471, 472, 645, 719 and 722 52 Change 15: Restrictions on expenses under sections 61 and 292: sections 64, 65, 293 and 294 53 Change 16: Clarification of position of employees seconded to charities: section 70 55 Change 17: Retraining courses: deduction no longer dependent on employee's exemption: section 74 55 Change 18: Redundancy payments: legislate the practice of allowing voluntary payments made in connection with a cessation: section 79 56 Change 19: Devolution: sections 80, 83, 110, 167, 207, 732, 755, 769, 879 and 880. 56 Change 20: Contributions to local enterprise organisations or urban regeneration companies: disqualifying benefits: section 82 58 Change 21: Contributions to local enterprise organisations or urban regeneration companies: gifts of trading stock: charge any benefit by reference to periods of account: sections 82 and 109 58 Change 22: Trade etc and other income charged on withdrawal of relief after source ceases: sections 82, 104, 109 and 844 59 Change 23: Patent fees paid: sections 89 and 90 59 Change 24: Payments to Export Credits Guarantee Department: section 91 60 Change 25: Expenses connected with foreign trades: relax condition for family expenses: drop "functions" test: section 92 60 Change 26: Expenses connected with foreign trades: Irish trades: section 92 61 Change 27: Assets of mutual concerns: exclude distributions of capital gains from the charge to tax: section 104 61 Change 28: Sums recovered under insurance policies, etc: section 106 61 Change 29: Gifts of trading stock: drop the need for the gift to be plant and machinery in the hands of the educational establishment: section 108 62 Change 30: Gifts of trading stock: gifts "for the purpose of" a charity etc: section 108 62 Change 31: Gifts of trading stock: drop the need for a claim: section 108 63 Change 32: Herd basis rules: meaning of "substantial part of herd": section 113(6) and section 120(7) 63 Change 33: Herd basis rules: sale of whole or substantial part of herd: sections 119, 120 and 122 64 Change 34: Herd basis elections: time limit for making election: section 124 65 Change 35: Herd basis elections: date from which effective: section 124(7) 66 Change 36: Herd basis elections: 5 year gap in which no production herd kept: section 125 66 Change 37: Herd basis elections: slaughter under disease control order: section 126 67 Change 38: Tax treatment of sound recordings: sections 130, 132 and 135 68 Change 39: Treatment of interest in production and acquisition expenditure on films and sound recordings: section 130 68 Change 40: Allocation of expenditure to relevant periods: sections 135, 137 and 138 69 Change 41: Allocation of expenditure to relevant periods: sections 135 and 137 70 Change 42: Securities held as circulating capital: section 150 71 Change 43: Ministers of religion: deductions to be allowed in calculating profits of profession or vocation: section 159 71 Change 44: Ministers of religion: omission of section 332(3)(a) of ICTA: section 159 72 Change 45: Ministers of religion: alter the deduction rule in section 332(3)(b) of ICTA so that it is applied without reference to an inspector: remove the special appeals mechanism: section 159 72 Change 46: Combine pools payments rules: sections 162 and 748 72 Change 47: Extend pools payments treatment to the 1995 reduction: sections 162 and 748 73 Change 48: Waste disposal: site preparation expenditure: drop requirements to make claim and submit plans and documents: section 165 73 Change 49: Valuation of trading stock: adopt the normal self-assessment time limit for an election by connected persons: section 178 74 Change 50: Deductions for unremittable amounts: sections 187 to 191 74 Change 51: Disposal of know-how: restore an express definition of mineral deposits: sections 192 and 583 75 Change 52: Basis periods etc: to allow any reasonable and consistent time basis for apportioning profits or for calculating deductible overlap profit: sections 203, 220, 275 and 871 76 Change 53: Enterprise allowance: include in trade profits: section 207 77 Change 54: Basis periods: treat accounts regularly prepared to dates near the end of the tax year as if prepared to 5 April subject to a taxpayer's opt out: sections 208, 209 and 210 78 Change 55: Basis periods: to allow accounts prepared to a date near the end of the tax year to be treated as if prepared to 5 April: sections 208, 209, 210 and 220 78 Change 56: Basis periods: to allow accounts regularly prepared to a particular day in the year to be treated as if prepared to a particular date: sections 211, 212 and 213 79 Change 57: Overlap profit (calculating a deduction): to allow the taxpayer to disregard 29 February when there is a change of accounting date to a date late in the tax year: section 220 80 Change 58: Averaging: foreign trades: section 221 80 Change 59: Averaging: section 221 80 Change 60: Averaging: clarify the rule that a claim cannot be made in commencement or cessation year: section 222 81 Change 61: Averaging: time limit for a further claim: section 225 82 Change 62: Adjustment income: how an election affects later years: section 239 82 Change 63: Post-cessation receipts: design right: section 253 82 Change 64: Post cessation receipts treated as relevant UK earnings for pension purposes: section 256 83 Change 65: Statutory insolvency arrangement - Scotland: section 259 83 Change 66: Priority of the charge on trade profits: the "Crown Option" and sections 261, 366 and 575 84 Change 67: Territorial scope of charge to tax: land in Ireland: section 269 86 Change 68: Sums payable instead of rent, or as consideration for the variation or waiver of a term of a lease, for periods of 50 years or less: sections 276, 279 and 281 86 Change 69: Identifying the profits involved where an amount is to be taken into account as a receipt in calculating the profits of a property business: sections 277, 279, 280, 281, 282, 284 and 285 88 Change 70: Lease premiums etc: no receipt in respect of sum payable for variation or waiver of term of lease if sum due to someone other than the landlord or a person connected with landlord: section 281 90 Change 71: Applying the additional calculation rule to receipts in respect of sums payable for variation or waiver of term of lease: sections 281, 287, 288, 289 and 294 91 Change 72: Receipts in respect of sales with right to reconveyance and sale and leaseback transactions: sections 284 and 285 92 Change 73: Limiting the reductions in receipts under section 288 and the deductions for expenses under section 292: sections 287, 288, 289, 290, 291, 292 and 295 92 Change 74: Deduction for expenditure on energy-saving items: drop the requirement for a claim: section 312 94 Change 75: Meaning of "relevant period" in sections 325 and 326: non-resident companies: section 324 95 Change 76: Furnished holiday accommodation: permitted longer-term occupation: section 325 96 Change 77: Furnished holiday accommodation: period over which lettings are averaged: section 326 97 Change 78: Deduction of management expenses of owner of mineral rights: omission of condition that expenses are "necessarily" incurred: section 339 97 Change 79: Distributions made by UK companies: section 366 98 Change 80: Building society dividends: payment of dividends treated as interest: section 372 98 Change 81: Industrial and provident society payments: section 379 99 Change 82: Funding bonds: charge to tax as interest: section 380 and paragraph 168 of Schedule 1 99 Change 83: Discounts: charge to tax as interest: section 381 100 Change 84: Dividends etc from UK resident companies: tax credits etc where dividends etc received by companies who pay income tax: sections 397, 399 and 400 100 Change 85: Stock dividends from UK resident companies: the net amount of stock dividends: section 412 102 Change 86: Deeply discounted securities: deemed acquisitions at market value where deemed disposals on conversion of securities or transfer by personal representatives to legatees: section 441 103 Change 87: Strips of government securities: acquisitions and disposals: section 445 104 Change 88: Gains from contracts for life insurance etc: individuals who are not resident in the United Kingdom in the tax year not liable for tax: sections 465 and 539 105 Change 89: Gains from contracts for life insurance etc: disregard of alteration of terms of old life insurance policies where insurer stops collecting premiums: sections 488 and 489 106 Change 90: Gains from contracts for life insurance etc: allowing the deduction of gains previously charged on related policies to be made in calculating later gains: section 491(5) 106 Change 91: Gains from contracts for life insurance etc: disregard of trivial inducement benefits: section 497 107 Change 92: Gains from contracts for life insurance etc: removal of requirement for calculation under section 546(1) of ICTA to be made annually: section 498 107 Change 93: Gains from contracts for life insurance etc: treating taking a capital sum under a contract for a life annuity as a surrender of a part of the rights under the contract for all purposes: section 500 108 Change 94: Gains from contracts for life insurance etc: enactment of regulations about personal portfolio bonds in primary legislation: sections 515 to 526 109 Change 95: Gains from contracts for life insurance etc: reductions for sums chargeable to tax apart from section 547(1) of ICTA: section 527 109 Change 96: Gains from contracts for life insurance etc: reduction in gains where non-UK resident trustees hold policy: section 529 110 Change 97: Gains from contracts for life insurance etc: clarification of entitlement to credit for income tax at the lower rate in the case of certain foreign life insurance policies: section 531(5) 111 Change 98: Gains from contracts for life insurance etc: removal of requirement for claims for top slicing relief: section 535(1) 112 Change 99: Gains from contracts for life insurance etc: definition of "insurance company": section 545(1) 112 Change 100: Gains from contracts for life insurance etc: definition of "market value": section 545(1) 112 Change 101: Disposals of futures and options involving guaranteed returns: foreign non-trading income: section 555 113 Change 102: Guaranteed returns on futures and options: associated companies: section 561 114 Change 103: Charge on income treated as arising from foreign holdings: foreign dividend coupons: section 570 115 Change 104: Death of a seller of patent rights: time for serving notice: sections 593 and 862 115 Change 105: Settlements: approved pension arrangements: section 627 and paragraph 132 of Schedule 2 116 Change 106: Beneficiaries' income from estates in administration: set off of excess of allowable estate deductions in the final tax year of the administration period: beneficiaries with absolute interests: section 660 117 Change 107: Beneficiaries' income from estates in administration: exclusion of income from specific dispositions and income from contingent interests from the aggregate income of the estate: sections 664 and 666 117 Change 108: Beneficiaries' income from estates in administration: removal of the requirement for interest to be annual and a charge on residue to be deductible in calculating the residuary income of the estate: section 666 118 Change 109: Beneficiaries' income from estates in administration: how reduction in share of residuary income of estate under section 697(2) and (3) of ICTA operates for successive absolute interests: section 671 119 Change 110: Beneficiaries' income from estates in administration: requirement for apportionments where the parts of the residuary estate in which successive interests subsist do not wholly correspond: section 676 120 Change 111: Beneficiaries' income from estates in administration: omission of section 695(6) of ICTA: section 678 120 Change 112: Exempt income: savings certificates: unauthorised purchases involving multiple certificates: sections 692(2) and 693(5) 121 | |
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