Royal Arms Explanatory Notes to Income Tax (Trading and Other Income) Act 2005

2005 Chapter 5


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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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