Part 16Income Tax Acts definitions etc

Chapter 2Other Income Tax Acts provisions

1012Relationship between rules on highest part of total income

1

This section makes provision about the relationship between rules requiring particular income to be treated as the highest part of a person's total income.

2

It has effect for the purposes of the Income Tax Acts except sections 535 to 537 of ITTOIA 2005 (gains from contracts for life insurance etc: top slicing relief).

3

If more than one of the provisions listed in subsection (4) applies in relation to a person, a provision mentioned earlier in the list has priority over a provision mentioned later in the list.

4

The provisions are—

  • section 465A of ITTOIA 2005 (gains from contracts for life insurance etc to be treated as highest part of total income),

  • F1section 685A(5A) of ITTOIA 2005 (payments from trustees of settlor-interested settlements to be treated as highest part of total income),

  • section 404A of ITEPA 2003 (payments and other benefits on termination of employment to be treated as highest part of total income), and

  • section 16 (savings and dividend income to be treated as highest part of total income).

5

The provisions listed in subsection (4) have priority over—

  • section 619A(2) of ITTOIA 2005 (income treated as highest part of settlor's total income),

  • section 768(6) and (7) (income treated as arising under Chapter 3 of Part 13 to be treated as highest part of total income),

  • section 786(6) and (7) (income treated as arising under Chapter 4 of Part 13 to be treated as highest part of total income), and

  • any other provisions of the Income Tax Acts requiring income of any description to be treated as the highest part of a person's total income.

6

The effect of one provision having priority over another is that the second provision has effect subject to the first.