Income and Corporation Taxes Act 1988

819 Old references to standard rate tax. U.K.

M1 (1) Where any provision, however worded, contained in an instrument (of whatever nature) made on or after 3rd September 1939 or in a will or codicil taking effect on or after that date provides for the payment, whether periodically or otherwise—

(a) of a stated amount free of income tax other than surtax; or

(b) of an amount which, after deduction of income tax at the standard rate, is equal to a stated amount;

it shall have effect as follows.

(2) If it is such a provision as is mentioned in subsection (1)(a) above it shall have effect as if it provided for the payment of the stated amount free of income tax other than such as exceeds the amount to which the person to whom the payment is made would be liable if all income tax [F1 not chargeable at the lower rate][F2 by virtue of section 1(2)(aa) were charged at the basic rate, or (so far as applicable in accordance with [F3 section 1A]) the lower rate [F4 or the Schedule F ordinary rate],] to the exclusion of [F5 the higher rate and the Schedule F upper rate].

(3) If it is such a provision as is mentioned in subsection (1)(b) above it shall have effect as if it provided for the payment of an amount which after deduction of income tax at the basic rate is equal to the stated amount.

(4) Any instrument however worded conferring on any person a right to receive a dividend or interest the amount of which depends on the standard rate of income tax shall have effect as if instead of referring to the standard rate it referred to the basic rate.

(5) Any reference in a statutory instrument made under the Tax Acts to the standard rate of income tax shall have effect as if it were a reference to the basic rate.

Textual Amendments

F1 Words in s. 819(2) inserted (16.7.1992 for the year 1992-93 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 19(3)(7)

F2 Words in s. 819(2) substituted (27.7.1993 with effect for the year 1993-94 and subsequent years of assessment) by 1993 c. 34, s. 79, Sch. 6 paras.1, 25(1)

F3 Words in s. 819(2) substituted (with effect in accordance with Sch. 6 para. 28 of the amending Act) by Finance Act 1996 (c. 8), Sch. 6 para. 13

F4 Words in s. 819(2) inserted (with effect in accordance with Sch. 4 para. 21(2) of the amending Act) by Finance (No. 2) Act 1997 (c. 58), Sch. 4 para. 21(1)(a)

F5 Words in s. 819(2) substituted (with effect in accordance with Sch. 4 para. 21(2) of the amending Act) by Finance (No. 2) Act 1997 (c. 58), Sch. 4 para. 21(1)(b)

Marginal Citations

M1 Source—1971 Sch.7 2-4; 1978 Sch.2 14