- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 19/07/2011
Point in time view as at 01/04/2011.
There are currently no known outstanding effects for the Income Tax (Trading and Other Income) Act 2005, Chapter 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
The provisions of this Chapter apply to professions and vocations as they apply to trades.
In calculating the profits of a trade, no deduction is allowed for items of a capital nature.
(1)In calculating the profits of a trade, no deduction is allowed for—
(a)expenses not incurred wholly and exclusively for the purposes of the trade, or
(b)losses not connected with or arising out of the trade.
(2)If an expense is incurred for more than one purpose, this section does not prohibit a deduction for any identifiable part or identifiable proportion of the expense which is incurred wholly and exclusively for the purposes of the trade.
(1)In calculating the profits of a trade, no deduction is allowed for a debt owed to the person carrying on the trade, except so far as—
(a)the debt is bad,
(b)the debt is estimated to be bad, or
(c)the debt is released wholly and exclusively for the purposes of the trade as part of a statutory insolvency arrangement.
(2)If the debtor is bankrupt or insolvent, the whole of the debt is estimated to be bad for the purposes of subsection (1)(b), except so far as any amount may reasonably be expected to be received on the debt.
(1)This section applies if, in calculating the profits of a trade of a period of account—
(a)an amount is charged in the accounts for the period in respect of employees' remuneration, and
(b)a deduction for the remuneration would otherwise be allowable for the period.
(2)No deduction is allowed for the remuneration for the period of account unless it is paid before the end of the period of 9 months immediately following the end of the period of account.
(3)If the remuneration is paid after the end of that 9 month period, a deduction for it is allowed for the period of account in which it is paid.
(1)For the purposes of section 36 an amount charged in the accounts in respect of employees' remuneration includes an amount for which provision is made in the accounts with a view to its becoming employees' remuneration.
(2)For the purposes of section 36 it does not matter whether an amount is charged for—
(a)particular employments, or
(b)employments generally.
(3)If the profits of the trade are calculated before the end of the 9 month period mentioned in section 36(2)—
(a)it must be assumed, in making the calculation, that any remuneration which is unpaid when the calculation is made will not be paid before the end of that period, but
(b)if the remuneration is subsequently paid before the end of that period, nothing in this subsection prevents the calculation being revised and any tax return being amended accordingly.
(4)For the purposes of this section and section 36 remuneration is paid when it—
(a)is treated as received by an employee for the purposes of ITEPA 2003 by section 18, 19, 31 or 32 of that Act (receipt of money and non-money earnings), or
(b)would be so treated if it were not exempt income.
(5)In this section and section 36—
“employee” includes an office-holder and “employment” therefore includes an office, and
“remuneration” means an amount which is or is treated as earnings for the purposes of ITEPA 2003.
[F1(1)This section applies if, in calculating for income tax purposes the profits of a trade of a person (“the employer”) for a period, a deduction would otherwise be allowable for the period in respect of employee benefit contributions made or to be made (but see subsection (4)).]
(2)No deduction is allowed for the contributions for the period except so far as—
(a)qualifying benefits are provided, or qualifying expenses are paid, out of the contributions during the period or within 9 months from the end of it, or
(b)if the making of the contributions is itself the provision of qualifying benefits, the contributions are made during the period or within 9 months from the end of it.
(3)An amount disallowed under subsection (2) is allowed as a deduction for a subsequent period so far as—
(a)qualifying benefits are provided out of the contributions before the end of the subsequent period, or
(b)if the making of the contributions is itself the provision of qualifying benefits, the contributions are made before the end of the subsequent period.
(4)This section does not apply to any deduction that is allowable for—
(a)anything given as consideration for goods or services provided in the course of a trade or profession,
(b)contributions under a registered pension scheme or under a superannuation fund to which section 615(3) of ICTA applies,
(c)contributions under a qualifying overseas pension scheme in respect of an individual who is a relevant migrant member of the pension scheme in relation to the contributions, or
(d)contributions under an accident benefit scheme.
For the purposes of paragraph (c) “qualifying overseas pension scheme” and “relevant migrant member” have the same meaning as in Schedule 33 to FA 2004 (see paragraphs 4 to 6 of that Schedule).
(5)See also—
section 39 (making of “employee benefit contributions”),
section 40 (provision of qualifying benefits),
section 41 (timing and amount of certain qualifying benefits),
section 42 (provision or payment out of employee benefit contributions),
section 43 (profits calculated before end of 9 month period), and
section 44 (interpretation of sections 38 to 44).
Textual Amendments
F1S. 38(1) substituted (with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(8)
[F2(1)For the purposes of section 38, an “employee benefit contribution” is made if, as a result of any act or omission—
(a)property is held, or may be used, under an employee benefit scheme, or
(b)there is an increase in the total value of property that is so held or may be so used (or a reduction in any liabilities under an employee benefit scheme).]
(2)For this purpose “employee benefit scheme” means a trust, scheme or other arrangement for the benefit of persons who are, or include, present or former employees of the employer.
Textual Amendments
F2S. 39(1) substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(9)
(1)For the purposes of section 38 qualifying benefits are provided if there is—
(a)a payment of money, or
(b)a transfer of assets,
which meets condition A, B, C or D.
(2)Condition A is that the payment or transfer gives rise both to an employment income tax charge and to an NIC charge.
(3)Condition B is that the payment or transfer would give rise to both charges if—
(a)the duties of the employment in respect of which the payment or transfer was made were performed in the United Kingdom, and
(b)the person in respect of whose employment the payment or transfer was made met at all relevant times the conditions as to residence or presence in Great Britain or Northern Ireland prescribed under section 1(6) of the Contributions and Benefits Act.
(4)Condition C is that the payment or transfer is made in connection with the termination of the recipient's employment with the employer.
(5)Condition D is that the payment or transfer is made under an employer-financed retirement benefits scheme.
(6)None of the conditions is met if the payment or transfer is by way of loan.
(7)In this section—
“the Contributions and Benefits Act” means—
the Social Security Contributions and Benefits Act 1992 (c. 4), or
the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7),
“employment income tax charge” means a charge to tax under ITEPA 2003 (whether on the recipient or on someone else), and
“NIC charge” means a liability to pay national insurance contributions under section 6 (Class 1 contributions), section 10 (Class 1A contributions) or section 10A (Class 1B contributions) of the Contributions and Benefits Act.
(1)If the provision of a qualifying benefit—
(a)takes the form of a payment of money, and
(b)is not made under an employer-financed retirement benefits scheme,
the benefit is provided for the purposes of section 38 when the money is treated as received for the purposes of Chapter 4 of Part 2 of ITEPA 2003 (applying the rules in section 18 of that Act (receipt of money earnings)).
(2)If the provision of a qualifying benefit takes the form of a transfer of an asset, the amount provided for the purposes of section 38 is the total of—
(a)the amount (if any) spent on the asset by [F3a scheme manager] , and
(b)in a case where the asset was transferred to [F3a scheme manager] by the employer, the amount of the deduction that would be allowable as mentioned in subsection (1) of that section in respect of the transfer.
(3)But if the amount given by subsection (2) is more than the amount that—
(a)is charged to tax under ITEPA 2003 in respect of the transfer, or
(b)would be so charged if condition B in section 40 were met,
the deduction allowable under section 38(2) or (3) is limited to that lower amount.
Textual Amendments
F3Words in s. 41 substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(10)
(1)For the purposes of section 38(2)(a)—
(a)any qualifying benefits provided, or
(b)any qualifying expenses paid,
by [F4a scheme manager] after the receipt by [F5the scheme manager] of employee benefit contributions are treated as being provided or paid out of the contributions.
(2)This operates up to the total amount of the contributions reduced by the amount of any benefits or expenses previously provided or paid as mentioned in section 38(2)(a).
(3)For the purposes of section 38(3)(a) any qualifying benefits provided by [F6a scheme manager] after the receipt by [F7the scheme manager] of employee benefit contributions are treated as being provided out of the contributions.
(4)This operates up to the total amount of the contributions reduced by the amount of any benefits or expenses previously provided or paid as mentioned in section 38(2)(a) or (3)(a).
(5)For the purposes of this section no account is taken of any other amount received or paid by the [F8scheme manager] .
Textual Amendments
F4Words in s. 42(1) substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(11)(a)
F5Words in s. 42(1) substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(11)(a)
F6Words in s. 42(3) substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(11)(b)
F7Words in s. 42(3) substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(11)(b)
F8Words in s. 42(5) substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(11)(c)
(1)This section applies if the profits of the trade are calculated before the end of the 9 month period mentioned in section 38(2).
(2)It must be assumed, in making the calculation, that any benefits, expenses or contributions which are not provided, paid or made when the calculation is made will not be provided, paid or made before the end of that period.
(3)But if the benefits, expenses or contributions are subsequently provided, paid or made before the end of that period, nothing in this section prevents the calculation being revised and any tax return being amended accordingly.
(1)In this section and sections 38 to 43—
“accident benefit scheme” means an employee benefit scheme under which benefits may be provided only by reason of a person's disablement, or death, caused by an accident occurring during the person's service as an employee of the employer,
“employee benefit contribution” is to be read in accordance with section 39(1),
“employee benefit scheme” has the meaning given by section 39(2),
“the employer” is to be read in accordance with section 38(1),
“employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see section 393A of that Act),
“qualifying benefits” is to be read in accordance with section 40,
“qualifying expenses” includes any expenses of the third party (other than the provision of benefits to employees of the employer)—
which are incurred in operating the employee benefit scheme, and
which, if incurred by the employer, would be deductible in calculating for income tax purposes the employer's profits for any period, and
[F9“scheme manager” means a person who administers an employee benefit scheme (acting in that capacity).]
(2)A reference in this section and sections 38 to 43 to a person's employee includes the holder of an office under that person, and “employment” is to be read accordingly.
Textual Amendments
F9S. 44(1): definition of "third party" substituted (19.7.2007 with effect as stated in s. 34(13) of the amending Act) by Finance Act 2007 (c. 11), s. 34(12)
(1)The general rule is that no deduction is allowed in calculating the profits of a trade for expenses incurred in providing entertainment or gifts in connection with the trade.
(2)A deduction for expenses which are incurred—
(a)in paying sums to or on behalf of an employee of the person carrying on the trade (“the trader”), or
(b)in putting sums at the disposal of an employee of the trader,
is prohibited by the general rule if (and only if) the sums are paid, or put at the employee's disposal, exclusively for meeting expenses incurred or to be incurred by the employee in providing the entertainment or gift.
(3)The general rule is subject to exceptions—
for entertainment (see section 46), and
for gifts (see section 47).
(4)For the purposes of this section and those two sections—
(a)“employee”, in relation to a company, includes a director of the company and a person engaged in the management of the company,
(b)“entertainment” includes hospitality of any kind, and
(c)the expenses incurred in providing entertainment or a gift include expenses incurred in providing anything incidental to the provision of entertainment or a gift.
(1)The prohibition in section 45 on deducting expenses incurred in providing entertainment does not apply in either of cases A and B.
(2)Case A is where—
(a)the entertainment is of a kind which it is the trader's trade to provide, and
(b)the entertainment is provided in the ordinary course of the trade either for payment or free of charge in order to advertise to the public generally.
(3)Case B is where the entertainment is provided for employees of the trader unless—
(a)the entertainment is also provided for others, and
(b)the provision of the entertainment for the employees is incidental to its provision for the others.
(1)The prohibition in section 45 on deducting expenses incurred in providing gifts does not apply in any of cases A, B, C and D.
(2)Case A is where—
(a)the gift is of an item which it is the trader's trade to provide, and
(b)the item is given away in the ordinary course of the trade in order to advertise to the public generally.
(3)Case B is where the gift incorporates a conspicuous advertisement for the trader unless—
(a)the gift is food, drink, tobacco or a token or voucher exchangeable for goods, or
(b)the cost of the gift to the trader, together with any other gifts (except food, drink, tobacco or a token or voucher exchangeable for goods) given to the same person in the same basis period, exceeds £50.
The Treasury may by order amend the sum for the time being specified in paragraph (b) so as to increase it.
(4)Case C is where gifts are provided for employees of the trader unless—
(a)gifts are also provided for others, and
(b)the provision of the gifts for the employees is incidental to the provision of gifts for the others.
(5)Case D is where the gift is given to—
(a)a charity,
(b)the Historic Buildings and Monuments Commission for England, or
(c)the Trustees of the National Heritage Memorial Fund.
(1)This section applies if, in calculating the profits of a trade, a deduction is allowed for expenses incurred on the hiring of a car [F11which is not—
(a)a car that is first registered before 1 March 2001,
(b)a car that has low CO2 emissions,
(c)a car that is electrically propelled, or
(d)a qualifying hire car.]
(2)The amount of the deduction which would otherwise be allowable is reduced by [F1215%].
(3)Subsection (4) applies if [F13a deduction is reduced as a result of subsection (2), or a corresponding provision,] and subsequently—
(a)there is a rebate (however described) of the hire charges, or
(b)a debt in respect of any of the hire charges is released otherwise than as part of a statutory insolvency arrangement.
(4)The amount that, as a result of the rebate or release—
(a)is brought into account as a receipt of the trade F14..., or
(b)is treated as a post-cessation receipt under section 249 (debts released after cessation),
is reduced by [F1515%] .
[F16(4A)In this section “corresponding provision” means—
(a)section 56(2) of CTA 2009 (car F17... hire: trade profits and property income),
(b)section 1251(2) of CTA 2009 (car F17... hire: expenses of management), or
(c)section 76ZN(2) of ICTA (car F17... hire: expenses of insurance companies).]
F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Words in s. 48 heading omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 36(7)
F11Words in s. 48(1) substituted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 36(2)
F12Word in s. 48(2) substituted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 36(3)
F13Words in s. 48(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 589(2) (with Sch. 2 Pts. 1, 2)
F14Words in s. 48(4)(a) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 589(3), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)
F15Word in s. 48(4) substituted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 36(4)
F16S. 48(4A) inserted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 589(4) (with Sch. 2 Pts. 1, 2)
F17Words in s. 48(4A)(a)(b)(c) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 36(5)
F18S. 48(5) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 36(6)
(1)In section 48 “car F20...” means a mechanically propelled road vehicle other than F21...—
[F22(za)a motor cycle (within the meaning of section 185(1) of the Road Traffic Act 1988),]
(a)[F23a vehicle] of a construction primarily suited for the conveyance of goods or burden of any description, or
(b)[F24a vehicle] of a type not commonly used as a private vehicle and unsuitable for such use.
[F25(1A)In section 48—
“a car that has low CO2 emissions” has the same meaning as in section 104AA of CAA 2001 (special rate expenditure: main rate car);
“electrically propelled” has the meaning given in section 268B of that Act.]
(2)In section 48 “a qualifying hire car F26...” means a car F26... which—
(a)is hired under a hire-purchase agreement F27... under which there is no option to purchase,
(b)is hired under a hire-purchase agreement under which there is an option to purchase exercisable on the payment of a sum equal to not more than 1% of the retail price of the car F26... when new, or
F28(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F29(d)is leased under a long-funding lease (within the meaning of section 70G of CAA 2001).]
[F30(3)For this purpose “hire-purchase agreement” has the meaning given by section 998A of ITA 2007.]
(6)In this section F31... “new” means unused and not second-hand.
Textual Amendments
F19Words in s. 49 heading omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 37(6)
F20Words in s. 49(1) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 37(2)(a)
F21Word in s. 49(1) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 37(2)(b)
F22S. 49(1)(za) inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 37(2)(c)
F23Words in s. 49(1)(a) inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 37(2)(d)
F24Words in s. 49(1)(b) inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 37(2)(d)
F25S. 49(1A) inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 37(3)
F26Words in s. 49(2) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 37(4)(a)
F27Words in s. 49(2)(a) repealed (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 254(2), Sch. 10 Pt. 9 (with Sch. 9 paras. 1-9, 22)
F28S. 49(2)(c) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 37(4)(b)
F29S. 49(2)(d) inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 37(4)(c)
F30S. 49(3) substituted (1.4.2010) for s. 49(3)-(5) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 254(3) (with Sch. 9 paras. 1-9, 22)
F31Words in s. 49(6) omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 37(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32S. 50 omitted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 11 para. 38
(1)Section 48 does not apply to expenses incurred by a person (“the taxpayer”) on the hiring of a car if condition A or B is met.
(2)Condition A is that—
(a)the expenses are incurred in respect of the making available of the car to the taxpayer for a period (“the hire period”) of not more than 45 consecutive days, and
(b)if the car is made available to the taxpayer (whether by the same person or different persons) for one or more periods linked to the hire period, the hire period and the linked period or periods, taken together, consist of not more than 45 days.
(3)Condition B is that the expenses are incurred in respect of a period (“the sub-hire period”) throughout which the taxpayer makes the car available to another person (“the customer”) and—
(a)the sub-hire period consists of more than 45 consecutive days, or
(b)if the taxpayer makes the car available to the customer throughout one or more periods linked to the sub-hire period, the sub-hire period and the linked period or periods, taken together, consist of more than 45 days,
but see subsection (4).
(4)Condition B is not met if—
(a)the customer is an employee of the taxpayer or of a person connected with the taxpayer, or
(b)during all or part of the sub-hire period (or any period linked to the sub-hire period), the customer makes any car available to an employee of the taxpayer under arrangements with the taxpayer or with a person connected with the taxpayer.
(5)Neither condition A nor condition B is met if the car is hired under arrangements the purpose, or one of the main purposes, of which is—
(a)to disapply or reduce the effect of section 48, or
(b)other avoidance of tax.
(6)For the purposes of condition B the expenses incurred by the taxpayer on the hiring of the car must be apportioned between—
(a)the sub-hire period, and
(b)the remainder of the period during which the car is made available to the taxpayer,
according to the respective lengths of those periods.
(7)A period of consecutive days (“the main period”) is linked to—
(a)a period of consecutive days that ends not more than 14 days before the main period begins,
(b)a period of consecutive days that begins not more than 14 days after the main period ends, and
(c)a period of consecutive days linked to a period in paragraph (a) or (b).
(8)For the purposes of this section, where arrangements for the hiring of a car include arrangements for the provision of a replacement car in the event that the first car is not available, the first car and any replacement car are to be treated as if they were the same car.
(9)In this section (and section 50B) “arrangements” includes any arrangements, scheme or understanding of any kind, whether or not legally enforceable and whether involving a single transaction or two or more transactions.
Textual Amendments
F33Ss. 50A, 50B inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 39
(1)This section applies where connected persons incur expenses on the hiring of the same car for the same period and—
(a)section 48 would (but for this section) apply to the expenses of two or more of those persons, or
(b)section 48 and section 56 of CTA 2009 would (but for this section and section 58B of that Act) each apply to the expenses of at least one of those persons.
(2)This section only applies where one or more of the persons mentioned in subsection (1)(a) or (b) incurs the expenses under commercial arrangements (and such a person is referred to below as a “commercial lessee”).
(3)In relation to the expenses mentioned in subsection (1) to which section 48 would (but for this section) apply, section 48 only applies to the following—
(a)where there is one commercial lessee, any such expenses incurred by that lessee, and
(b)where there is more than one, any such expenses incurred by the first commercial lessee in the chain of arrangements for the hiring of the car for the period.
(4)In this section—
(a)references to expenses incurred by a commercial lessee include expenses incurred in that or any other capacity, and
(b)“commercial arrangements” means arrangements the terms of which are such as would reasonably have been expected if the parties to the arrangements had been dealing at arm's length.]
Textual Amendments
F33Ss. 50A, 50B inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 39
Modifications etc. (not altering text)
C1S. 50B modified by 1988 c. 1, s. 578A(5) (as inserted (with effect in accordance with Sch. 11 paras. 65-67 of the amending Act) by Finance Act 2009 (c. 10), Sch. 11 para. 62(7))
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34S. 51 repealed (6.4.2007 with effect as noted in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 497, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)
(1)In calculating the profits of a trade, no deduction is allowed—
(a)for any tax year for the interest paid on a debt or liability in respect of which relief is given under [F35section 383 of ITA 2007](see subsection (5) below), or
(b)for any relevant tax year for other interest on the same debt or liability.
(2)A tax year is a relevant one if the interest in respect of which the relief is given could, but for the relief, have been brought into account in calculating the profits of a trade of the tax year.
(3)For the purposes of subsection (1)(b) all interest which—
(a)is capable of being brought into account in calculating the profits of a trade, and
(b)is payable by any person on money advanced to the person on current account,
is treated as interest on the same debt.
(4)It does not matter if the money is advanced—
(a)on one or more accounts, or
(b)by the same or separate banks or other persons.
(5)For the purposes of this section relief under [F35section 383 of ITA 2007] is to be treated as given only when the claim for the relief can no longer be varied (whether on appeal or otherwise).
(6)For a rule excluding relief under [F35section 383 of ITA 2007] if interest on a debt or liability is brought into account in calculating the profits of a trade, see [F36section 387(2) and (3) of that Act] .
Textual Amendments
F35Words in s. 52(1)(5)(6) substituted (6.4.2007 with effect as noted in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 498(2) (with transitional provisions and savings in Sch. 2)
F36Words in s. 52(6) substituted (6.4.2007 with effect as noted in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 498(3) (with transitional provisions and savings in Sch. 2)
(1)In calculating the profits of a trade, no deduction is allowed for any contribution paid by any person under—
(a)Part 1 of the Social Security Contributions and Benefits Act 1992 (c. 4), or
(b)Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).
(2)But this prohibition does not apply to an employer's contribution.
(3)For this purpose “an employer's contribution” means—
(a)a secondary Class 1 contribution,
(b)a Class 1A contribution, or
(c)a Class 1B contribution,
within the meaning of Part 1 of the Social Security Contributions and Benefits Act 1992 or of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
(1)In calculating the profits of a trade, no deduction is allowed for any penalty or interest mentioned in the first column of the following table.
(2)This is the table—
Penalty or interest | Description of tax, levy or duty |
---|---|
Interest under any provision of Part 9 of TMA 1970 | Income tax, capital gains tax and corporation tax |
Interest required to be paid by regulations made under section 71 of FA 2004 (construction industry) | |
Penalty under any of sections 60 to 70 of VATA 1994 | Value added tax |
Interest under section 74 [F37or 85A] of VATA 1994 | |
Penalty under any of sections 8 to 11 of FA 1994 | Excise duties |
Penalty under any of paragraphs 12 to 19 of Schedule 7 to FA 1994 | Insurance premium tax |
[F38Interest under section 60(8) of FA 1994 or paragraph 21 of Schedule 7 to FA 1994] | |
Penalty under any provision of Part 5 of Schedule 5 to FA 1996 | Landfill tax |
[F39Interest under section 56(5) of, or paragraph 26 or 27 of Schedule 5 to, FA 1996] | |
Penalty under any provision of Schedule 6 to FA 2000 | Climate change levy |
Interest under any of paragraphs 70, 81 to 85[F40, 109 and 123(6)] of that Schedule | |
Penalty under any provision of Part 2 of FA 2001 | Aggregates levy |
Interest under [F41section 42(6) of, or] any of paragraphs 5 to 9 of Schedule 5 to, paragraph 6 of Schedule 8 to and paragraph 5 of Schedule 10 [F42to, FA 2001] | |
Penalty under section 25 or 26 of FA 2003 | Customs, export and import duties |
Penalty under any provision of Part 4 of FA 2003 | Stamp duty land tax |
Interest under any provision of that Part | |
[F43Penalty under Schedule 24 to FA 2007 | Various taxes and excise duties] |
[F44Penalty under Schedule 41 to FA 2008 | Various taxes and excise duties] |
(3)In calculating the profits of a trade, no deduction is allowed for any surcharge under section 59 of VATA 1994.
Textual Amendments
F37Words in s. 54(2) table inserted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 438(2)
F38Words in s. 54(2) table substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 438(3)
F39Words in s. 54(2) table substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 438(4)
F40Words in s. 54(2) table substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 438(5)
F41Words in s. 54(2) table inserted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 438(6)(a)
F42Words in s. 54(2) table substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 438(6)(b)
F43Words in s. 54(2) table added (1.4.2009) by The Finance Act 2008, Schedule 40 (Appointed Day, Transitional Provisions and Consequential Amendments) Order 2009 (S.I. 2009/571), art. 1(1), Sch. 1 para. 28
F44Words in s. 54(2) table added (1.4.2010) by The Finance Act 2008 (Penalties for Errors and Failure to Notify etc) (Consequential Amendments) Order 2010 (S.I. 2010/530), art. 1, Sch. para. 8
(1)In calculating the profits of a trade, no deduction is allowed for expenses incurred—
(a)in making a payment if the making of the payment constitutes a criminal offence, or
(b)in making a payment outside the United Kingdom if the making of a corresponding payment in any part of the United Kingdom would constitute a criminal offence in that part.
(2)In calculating the profits of a trade, no deduction is allowed for expenses incurred in making a payment induced by a demand which constitutes—
(a)the offence of blackmail under section 21 of the Theft Act 1968 (c. 60) (England and Wales),
(b)the offence of extortion (Scotland), or
(c)the offence of blackmail under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (Northern Ireland).
Textual Amendments
F45S. 55A and cross-heading inserted (with effect in accordance with s. 73(6) of the amending Act) by Finance Act 2008 (c. 9), s. 73(4)
Section 33A(3) of CAA 2001 provides that no deduction is allowed in respect of certain expenditure on an integral feature of a building or structure (within the meaning of that section).]
Textual Amendments
F46S. 55B and cross-heading inserted (8.4.2010) (with effect in accordance with Sch. 5 para. 2(3) of the amending Act) by Finance Act 2010 (c. 13), Sch. 5 para. 2(1)
(1)Where plant or machinery (“the asset”) is leased and a rental rebate is payable by the lessor, the amount of the deduction allowable in respect of the rebate is limited to—
(a)the amount of the lessor's income from the lease, or
(b)in the case of a finance lease, that amount excluding the finance charge.
(2)“Rental rebate” means any sum payable to the lessee that is calculated by reference to the termination value of the asset.
(3)For this purpose—
(a)the termination value of an asset is the value of the asset at or about the time when the lease terminates,
(b)calculation by reference to the termination value includes calculation by reference to any one or more of—
(i)the proceeds of sale, if the asset is sold,
(ii)any insurance proceeds, compensation or similar sums in respect of the asset,
(iii)an estimate of the market value of the asset, and
(c)calculation by reference to the termination value also includes—
(i)determination in a way which, or by reference to factors or criteria which, might reasonably be expected to produce a broadly similar result to calculation by reference to the termination value, or
(ii)any other form of calculation indirectly by reference to the termination value.
(4)For the purposes of this section—
(a)the income of the lessor from the lease is the total of all the amounts receivable in connection with the lease that have been brought into account in calculating the lessor's income for income tax purposes, excluding—
(i)disposal receipts brought into account under Part 2 of CAA 2001 (see section 60(1) of that Act), and
(ii)so much of any amount as represents charges for services or qualifying UK or foreign tax (within the meaning of section 70YE of that Act) to be paid by the lessor, and
(b)the finance charge, in relation to a finance lease, is—
(i)if the lease is one that, under generally accepted accounting practice, falls (or would fall) to be treated as a loan, so much of the rentals under the lease as fall (or would fall) to be treated as interest, or
(ii)in any other case, the amount that, in accordance with generally accepted accounting practice, falls (or would fall) to be treated as the gross return on investment.
(5)Where the asset is acquired by the lessor in a transaction in relation to which an election is made under section 266 of CAA 2001 (election where predecessor and successor are connected persons), this section applies as if the successor had been the lessor at all material times and everything done to or by the predecessor had been done to or by the successor.
(6)Where the whole or part of a rental rebate is disallowed under this section as a deduction in computing profits—
(a)the amount disallowed, or
(b)if less, the amount by which the rental rebate exceeds the amount of capital expenditure incurred by the lessor,
may be treated for the purposes of capital gains tax as an allowable loss accruing to the lessor on the termination of the lease.
That allowable loss is deductible only from chargeable gains accruing to the lessor on the disposal of the asset.
(7)This section does not apply to a long funding finance lease (see section 148C).]
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