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Part 4 U.K.Savings and investment income

Chapter 2U.K.Interest

Charge to tax on interestU.K.

369Charge to tax on interestU.K.

(1)Income tax is charged on interest.

(2)The following sections extend what is treated as interest for certain purposes—

(3)For exemptions, see in particular—

(a)Chapter 2 of Part 6 (national savings income),

(b)Chapter 3 of Part 6 (income from individual investment plans),

(c)Chapter 4 of Part 6 (SAYE interest),

(d)Chapter 6 of Part 6 (income from FOTRA securities),

(e)sections 749 to [F1756A](interest arising from repayment supplements, tax reserve certificates, damages for personal injury, employees' share schemes, repayments of student loans, the redemption of funding bonds [F2, certain foreign currency securities and interest on certain deposits of victims of National-Socialist persecution)] , and

(f)sections 757 to 767 (interest and royalty payments).

(4)Subsection (1) is also subject to [F3Chapter 3 of Part 12 of ITA 2007 (exemption for interest on securities to which Chapter 2 of that Part applies)] .

Textual Amendments

F1Word in s. 369(3)(e) substituted (19.7.2006) by Finance Act 2006 (c. 25), s. 64(1)(a)

F2Words in s. 369(3)(e) substituted (19.7.2006) by Finance Act 2006 (c. 25), s. 64(1)(b)

F3Words in s. 369(4) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 513 (with transitional provisions and savings in Sch. 2)

370Income chargedU.K.

(1)Tax is charged under this Chapter on the full amount of the interest arising in the tax year.

(2)Subsection (1) is subject to Part 8 (foreign income: special rules).

371Person liableU.K.

The person liable for any tax charged under this Chapter is the person receiving or entitled to the interest.

Other income taxed as interestU.K.

372Building society dividendsU.K.

(1)Any dividend paid by a building society is treated as interest for the purposes of this Act.

(2)In this section “dividend[F4includes any distribution (whether or not described as a dividend)] .

Textual Amendments

F4Words in s. 372(2) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 514 (with transitional provisions and savings in Sch. 2)

373Open-ended investment company interest distributionsU.K.

(1)This section applies if the distribution accounts of an open-ended investment company show the total amount available for distribution to owners of shares in the company as available for distribution as yearly interest.

(2)Subsection (1) is subject to [F5subsection (7)] .

(3)For income tax purposes payments of yearly interest are treated as made to the owners of the shares by the company.

(4)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The amount of the payment treated as made to each owner is so much of the total amount mentioned in subsection (1) as is proportionate to the owner's shares.

(6)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply if the open-ended investment company is an approved personal pension scheme.

(8)See section 375 for the interpretation of this section and section 374.

Textual Amendments

F5Words in s. 373(2) substituted (1.4.2006 with effect as mentioned in reg. 1(2) of the amending S.I.) by The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964), reg. 91(2)

F6S. 373(4)(6) repealed (with effect as mentioned in the commencing S.I.) by Finance (No. 2) Act 2005 (c. 22), ss. 17(1)(d), 19(1), 70, Sch. 11 Pt. 2(3); S.I. 2006/982, art. 2

374Date when interest payments under section 373 madeU.K.

(1)This section applies for determining the date on which payments of interest under section 373 are treated as made.

(2)The date on which the payments are treated as made depends on whether a date is specified for any distribution for the distribution period in question by or in accordance with—

(a)the company's instrument of incorporation and its prospectus in issue for the time being (including any supplements), or

(b)in the case of an open-ended investment company which is part of an umbrella company, such parts of those documents of the umbrella company as apply to the open-ended investment company.

(3)If such a date is so specified, the payments are treated as made on that date.

(4)If no such date is so specified, the payments are treated as made on the last day of that period.

375Interpretation of sections 373 and 374U.K.

(1)In sections 373 and 374 and this section—

(2)In subsection (1) “accumulation share” means a share in respect of which income is credited periodically to the capital part of the company's scheme property.

(3)In subsection (2) “scheme property” has the same meaning as in Chapter 3 of Part 12 of ICTA (unit trust schemes etc.) (see section 468(10) and (13) of ICTA, as inserted by regulation 10 of the OEIC Regulations).

376Authorised unit trust interest distributionsU.K.

(1)This section applies if the distribution accounts of an authorised unit trust show the total amount available for distribution to unit holders as available for distribution as yearly interest.

(2)Subsection (1) is subject to [F7subsection (7)] .

(3)For income tax purposes payments of yearly interest are treated as made to the unit holders.

(4)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The amount of the payment treated as made to each unit holder is so much of the total amount mentioned in subsection (1) as is proportionate to the unit holder's rights.

(6)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply if the authorised unit trust is an approved personal pension scheme.

(8)See section 378 for the interpretation of this section and section 377.

Textual Amendments

F7Words in s. 376(2) substituted (1.4.2006 with effect as mentioned in reg. 1(2) of the amending S.I.) by The Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/964), reg. 91(3)

F8S. 376(4)(6) repealed (with effect as mentioned in the commencing S.I.) by Finance (No. 2) Act 2005 (c. 22), ss. 17(1)(e), 19(1), 70, Sch. 11 Pt. 2(3); S.I. 2006/982, art. 2

377Date when interest payments under section 376 madeU.K.

(1)This section applies for determining the date on which payments of interest under section 376 are treated as made.

(2)The date on which the payments are treated as made depends on whether a date is specified by or in accordance with the trust's terms for any distribution for the distribution period in question.

(3)If such a date is so specified, the payments are treated as made on that date.

(4)If no such date is so specified, the payments are treated as made on the last day of that period.

378Interpretation of sections 376 and 377U.K.

In sections 376 and 377—

379Industrial and provident society paymentsU.K.

(1)Any dividend, bonus or other sum payable to a shareholder in—

(a)a registered industrial and provident society, or

(b)a UK agricultural or fishing co-operative,

is treated as interest for income tax purposes if it is payable by reference to the amount of the shareholder's holding in its share capital.

(2)In subsection (1)—

(3)In subsection (2) “co-operative association” means a body with a written constitution from which the Secretary of State considers that it is in substance a co-operative association.

(4)For the purposes of subsection (3), the Secretary of State must have regard to the way in which the body's constitution provides for its income to be applied for its members' benefit and all other relevant provisions.

(5)In Northern Ireland subsections (3) and (4) apply with the substitution for “the Secretary of State” of “ the Department of Agriculture and Rural Development” ”.

380Funding bondsU.K.

(1)This section applies to the issue of funding bonds to a creditor in respect of a liability to pay interest on a debt incurred by a government, public institution, other public authority or body corporate.

(2)The issue is treated for income tax purposes as if it were the payment of so much of that interest as equals the market value of the bonds at their issue.

(3)In this section “funding bonds” includes any bonds, stocks, shares, securities or certificates of indebtedness.

Modifications etc. (not altering text)

C1S. 380 modified (7.4.2005) by Finance Act 2005 (c. 7), s. 55, Sch. 2 para. 10

381DiscountsU.K.

(1)All discounts, other than discounts in deeply discounted securities, are treated as interest for the purposes of this Act.

(2)In this section “deeply discounted securities” means securities to which Chapter 8 of this Part applies (profits from deeply discounted securities).