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Part 17U.K.Definitions for purposes of Act and final provisions

Definitions for the purposes of ActU.K.

1017Abbreviated references to ActsU.K.

In this Act—

Textual Amendments

F1Words in s. 1017 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. 720 (with Sch. 2 Pts. 1, 2)

F2Words in s. 1017 inserted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 570 (with Sch. 2)

1018“Act” to include Scottish and Northern Ireland legislation in some casesU.K.

(1)In the following provisions of this Act, “Act” includes an Act of the Scottish Parliament—

(2)In the following provisions of this Act, “Act” includes Northern Ireland legislation—

1019Meaning of “certificate of deposit”U.K.

In this Act “certificate of deposit” means a document—

(a)relating to the deposit of money in any currency,

(b)recognising an obligation to pay a stated principal amount to bearer or to order, with or without interest, and

(c)by the delivery of which, with or without endorsement, the right to receive that stated amount, with or without interest, is transferable.

1020Claims and electionsU.K.

(1)In this Act any reference to a claim or election is to a claim or election in writing or in any form authorised (in relation to the case in question) by directions under [F4section 43E(1) of TMA 1970].

(2)For further information about claims and elections, see TMA 1970 [F5more generally (but in] particular, section 42(2), (10) and (11) and Schedule 1A).

Textual Amendments

F4Words in s. 1020(1) substituted (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. 7 para. 93(2) (with Sch. 9 paras. 1-9, 22)

F5Words in s. 1020(2) substituted (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. 7 para. 93(3) (with Sch. 9 paras. 1-9, 22)

1021Application of definitions of “connected” persons and “control”U.K.

(1)Section 993 (meaning of “connected” persons) applies for the purposes of this Act unless otherwise indicated.

(2)Section 995 (meaning of “control”) applies for the purposes of this Act unless otherwise indicated.

1022Meaning of “debenture”U.K.

(1)In this Act “debenture” has the meaning given by [F6section 738 of the Companies Act 2006].

[F7(1A)For the meaning of “debenture” in sections 257KB(3) to (5), 257L(4), 257LA(2) and 392(3A)(a), see also sections 257KB(6), 257L(6), 257LA(4) and 392(3B).]

(2)This section does not apply for the purposes of sections 559, 560 and 691.

Textual Amendments

F7S. 1022(1A) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 11 para. 13

1023Meaning of “double taxation arrangements”U.K.

In this Act “double taxation arrangements” means arrangements which have effect under [F8section 2(1) of TIOPA 2010].

Textual Amendments

F8Words in s. 1023 substituted (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. 85 (with Sch. 9 paras. 1-9, 22)

1024Meaning of “gilt-edged securities”U.K.

In this Act “gilt-edged securities” means any securities which—

(a)are gilt-edged securities for the purposes of TCGA 1992 (see Schedule 9 to that Act), or

(b)will be such securities on the making of an order under paragraph 1 of that Schedule, if the making of the order is anticipated in the prospectus under which the securities were issued.

1025Meaning of “modified net income”U.K.

(1)For the purposes of this Act a person's modified net income for a tax year (“year X”) is the person's net income for year X calculated in accordance with Steps 1 and 2 of section 23 (calculation of income tax liability) as modified by subsection (2).

(2)In applying Steps 1 and 2 of section 23, ignore—

(a)any non-qualifying income included in the person's total income (see section 1026),

(b)any relief under Chapter 2 of Part 4 for a loss incurred or treated as incurred, or a payment made, in a tax year later than year X,

(c)any reliefs to which the person may be entitled under Chapter 4 of Part 8,

(d)any adjustment of profits resulting from a claim under Chapter 16 of Part 2 of ITTOIA 2005 (averaging profits of farmers and creative artists), if year X is [F9any earlier tax year] in relation to which the claim is made,

(e)any adjustment resulting from an election under section 257 of ITTOIA 2005 (election to carry back post-cessation receipts), and

(f)any relief or adjustment resulting from the making, amendment or revocation of a claim for relief, if the claim, amendment or revocation would have been out of time but for section 224(4) of ITTOIA 2005 (averaging profits of farmers and creative artists: extension of deadline for claiming other reliefs).

(3)This section applies for the purposes of section 427 as if subsection (2)(c) were omitted.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “claim” includes an election or notice.

Textual Amendments

F9Words in s. 1025(2)(d) substituted (with effect in accordance with s. 25(12) of the amending Act) by Finance Act 2016 (c. 24), s. 25(9)

1026Meaning of “non-qualifying income” for the purposes of section 1025U.K.

For the purposes of section 1025 an amount included in a person's total income is non-qualifying income if it is—

(a)income on which income tax is treated as paid under section 399(2) F11... of ITTOIA 2005 (distributions [F12to non-UK resident persons],

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)income on which an individual is liable to income tax as a result of section 465 of ITTOIA 2005 or trustees are so liable as a result of section 467 of that Act (gains from contracts for life insurance etc), being income to which section 530 of that Act applies (income tax treated as paid etc),

(e)income which is included in the aggregate income of an estate as a result of section 664(2)(c), (d) or (e) of ITTOIA 2005 (income arising to personal representatives and corresponding to income within paragraph (b), (c) or (d)), [F14or]

(f)income on which income tax is treated as paid under section 685A(3) of ITTOIA 2005 (settlor-interested settlements), F15...

F15(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Words in s. 1026(a) omitted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by virtue of Finance Act 2016 (c. 24), Sch. 1 para. 63(17)(a)(i)

F12Words in s. 1026(a) substituted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by Finance Act 2016 (c. 24), Sch. 1 para. 63(17)(a)(ii)

F13S. 1026(b)(c) omitted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by virtue of Finance Act 2016 (c. 24), Sch. 1 para. 63(17)(b)

F14Word in s. 1026 inserted (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. 86(a) (with Sch. 9 paras. 1-9, 22)

F15S. 1026(g) and preceding word repealed (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. 86(b), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

Final provisionsU.K.

1027Minor and consequential amendmentsU.K.

Schedule 1 (minor and consequential amendments) has effect.

1028Power to make consequential provisionU.K.

(1)The Treasury may by order make such provision as the Treasury consider appropriate in consequence of this Act.

(2)The power conferred by subsection (1) may not be exercised after 5 April 2010.

(3)An order under this section may amend, repeal or revoke any provision made by or under an Act.

(4)An order under this section may contain provision having retrospective effect.

(5)An order under this section may contain incidental, supplemental, consequential and transitional provision and savings.

1029Power to undo changesU.K.

(1)The Treasury may by order make such provision as the Treasury consider appropriate, in relation to a case in which the Treasury consider that a provision of this Act changes the effect of the law, for the purpose of returning the effect of the law to what it was immediately before 6 April 2007.

(2)The power conferred by subsection (1) may not be exercised after 5 April 2010.

(3)An order under this section may amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(4)An order under this section may contain provision having retrospective effect.

(5)An order under this section may contain incidental, supplemental, consequential and transitional provision and savings.

1030Transitional provisions and savingsU.K.

(1)Schedule 2 (transitional provisions and savings) has effect.

(2)The Treasury may by order make such transitional or saving provision as the Treasury consider appropriate in connection with the coming into force of this Act.

(3)An order under subsection (2) may contain provision having retrospective effect.

(4)At any time before section 1014 of this Act (orders and regulations) comes into force, section 828(4) of ICTA (order-making powers excluded from negative resolution procedure) has effect as if it included a reference to an order made under subsection (2) of this section.

Commencement Information

I1S. 1030 wholly in force at 6.4.2007; s. 1030(1) in force at 6.4.2007 see s. 1034(1); s. 1030(2)-(4) in force at 20.3.2007 see s. 1034(4)(b)

1031Repeals and revocationsU.K.

Schedule 3 (repeals and revocations, including of spent enactments) has effect.

1032Index of defined expressionsU.K.

(1)Schedule 4 (index of defined expressions that apply for the purposes of this Act) has effect.

(2)That Schedule lists the places where some of the expressions used in this Act are defined or otherwise explained.

1033ExtentU.K.

(1)This Act extends to England and Wales, Scotland and Northern Ireland (but see subsection (2)).

(2)An amendment, repeal or revocation contained in Schedule 1 or 3 has the same extent as the provision amended, repealed or revoked.

1034CommencementU.K.

(1)This Act comes into force on 6 April 2007 and has effect—

(a)for income tax purposes, for the tax year 2007-08 and subsequent tax years, and

(b)for corporation tax purposes, for accounting periods ending after 5 April 2007.

(2)Subsection (1) is subject to subsections (3) and (4).

(3)The following—

(a)Part 5 (enterprise investment scheme),

(b)Part 3 of Schedule 1 (consequential amendment associated with Part 5), and

(c)Part 2 of Schedule 3 (repeals so associated),

do not have effect in relation to shares issued before 6 April 2007.

This is subject to Schedule 2 (transitional provisions and savings).

(4)Subsection (1) does not apply to the following provisions of this Act (which therefore come into force on the day on which this Act is passed)—

(a)in Part 15, section 852, and

(b)in this Part, sections 1017, 1018, 1028, 1029, 1030(2) to (4) and 1033, this section and section 1035.

1035Short titleU.K.

This Act may be cited as the Income Tax Act 2007.