Income and Corporation Taxes Act 1988

675 Provisions supplementary to sections 671 to 674. U.K.

M1 (1) Tax chargeable by virtue of section 671, 672, 673 [F1 674 or 674A] shall be charged under Case VI of Schedule D.

(2) In computing the liability to income tax of a settlor chargeable by virtue of any of those sections the same deductions and reliefs shall be allowed as would have been allowed if the income treated as his by virtue of that section had been received by him.

(3) Where, by virtue of any of those sections, any income tax becomes chargeable on and is paid by a settlor, he shall be entitled—

(a) to recover from any trustee, or other person to whom income arises under the settlement, the amount of the tax so paid; and

(b) for that purpose to require an inspector to furnish to him a certificate specifying the amount of income in respect of which he has so paid tax and the amount of tax so paid.

Any certificate so furnished shall be conclusive evidence of the facts stated therein.

(4) Where any person obtains, in respect of any allowance or relief, a repayment of income tax in excess of the amount of the repayment to which he would, but for section 671, 672, 673 [F1 674 or 674A], have been entitled, an amount equal to the excess shall be paid by him to the trustee or other person to whom income arises under the settlement, or, where there are two or more such persons, shall be apportioned among those persons as the case may require.

If any question arises as to the amount of any payment or as to any apportionment to be made under this subsection, that question shall be decided by the General Commissioners whose decision thereon shall be final.

(5) Subject to section 833(3), any income which is treated by virtue of section 671, 672, 673 [F2 674 or 674A] as income of a settlor shall be deemed for the purpose of this section to be the highest part of his income.

Textual Amendments

F1 1989 s.109(3).Previously

“or 674”.

F2 1989 s.109(3).Previously

“or 674”.

Marginal Citations

M1 Source-1970 s.449