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Income Tax (Trading and Other Income) Act 2005

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Version Superseded: 16/12/2010

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Part 1 U.K.Overview

1Overview of ActU.K.

(1)This Act imposes charges to income tax under—

(a)Part 2 (trading income),

(b)Part 3 (property income),

(c)Part 4 (savings and investment income), and

(d)Part 5 (certain miscellaneous income).

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Exemptions from those charges are dealt with in Part 6 (exempt income) but any Part 6 exemptions which are most obviously relevant to particular types of income are also mentioned in the provisions about those types of income.

(4)What is or is not mentioned in those provisions does not limit the effect of Part 6.

(5)This Act also contains—

(a)provision about rent-a-room relief and foster-care relief (see Part 7),

(b)special rules for foreign income (see Part 8),

(c)special rules for partnerships (see Part 9), and

(d)certain calculation rules and general provisions (see Part 10).

(6)For abbreviations and defined expressions used in this Act, see section 885 and Schedule 4.

Textual Amendments

F1S. 1(2) repealed (6.4.2007 with effect as noted in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 493, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

2Overview of priority rulesU.K.

(1)This Act contains some rules establishing an order of priority in respect of certain amounts which would otherwise—

(a)fall within a charge to income tax under two or more Chapters or Parts of this Act, or

(b)fall within a charge to income tax under a Chapter or Part of this Act and ITEPA 2003.

(2)See, in particular—

  • section 4 (provisions which must be given priority over Part 2),

  • section 261 (provisions which must be given priority over Part 3),

  • section 262 (priority between Chapters within Part 3),

  • section 366 (provisions which must be given priority over Part 4),

  • section 367 (priority between Chapters within Part 4),

  • section 575 (provisions which must be given priority over Part 5), and

  • section 576 (priority between Chapters within Part 5).

(3)But the rules in those sections need to be read with other rules of law (whether in this Act or otherwise) about the scope of particular provisions or the order of priority to be given to them.

(4)Section 171(2) of FA 1993 (profits of Lloyd's underwriters charged only under Chapter 2 of Part 2 of this Act) is one example of another rule of law.

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