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- Point in Time (06/04/2024)
- Original (As enacted)
Point in time view as at 06/04/2024.
There are currently no known outstanding effects for the Income Tax (Trading and Other Income) Act 2005, Cross Heading: Periods of account not ending on 5th April.
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[F1(1)]Sections 822 and 823 (which deal with the period of account of a trade not ending on 5th April) apply if—
(a)an individual qualifies for [F2qualifying care] relief for a tax year,
(b)the individual's [F3qualifying care] receipts for the tax year are the receipts of a trade, and
(c)the period of account in which those receipts accrue does not end on 5th April in the tax year.
[F4(2)Where [F5the profits of the trade are required under section 24A to be calculated on the cash basis], any reference in this section or sections 821 to 823 to the period of account in which receipts accrue is to be read as a reference to the period of account in which receipts are received.]
Textual Amendments
F1S. 820(1): s. 820 renumbered as s. 820(1) (with effect in accordance with Sch. 4 paras. 56, 57 of the amending Act) by Finance Act 2013 (c. 29), Sch. 4 para. 43(a)
F2Words in s. 820(a) substituted (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 21 (with Sch. 1 para. 37)
F3Words in s. 820(b) substituted (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 21 (with Sch. 1 para. 37)
F4S. 820(2) inserted (with effect in accordance with Sch. 4 paras. 56, 57 of the amending Act) by Finance Act 2013 (c. 29), Sch. 4 para. 43(b)
F5Words in s. 820(2) substituted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 34, 47 (with Sch. 10 paras. 48-50)
(1)For the purposes of sections 822 and 823 the “relevant limit” for a period of account in which the individual's [F6qualifying care] receipts accrue is found by adding—
(a)the fixed amount for the tax year in which that period ends or (as the case may be) the individual's share of the fixed amount for that year (found in accordance with sections 808 to 810), and
(b)for each of the tax years in which the period of account falls, each amount per [F7adult or] child for the individual for each part of the period of account falling in that tax year.
(2)For this purpose an individual's amount per [F8adult or] child for a part of the period of account is each amount that would be the individual's amount per [F8adult or] child under section 811 for the tax year in which the part falls if that part were the income period for that year.
Textual Amendments
F6Words in s. 821(1) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 22(2)(a) (with Sch. 1 para. 37)
F7Words in s. 821(1)(b) inserted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 22(2)(b) (with Sch. 1 para. 37)
F8Words in s. 821(2) inserted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 22(3) (with Sch. 1 para. 37)
(1)This section applies if the individual's total [F9qualifying care] receipts for the period of account do not exceed the individual's relevant limit for the period.
(2)The profits or losses of the trade for the tax year are treated as nil.
Textual Amendments
F9Words in s. 822(1) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 23 (with Sch. 1 para. 37)
(1)This section applies if—
(a)the individual's total [F10qualifying care] receipts for the period of account exceed the individual's relevant limit for the period, and
(b)the individual makes an election under this section.
(2)The profits of the trade for the tax year are—
(a)the individual's total [F11qualifying care] receipts for the period of account, less
(b)the individual's relevant limit for the period.
(3)Sections 818(2) and (3) and 819 (adjustment of assessment) apply for the purposes of an election under this section as they apply for the purposes of an election under those sections.
Textual Amendments
F10Words in s. 823(1)(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 24 (with Sch. 1 para. 37)
F11Words in s. 823(2)(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 24 (with Sch. 1 para. 37)
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