Income Tax (Trading and Other Income) Act 2005

665 Assumed income entitlement

(1) Whether a person has an assumed income entitlement for a tax year in respect of an absolute interest in the whole or part of the residue of an estate depends on the results of the following steps.

• Step 1

  Find the amount of the person’s share of the residuary income of the estate that is attributable to that interest for that tax year and each previous tax year during which the person had that interest (see sections 666 to 669).

• Step 2

  If the estate is a UK estate in relation to any tax year for which an amount has been found under step 1, deduct from that amount income tax on that amount at the applicable rate for that year (see section 670).

• Step 3

  Add together the amounts found under step 1 after making any deductions necessary under step 2.

• Step 4

  Add together the basic amounts relating to the person’s absolute interest in respect of which the person was liable for income tax for all previous tax years (or would have been so liable if the person had been a person liable for income tax for those years).

(2) For the purposes of this Chapter the person has an assumed income entitlement for the tax year if the amount resulting from step 3 exceeds the amount resulting from step 4.

(3) The assumed income entitlement is equal to the excess.

(4) This section is subject to—

• section 671 (successive absolute interests), and

• section 672 (successive interests: assumed income entitlement of holder of absolute interest following limited interest).