Law

Income Tax (Trading and Other Income) Act 2005

United Kingdom · statute

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In force since 2026-07-15, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 1,235 provisions
  1. Title and introductory text
  2. 1 Overview of Act
  3. 2 Overview of priority rules
  4. 3 Overview of Part 2
  5. 4 Provisions which must be given priority over Part 2
  6. 5 Charge to tax on trade profits
  7. 6 Territorial scope of charge to tax
  8. 6A Arrangements for avoiding tax
  9. 6B Trade of dealing in or developing UK land
  10. 7 Income charged
  11. 7A Apportionment etc of profits to tax year
  12. 7B Rule if trader starts to carry on trade after 31 March
  13. 7C Rule if there is a late accounting date
  14. 7D Election to disapply late accounting date rules
  15. 8 Person liable
  16. 9 Farming and market gardening
  17. 10 Commercial occupation of land other than woodlands
  18. 11 Commercial occupation of woodlands
  19. 12 Profits of mines, quarries and other concerns
  20. 13 Visiting performers
  21. 14 Visiting performers: supplementary
  22. 15 Divers and diving supervisors
  23. 16 Oil extraction and related activities
  24. 16A Voluntary office-holders: compensation for lost profits
  25. 16B Payments to company directors
  26. 16C Professionals in practice: incidental income from an office or employment
  27. 17 Effect of becoming or ceasing to be a UK resident
  28. 18 Effect of company starting or ceasing to be within charge to income tax
  29. 19 Tied premises
  30. 20 Caravan sites where trade carried on
  31. 21 Surplus business accommodation
  32. 22 Payments for wayleaves
  33. 22A Trading allowance
  34. 23 Rent-a-room and qualifying care relief
  35. 23A Application of section 23E: conditions
  36. 23B Meaning of “relevant benefit”
  37. 23C Meaning of “qualifying third party payment”
  38. 23D Other definitions
  39. 23E Tax treatment of relevant benefits
  40. 23F Relevant benefits: persons other than T
  41. 23G Anti-avoidance
  42. 23H Double taxation
  43. 23I Tax treatment of carried interest
  44. 23J Election to disapply section 23I
  45. 23K Location of trade treated as carried on under section 23I etc
  46. 23L Carried interest arising where individual deceased
  47. 23M Temporary non-UK residents: tax treatment of accrued carried interest gains
  48. 23N Permitted deduction etc
  49. 23P Carried interest: anti-avoidance
  50. 23Q Carried interest: avoidance of double taxation
  51. 23R Definitions
  52. 24 Professions and vocations
  53. 24A Cash basis to apply by default
  54. 25 Generally accepted accounting practice
  55. 25A Cash basis for small businesses
  56. 25B Excluded trades
  57. 25C Election for profits to be calculated in accordance with GAAP
  58. 26 Losses calculated on same basis as profits
  59. 27 Receipts and expenses
  60. 28 Items treated under CAA 2001 as receipts and expenses
  61. 28A Money's worth
  62. 29 Interest
  63. 30 Animals kept for trade purposes
  64. 31 Relationship between rules prohibiting and allowing deductions
  65. 31A Conditions to be met for profits to be calculated on cash basis
  66. 31B Relevant maximum
  67. 31C Excluded persons
  68. 31D Effect of election under section 25A
  69. 31E Calculation of profits on cash basis
  70. 31F Overview of rest of Part 2 as it applies to cash basis
  71. 32 Professions and vocations
  72. 32A Application of Chapter to the cash basis
  73. 33 Capital expenditure
  74. 33A Cash basis: capital expenditure
  75. 34 Expenses not wholly and exclusively for trade and unconnected losses
  76. 35 Bad and doubtful debts
  77. 36 Unpaid remuneration
  78. 37 Unpaid remuneration: supplementary
  79. 38 Restriction of deductions
  80. 39 Making of “employee benefit contributions”
  81. 40 Provision of qualifying benefits
  82. 41 Timing and amount of certain qualifying benefits
  83. 42 Provision or payment out of employee benefit contributions
  84. 43 Profits calculated before end of 9 month period
  85. 44 Interpretation of sections 38 to 44
  86. 45 Business entertainment and gifts: general rule
  87. 46 Business entertainment: exceptions
  88. 47 Business gifts: exceptions
  89. 48 Car ... hire
  90. 49 Car ... hire: supplementary
  91. 50 Hiring cars (but not motor cycles) with low carbon dioxide emissions
  92. 50A Short-term hiring in and long-term hiring out
  93. 50B Connected persons: application of section 48
  94. 51 Patent royalties
  95. 51A Cash basis: interest payments on loans
  96. 52 Exclusion of double relief for interest
  97. 53 Social security contributions
  98. 54 Penalties , interest and VAT surcharges and interest
  99. 55 Crime-related payments
  100. 55A Expenditure on integral features
  101. 55B Rental rebates
  102. 56 Professions and vocations
  103. 56A Application of Chapter to the cash basis
  104. 57 Pre-trading expenses
  105. 57A Expenses incurred by traders on food and drink
  106. 57B Cash basis: interest payments on loans
  107. 58 Incidental costs of obtaining finance
  108. 59 Convertible loans and loan stock etc.
  109. 60 Tenants under taxed leases: introduction
  110. 61 Tenants occupying land for purposes of trade treated as incurring expenses
  111. 62 Limit on deductions if tenant entitled to mineral extraction allowance
  112. 63 Tenants dealing with land as property employed for purposes of trade
  113. 64 Restrictions on section 61 expenses: lease premium receipts
  114. 65 Restrictions on section 61 expenses: lease of part of premises
  115. 66 Corporation tax receipts under ICTA treated as taxed receipts
  116. 67 Restrictions on section 61 expenses: corporation tax receipts under ICTA
  117. 68 Replacement and alteration of trade tools
  118. 69 Payments for restrictive undertakings
  119. 70 Employees seconded to charities and educational establishments
  120. 71 Educational establishments
  121. 72 Payroll deduction schemes: contributions to agents' expenses
  122. 73 Counselling and other outplacement services
  123. 74 Retraining courses
  124. 75 Retraining courses: recovery of tax
  125. 76 Redundancy payments and approved contractual payments
  126. 77 Payments in respect of employment wholly in employer's trade
  127. 78 Payments in respect of employment in more than one capacity
  128. 79 Additional payments
  129. 79A Additional payments: change in the persons carrying on the trade
  130. 80 Payments made by the Government
  131. 81 Personal security expenses
  132. 82 Contributions to local enterprise organisations or urban regeneration companies
  133. 83 Meaning of “local enterprise organisation”
  134. 84 Approval of local enterprise agencies
  135. 85 Supplementary provisions with respect to approvals
  136. 86 Meaning of “urban regeneration company”
  137. 86A Contributions to flood and coastal erosion risk management projects
  138. 86B Interpretation of section 86A
  139. 87 Expenses of research and development
  140. 88 Payments to research associations, universities etc.
  141. 89 Expenses connected with patents
  142. 90 Expenses connected with designs or trade marks
  143. 91 Payments to Export Credits Guarantee Department
  144. 92 Expenses connected with foreign trades
  145. 93 Allocation of expenses
  146. 94 Family expenses
  147. 94A Costs of setting up SAYE option scheme or CSOP scheme
  148. 94AA Deductions in relation to salaried members
  149. 94B Professions and vocations
  150. 94C Provisions not applicable to certain firms
  151. 94D Expenditure on vehicles
  152. 94E Excluded vehicles
  153. 94F The appropriate mileage amount
  154. 94G Definitions of types of vehicle
  155. 94H Use of home for business purposes
  156. 94I Premises used both as a home and as business premises
  157. 95 Professions and vocations
  158. 95A Application of Chapter to the cash basis
  159. 96 Capital receipts
  160. 96A Capital receipts under, or after leaving, cash basis
  161. 96B Section 96A: supplementary provision
  162. 97 Debts incurred and later released
  163. 97A Cash basis: value of trading stock on cessation of trade
  164. 97B Cash basis: value of work in progress on cessation of profession or vocation
  165. 98 Acquisition of trade: receipts from transferor's trade
  166. 99 Reverse premiums
  167. 100 Excluded cases
  168. 101 Tax treatment of reverse premiums
  169. 102 Arrangements not at arm's length
  170. 103 Connected persons and property arrangements
  171. 104 Distribution of assets of mutual concerns
  172. 105 Industrial development grants
  173. 106 Sums recovered under insurance policies etc.
  174. 106A Professions and vocations
  175. 106B Application of Chapter
  176. 106C Amounts not reflecting commercial transactions
  177. 106D Capital receipts
  178. 106E Gifts to charities etc
  179. 107 Professions and vocations
  180. 108 Gifts of trading stock to charities etc.
  181. 109 Receipt by donor or connected person of benefit attributable to certain gifts
  182. 110 Meaning of “designated educational establishment”
  183. 111 Election for application of herd basis rules
  184. 111A Herd basis rules not to apply where cash basis used
  185. 112 Meaning of “animal”, “herd”, “production herd” etc.
  186. 113 Other interpretative provisions
  187. 114 Initial cost of herd and value of herd
  188. 115 Addition of animals to herd
  189. 116 Replacement of animals in herd
  190. 117 Amount of receipt if old animal slaughtered under disease control order
  191. 118 Sale of animals from herd
  192. 119 Sale of whole or substantial part of herd
  193. 120 Acquisition of new herd begun within 5 years of sale
  194. 121 Section 120: sale for reasons outside farmer's control
  195. 122 Replacement of part sold begun within 5 years of sale
  196. 123 Section 122: sale for reasons outside farmer's control
  197. 124 Herd basis elections
  198. 125 Five year gap in which no production herd kept
  199. 126 Slaughter under disease control order
  200. 127 Preventing abuse of the herd basis rules
  201. 128 Information if election made
  202. 129 Further assessment etc. if herd basis rules apply
  203. 130 Expenditure to which this Chapter applies
  204. 130A Chapter not to apply where cash basis used
  205. 131 Meaning of “film” and related expressions
  206. 132 Meaning of “original master version” and “certified master version”
  207. 133 Meaning of “relevant period”
  208. 134 Expenditure treated as revenue in nature
  209. 135 Allocation of production or acquisition expenditure to relevant periods
  210. 136 Application of provisions about certified master versions
  211. 137 Certified master versions: preliminary expenditure
  212. 138 Certified master versions: production expenditure
  213. 138A Certified master versions: acquisition expenditure
  214. 139 Certified master versions: production expenditure on limited-budget films
  215. 140 Certified master versions: acquisition expenditure on limited-budget films
  216. 140A “Disqualifying deduction”
  217. 141 “Total production expenditure in respect of the original master version”
  218. 142 When expenditure is incurred
  219. 142A Deferred income agreements which exist when deduction made
  220. 142B Meaning of “deferred income agreement in respect of a film”
  221. 142C Deferred income agreements entered into after deduction made
  222. 142D Meaning of the “net excess relief”
  223. 142E Sections 142A to 142D: time of entry into an agreement
  224. 143 Election for sections 134 to 140 not to apply
  225. 144 Meaning of “genuinely intended for theatrical release”
  226. 144A Chapter not to apply where cash basis used
  227. 145 Professions and vocations
  228. 146 Meaning of “relevant telecommunication right”
  229. 147 Expenditure and receipts treated as revenue in nature
  230. 148 Credits or debits arising from revaluation
  231. 148ZA Chapter not to apply where cash basis used
  232. 148A Lessor under long funding finance lease: rental earnings
  233. 148B Lessor under long funding finance lease: exceptional items
  234. 148C Lessor under long funding finance lease making termination payment
  235. 148D Lessor under long funding operating lease: periodic deduction
  236. 148DA “Starting value”: general
  237. 148DB “Starting value” where plant or machinery originally unqualifying
  238. 148E Long funding operating lease: lessor's additional expenditure
  239. 148EA Determination of remaining residual value resulting from lessor's first additional expenditure
  240. 148EB Determination of remaining residual value resulting from lessor's further additional expenditure
  241. 148F Lessor under long funding operating lease: termination of lease
  242. 148FA Cases where ss. 148A to 148F do not apply: plant or machinery held as trading stock
  243. 148FB Cases where ss. 148A to 148F do not apply: lessor also lessee under non-long funding lease
  244. 148FC Cases where ss. 148A to 148F do not apply: other avoidance
  245. 148FD Cases where ss 148A to 148F do not apply: films
  246. 148G Lessee under long funding finance lease: limit on deductions
  247. 148GA Lessee under long funding finance leases: right-of-use leases
  248. 148H Lessee under long funding finance lease: termination
  249. 148I Lessee under long funding operating lease
  250. 148J Interpretation of Chapter 10A
  251. 148K Application of Chapter to the cash basis
  252. 149 Taxation of amounts taken to reserves
  253. 150 Conversion etc. of securities held as circulating capital
  254. 151 Exchanges of gilts for gilt strips
  255. 152 Consolidation of gilt strips
  256. 153 Meaning of “gilt-edged security” and “strip”
  257. 154 Regulations for determining market value of securities or strips
  258. 154A Certain non-UK residents with interest on 3½% War Loan 1952 Or After
  259. 155 Levies and repayments under FISMA 2000
  260. 156 Purchase or sale of woodlands
  261. 157 Relief in respect of mineral royalties
  262. 158 Lease premiums etc: reduction of receipts
  263. 159 Ministers of religion
  264. 160 Alternative basis of calculation in early years of practice
  265. 161 Mineral exploration and access
  266. 162 Payments by persons liable to pool betting duty
  267. 163 Deduction for deemed employment payment
  268. 164 Special rules for partnerships
  269. 164A Deduction for deemed employment payments
  270. 164B Intermediaries providing worker's services to public sector
  271. 165 Deduction for site preparation expenditure
  272. 166 Allocation of site preparation expenditure
  273. 167 Site preparation expenditure: supplementary
  274. 168 Site restoration payments
  275. 169 Cemeteries and crematoria: interests in land
  276. 170 Deduction for capital expenditure
  277. 171 Allocation of ancillary capital expenditure
  278. 172 Exclusion of expenditure met by subsidies
  279. 172ZA Niches, memorials and inscriptions: introduction
  280. 172ZB Allowable deductions: niches
  281. 172ZC Allowable deductions: memorials
  282. 172ZD Allowable deductions: inscriptions
  283. 172ZE Costs of the building
  284. 172A Meaning of “trading stock”
  285. 172AA Chapter not to apply where cash basis used
  286. 172B Trading stock appropriated by trader
  287. 172C Trading stock supplied by trader
  288. 172D Disposals not made in the course of trade
  289. 172E Acquisitions not made in the course of trade
  290. 172F Transfer pricing rules to take precedence
  291. 173 Valuation of trading stock on cessation
  292. 174 Meaning of “trading stock”
  293. 175 Basis of valuation of trading stock
  294. 176 Sale basis of valuation: sale to unconnected person
  295. 177 Sale basis of valuation: sale to connected person
  296. 178 Sale basis of valuation: election by connected persons
  297. 179 Connected persons
  298. 180 Cost to buyer of stock valued on sale basis of valuation
  299. 181 Meaning of “sale” and related expressions
  300. 182 Valuation of work in progress on cessation
  301. 183 Meaning of “work in progress”
  302. 184 Basis of valuation of work in progress
  303. 185 Election for valuation at cost
  304. 186 Determination of questions ...
  305. 187 Professions and vocations
  306. 188 Application of Chapter
  307. 188A Chapter not to apply where cash basis used
  308. 189 Relief for unremittable amounts
  309. 190 Restrictions on relief
  310. 191 Withdrawal of relief
  311. 191A Chapter not to apply where cash basis used
  312. 192 Meaning of “know-how” etc.
  313. 193 Disposal of know-how if trade continues to be carried on
  314. 194 Disposal of know-how as part of disposal of all or part of a trade
  315. 195 Seller controlled by buyer etc.
  316. 196 Professions and vocations
  317. 197 Meaning of “accounting date”
  318. 198 General rule
  319. 199 First tax year
  320. 200 Second tax year
  321. 201 Tax year in which there is no accounting date
  322. 202 Final tax year
  323. 203 Apportionment etc. of profits to basis periods
  324. 204 Meaning of “overlap period” and “overlap profit”
  325. 204A Overlap profit and trading allowance under Chapter 1 of Part 6A
  326. 205 Deduction for overlap profit in final tax year
  327. 206 Restriction on bringing losses into account twice
  328. 207 Treatment of business start-up payments received in an overlap period
  329. 208 When the late accounting date rules apply
  330. 209 Rule if there is an accounting date
  331. 210 Rules if there is no accounting date
  332. 211 Treating middle date as accounting date
  333. 212 Consequence of treating middle date as accounting date
  334. 213 Circumstances in which middle date not treated as accounting date
  335. 214 When a change of accounting date occurs
  336. 215 Change of accounting date in third tax year
  337. 216 Change of accounting date in later tax year
  338. 217 Conditions for basis period to end with new accounting date
  339. 218 Commercial reasons for change of accounting date
  340. 219 The year after an ineffective change of accounting date
  341. 220 Deduction for overlap profit on change of accounting date
  342. 221 Claim for averaging of fluctuating profits
  343. 221A Claim not available where cash basis used
  344. 222 Circumstances in which claim for two-year averaging may be made
  345. 222A Circumstances in which claim for five-year averaging may be made
  346. 223 Adjustment of profits
  347. 224 Effect of adjustment
  348. 225 Effect of later adjustment of profits
  349. 225ZA Application of Chapter 16ZA
  350. 225ZAA Chapter not to apply where cash basis used
  351. 225ZB Right to make claim
  352. 225ZC Book value
  353. 225ZD Effect of claim for spreading profits
  354. 225ZE Adjustment: cessation of trading
  355. 225ZF Time limits etc for spreading claim
  356. 225ZG Interpretation
  357. 225ZH Chapter not to apply where cash basis used
  358. 225A Meaning of “oil extraction activities”
  359. 225B Meaning of “oil rights”
  360. 225C Meaning of “ring fence income”
  361. 225D Meaning of “ring fence trade”
  362. 225E Other definitions
  363. 225F Valuation where market value taken into account under section 2 of OTA 1975
  364. 225G Valuation where disposal not sale at arm's length
  365. 225H Valuation where excess of nominated proceeds
  366. 225I Valuation where relevant appropriation but no disposal
  367. 225J Valuation where appropriation to refining etc
  368. 225K Reduction of expenditure by reference to regional development grant
  369. 225L Adjustment as a result of regional development grant
  370. 225M Tariff receipts etc
  371. 225N Expenditure on abandonment guarantees
  372. 225O Relief for reimbursement expenditure under abandonment guarantees
  373. 225P Payment under abandonment guarantee not immediately applied
  374. 225Q Amounts excluded from section 225O(1)
  375. 225R Introduction to section 225S
  376. 225S Relief for expenditure incurred by a participator in meeting defaulter's abandonment expenditure
  377. 225T Reimbursement by defaulter in respect of certain abandonment expenditure
  378. 225U Interest on repayment of APRT
  379. 225V Receipts arising from decommissioning
  380. 226 Professions and vocations
  381. 227 Application of Chapter
  382. 227A Application of Chapter where cash basis used
  383. 227B Cash basis treatment: full relief under Chapter 1 of Part 6A (trading allowance)
  384. 227C Application of Chapter where section 227B applies
  385. 228 Adjustment income and adjustment expense
  386. 229 Income charged
  387. 230 Person liable
  388. 231 Calculation of the adjustment
  389. 232 Treatment of adjustment income
  390. 233 Treatment of adjustment expense
  391. 234 No adjustment for certain expenses previously brought into account
  392. 235 Cases where adjustment not required until assets realised or written off
  393. 236 Change from realisation basis to mark to market
  394. 237 Election for spreading if section 236 applies
  395. 238 Spreading on ending of exemption for barristers and advocates
  396. 239 Election to accelerate charge under section 238
  397. 239A Spreading on leaving cash basis
  398. 239B Election to accelerate charge under section 239A
  399. 240 Liability of personal representatives if person liable dies
  400. 240A Professions and vocations
  401. 240B “Entering the cash basis”
  402. 240C Unrelieved qualifying expenditure: Parts 2, 7 and 8 of CAA 2001
  403. 240CA Unrelieved qualifying expenditure: Part 5 of CAA 2001
  404. 240D Assets not fully paid for
  405. 240E Effect of election where predecessor and successor are connected persons
  406. 241 Professions and vocations
  407. 242 Charge to tax on post-cessation receipts
  408. 243 Extent of charge to tax
  409. 244 Income charged
  410. 245 Person liable
  411. 246 Basic meaning of “post-cessation receipt”
  412. 247 Other rules about what counts as post-cessation receipts
  413. 248 Debts paid after cessation
  414. 249 Debts released after cessation
  415. 250 Receipts relating to post-cessation expenditure
  416. 251 Transfer of rights if transferee does not carry on trade
  417. 252 Transfer of trading stock or work in progress
  418. 253 Lump sums paid to personal representatives for copyright etc.
  419. 254 Allowable deductions
  420. 255 Further rules about allowable deductions
  421. 256 Treatment of post-cessation receipts
  422. 257 Election to carry back
  423. 258 Changes in trustees and personal representatives
  424. 259 Meaning of “statutory insolvency arrangement”
  425. 260 Overview of Part 3
  426. 261 Provisions which must be given priority over Part 3
  427. 262 Priority between Chapters within Part 3
  428. 263 Introduction
  429. 264 UK property business
  430. 265 Overseas property business
  431. 266 Meaning of “generating income from land”
  432. 267 Activities not for generating income from land
  433. 268 Charge to tax on profits of a property business
  434. 269 Territorial scope of charge to tax
  435. 270 Income charged
  436. 271 Person liable
  437. 271A Basis of calculation of profits: GAAP required
  438. 271B Calculation of profits in accordance with GAAP
  439. 271C Basis of calculation of profits: cash basis required
  440. 271D Calculation of profits on the cash basis
  441. 271E Profits of a property business: application of trading income rules
  442. 272 Application of trading income rules: GAAP
  443. 272ZA Application of trading income rules: cash basis
  444. 272A Restricting deductions for finance costs related to residential property
  445. 272B Meaning of “costs of a dwelling-related loan”
  446. 273 Amounts not brought into account as part of a property business
  447. 274 Relationship between rules prohibiting and allowing deductions
  448. 274A Reduction for individuals: entitlement
  449. 274AA Reduction for individuals: calculation
  450. 274B Reduction for accumulated or discretionary trust income: entitlement
  451. 274C Reduction for accumulated or discretionary trust income: calculation
  452. 275 Apportionment etc. of profits to tax year
  453. 275A Rule if person starts to carry on business after 31 March
  454. 275B Rule if there is a late accounting date
  455. 275C Election to disapply late accounting date rules
  456. 276 Introduction
  457. 276A Application of Chapter to property businesses using cash basis
  458. 277 Lease premiums
  459. 278 Amount treated as lease premium where work required
  460. 279 Sums payable instead of rent
  461. 280 Sums payable for surrender of lease
  462. 281 Sums payable for variation or waiver of terms of lease
  463. 281A Sums to which sections 277 to 281 do not apply
  464. 282 Assignments for profit of lease granted at undervalue
  465. 283 Provisions supplementary to section 282
  466. 284 Sales with right to reconveyance
  467. 285 Sale and leaseback transactions
  468. 286 Provisions supplementary to sections 284 and 285
  469. 287 Circumstances in which additional calculation rule applies
  470. 288 The additional calculation rule
  471. 289 The additional calculation rule: special cases
  472. 290 Meaning of “unused amount” and “unreduced amount”
  473. 291 Deductions for expenses under section 292
  474. 292 Tenants under taxed leases treated as incurring expenses
  475. 293 Restrictions on section 292 expenses: the additional calculation rule
  476. 294 Restrictions on section 292 expenses: lease of part of premises
  477. 295 Limit on reductions and deductions
  478. 296 Corporation tax receipts treated as taxed receipts
  479. 297 Taking account of reductions in corporation tax receipts
  480. 298 Taking account of deductions for rent as a result of section 37(4) or 87(2) of ICTA
  481. 299 Payment of tax by instalments
  482. 300 Statement of accuracy for purposes of section 282
  483. 301 Claim for repayment of tax payable by virtue of section 284
  484. 302 Claim for repayment of tax payable by virtue of section 285
  485. 302A Appeals against proposed determinations
  486. 302B Section 302A: supplementary
  487. 302C Determination by tribunal
  488. 303 Rules for determining effective duration of lease
  489. 304 Applying the rules in section 303
  490. 305 Information about effective duration of lease
  491. 306 Provisions about premiums
  492. 307 Interpretation
  493. 307A Cash basis: application of Chapter
  494. 307B Cash basis: capital expenditure
  495. 307C Cash basis: deduction for costs of loans
  496. 307D Cash basis: modification of deduction for costs of loans
  497. 307E Capital receipts under, or after leaving, cash basis
  498. 307F Deemed capital receipts under, or after leaving, cash basis
  499. 307G Property allowance
  500. 308 Furnished lettings
  501. section-308A
  502. section-308B
  503. section-308C
  504. 309 Rent-a-room relief
  505. 310 Acquisition of business: receipts from transferor's UK property business
  506. 311 Reverse premiums
  507. 311A Replacement domestic items relief
  508. 312 Deduction for expenditure on energy-saving items
  509. 313 Restrictions on relief
  510. 314 Regulations
  511. 315 Deduction for expenditure on sea walls
  512. 316 Transfer of interest in premises
  513. 317 Ending of lease of premises
  514. 318 Transfer involving company within the charge to corporation tax
  515. 319 Relief in respect of mineral royalties
  516. 320 Nature of item apportioned on sale of estate or interest in land
  517. 321 Mutual business
  518. 329 Application of Chapter
  519. 329A Application of Chapter where cash basis used
  520. 330 Adjustment income and adjustment expense
  521. 331 Income charged
  522. 332 Person liable
  523. 333 Treatment of adjustment income
  524. 334 Treatment of adjustment expense
  525. 334A Spreading on leaving cash basis and related election
  526. 334B “Entering the cash basis”
  527. 334C Unrelieved qualifying expenditure
  528. 334D Assets not fully paid for
  529. 334E Effect of election where predecessor and successor are connected persons
  530. 335 Charge to tax on rent receivable in connection with a UK section 12(4) concern
  531. 336 Meaning of “rent receivable in connection with a UK section 12(4) concern”
  532. 337 Income charged
  533. 338 Person liable
  534. 339 Deduction for management expenses of owner of mineral rights
  535. 340 Relief in respect of mineral royalties
  536. 341 Meaning of “mineral lease or agreement” and “mineral royalties”
  537. 342 Extended meaning of “mineral royalties” etc. in Northern Ireland
  538. 343 Power of Commissioners to determine what counts as “mineral royalties”
  539. 344 Charge to tax on rent receivable for a UK electric-line wayleave
  540. 345 Meaning of “rent receivable for a UK electric-line wayleave”
  541. 346 Extent of charge to tax
  542. 347 Income charged
  543. 348 Person liable
  544. 349 Charge to tax on post-cessation receipts
  545. 350 Extent of charge to tax
  546. 351 Income charged
  547. 352 Person liable
  548. 353 Basic meaning of “post-cessation receipt”
  549. 354 Other rules about what counts as a “post-cessation receipt”
  550. 355 Transfer of rights if transferee does not carry on UK property business
  551. 356 Application to businesses within the charge to corporation tax
  552. 357 Charge to tax on overseas property income
  553. 358 Meaning of “overseas property income”
  554. 359 Income charged
  555. 360 Person liable
  556. 361 Changes in trustees and personal representatives
  557. 362 Effect of company starting or ceasing to be within charge to income tax
  558. 363 Overseas property businesses and overseas land: adaptation of rules
  559. 364 Meaning of “lease” and “premises”
  560. 365 Overview of Part 4
  561. 366 Provisions which must be given priority over Part 4
  562. 367 Priority between Chapters within Part 4
  563. 368 Territorial scope of Part 4 charges
  564. 368A Interpretation of special rules for temporary non-residents
  565. 369 Charge to tax on interest
  566. 370 Income charged
  567. 370A Valuation of interest not paid in cash
  568. 371 Person liable
  569. 372 Building society dividends
  570. 373 Open-ended investment company interest distributions
  571. 374 Date when interest payments under section 373 made
  572. 375 Interpretation of sections 373 and 374
  573. 376 Authorised unit trust interest distributions
  574. 377 Date when interest payments under section 376 made
  575. 378 Interpretation of sections 376 and 377
  576. 378A Offshore fund distributions
  577. 379 Payments by registered societies or certain co-operatives
  578. 380 Funding bonds
  579. 380A FSCS payments representing interest
  580. 381 Discounts
  581. 381A Charge to tax on disguised interest
  582. 381B Income charged
  583. 381C Person liable
  584. 381D Avoidance of double taxation
  585. 381E Exception for returns from certain shares
  586. 382 Contents of Chapter
  587. 383 Charge to tax on dividends and other distributions
  588. 384 Income charged
  589. 385 Person liable
  590. 385A No charge to tax on purchase by company of exempt employee shareholder shares
  591. 386 Open-ended investment company dividend distributions
  592. 387 Date when dividends paid under section 386
  593. 388 Interpretation of sections 386 and 387
  594. 389 Authorised unit trust dividend distributions
  595. 390 Date when dividends paid under section 389
  596. 391 Interpretation of sections 389 and 390
  597. 392 SIP shares: introduction
  598. 393 Later charge where cash dividends retained in SIPs are paid over
  599. 394 Distribution when dividend shares cease to be subject to SIP
  600. 395 Reduction in tax due in cases within section 394
  601. 396 Interpretation of sections 392 to 395
  602. 396A Arrangements offering a choice of capital or income return
  603. 396B Distributions in a winding up
  604. 397 Tax credits for qualifying distributions of UK resident companies: UK residents and eligible non-UK residents
  605. 397A Tax credits for distributions of non-UK resident companies: UK residents and eligible non-UK residents
  606. 397AA Tax credit under section 397A: conditions
  607. 397B Tax credits under section 397A: manufactured overseas dividends
  608. 397BA Meaning of “qualifying territory”
  609. 397C Meaning of “minority shareholder”
  610. 398 Increase in amount or value of dividends where tax credit available
  611. 399 Tax treated as paid on distributions received by non-UK resident persons
  612. 400 Non-qualifying distributions
  613. 401 Relief: distribution repaying shares or security issued in earlier distribution
  614. 401ZA Relief: distributions to trustees of employee-ownership trusts
  615. 401A Recovery of overpaid tax credit etc
  616. 401B Power to obtain information
  617. 401C Temporary non-residents
  618. 402 Charge to tax on dividends from non-UK resident companies
  619. 403 Income charged
  620. 404 Person liable
  621. 404A Distributions in a winding up
  622. 405 SIP shares: introduction
  623. 406 Later charge where cash dividends retained in SIPs are paid over
  624. 407 Dividend payment when dividend shares cease to be subject to SIP
  625. 408 Reduction in tax due in cases within section 407
  626. 408A Temporary non-residents
  627. 409 Charge to tax on stock dividend income
  628. 410 When stock dividend income arises
  629. 410A Conversion etc of bonus share capital
  630. 411 Income charged
  631. 412 Cash equivalent of share capital
  632. 413 Person liable
  633. 413A Temporary non-residents
  634. 414 Income tax treated as paid
  635. 414A Interpretation of Chapter
  636. 415 Charge to tax under Chapter 6
  637. 416 Income charged
  638. 417 Person liable
  639. 418 Relief where borrowers liable as settlors
  640. 419 Loans and advances to persons who die
  641. 420 Loans and advances to trustees of trusts that have ended
  642. 420A Temporary non-residents
  643. 421 Income tax treated as paid
  644. 421A Power to obtain information
  645. 422 Charge to tax on purchased life annuity payments
  646. 423 Meaning of “purchased life annuity”
  647. 424 Income charged
  648. 425 Person liable
  649. 426 Annuity payments received after deduction of tax
  650. 427 Charge to tax on profits from deeply discounted securities
  651. 428 Income charged
  652. 429 Person liable
  653. 430 Meaning of “deeply discounted security”
  654. 431 Excluded occasions of redemption
  655. 432 Securities which are not deeply discounted securities
  656. 433 Meaning of “excluded indexed security”
  657. 434 Securities issued in separate tranches: preliminary
  658. 435 Securities issued in separate tranches: basic rule
  659. 436 Deeply discounted securities issued in separate tranches: nominal value rule
  660. 437 Transactions which are disposals
  661. 438 Timing of transfers and acquisitions
  662. 439 Calculating the profit from disposals
  663. 440 Market value disposals
  664. 441 Market value acquisitions
  665. 442 Securities issued in accordance with qualifying earn-out right
  666. 443 Application of this Chapter to strips of government securities
  667. 444 Meaning of “strip” in Chapter 8
  668. 445 Strips of government securities: acquisitions and disposals
  669. 446 Strips of government securities: relief for losses
  670. 447 Restriction of profits on strips by reference to original acquisition cost
  671. 448 Restriction of losses on strips by reference to original acquisition cost
  672. 449 Strips of government securities: manipulation of acquisition, transfer or redemption payments
  673. 450 Market value of strips etc.
  674. 451 Market value of strips etc. quoted in foreign stock exchange lists
  675. 452 Power to modify this Chapter for strips
  676. 452A Application of this Chapter to corporate strips
  677. 452B Meaning of “interest-bearing corporate security” in Chapter 8
  678. 452C Conversion of interest-bearing corporate securities into corporate strips
  679. 452D Conversion into corporate strips: lower level conversions
  680. 452E Meaning of “corporate strip” in Chapter 8
  681. 452F Corporate strips: acquisitions and disposals
  682. 452G Corporate strips: manipulation of acquisition, transfer or redemption payments
  683. 453 Application of sections 454 to 456
  684. 454 Listed securities held since 26th March 2003: relief for losses
  685. 455 Listed securities held since 26th March 2003: calculating the profit or loss on disposals
  686. 456 Securities issued to connected persons etc. at excessive price: subsequent transfers to connected persons
  687. 457 Trustees
  688. 458 Non-UK resident trustees
  689. 459 Transfer of assets abroad
  690. 460 Minor definitions
  691. 461 Charge to tax under Chapter 9
  692. 462 When gains arise from policies and contracts
  693. 463 Income charged
  694. 463A Restricted relief qualifying policies: disapplication of section 485 etc
  695. 463B Restricted relief qualifying policies: allowable premiums
  696. 463C Restricted relief qualifying policies: personal representatives and trustees with deceased settlors
  697. 463D Restricted relief qualifying policies: assignments and events following assignments etc
  698. 463E Transitional protection for policies issued in respect of insurances made on or after 21 March 2012 but before 6 April 2013
  699. 464 Person liable for tax: introduction
  700. 465 Person liable: individuals
  701. 465A Amounts for which individuals liable to be treated as highest part of total income
  702. 465B Temporary non-residents
  703. 466 Person liable: personal representatives
  704. 467 Person liable: UK resident trustees
  705. 468 Non-UK resident trustees and foreign institutions
  706. 469 Two or more persons interested in policy or contract
  707. 470 Interests in rights under a policy or contract for section 469
  708. 471 Determination of shares etc.
  709. 472 Trusts created by two or more persons
  710. 473 Policies and contracts to which Chapter 9 applies: general
  711. 473A Connected policies or contracts treated as single policy or contract
  712. 474 Special rules: qualifying policies
  713. 475 Special rules: personal portfolio bonds
  714. 476 Special rules: foreign policies
  715. 477 Special rules: certain older policies and contracts
  716. 478 Exclusion of mortgage repayment policies
  717. 479 Exclusion of pension policies
  718. 480 Exclusion of excepted group life policies
  719. 481 Excepted group life policies: conditions about benefits
  720. 482 Excepted group life policies: conditions about persons intended to benefit
  721. 483 Exclusion of credit union group life policies
  722. 484 When chargeable events occur
  723. 485 Disregard of certain events in relation to qualifying policies
  724. 486 Exclusion of maturity of capital redemption policies in certain circumstances
  725. 487 Disregard of certain assignments
  726. 488 Disregard of some events after alterations of life insurance policy terms
  727. 489 Conditions applicable to alterations of life insurance policy terms
  728. 490 Last payment under guaranteed income bonds etc. treated as total surrender
  729. 491 Calculating gains: general rules
  730. 492 The total benefit value of a policy or contract
  731. 493 The value of a policy or contract
  732. 494 The total allowable deductions for a policy or contract
  733. 495 Disregard of certain amounts in calculating gains under section 491
  734. 496 Modification of section 494: qualifying endowment policies held as security for company debts
  735. 497 Disregard of trivial inducement benefits
  736. 498 Requirement for periodic calculations in part surrender or assignment cases
  737. 499 Meaning of “insurance year” and “final insurance year”
  738. 500 Events treated as part surrenders
  739. 501 Part surrenders: loans
  740. 502 Exception from section 501 for loans to buy life annuities
  741. 503 Exception from section 501 for certain loans under qualifying policies
  742. 504 Part surrenders: payments under guaranteed income bonds etc.
  743. 505 Assignments etc. involving co-ownership
  744. 506 Assignments occurring when there is a co-ownership transaction
  745. 507 Method for making periodic calculations under section 498
  746. 507A Recalculating gains under section 507
  747. 508 The value of rights partially surrendered or assigned
  748. 509 Chargeable events in certain cases where periodic calculations show gains
  749. 510 Requirement for transaction-related calculations in certain part surrender and assignment cases
  750. 511 Method for making transaction-related calculations under section 510
  751. 512 Available premium left for relevant transaction
  752. 512A Recalculating gains under section 511
  753. 513 Special rules for part surrenders and assignments in final insurance year
  754. 514 Chargeable events where transaction-related calculations show gains
  755. 515 Requirement for annual calculations in relation to personal portfolio bonds 9
  756. 516 Meaning of “personal portfolio bond”
  757. 517 Policies and contracts which are not personal portfolio bonds
  758. 518 The index categories
  759. 519 The index selection conditions
  760. 520 The property categories
  761. 521 The property selection conditions
  762. 522 Method for making annual calculations under section 515
  763. 523 The total amount of personal portfolio bond excesses
  764. 524 The total amount of part surrender gains
  765. 525 Chargeable events where annual calculations show gains
  766. 526 Power to make regulations about personal portfolio bonds
  767. 527 Reduction for sums taken into account otherwise than under Chapter 9
  768. 528 Reduction in amount charged on basis of non-UK residence where individual liable for tax
  769. 528A Reduction in amount charged on basis of non-UK residence of deceased person
  770. 529 Exceptions to section 528
  771. 530 Income tax treated as paid etc.
  772. 531 Exceptions to section 530
  773. 532 Relief for policies and contracts with European Economic Area insurers
  774. 533 Meaning of “comparable EEA tax charge”
  775. 534 Regulations providing for relief in other cases where foreign tax chargeable
  776. 535 Top slicing relief
  777. 536 Top slicing relieved liability: one chargeable event
  778. 537 Top slicing relieved liability: two or more chargeable events
  779. 538 Recovery of tax from trustees
  780. 539 Relief for deficiencies
  781. 540 When deficiencies arise: events following calculation events
  782. 541 Calculation of deficiencies
  783. 541A Effect of rebated or reinvested commission in certain cases
  784. 541B Section 541A: further definitions
  785. 542 Replacement of qualifying policies
  786. 543 Issue time of qualifying policy replacing foreign policy
  787. 544 Application of Chapter to policies and contracts in which companies interested
  788. 545 Minor definitions
  789. 546 Table of provisions subject to special rules for older policies and contracts
  790. ...
  791. section-548
  792. section-549
  793. section-550
  794. 551 Charge to tax on profits from disposal of deposit rights
  795. 552 Meaning of “deposit rights”
  796. 553 Income charged
  797. 554 Person liable
  798. 570 Charge to tax under Chapter 13
  799. 571 Meaning of “foreign holdings” etc.
  800. 572 Income charged
  801. 573 Person liable
  802. 574 Overview of Part 5
  803. 575 Provisions which must be given priority over Part 5
  804. 576 Priority between Chapters within Part 5
  805. 577 Territorial scope of Part 5 charges
  806. 577A Territorial scope of Part 5 charges: receipts from intellectual property
  807. 578 Contents of Chapter
  808. 579 Charge to tax on royalties and other income from intellectual property
  809. 580 Income charged under section 579
  810. 581 Person liable for tax under section 579
  811. 582 Deductions in calculating certain income charged under section 579
  812. 583 Charge to tax on income from disposals of know-how
  813. 584 Exceptions to charge under section 583
  814. 585 Income charged under section 583
  815. 586 Person liable for tax under section 583
  816. 587 Charge to tax on income from sales of patent rights
  817. 588 Income charged under section 587
  818. 589 Person liable for tax under section 587
  819. 590 UK resident sellers: spreading rules
  820. 591 Non-UK resident sellers: election for spreading
  821. 592 Further provision about elections for spreading: instalments
  822. 593 Death of seller
  823. 594 Winding up of a body corporate
  824. 595 Deduction of tax from payments to non-UK residents
  825. 596 Adjustments where tax has been deducted
  826. 597 Licences connected with patents
  827. 598 Rights to acquire future patent rights
  828. 599 Sums paid for Crown use etc. treated as paid under licence
  829. 600 Relief for expenses: patent income
  830. 601 How relief is given under section 600
  831. 602 Payments received after deduction of tax
  832. 603 Contributions to expenditure
  833. 604 Contributions not made by public bodies nor eligible for tax relief
  834. 605 Exchanges
  835. 606 Apportionment where property sold together
  836. 607 Questions about apportionments affecting two or more persons
  837. 608 Meaning of “capital sums” etc.
  838. 609 Charge to tax on films and sound recordings businesses
  839. 610 Income charged
  840. 611 Person liable
  841. 612 Calculation of income
  842. 613 Application of trading income rules to non-trade businesses
  843. 614 Charge to tax on certain telecommunication rights of a non-trader
  844. 615 Income charged
  845. 616 Person liable
  846. 617 Deductions in calculating certain income charged
  847. 618 Payments received after deduction of tax
  848. 619 Charge to tax under Chapter 5
  849. 619A Income treated as highest part of settlor's total income
  850. 620 Meaning of “settlement” and “settlor”
  851. 621 Income charged
  852. 622 Person liable
  853. 623 Calculation of income
  854. 624 Income where settlor retains an interest
  855. 625 Settlor's retained interest
  856. 626 Exception for outright gifts between spouses or civil partners
  857. 627 Exceptions for certain types of income
  858. 628 Exception for gifts to charities
  859. 628B Section 628A: tainting
  860. 629 Income paid to relevant children of settlor
  861. 630 Exception for gifts to charities
  862. 630A Exception for protected foreign-source income
  863. 631 Retained and accumulated income
  864. 632 Offshore income gains
  865. 633 Capital sums paid to settlor by trustees of settlement
  866. 634 Meaning of “capital sum” and “sums paid to settlor”
  867. 635 Amount of available income
  868. 636 Calculation of undistributed income
  869. 637 Qualifications to section 636
  870. 638 Capital sums paid by way of loan or repayment of loan
  871. 639 Loans to participators in close companies
  872. 640 Grossing-up of deemed income
  873. 641 Capital sums paid to settlor by body connected with settlement
  874. 642 Exception for certain loans or repayments of loans
  875. 643 Interpretation of sections 641 and 642
  876. 643ZA “Protected foreign-source income” and “transitional trust income”
  877. 643ZB Protected foreign-source income and transitional trust income not to be taxed elsewhere in Chapter
  878. 643A Benefits paid out of protected foreign-source income or transitional trust income
  879. 643B Meaning of “untaxed benefits total” in section 643A
  880. 643C Meaning of “available protected income” in section 643A
  881. 643D Reduction in section 643A income: previous capital gains tax charge
  882. 643E Reimbursement of tax paid by settlor because of section 643B(2)
  883. 643EA Onward gifts from non-residents or qualifying new residents
  884. 643F Income attributed by section 643A to user of remittance basis
  885. 643G Section 643F(4): benefits and income “relating” to deemed income
  886. 643H Meaning of close member of settlor's family in sections 643A to 643EA
  887. 643J Cases where income treated as arising to recipient of onward gift
  888. 643K Cases where deemed income attributed to recipient of onward gift
  889. 643L Cases where settlor liable following onward gift
  890. 643N Person liable under section 643J or 643L and remittance basis applied
  891. 644 Application to settlements by two or more settlors
  892. 645 Property or income originating from settlor
  893. 646 Adjustments between settlor and trustees etc.
  894. 646A Trustees' expenses to be rateably apportioned
  895. 647 Power to obtain information
  896. 648 Income arising under a settlement
  897. 649 Charge to tax on estate income
  898. 650 Absolute, limited and discretionary interests
  899. 651 Meaning of “UK estate” and “foreign estate”
  900. 652 Estate income: absolute interests in residue
  901. 653 Meaning of “the administration period” and “the final tax year”
  902. 654 Estate income: limited interests in residue
  903. 655 Estate income: discretionary interests in residue
  904. 656 Income charged: UK estates
  905. 657 Income charged: foreign estates
  906. 658 Special rules for foreign income
  907. 659 Person liable
  908. 660 Basic amount of estate income: absolute interests
  909. 661 Basic amount of estate income: limited interests
  910. 662 Basic amount of estate income: discretionary interests
  911. 663 The applicable rate for grossing up basic amounts of estate income
  912. 664 The aggregate income of the estate
  913. 665 Assumed income entitlement
  914. 666 The residuary income of the estate
  915. 667 Shares of residuary income of estate
  916. 668 Reduction in share of residuary income of estate
  917. 669 Reduction in residuary income: inheritance tax on accrued income
  918. 670 Applicable rate for determining assumed income entitlement (UK estates)
  919. 671 Successive absolute interests
  920. 672 Successive interests: assumed income entitlement of holder of absolute interest following limited interest
  921. 673 Successive interests: payments in respect of limited interests followed by absolute interests
  922. 674 Successive interests: holders of limited interests
  923. 675 Basic amount of estate income: successive limited interests
  924. 676 Apportionments
  925. 677 Relief where UK income tax borne by foreign estate: absolute interests
  926. 678 Relief where UK income tax borne by foreign estate: limited and discretionary interests
  927. 679 Income from which basic amounts are treated as paid
  928. 679A Income from which sums within section 668(1)(b) are treated as paid
  929. 680 Income treated as bearing income tax
  930. 680A Income treated as dividend income
  931. 680B Income treated as savings income
  932. 680C Income treated as property income
  933. 681 Transfers of assets etc. treated as payments
  934. 682 Assessments, adjustments and claims after the administration period
  935. 682A Statements relating to estate income
  936. 683 Charge to tax on annual payments not otherwise charged
  937. 684 Income charged
  938. 685 Person liable
  939. 685A Settlor-interested settlements
  940. 686 Payments received after deduction of tax
  941. 687 Charge to tax on income not otherwise charged
  942. 688 Income charged
  943. 689 Person liable
  944. 689A Temporary non-residents
  945. 690 Overview of Part 6
  946. 691 National Savings Bank ordinary account interest
  947. 692 Income from savings certificates
  948. 693 Income from Ulster Savings Certificates
  949. 694 Income from individual investment plans
  950. 694A Deceased investors
  951. 695 Investment plans
  952. 695A Investment plans for children
  953. 696 Plan managers
  954. 697 Special requirements for certain foreign managers
  955. 698 Requirements for discharge of foreign institution's duties
  956. 699 Non-entitlement to exemption
  957. 700 Information
  958. 701 General and supplementary powers
  959. 702 Interest under certified SAYE savings arrangements
  960. 703 Meaning of “certified SAYE savings arrangement”
  961. 704 Types of arrangements and providers
  962. 705 Certification of arrangements
  963. 706 Withdrawal and variation of certifications and connected requirements
  964. 707 Authorisation of providers
  965. 708 Withdrawal and variation of authorisations
  966. 709 Venture capital trust dividends
  967. 710 Treatment of shares where annual acquisition limit exceeded
  968. 711 Identification of shares after disposals
  969. 712 Identification of shares after reorganisations etc.
  970. 713 Introduction: securities free of tax to residents abroad (“FOTRA securities”)
  971. 714 Exemption of profits from FOTRA securities
  972. 715 Interest from FOTRA securities held on trust
  973. 716 Restriction on deductions etc. relating to FOTRA securities
  974. 717 Exemption for part of purchased life annuity payments
  975. 718 Excluded annuities
  976. 719 Extent of exemption under section 717
  977. 720 Exempt proportion: term dependent solely on duration of life
  978. 721 Exempt sum: term dependent solely on duration of life
  979. 722 Consideration for the grant of annuities
  980. 723 Determinations
  981. 724 Regulations
  982. 725 Annual payments under immediate needs annuities
  983. 726 Meaning of “care provider”
  984. 727 Certain annual payments by individuals
  985. 728 Commercial payments
  986. 729 Payments for non-taxable consideration
  987. 730 Foreign maintenance payments
  988. 731 Periodical payments of personal injury damages
  989. 732 Compensation awards
  990. 733 Persons entitled to exemptions for personal injury payments etc.
  991. 734 Payments from trusts for injured persons
  992. 735 Health and employment insurance payments
  993. 736 Health and employment risks and benefits
  994. 737 Period for which payments may be made
  995. 738 Risk of significant loss
  996. 739 Conditions to be met by policies also providing other benefits
  997. 740 Conditions to be met where policies are linked
  998. 741 Aggregation of policies where employment ends for health reasons
  999. 742 Meaning of “the insured”
  1000. 743 Policies for the benefit of others who contribute to premiums
  1001. 744 Payments to adopters , etc: England and Wales
  1002. 745 Payments to adopters, etc: Scotland
  1003. 746 Payments to adopters, etc: Northern Ireland
  1004. 747 Power to amend sections 744 to 746
  1005. 748 Payments by persons liable to pool betting duty
  1006. 749 Repayment interest, and interest paid under repayment supplements
  1007. 749A Interest on tax overpaid
  1008. 750 Interest from tax reserve certificates
  1009. 751 Interest on damages for personal injury
  1010. 752 Interest under employees' share schemes
  1011. 753 Interest on repayment of student loan
  1012. 753A Interest on unpaid relevant contributions
  1013. 754 Redemption of funding bonds
  1014. 755 Interest on foreign currency securities etc. owned by non-UK residents
  1015. 756 Which securities and loans are foreign currency ones for section 755
  1016. 756A Interest on certain deposits of victims of National-Socialist persecution
  1017. 757 Interest and royalty payments: introduction
  1018. 758 Exemption for certain interest and royalty payments
  1019. 759 The person making the payment
  1020. 760 The person beneficially entitled to the payment
  1021. 761 Meaning of “25% associates”
  1022. 762 Interest payments: exemption notices
  1023. 763 Special relationships
  1024. 764 Application of ICTA provisions about special relationships
  1025. 765 Anti-avoidance
  1026. 766 Interest and royalty payments: interpretation
  1027. 767 Power to amend references to the Directive by order
  1028. 768 Commercial occupation of woodlands
  1029. 769 Housing grants
  1030. 770 Amounts applied by SIP trustees acquiring dividend shares or retained for reinvestment
  1031. 771 Relevant foreign income of consular officers and employees
  1032. 772 Further provisions about Orders under section 771
  1033. 773 Income from Inter-American Development Bank securities
  1034. 774 Income from securities issued by designated international organisations
  1035. 775 Income towards reducing the national debt
  1036. 775A Government bonus for savings account or other investment plan
  1037. 776 Scholarship income
  1038. 776A Payments under Jobs Growth Wales Plus
  1039. 777 VAT repayment supplements
  1040. 778 Incentives to use electronic communications
  1041. 779 Gains on commodity and financial futures
  1042. 780 Disabled person's vehicle maintenance grant
  1043. 781 Payments under New Deal 50plus
  1044. 782 Payments under employment zone programme
  1045. 782A Domestic microgeneration
  1046. 782B Renewables obligation certificates for domestic microgeneration
  1047. 782C Volunteers etc: compensation for lost employment income
  1048. 783 General disregard of exempt income for income tax purposes
  1049. 783A Relief under this Chapter
  1050. 783AA “Relevant trade” of an individual
  1051. 783AB “Miscellaneous income”
  1052. 783AC The individual's “relevant income”
  1053. 783AD The individual's trading allowance
  1054. 783AE Full relief: introduction
  1055. 783AF Full relief: trade profits
  1056. 783AG Full relief: miscellaneous income
  1057. 783AH Partial relief: alternative calculation of profits: introduction
  1058. 783AI Partial relief: alternative calculation of trade profits
  1059. 783AJ Partial relief: alternative calculation of chargeable miscellaneous income
  1060. 783AK Deductible amount: splitting of trading allowance
  1061. 783AL Election for full relief not to be given
  1062. 783AM Election for partial relief
  1063. 783AN Exclusion from relief: expenses deducted against rent-a-room receipts
  1064. 783AO Exclusion from relief: payments by employer
  1065. 783AP Exclusion from relief: payments by firm
  1066. 783AQ Exclusion from relief: payments by close company
  1067. 783AR Interpretation of this Chapter
  1068. 783B Relief under this Chapter
  1069. 783BA “Relevant property business” of an individual
  1070. 783BB “Relievable receipts” of a property business
  1071. 783BC The individual's “relevant property income”
  1072. 783BD The individual's property allowance
  1073. 783BE Full relief: introduction
  1074. 783BF Full relief: property profits
  1075. 783BG Partial relief: alternative calculation of property profits: introduction
  1076. 783BH Partial relief: alternative calculation of property profits
  1077. 783BI Deductible amount: splitting of property allowance
  1078. 783BJ Election for full relief not to be given
  1079. 783BK Election for partial relief
  1080. 783BL Exclusion from relief: tax reduction under section 274A
  1081. 783BM Exclusion from relief: expenses deducted against rent-a-room receipts
  1082. 783BN Exclusion from relief: payments by employer
  1083. 783BO Exclusion from relief: payments by firm
  1084. 783BP Exclusion from relief: payments by close company
  1085. 783BQ Interpretation of this Chapter
  1086. 784 Overview of Chapter 1
  1087. 785 Person who qualifies for relief
  1088. 786 Meaning of “rent-a-room receipts”
  1089. 787 Meaning of “residence”
  1090. 788 Meaning of “total rent-a-room amount”
  1091. 789 The individual's limit
  1092. 790 Exclusive receipts condition
  1093. 791 Full rent-a-room relief: introduction
  1094. 792 Full rent-a-room relief: trading income
  1095. 793 Full rent-a-room relief: property income
  1096. 794 Full rent-a-room relief: income chargeable under Chapter 8 of Part 5
  1097. 795 Alternative calculation of profits: introduction
  1098. 796 Alternative calculation of profits: trading income
  1099. 797 Alternative calculation of profits: property income
  1100. 798 Alternative calculation of profits: income chargeable under Chapter 8 of Part 5
  1101. 799 Election not to apply full relief
  1102. 800 Election for alternative methodof calculating profits
  1103. 801 Time limit on adjustment of assessment
  1104. 802 Minor definitions
  1105. 803 Overview of Chapter 2
  1106. 804 Person who qualifies for relief
  1107. 804A Shared lives care: further condition for relief
  1108. 805 Meaning of “qualifying care receipts”
  1109. 805A Meaning of providing qualifying care
  1110. 806 Meaning of providing foster care
  1111. 806A Meaning of providing shared lives care
  1112. 806B Meaning of “residence”
  1113. 807 Calculation of “total qualifying care receipts”
  1114. 808 The individual's limit
  1115. 809 Share of fixed amount: residence used by more than one carer
  1116. 810 Share of fixed amount: income period not a year
  1117. 811 The amount per adult or child
  1118. 812 Full qualifying care relief: introduction
  1119. 813 Full qualifying care relief: trading income
  1120. 814 Full qualifying care relief: income chargeable under Chapter 8 of Part 5
  1121. 815 Alternative calculation of profits: introduction
  1122. 816 Alternative calculation of profits: trading income
  1123. 817 Alternative calculation of profits: income chargeable under Chapter 8 of Part 5
  1124. 818 Election for alternative methodof calculating profits
  1125. 819 Adjustment of assessment
  1126. 820 Periods of account not ending on 5th April
  1127. 821 Meaning of “relevant limit”
  1128. 822 Full relief
  1129. 823 Alternative method of calculating profits
  1130. 824 Capital allowances: introduction
  1131. 825 Unallocated capital expenditure
  1132. 825A Deemed disposal event
  1133. 825B Plant or machinery used for care business
  1134. 825C Plant or machinery used for other qualifying activities
  1135. 825D Subsequent disposal events
  1136. 826 Excluded capital expenditure
  1137. 827 Excluded capital expenditure: subsequent treatment of asset
  1138. 828 Overlap profit
  1139. 828A Indexation of the fixed amount and the amount per adult and child
  1140. 829 Overview of Part 8
  1141. 830 Meaning of “relevant foreign income”
  1142. 831 Claims for relevant foreign income to be charged on the remittance basis
  1143. 832 Relevant foreign income charged on remittance basis
  1144. 832A Section 832: temporary non-residents
  1145. 832B Section 832: deductions from remitted income
  1146. 833 Income treated as remitted: repayment of UK-linked debts
  1147. 834 Arrangements treated as repayment of UK-linked debts
  1148. 835 Relief for delayed remittances
  1149. 836 Relief for delayed remittances: backdated pensions
  1150. 837 Claims for relief on delayed remittances
  1151. 838 Expenses attributable to collection or payment of relevant foreign income
  1152. 839 Annual payments payable out of relevant foreign income
  1153. 840 Relief for backdated pensions charged on the arising basis
  1154. 840A Claims under section 840
  1155. 841 Unremittable income: introduction
  1156. 842 Claim for relief for unremittable income
  1157. 843 Withdrawal of relief
  1158. 844 Income charged on withdrawal of relief after source ceases
  1159. 845 Valuing unremittable income
  1160. 845A Claim for relief for qualifying new residents
  1161. 845B Qualifying new residents
  1162. 845C Effect of claim, foreign employment election or foreign gain claim on losses
  1163. 845D Effect of claim, foreign employment election or foreign gain claim: costs of dwelling-related loan
  1164. 845E Effect of claim, foreign employment election or foreign gain claim on personal allowance etc
  1165. 845F Effect of claim on relief for contributions to registered pension schemes
  1166. 845G Foreign income relief ignored for purposes of determining adjusted net income
  1167. 845H Qualifying foreign income
  1168. 845I Disqualified income
  1169. 845J Performance income
  1170. 846 Overview of Part 9
  1171. 847 General provisions
  1172. 848 Assessment of partnerships
  1173. 848A Bare trusts
  1174. 849 Calculation of firm's profits or losses
  1175. 850 Allocation of firm's profits or losses between partners
  1176. 850A Profit-making period in which some partners have losses
  1177. 850B Loss-making period in which some partners have profits
  1178. 850C Excess profit allocation to non-individual partners
  1179. 850D Excess profit allocation: cases involving individuals who are not partners
  1180. 850E Payments by B out of the excess part of B's profit share
  1181. 851 Calculations etc. where firm has other income or losses
  1182. 852 Carrying on by partner of notional trade
  1183. 852A Notional trades: indirect partners
  1184. 853 Basis periods for partners' notional trades
  1185. 854 Carrying on by partner of notional business
  1186. 855 Basis periods for partners' notional businesses
  1187. 855A Notional business: indirect partners
  1188. 856 Overlap profits from partners' notional businesses
  1189. 857 Partners to whom the remittance basis applies
  1190. 858 Resident partners and double taxation agreements
  1191. 859 Special provisions about farming and property income
  1192. 860 Adjustment income
  1193. 861 Sale of patent rights: effect of partnership changes
  1194. 862 Sale of patent rights: effect of later cessation of trade
  1195. 863 Limited liability partnerships
  1196. 863A Limited liability partnerships: salaried members
  1197. 863B Condition A
  1198. 863C Condition B
  1199. 863D Condition C
  1200. 863E M's contribution to the limited liability partnership: the basic calculation
  1201. 863F M's contribution to the limited liability partnership: deemed contributions
  1202. 863G Anti-avoidance
  1203. 863H Election for special provision for alternative investment fund managers to apply
  1204. 863I Allocation of profit to the AIFM firm
  1205. 863J Vesting of remuneration represented by the allocated profit
  1206. 863K Vesting statements
  1207. 863L The AIFMD remuneration guidelines
  1208. 864 Overview of Part 10
  1209. 865 Unpaid remuneration: non-trades and non-property businesses
  1210. 866 Employee benefit contributions: non-trades and non-property businesses
  1211. 867 Business entertainment and gifts: non-trades and non-property businesses
  1212. 868 Social security contributions: non-trades etc.
  1213. 869 Penalties , interest and VAT surcharges and interest: non-trades etc.
  1214. 870 Crime-related payments: non-trades and non-property businesses
  1215. 871 Apportionment etc. of miscellaneous profits to tax year
  1216. 872 Losses calculated on same basis as miscellaneous income
  1217. 873 Orders and regulations made by Treasury or Commissioners
  1218. 874 Activities in UK sector of continental shelf
  1219. 875 Meaning of “caravan”
  1220. 876 Meaning of “farming” and related expressions
  1221. 877 Meaning of grossing up
  1222. 878 Other definitions
  1223. 879 Interpretation: Scotland
  1224. 880 Interpretation: Northern Ireland
  1225. 881 Disapplication of corporation tax: section 9 of ICTA
  1226. 882 Consequential amendments
  1227. 883 Commencement and transitional provisions etc.
  1228. 884 Repeals and revocations
  1229. 885 Abbreviations and general index in Schedule 4
  1230. 886 Short title
  1231. Schedule A1 Carried Interest: interpretation of key terms
  1232. SCHEDULE 1 Consequential amendments
  1233. SCHEDULE 2 Transitionals and savings etc.
  1234. SCHEDULE 3 Repeals and revocations
  1235. SCHEDULE 4 Abbreviations and defined expressions

Proposed changes to this act

No one has proposed a change to this act yet.

1,235 provisions

299 Payment of tax by instalments

(1) This section applies if— (a) there is a receipt under section 277 (lease premiums) in respect of a premium which is payable by instalments, or (b) there is a receipt under any of sections 279 to 281 (sums payable instead of rent, for surrender of lease or for variation or waiver of terms of lease) in respect of a sum which is payable by instalments. (2) The person who is liable to pay tax by reference to the receipt may choose to pay the tax by such instalments as an officer of Revenue and Customs may allow. (3) The period over which the instalments of tax must be paid— (a) must be 8 years or less, and (b) must end before, or at the same time as, the time when the last of the instalments mentioned in subsection (1)(a) or (b) is payable.

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300 Statement of accuracy for purposes of section 282

(1) This section applies if any of the persons mentioned in subsection (3) provides an officer of Revenue and Customs with a statement showing— (a) whether or not there is, or may be, a receipt under section 282 (assignments for profit of lease granted at undervalue), and (b) the amount of any receipt. (2) an officer of Revenue and Customs must certify the accuracy of the statement, if satisfied as to its accuracy. (3) The persons referred to in subsection (1) are— (a) the landlord who granted the lease, (b) a person who assigned it, or (c) a person to whom it was assigned.

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301 Claim for repayment of tax payable by virtue of section 284

(1) This section applies if— (a) there is a receipt under section 284 (sales with right to reconveyance), and (b) the date on which the estate or interest would fall to be reconveyed was not fixed under the terms of the sale. (2) If the seller makes a claim, the seller must be repaid the amount by which A exceeds B, where— A is the amount of tax paid by the seller which was payable by virtue of section 284, and B is the amount of tax that would have been so payable if the date on which the estate or interest was reconveyed had been taken as the date fixed by the terms of the sale. (3) The claim must be made within 4 years after the day on which the estate or interest was reconveyed.

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302 Claim for repayment of tax payable by virtue of section 285

(1) This section applies if— (a) there is a receipt under section 285 (sale and leaseback transactions), and (b) the date for the grant of the lease was not fixed under the terms of the sale. (2) If the seller makes a claim, the seller must be repaid the amount by which A exceeds B, where— A is the amount of tax paid by the seller which was payable by virtue of section 285, and B is the amount of tax that would have been so payable if the date on which the lease was granted had been taken as the date fixed by the terms of the sale. (3) The claim must be made within 4 years after the day on which the lease was granted.

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302A Appeals against proposed determinations

(1) Subsection (2) applies if it appears to an officer of Revenue and Customs that— (a) a determination is needed of an amount that is to be brought into account as a receipt under this Chapter in calculating the liability to tax of a person (“the first taxpayer”), and (b) the determination may affect the liability to income tax, corporation tax or capital gains tax of other persons. (2) The officer may give notice (a “provisional notice of determination”) to the first taxpayer and the other persons of— (a) the determination the officer proposes to make, and (b) their rights under this section and section 302C. (3) A person to whom a provisional notice of determination is given may object to the proposed determination by giving notice (a “notice of objection”) to the officer. (4) The notice of objection must be given within 30 days of the date on which the provisional notice of determination was given. (5) If an officer gives provisional notices of determination and no person gives a notice of objection— (a) a determination must be made by the officer as proposed in the provisional notices, and (b) the determination is not to be called in question in any proceedings.

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302B Section 302A: supplementary

(1) A provisional notice of determination under section 302A(2) may include a statement of the grounds on which the officer proposes to make the determination. (2) Subsection (1) applies despite any obligation as to secrecy or other restriction on the disclosure of information. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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302C Determination by tribunal

(1) If a notice of objection is given under section 302A(3), the amount mentioned in section 302A(1) must be determined in the same way as an appeal. (2) All persons to whom provisional notices of determination have been given under section 302A(2) may be a party to— (a) any proceedings under subsection (1), and (b) any appeal arising out of those proceedings. (3) Those persons are bound by the determination made in the proceedings or on appeal, whether or not they have taken part in the proceedings. (4) Their successors in title are bound in the same way.

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303 Rules for determining effective duration of lease

(1) The following rules apply for determining the effective duration of a lease for the purposes of this Chapter. Rule 1: If- (a) the terms of the lease or any other circumstances make it unlikely that the lease will continue beyond a date before the end of the term for which the lease was granted, and (b) the premium was not substantially greater than it would have been had the term been one ending on that date, Rule 2: If the terms of the lease include provision for the extension of the lease beyond a given date by notice given by the tenant, account may be taken of any circumstances making it likely that the lease will be so extended. Rule 3: If the tenant or a person connected with the tenant is, or may become, entitled to a further lease or the grant of a further lease (whenever commencing)— (a) of the same premises, or (b) of premises including the whole or part of the same premises, the term of the lease may be treated as continuing until the end of the term of the further lease. (2) The rules are to be applied in accordance with section 304. (2A) In Rule 1 “premium” includes— (a) an amount treated as a premium under section 278 (amount treated as lease premium where work required), (b) a sum payable by the tenant under the terms subject to which the lease is granted instead of the whole or a part of the rent for a period, (c) a sum payable by the tenant under the terms subject to which the lease is granted as consideration for the surrender of the lease, and (d) a sum payable by the tenant (otherwise than by way of rent) as consideration for the variation or waiver of a term of the lease. (3) In this section and section 304, in relation to Scotland, “term”, where referring to the duration of a lease, means period.

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304 Applying the rules in section 303

(1) The rules in section 303 apply by reference to the facts known or ascertainable— (a) at the time of the grant of the lease, or (b) if the determination is for the purposes of section 281 (sums payable for variation or waiver of terms of lease), at the time when the contract for the variation or waiver is entered into. (2) In applying those rules, it is assumed that all parties concerned, whatever their relationship, act as if they were at arm's length. (3) Subsection (5) applies if— (a) special benefits were conferred by the lease or in connection with its grant, or (b) payments were made which one would not expect to be made by parties acting at arm's length unless such benefits had been conferred. (4) But subsection (5) does not apply if it can be shown that the special benefits were not conferred nor the payments made for the purpose of securing— (a) an income tax advantage in the application of this Chapter, or (b) a corporation tax advantage in the application of Chapter 4 of Part 4 of CTA 2009 (profits of property business: lease premiums etc). (5) In applying paragraph (b) of rule 1 in section 303, it is assumed that the special benefits would not have been conferred nor the payments made if the lease had been granted for a term ending on the date mentioned in that rule. (6) In this section “special benefits” means benefits other than— (a) vacant possession and beneficial occupation of the premises, or (b) the right to receive rent at a reasonable commercial rate in respect of the premises.

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305 Information about effective duration of lease

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306 Provisions about premiums

(1) For the purposes of this Chapter, the presumption is that a sum paid on or in connection with the granting of a tenancy has been paid by way of premium. (2) This does not apply if the sum is rent. (3) This also does not apply so far as other sufficient consideration for the payment can be shown to have been given. (4) In this section “sum” includes the value of any consideration. (5) Where rule 3 in section 303 (rules for determining effective duration of lease) applies, the premium, or an appropriate part of it, payable for or in connection with either lease mentioned in that rule may be treated for the purposes of this Chapter as having been required under the other.

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307 Interpretation

(1) In this Chapter “premium” includes any similar sum payable to the immediate or a superior landlord or to a person connected with such a person. (2) In subsection (1) “sum” includes the value of any consideration. (3) In the application of this Chapter to Scotland— “premium” includes, in particular, a grassum payable to the landlord under the lease in respect of which the grassum is payable or the landlord under any other lease of the property, and “reversion” means the interest of the landlord in the property subject to the lease. (4) In the application of this Chapter to Scotland— (a) references to a lease being granted out of a taxed lease are to the grant of a sublease of land subject to the taxed lease, and (b) references to the lease so granted are to be read as references to the sublease.

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307A Cash basis: application of Chapter

(1) The following provisions of this Chapter apply only where the profits of a property business are calculated on the cash basis— (a) section 307B (cash basis: capital expenditure), (b) section 307C (cash basis: deduction for costs of loans), and (c) section 307D (cash basis: modification of deduction for costs of loans). (2) Sections 307E and 307F make provision about capital receipts in certain cases where the profits of a property business are calculated on the cash basis or have previously been calculated on the cash basis.

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307B Cash basis: capital expenditure

(1) This section applies in relation to the calculation of the profits of a property business on the cash basis. (2) No deduction is allowed for an item of a capital nature incurred on, or in connection with, the acquisition or disposal of a business or part of a business. (3) No deduction is allowed for an item of a capital nature incurred on, or in connection with, education or training. (4) No deduction is allowed for an item of a capital nature incurred on, or in connection with, the provision, alteration or disposal of land. (5) But subsection (4) does not prevent a deduction being made for expenditure that— (a) is incurred on the provision of a depreciating asset which, in being provided, is installed or otherwise fixed to qualifying land (see subsection (8)) so as to become, in law, part of the land, but (b) is not incurred on, or in connection with, the provision of— (i) a building, (ii) a wall, floor, ceiling, door, gate, shutter or window or stairs, (iii) a waste disposal system, (iv) a sewerage or drainage system, or (v) a shaft or other structure in which a lift, hoist, escalator or moving walkway may be installed. (6) No deduction is allowed for an item of a capital nature incurred on, or in connection with, the provision, alteration or disposal of an asset for use in ... residential property (see subsection (8)). But see section 311A (replacement domestic items relief). (7) If an asset is provided partly for use in ... residential property and partly for other purposes, such apportionment of the expenditure incurred on, or in connection with, the provision, alteration or disposal of the asset is to be made for the purposes of subsection (6) as is just and reasonable. (8) In relation to the calculation of profits for a tax year— (a) “residential property” means land consisting of a dwelling-house or part of a dwelling-house in relation to which a UK property business or an overseas property business is carried on in the tax year, and (b) “qualifying land” means land not falling within paragraph (a). (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) No deduction is allowed for an item of a capital nature incurred on, or in connection with, the provision, alteration or disposal of— (a) any asset that is not a depreciating asset (see subsections (11) and (12)), (b) any asset not acquired or created for use on a continuing basis in the property business, (c) a car (see subsection (20)), (d) a non-qualifying intangible asset (see subsections (13) to (16)), or (e) a financial asset (see subsection (17)). (11) An asset is a “depreciating” asset if, on the date the item of a capital nature is incurred, it is reasonable to expect that before the end of 20 years beginning with that date— (a) the useful life of the asset will end, or (b) the asset will decline in value by 90% or more. (12) The useful life of an asset ends when it could no longer be of use to any person for any purpose as an asset of a business. (13) “Intangible asset” means anything that is capable of being an intangible asset within the meaning of FRS 105 and, in particular, includes— (a) an internally-generated intangible asset, and (b) intellectual property. (14) An intangible asset is “non-qualifying” unless, by virtue of having a fixed maximum duration, it must cease to exist before the end of 20 years beginning with the date on which the item of a capital nature is incurred. (15) An intangible asset is “non-qualifying” if it consists of a right, whether conditional or not, to obtain an intangible asset without a fixed maximum duration by virtue of which that asset must, assuming the right is exercised at the last possible time, cease to exist before the end of 20 years beginning with the date on which the item of a capital nature is incurred. (16) Where— (a) the person carrying on the property business (“P”) has an intangible asset, and (b) P grants a licence or any other right in respect of that asset to another person, any intangible asset that consists of a licence or other right granted to P in respect of the intangible asset mentioned in paragraph (a) is “non-qualifying”. (17) A “financial asset” means any right under or in connection with— (a) a financial instrument, or (b) an arrangement that is capable of producing a return that is economically equivalent to a return produced under any financial instrument. (18) A reference to acquisition, provision, alteration or disposal includes potential acquisition, provision, alteration or (as the case may be) disposal. (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (20) In this section— “arrangement” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable); “building” includes any fixed structure; “car” has the same meaning as in Part 2 of CAA 2001 (see section 268A of that Act); “financial instrument” has the same meaning as in FRS 105; “FRS 105” means Financial Reporting Standard 105 (the Financial Reporting Standard applicable to the Micro-entities Regime), issued by the Financial Reporting Council in July 2015; “intellectual property” means— any patent, trade mark, registered design, copyright or design right, plant breeders' rights or rights under section 7 of the Plant Varieties Act 1997, any right under the law of a country or territory outside the United Kingdom corresponding or similar to a right within paragraph (a), any information or technique not protected by a right within paragraph (a) or (b) but having industrial, commercial or other economic value, or any licence or other right in respect of anything within paragraph (a), (b) or (c); “provision” includes creation, construction or acquisition.

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307C Cash basis: deduction for costs of loans

(1) Section 307D applies in calculating the profits of a property business for a tax year if conditions A to D are met. (2) Condition A is that the profits of the business are calculated on the cash basis for the tax year. (3) Condition B is that a deduction for costs of a loan is allowed in calculating the profits of the business for the tax year or, ignoring section 272A (restricting deductions for finance costs related to residential property) and section 307D (cash basis: modification of deduction for costs of loans), would be so allowed. In this section such a loan is referred to as a “relevant loan”. (4) Condition C is that an amount of the principal of one or more relevant loans is outstanding at the end time (and a relevant loan in respect of which such an amount is outstanding at the end time is referred to in this section as an “outstanding relevant loan”). (5) Condition D is that— L > V where— L is the total outstanding amount of relevant loans (see subsections (6) and (7)), and V is the sum of the values of all relevant properties (see subsections (8) to (10)). (6) The “total outstanding amount of relevant loans”— (a) if there is only one outstanding relevant loan, is the outstanding business amount of that loan, and (b) if there are two or more outstanding relevant loans, is found by calculating the outstanding business amount of each such loan and adding those amounts together. (7) The “outstanding business amount” of a relevant loan is given by— X Y × A where— A is the amount of the principal of the loan which is outstanding at the end time, X is the amount of the deduction for costs of the loan that would be allowed, apart from sections 272A and 307D, in calculating the profits of the business for the tax year, and Y is the amount of the deduction for costs of the loan that would be allowed, apart from the wholly and exclusively rule and sections 272A and 307D, in calculating the profits of the business for the tax year. (8) A property is a “relevant property” if— (a) it is involved in the property business at the end time, or (b) although it is not involved in the business at the end time— (i) it was last involved in the business at an earlier time in the tax year, and (ii) the person carrying on the business holds the property throughout the period beginning with that earlier time and ending with the end time. (9) The “value” of a relevant property is the total of— (a) the market value of the property at the time that it is first involved in the property business, and (b) such amount of any expenditure of a capital nature incurred by the person carrying on the business in respect of the property as is not brought into account in calculating the profits of the business for the tax year or any previous tax year. (10) A property is “involved in the property business” if it is a property whose exploitation forms the whole or part of the business. (11) The “end time” is— (a) the time immediately before the end of the tax year, or (b) if in the tax year the person carrying on the business permanently ceases to carry it on, the time immediately before the person permanently ceases to carry on the business. (12) “Costs”, in relation to a loan, means— (a) interest on the loan, (b) an amount in connection with the loan that, for the person receiving or entitled to the amount, is a return in relation to the loan which is economically equivalent to interest, or (c) incidental costs of obtaining finance by means of the loan. (13) Section 58(2) to (4) (meaning of “incidental costs of obtaining finance”) apply for the purposes of subsection (12)(c). (14) In this section— “market value”, in relation to a property, means the price which the property might reasonably be expected to fetch— in the market conditions then prevailing, and between persons dealing with each other at arm's length in the open market; “property” means an estate, interest or right in or over land; “the wholly and exclusively rule” means the rule in section 34 (expenses not wholly and exclusively for trade and unconnected losses), as applied by section 272ZA (application of trading income rules: cash basis).

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307D Cash basis: modification of deduction for costs of loans

(1) Where section 307C provides that this section applies in calculating the profits of a property business for a tax year, the amount which is allowed as a deduction for costs of a loan in calculating the profits for the tax year is the non-adjusted deduction multiplied by the relevant fraction. This is subject to section 272A (restricting deductions for finance costs related to residential property). (2) “The non-adjusted deduction” means the deduction for costs of the loan that would be allowed, apart from section 272A and this section, in calculating the profits of the business for the tax year. (3) “The relevant fraction” means— V L where V and L have the same meaning as in section 307C. (4) For the meaning of “costs of a loan” see section 307C.

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307E Capital receipts under, or after leaving, cash basis

(1) This section applies in relation to a property business carried on by a person in two cases— (a) Case 1 (see subsections (2) to (4)), and (b) Case 2 (see subsections (5) to (8)). (2) Case 1 is a case in which conditions A and B are met. (3) Condition A is that the person receives disposal proceeds or a capital refund in relation to an asset in a tax year for which the profits of the property business are calculated on the cash basis (see section 271D). For the meaning of “disposal proceeds” and “capital refund” see subsections (9) and (10). (4) Condition B is that— (a) an amount of capital expenditure (see subsection (11)) relating to the asset has been brought into account in calculating the profits of the property business on the cash basis, or (b) an amount of relevant capital expenditure (see subsection (17)) relating to the asset has been brought into account in calculating the profits of the property business in accordance with GAAP (see section 271B)— (i) by means of a deduction allowed under section 58 or 59 (incidental costs of obtaining finance) (as applied by section 272) or section 311A (replacement domestic items relief), or (ii) under CAA 2001 (see subsection (20)). (5) Case 2 is a case in which— (a) condition C is met, and (b) condition D or E is met. (6) Condition C is that disposal proceeds or a capital refund arise to the person in relation to an asset in a tax year— (a) for which the profits of the property business are calculated in accordance with GAAP, and (b) which is after a tax year for which the profits of the business had been calculated on the cash basis. (7) Condition D is that an amount of capital expenditure relating to the asset— (a) has been paid in a tax year for which the profits of the property business were calculated on the cash basis, (b) has been brought into account in calculating the profits of the business on the cash basis, and (c) on the assumption that the profits had not been calculated on the cash basis at the time the expenditure was paid, would not have been qualifying expenditure. (8) Condition E is that— (a) an amount of capital expenditure relating to the asset has been brought into account in calculating the profits of the property business for a tax year in accordance with GAAP by means of a deduction allowed under section 58 or 59 (as applied by section 272) or section 311A, and (b) that tax year is before the tax year for which the person last entered the cash basis. (9) “Disposal proceeds” means— (a) any proceeds arising from the disposal of an asset or any part of it, (b) any proceeds arising from the grant of any right in respect of, or any interest in, the asset, or (c) any amount of damages, proceeds of insurance or other compensation received in respect of the asset. See also section 307F for circumstances in which a person is to be regarded as disposing of an asset. (10) “Capital refund” means an amount that is (in substance) a refund of capital expenditure relating to an asset. (11) “Capital expenditure” means expenditure of a capital nature incurred, or treated as incurred, on or in connection with— (a) the provision, alteration or disposal of an asset, or (b) the potential provision, alteration or disposal of an asset. (12) The disposal proceeds or capital refund mentioned in condition A or (as the case may be) condition C are to be brought into account as a receipt in calculating the profits of the property business. (13) In a case where only part of the total capital expenditure incurred, or treated as incurred, by the person in relation to the asset has been brought into account in calculating the profits of the property business (whether or not on the cash basis), the amount brought into account under subsection (12) is proportionately reduced. The reference in this subsection to expenditure brought into account includes a reference to expenditure brought into account under CAA 2001 (see subsection (20)). (14) Subsection (12) does not apply if the whole of the amount which would otherwise be brought into account under that subsection— (a) has already been brought into account as a receipt in calculating the profits of the property business under this section, (b) is brought into account as a receipt in calculating the profits of the business under any other provision of this Part (except section 334D(4) (assets not fully paid for)), or (c) is brought into account under Part 2 or 3A of CAA 2001 as a disposal value. The reference to any other provision of this Part in paragraph (b) includes a reference to any provision applied by section 272 or 272ZA. (15) If part of the amount which would otherwise be brought into account under subsection (12) has already been or is brought into account as mentioned in subsection (14), subsection (12) applies in relation to the remainder of that amount. (16) For the purposes of this section, any question as to whether or to what extent expenditure is brought into account in calculating the profits of a property business is to be determined on such basis as is just and reasonable in all the circumstances. (17) In subsection (4)(b) “relevant capital expenditure” means capital expenditure which— (a) has been incurred (or treated as incurred) by the person before the tax year for which the person last entered the cash basis, and (b) is cash basis deductible in relation to that tax year. (18) For the purposes of this section, a person carrying on a property business “enters the cash basis” for a tax year if the profits of the business are calculated— (a) on the cash basis for the tax year, and (b) in accordance with GAAP for the previous tax year. (19) Expenditure is “cash basis deductible” in relation to a tax year if, on the assumption that the expenditure was paid in that tax year, a deduction would be allowed in respect of the expenditure in calculating the profits of the property business on the cash basis for that tax year. (20) For the purposes of this section, expenditure is “brought into account under CAA 2001” in calculating the profits of a property business if and to the extent that— (a) a capital allowance made under Part 2 of that Act in respect of the expenditure is treated as an expense in calculating those profits (see sections 248 and 250 of that Act), or (b) qualifying expenditure (within the meaning of Part 2 of CAA 2001) is allocated to a pool for a relevant qualifying activity and is set-off against different disposal receipts. (21) An amount of qualifying expenditure is “set-off against different disposal receipts” if— (a) the amount would have been unrelieved qualifying expenditure carried forward in the pool for the relevant qualifying activity, but (b) the amount is not so carried forward because (and only because) one or more disposal values in respect of one or more assets, other than the asset in respect of which the qualifying expenditure was incurred (or treated as incurred), have at any time been brought into account in that pool. (22) For the purposes of subsections (20) and (21), an activity is a “relevant qualifying activity” if— (a) it is a qualifying activity mentioned in section 15(1)(b) or (d) of CAA 2001 (property business activities), and (b) the property business consists of or includes that qualifying activity. (23) For the purposes of subsection (21), an amount of qualifying expenditure incurred (or treated as incurred) by a person is not to be regarded as not carried forward because the person enters the cash basis. (24) In this section— “disposal value” means— in subsection (14)(c)— a disposal value for the purposes of Part 2 of CAA 2001 (see, in particular, section 61 of that Act), or proceeds from a balancing event for the purposes of Part 3A of that Act (see section 360O of that Act), and in subsection (21), a disposal value for the purposes of Part 2 of that Act; “pool” means the main pool or a class pool to which qualifying expenditure is allocated under Part 2 of CAA 2001 (see section 54 of that Act); “provision” includes creation, construction or acquisition; “qualifying expenditure” means qualifying expenditure within the meaning of Part 2 of CAA 2001 (see section 11(4) of that Act for the general rule); “unrelieved qualifying expenditure” means unrelieved qualifying expenditure for the purposes of Part 2 of CAA 2001 (see section 59(1) and (2) of that Act).

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307F Deemed capital receipts under, or after leaving, cash basis

(1) This section makes provision supplementary to section 307E. (2) If— (a) at any time a person ceases to use an asset or any part of it for the purposes of a property business (other than in the circumstances mentioned in subsection (5)), but (b) the person does not dispose of the asset (or that part) at that time, the person is to be regarded for the purposes of section 307E as disposing of the asset (or that part) at that time for an amount equal to the market value amount. (3) If at any time there is a material increase in the person's non-business use of an asset or any part of it, the person is to be regarded for the purposes of section 307E as disposing of the asset (or that part) at that time for an amount equal to the relevant proportion of the market value amount. (4) For the purposes of subsection (3)— (a) there is an increase in a person's non-business use of an asset (or part of an asset) if— (i) the proportion of the person's use of the asset (or that part) that is for the purposes of the property business decreases, and (ii) the proportion of the person's use of the asset (or that part) that is for other purposes (the “non-business use”) increases; (b) “the relevant proportion” is the difference between— (i) the proportion of the person's use of the asset (or part of the asset) that is non-business use, and (ii) the proportion of the person's use of the asset (or that part) that was non-business use before the increase mentioned in subsection (3). (5) If— (a) the property business in respect of which capital expenditure relating to an asset has been brought into account as mentioned in section 307E is an overseas property business, and (b) there is a move overseas, the person is to be regarded for the purposes of section 307E as disposing of the asset at the time of the move overseas for an amount equal to the market value amount. (6) For the purposes of subsection (5) there is a “move overseas” if— (a) the person ceases to be UK resident, or (b) the tax year is, as respects the person, a split year, and the overseas part of the tax year is the later part. (7) The move overseas occurs— (a) in a case falling within subsection (6)(a), on the last day of the tax year for which the person is UK resident, or (b) in a case falling within subsection (6)(b), on the last day of the UK part of the tax year. (8) In this section— “capital expenditure” has the same meaning as in section 307E, “market value amount” means the amount that would be regarded as normal and reasonable— in the market conditions then prevailing, and between persons dealing with each other at arm's length in the open market.

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307G Property allowance

(1) The rules for calculating the profits of an individual's property business are subject to Chapter 2 of Part 6A (property allowance). (2) That Chapter gives relief on relevant property income and, where relief is given, disallows all deductions under this Part which relate to that income (see, in particular, sections 783BC, 783BF and 783BH).

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308 Furnished lettings

(1) In calculating the profits of a property business which consists of or includes a furnished letting— (a) any sum payable for the use of furniture is brought into account as a receipt, and (b) a deduction is allowed for expenses of a revenue nature incurred in connection with the provision of furniture. (2) But subsection (1) does not apply to receipts or expenses brought into account in calculating the profits of a trade which consists of, or involves, making furniture available for use in premises. (3) A furnished letting is a lease or other arrangement under which— (a) a sum is payable in respect of the use of premises, and (b) the person entitled to the use of the premises is also entitled, in connection with that use, to the use of furniture. (4) In this section— (a) “premises” includes a caravan and a houseboat, and (b) “sum” includes the value of any consideration.

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section-308A

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section-308B

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section-308C

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309 Rent-a-room relief

(1) The rules for calculating the profits of an individual's UK property business are subject to Chapter 1 of Part 7 (rent-a-room relief). (2) That Chapter provides relief on income from the use of furnished accommodation in the individual's only or main residence (see, in particular, sections 793 and 797).

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310 Acquisition of business: receipts from transferor's UK property business

(1) This section applies if— (a) a person (“the transferor”) permanently ceased to carry on a UK property business at any time, (b) at that time the transferor transferred to another (“the transferee”) the right to receive sums arising from the carrying on of any business (“the transferred business”) comprised in the transferor's UK property business, and (c) the transferee subsequently carries on the transferred business. (2) Sums— (a) which the transferee receives as a result of the transfer, and (b) which are not brought into account in calculating the profits of the transferor's UK property business for any period before the cessation, are brought into account in calculating the profits of the transferee's UK property business in the period of account in which they are received. (3) Any sums mentioned in subsection (1)(b) which are received after the cessation of the transferor's property business are not post-cessation receipts (see Chapter 10). (4) This section has effect as if it were contained in Chapter 10.

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311 Reverse premiums

(1) This section applies if— (a) a person receives a reverse premium, and (b) the reverse premium is not brought into account under section 101(2) in calculating the profits of any trade carried on by the person. (2) The person is treated as— (a) entering into a transaction mentioned in section 264 (if the land to which the property transaction relates is in the United Kingdom) or section 265 (if that land is outside the United Kingdom), and (b) receiving the reverse premium as a result of that transaction. (3) Accordingly, the reverse premium is brought into account as a receipt in calculating the profits of the property business which consists of or includes that transaction. (4) Subsection (5) applies if— (a) two or more of the parties to the property arrangements are connected persons, and (b) the terms of those arrangements are not such as would reasonably have been expected if those persons had been dealing at arm's length. (5) The whole amount or value of the reverse premium is brought into account in the period of account in which the property transaction is entered into. (6) Expressions used in this section and sections 99 to 103 have the same meaning in this section as they do in those sections.

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311A Replacement domestic items relief

(1) This section applies if conditions A to D are met. (2) Condition A is that a person (“P”) carries on a property business in relation to land which consists of or includes a dwelling-house. (3) Condition B is that— (a) a domestic item has been provided for use in the dwelling-house (“the old item”), (b) P incurs expenditure on a domestic item for use in the dwelling-house (“the new item”), (c) the new item is provided solely for the use of the lessee, (d) the new item replaces the old item, and (e) following that replacement, the old item is no longer available for use in the dwelling-house. (4) Condition C is that a deduction for the expenditure is not prohibited by the wholly and exclusively rule but would otherwise be prohibited by the capital expenditure rule (see subsection (15)). (5) Condition D is that no allowance under CAA 2001 may be claimed in respect of the expenditure. (6) In calculating the profits of the business, a deduction for the expenditure is allowed. But this is subject to subsection (8). (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) No deduction is allowed for expenditure in a tax year if— (a) the person has rent-a-room receipts in respect of the dwelling-house for the tax year, and (b) section 793 or 797 (rent-a-room relief) applies in relation to those receipts. (9) The basic amount of the deduction is as follows— (a) where the new item is the same or substantially the same as the old item, the deduction is equal to the expenditure incurred by P on the new item; (b) where the new item is not the same or substantially the same as the old item, the deduction is equal to so much of the expenditure incurred by P on the new item as does not exceed the expenditure which P would have incurred on an item which is the same or substantially the same as the old item. Subsections (10) to (13) make further provision about the calculation of the deduction in certain cases. (10) If P incurs incidental expenditure of a capital nature in connection with the disposal of the old item or the purchase of the new item, the deduction is increased by the amount of the incidental expenditure. (11) If the old item is disposed of in part-exchange for the new item— (a) the expenditure incurred by P on the new item is treated as including an amount equal to the value of the old item, and (b) the deduction is reduced by that amount. (12) If the old item is disposed of other than in part-exchange for the new item, the deduction is reduced by the amount or value of any consideration in money or money's worth which P or a person connected with P receives, or is entitled to receive, in respect of the disposal. (13) For the purposes of subsection (12), where the old item is disposed of together with other consideration, the consideration in respect of the disposal mentioned in that subsection is taken not to include the amount of, or an amount equal to the value of, that other consideration. (14) In this section, “domestic item” means an item for domestic use (such as furniture, furnishings, household appliances and kitchenware), and does not include anything that is a fixture. “Fixture”— means any plant or machinery that is so installed or otherwise fixed in or to a dwelling-house as to become, in law, part of that dwelling-house, and includes any boiler or water-filled radiator installed in a dwelling-house as part of a space or water heating system. “Plant or machinery” here has the same meaning as in Part 2 of CAA 2001. (15) In this section— “the capital expenditure rule” means— in relation to a property business whose profits are calculated in accordance with GAAP, section 33 (capital expenditure), as applied by section 272, and in relation to a property business whose profits are calculated on the cash basis, section 307B (cash basis: capital expenditure); “lessee” means the person who is entitled to the use of the dwelling-house under a lease or other arrangement under which a sum is payable in respect of the use of the dwelling-house; “the wholly and exclusively rule” means ... section 34 (expenses not wholly and exclusively for trade and unconnected losses), as applied by section 272 or 272ZA.

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312 Deduction for expenditure on energy-saving items

(1) This section applies if— (a) a person carries on a property business in relation to land which consists of or includes a dwelling-house, (b) the person incurs expenditure in acquiring and installing an energy-saving item in the dwelling-house or in a building containing the dwelling-house (see subsections (5) to (7)), (c) the expenditure is incurred before 6th April 2015 , (d) a deduction for the expenditure is not prohibited by the wholly and exclusively rule but would otherwise be prohibited by the capital prohibition rule (see subsection (8)), and (e) no allowance under CAA 2001 may be claimed in respect of the expenditure. (2) In calculating the profits of the business, a deduction for the expenditure is allowed. (3) But any deduction is subject to— (a) section 313 (restrictions on the relief), and (b) any provision made by regulations under section 314. (4) If, on a just and reasonable apportionment of any expenditure, part of the expenditure would qualify for the relief (but the remainder would not), a deduction is allowed for that part. (5) “Energy-saving item” means— (a) cavity wall insulation, (b) loft insulation, or (c) such other descriptions of items of an energy-saving nature as are for the time being specified in regulations made by the Treasury. (6) The Treasury may by regulations provide for an item to be treated as an energy-saving item only if it satisfies such conditions as may be— (a) specified in, or (b) determined in accordance with, the regulations. (7) The conditions may include conditions imposed by reference to information or documents issued by any body, person or organisation. (8) In this section— “the capital prohibition rule” means the rule in section 33 (capital expenditure), as applied by section 272, and “the wholly and exclusively rule” means the rule in section 34 (expenses not wholly and exclusively for trade and unconnected losses), as applied by section 272.

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313 Restrictions on relief

(1) This section restricts deductions that would otherwise be allowable under section 312. (2) No deduction is allowed if, when the energy-saving item is installed, the dwelling-house— (a) is in the course of construction, or (b) is comprised in land in which the person does not have an interest or is in the course of acquiring an interest or further interest. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) No deduction is allowed if— (a) the person derives rent-a-room receipts from the dwelling-house, and (b) those receipts are brought into account in calculating the profits of the business in accordance with section 793 or 797 (rent-a-room relief). (5) No deduction is allowed in respect of expenditure treated by section 57 (as applied by section 272) as incurred on the date on which the person starts to carry on the business unless the expenditure was incurred not more than 6 months before that date. (6) No deduction is allowed in respect of expenditure incurred in acquiring and installing the energy-saving item in a building containing the dwelling-house in so far as the expenditure is not for the benefit of the dwelling-house.

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314 Regulations

(1) In relation to any deduction under section 312, the Treasury may make regulations for— (a) restricting or reducing the amount of expenditure for which the deduction is allowable, (b) excluding entitlement to the deduction in such cases as may be specified in, or determined in accordance with, the regulations, (c) determining who is (and is not) entitled to the deduction if different persons have different interests in land that consists of or includes the whole or part of a building containing one or more dwelling-houses, (d) making apportionments if the property business is carried on by persons in partnership or an interest in land is beneficially owned by persons jointly or in common. (2) The apportionments that may be made include apportionments to companies within the charge to corporation tax. (3) Regulations under this section may— (a) make different provision for different cases, and (b) contain incidental, supplemental, consequential and transitional provision and savings (including provision as to appeals in relation to apportionments mentioned in subsection (1)(d)).

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315 Deduction for expenditure on sea walls

(1) This section applies if in a tax year a person — (a) is the owner or tenant of any premises, and (b) incurs expenditure in making a sea wall or other embankment necessary for the preservation or protection of the premises against the encroachment or overflowing of the sea or any tidal river. (2) In calculating the profits of any property business carried on by the person in relation to the premises, a deduction is allowed for the expenditure in each tax year in the deduction period. (3) The deduction period comprises— (a) the tax year in which the expenditure is incurred, and (b) the next 20 tax years. (4) The amount of the deduction is 1/21 of the expenditure. (5) No deduction is allowed for any expenditure in respect of which a capital allowance has been made. (6) Section 316 deals with the case of an interest in the premises being transferred (and this section applies in that case as if the reference to the person in subsection (2) above included the transferor and the transferee). (7) In calculating the profits of a property business on the cash basis, any reference in this section to the incurring of expenditure is to the paying of expenditure.

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316 Transfer of interest in premises

(1) This section applies if, during the deduction period, the whole of the person's interest in the premises or in any part of them is transferred, whether by operation of law or otherwise. (2) For the tax year in which the transfer takes place— (a) the transferor and the transferee are entitled to a part of any deduction under section 315, and (b) the amount of the deduction is determined by what is just and reasonable. (3) For subsequent tax years in the deduction period, the entitlement to any deduction under section 315 depends on whether the interest transferred is in the whole of the premises or in part of them. (4) If the interest transferred is in the whole of the premises, the transferee (but not the transferor) is entitled to any deduction under section 315. (5) If the interest transferred is in part of the premises— (a) the transferor and the transferee are entitled to a part of any deduction under section 315, and (b) the amount of the deduction is determined by reference to what is properly referable to the part of the premises. (6) This section is supplemented by sections 317 (ending of lease of premises) and 318 (transfer involving company within the charge to corporation tax).

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317 Ending of lease of premises

(1) If a person's interest in the premises is a lease that comes to an end before the end of the deduction period, the interest is treated as if transferred to the following persons. (2) If a new lease of the premises is granted and the new tenant makes a payment in respect of the embankment in question to the old tenant, the transferee is the new tenant. (3) Otherwise the transferee is the owner of the interest in immediate reversion on the lease (or, in Scotland, the landlord).

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318 Transfer involving company within the charge to corporation tax

(1) This section explains how section 316 works if— (a) the transferor is a person within the charge to income tax and the transferee is a company within the charge to corporation tax, or (b) the transferor is a company within the charge to corporation tax and the transferee is a person within the charge to income tax. (2) Section 316 applies only for the purpose of determining— (a) whether the person within the charge to income tax is entitled to a deduction (or part of a deduction) under section 315, and (b) the amount of any such deduction. (3) Accordingly, any reference to— (a) whether a person is entitled to a deduction (or part of a deduction) under section 315, or (b) the amount of any such deduction, is ignored if the person is a company within the charge to corporation tax. (4) For any entitlement of a company within the charge to corporation tax to a deduction for any of the expenditure, see sections 255 to 257 of CTA 2009 (corresponding corporation tax provision).

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319 Relief in respect of mineral royalties

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320 Nature of item apportioned on sale of estate or interest in land

(1) This section applies if— (a) a person sells an estate or interest in land, (b) on the sale a part of a receipt or outgoing in respect of the estate or interest is apportioned to the seller, and (c) the receipt or outgoing is receivable or to be paid by the buyer after the apportionment is made. (2) In calculating the profits of the seller's property business, the part apportioned is treated as being of the same nature as the receipt or outgoing.

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321 Mutual business

(1) Nothing in this Part is to be read as applying the rules relating to mutual business to property businesses. (2) Accordingly, receipts and expenses are to be brought into account in calculating the profits of a person's property business even if a relationship of mutuality exists between that person and another.

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329 Application of Chapter

(1) This Chapter applies if— (a) a person carrying on a UK property business changes, from one period of account to the next, the basis on which profits of the business are calculated for income tax purposes, (b) the old basis accorded with the law or practice applicable in relation to the period of account before the change, and (c) the new basis accords with the law and practice applicable in relation to the period of account after the change. (2) The practice applicable in any case means the accepted practice in cases of that description as to how profits of a UK property business should be calculated for income tax purposes. (3) Subsections (3) to (6) of section 227 (what is meant by a person changing the basis on which profits are calculated) apply for the purposes of this section as they apply for the purposes of that section (but as if any reference to a trade were to a UK property business).

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329A Application of Chapter where cash basis used

This Chapter applies if— (a) the profits of a property business are calculated— (i) on the cash basis for a tax year (see section 271D), and (ii) in accordance with GAAP (see section 271B) for the following tax year, or (b) the profits of a property business are calculated— (i) in accordance with GAAP for a tax year, and (ii) on the cash basis for the following tax year.

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330 Adjustment income and adjustment expense

(1) An amount by way of adjustment must be calculated in accordance with section 231, which applies in relation to a UK property business as it applies in relation to a trade. (2) If the amount produced by the calculation is positive, it is treated as income and charged to income tax under this Chapter. It is referred to in this Chapter as “adjustment income”. (3) If the amount produced by the calculation is negative, a deduction is allowed for it in calculating the profits of the business. It is referred to in this Chapter as an “adjustment expense”. (4) This section is subject to section 234 (no adjustment for certain expenses previously brought into account), which applies in relation to a UK property business as it applies in relation to a trade.

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