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Income Tax (Trading and Other Income) Act 2005
2005 Chapter 5 - continued
PART 3, PROPERTY INCOME - continued

back to previous text
 
 CHAPTER 3
 PROFITS OF PROPERTY BUSINESSES: BASIC RULES
 
Charge to tax on profits of a property business
268    Charge to tax on profits of a property business
 
 Income tax is charged on the profits of a property business.
 
269    Territorial scope of charge to tax
 
     (1) Profits of a UK property business are chargeable to tax under this Chapter whether the business is carried on by a UK resident or a non-UK resident.
 
     (2) Profits of an overseas property business are chargeable to tax under this Chapter only if the business is carried on by a UK resident.
 
     (3) But, in the case of an overseas property business carried on by a UK resident to whom the remittance basis applies, the only profits of the business chargeable to tax under this Chapter are those in respect of land in the Republic of Ireland.
 
     (4) For a UK resident to whom the remittance basis applies, see also Chapter 11 (charge to tax on overseas property income other than income arising in Republic of Ireland).
 
270    Income charged
 
     (1) Tax is charged under this Chapter on the full amount of the profits arising in the tax year.
 
     (2) Subsection (1) is subject to Part 8 (foreign income: special rules).
 
271    Person liable
 
 The person liable for any tax charged under this Chapter is the person receiving or entitled to the profits.
 
 
Calculation of profits
272    Profits of a property business: application of trading income rules
 
     (1) The profits of a property business are calculated in the same way as the profits of a trade.
 
     (2) But the provisions of Part 2 (trading income) which apply as a result of subsection (1) are limited to the following-
 
 
 
In Chapter 3 (basic rules)-
 
section 25
 
generally accepted accounting practice
 
section 26
 
losses calculated on same basis as profits
 
section 27
 
receipts and expenses
 
section 28
 
items treated under CAA 2001 as receipts and expenses
 
section 29
 
interest
 
In Chapter 4 (rules restricting deductions)-
 
section 33
 
capital expenditure
 
section 34
 
expenses not wholly and exclusively for trade and unconnected losses
 
section 35
 
bad and doubtful debts
 
sections 36 and 37
 
unpaid remuneration
 
sections 38 to 44
 
employee benefit contributions
 
sections 45 to 47
 
business entertainment and gifts
 
sections 48 to 50
 
car or motor cycle hire
 
section 51
 
patent royalties
 
section 52
 
exclusion of double relief for interest
 
section 53
 
social security contributions
 
section 54
 
penalties, interest and VAT surcharges
 
section 55
 
crime-related payments
 
In Chapter 5 (rules allowing deductions)-
 
section 57
 
pre-trading expenses
 
sections 58 and 59
 
incidental costs of obtaining finance
 
section 68
 
replacement and alteration of trade tools
 
section 69
 
payments for restrictive undertakings
 
sections 70 and 71
 
seconded employees
 
section 72
 
payroll deduction schemes: contributions to agents' expenses
 
sections 73 to 75
 
counselling and retraining expenses
 
sections 76 to 80
 
redundancy payments etc.
 
section 81
 
personal security expenses
 
sections 82 to 86
 
contributions to local enterprise organisations or urban regeneration companies
 
sections 87 and 88
 
scientific research
 
sections 89 and 90
 
expenses connected with patents, designs and trade marks
 
section 91
 
payments to Export Credits Guarantee Department
 
In Chapter 6 (receipts)-
 
section 96
 
capital receipts
 
section 97
 
debts incurred and later released
 
section 104
 
distribution of assets of mutual concerns
 
section 105
 
industrial development grants
 
section 106
 
sums recovered under insurance policies etc.
 
In Chapter 7 (gifts to charities etc.)-
 
section 109
 
receipt by donor or connected person of benefit attributable to certain gifts
 
In Chapter 11 (other specific trades)-
 
section 155
 
levies and repayments under FISMA 2000
 
In Chapter 13 (deductions from profits)-
 
sections 188 to 191
 
unremittable amounts
     (3) In those provisions the expression "this Part" is to be read as a reference to those provisions as applied by subsection (2) and to the other provisions of Part 3.
 
273    Amounts not brought into account as part of a property business
 
     (1) The rules for calculating the profits of a property business need to be read with the following provisions of Part 2 (trading income)-
 
 
    (a) section 19 (tied premises),
 
    (b) section 20 (caravan sites where trade carried on),
 
    (c) section 21 (surplus business accommodation), and
 
    (d) section 22(3) (payments for wayleaves).
     (2) Those provisions secure that amounts which would otherwise be brought into account in calculating the profits of the business are, or may be, brought into account instead in calculating the profits of a trade.
 
274    Relationship between rules prohibiting and allowing deductions
 
     (1) Any relevant permissive rule in this Part-
 
 
    (a) has priority over any relevant prohibitive rule in this Part, but
 
    (b) is subject to sections 48 (car or motor cycle hire) and 55 (crime-related payments), as applied by section 272.
     (2) In this section "any relevant permissive rule in this Part" means any provision of this Part (apart from sections 291 to 294) which allows a deduction in calculating the profits of a property business.
 
     (3) In this section "any relevant prohibitive rule in this Part", in relation to any deduction, means any provision of this Part (apart from sections 48 and 55, as applied by section 272) which might otherwise be read as-
 
 
    (a) prohibiting the deduction, or
 
    (b) restricting the amount of the deduction.
     (4) In this section any reference to any provision of this Part includes any provision applied by section 272.
 
 
Apportionment of profits
275    Apportionment etc. of profits to tax year
 
     (1) This section applies if a period of account of a property business does not coincide with a tax year.
 
     (2) Any of the following steps may be taken if they are necessary in order to arrive at the profits or losses of the tax year-
 
 
    (a) apportioning the profits or losses of a period of account to the parts of that period falling in different tax years, and
 
    (b) adding the profits or losses of a period of account (or part of a period) to profits or losses of other periods of account (or parts).
     (3) The steps must be taken by reference to the number of days in the periods concerned.
 
     (4) But the person carrying on the business may use a different way of measuring the length of the periods concerned if-
 
 
    (a) it is reasonable to do so, and
 
    (b) the way of measuring the length of periods is used consistently for the purposes of the business.
 continue
 
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