Search Legislation

Income Tax (Trading and Other Income) Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Income Tax (Trading and Other Income) Act 2005, Chapter 3 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Chapter 3U.K.Supplementary and general provisions

Orders and regulationsU.K.

873Orders and regulations made by Treasury or [F1Commissioners]U.K.

(1)Any power of the Treasury or [F2the Commissioners for Her Majesty’s Revenue and Customs] to make any order or regulations under this Act is exercisable by statutory instrument.

(2)Any statutory instrument containing any order or regulations made by the Treasury or [F2the Commissioners for Her Majesty’s Revenue and Customs] under this Act is subject to annulment in pursuance of a resolution of the House of Commons.

(3)Subsection (2) does not apply in relation to any order or regulations made under—

(a)section 86 (meaning of “urban regeneration company”),

(b)section 724 (purchased life annuity payments),

[F3(ba)section 608N (offshore receipts in respect of intangible property),]

(c)section 774 (income from securities issued by designated international organisations),

[F4(ca)section 828A (qualifying care relief: indexation of amounts),] or

(d)section 883(5) (transitional or saving provision).

[F5(4)Further, subsection (2) does not apply if any other Parliamentary procedure is expressly provided to apply in relation to the order or regulations.]

Textual Amendments

F3S. 873(3)(ba) inserted (with effect in accordance with Sch. 3 para. 7 of the amending Act) by Finance Act 2019 (c. 1), Sch. 3 para. 5

F4S. 873(3)(ca) inserted (6.4.2023 for the tax year 2023-24 and subsequent tax years) by Finance (No. 2) Act 2023 (c. 30), s. 28(5)(6)

F5S. 873(4) inserted (with effect in accordance with Sch. 19 para. 14 of the amending Act) by Finance Act 2009 (c. 10), Sch. 19 para. 8

Modifications etc. (not altering text)

C1S. 873(4) excluded by 2009 c. 10, Sch. 19 para. 14(3) (as inserted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by Finance Act 2016 (c. 24), Sch. 1 para. 66(3))

InterpretationU.K.

874Activities in UK sector of continental shelfU.K.

(1)Any profits—

(a)from exploration or exploitation activities carried on in the UK sector of the continental shelf, or

(b)from exploration or exploitation rights,

are treated for income tax purposes as profits from activities or property in the United Kingdom.

(2)In this section—

  • exploration or exploitation activities” means activities carried on in connection with the exploration or exploitation of so much of the seabed and subsoil and their natural resources as is situated in the United Kingdom or the UK sector of the continental shelf,

  • exploration or exploitation rights” means rights to assets to be produced by exploration or exploitation activities or interests in or to the benefit of such assets, and

  • the UK sector of the continental shelf” means the areas designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 (c. 29).

875Meaning of “caravan”U.K.

(1)In this Act “caravan” means—

(a)a structure designed or adapted for human habitation which is capable of being moved by being towed or being transported on a motor vehicle or trailer, or

(b)a motor vehicle designed or adapted for human habitation,

but does not include railway rolling stock which is on rails forming part of a railway system or any tent.

(2)A structure composed of two sections—

(a)separately constructed, and

(b)designed to be assembled on a site by means of bolts, clamps or other devices,

is not prevented from being a caravan just because it cannot, when assembled, be lawfully moved on a highway (or, in Scotland or Northern Ireland, road) by being towed or being transported on a motor vehicle or trailer.

876Meaning of “farming” and related expressionsU.K.

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6S. 876 repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 583, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

877Meaning of grossing upU.K.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7S. 877 repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss.1027, 1031, 1034, Sch. 1 para. 584, Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

878Other definitionsU.K.

(1)In this Act, unless otherwise indicated (whether expressly or by implication)—

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • houseboat” means a boat or similar structure designed or adapted for use as a place of human habitation, [F10and]

  • F11income” includes amounts treated as income (whether expressly or by implication),

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • non-UK resident” means not resident in the United Kingdom (and references to a non-UK resident or a non-UK resident person are to a person who is not resident there),

  • normal self-assessment filing date”, in relation to a tax year, means the 31st January following the tax year,

  • personal representatives”, in relation to a person who has died, means—

    (a)

    in the United Kingdom, persons responsible for administering the estate of the deceased, and

    (b)

    in a territory outside the United Kingdom, those persons having functions under its law equivalent to those of administering the estate of the deceased,

  • tax year”, in relation to income tax, means a year for which any Act provides for income tax to be charged,

  • the tax year 2005-06” means the tax year beginning on 6th April 2005 (and any corresponding expression in which two years are similarly mentioned is to be read in the same way), and

  • UK resident” means resident in the United Kingdom (and references to a UK resident or a UK resident person are to a person who is resident there).

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this Act any reference to a claim or election is to a claim or election in writing or in any form authorised (in relation to the case in question) by directions under [F13section 43E(1) of TMA 1970].

(4)For further information about claims and elections, see TMA 1970 [F14more generally (but in] particular, section 42(2), (10) and (11) and Schedule 1A).

(5)[F15Section 993 of ITA 2007] (how to tell whether persons are connected) applies for the purposes of this Act unless otherwise indicated (whether expressly or by implication).

(6)[F16 Section 995 of ITA 2007 (meaning of “control”)] applies for the purposes of this Act unless otherwise indicated (whether expressly or by implication).

Textual Amendments

F8S. 878(1): definitions of "the Board of Inland Revenue" and "the Inland Revenue" repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 52, 53(1), Sch. 4 para. 134(1), Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)

F9S. 878(1): definition of 'charity' repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 585(2)(a), Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F10Word in s. 878(1) inserted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 585(2)(b) (with transitional provisions and savings in Sch. 2)

F11By Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 585(2)(c), Sch. 3 Pt. 1 it is provided that the words in s. 878(1) after the definition of 'income' are repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) (with transitional provisions and savings in Sch. 2)

F12S. 878(2) omitted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 7 para. 71

F13Words in s. 878(3) substituted (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 90(2) (with Sch. 9 paras. 1-9, 22)

F14Words in s. 878(4) substituted (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 90(3) (with Sch. 9 paras. 1-9, 22)

F15Words in s. 878(5) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 585(3) (with transitional provisions and savings in Sch. 2)

F16Words in s. 878(6) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 585(4) (with transitional provisions and savings in Sch. 2)

879Interpretation: ScotlandU.K.

(1)In the application of this Act to Scotland—

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • mortgage” means—

    (a)

    a standard security, or

    (b)

    a heritable security, as defined in the Conveyancing (Scotland) Act 1924 (c. 27), but including a security constituted by ex facie absolute disposition or assignation, F17. . .

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the application of section 755 (interest on foreign currency securities etc. owned by non-UK residents) to Scotland, “Act” includes an Act of the Scottish Parliament.

(4)In the application of sections 769 (housing grants) and 882 (consequential amendments) and Part 1 of Schedule 2 (transitionals and savings: general provisions) to Scotland, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(5)The express provision made by subsection (4) does not affect the construction of “enactment” in the application of section 631 (retained and accumulated income) to Scotland.

Textual Amendments

F17S. 879(1): definitions of 'assignment' and 'surrender' and word preceding definition of 'surrender' repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 586(a), Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F18S. 879(2) repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 586(b), Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

880Interpretation: Northern IrelandU.K.

(1)In the application of section 755 (interest on foreign currency securities etc. owned by non-UK residents) to Northern Ireland, “Act” includes any Act, Order in Council or Measure constituting Northern Ireland legislation.

(2)In the application of section 769 (housing grants) and 882 (consequential amendments) and Part 1 of Schedule 2 (transitionals and savings: general provisions) to Northern Ireland, “enactment” includes an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

(3)The express provision made by subsection (2) does not affect the construction of “enactment” in the application of section 631 (retained and accumulated income) to Northern Ireland.

General and finalU.K.

F19881Disapplication of corporation tax: section 9 of ICTAU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19S. 881 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 644, Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

882Consequential amendmentsU.K.

(1)Schedule 1 (which contains consequential amendments) has effect.

(2)The Treasury may by order make such modifications of any enactment or provision made under an enactment as the Treasury consider appropriate in consequence of this Act.

(3)In subsection (2) “modifications” includes amendments or repeals.

(4)An order under subsection (2)—

(a)must not change the effect of the law as it was immediately before 6th April 2005, and

(b)may include such transitional or saving provision as the Treasury consider appropriate.

(5)Subsection (4)(a) does not apply so far as an order contains provision made in consequence of a change already made by this Act in the effect of the law.

Commencement Information

I1S. 882 wholly in force at 6.4.2005; s. 882(2)-(5) in force at Royal Assent and s. 882(1) in force at 6.4.2005 see s. 883

883Commencement and transitional provisions etc.U.K.

(1)This Act comes into force on 6th April 2005 and has effect—

(a)for income tax purposes, for the tax year 2005-06 and subsequent tax years, and

(b)for corporation tax purposes, for accounting periods ending after 5th April 2005.

(2)Subsection (1) is subject to subsections (3) to (5) (including Schedule 2).

(3)Subsection (1) does not apply to the following provisions of this Act (which therefore come into force on the passing of this Act)—

(a)section 873 (orders and regulations made by Treasury or [F20Commissioners]),

(b)sections 875 to 881 (certain interpretation and general provisions),

(c)section 882(2) to (5) (power to make consequential amendments),

(d)this section other than subsection (4) below,

(e)section 885 and Schedule 4 (abbreviations and general index),

(f)section 886 (short title), and

(g)paragraphs 78 and 148(5) of Schedule 2 (powers relating to open-ended investment companies and periodical payments of personal injury damages etc.) and subsection (4) below so far as it applies for the purposes of those provisions.

(4)Schedule 2 (which contains transitional provisions and savings etc.) has effect.

(5)The Treasury may by order make such transitional or saving provision as the Treasury consider appropriate in connection with the coming into force of this Act.

Textual Amendments

Commencement Information

I2S. 883 wholly in force at 6.4.2005; s. 883(1)-(3)(5) in force at Royal Assent and s. 883(4) in force for certain purposes at Royal Assent and s. 883(4) in force at 6.4.2005 in so far as not already in force see s. 883

884Repeals and revocationsU.K.

Schedule 3 (which contains repeals and revocations of enactments including certain spent enactments) has effect.

885Abbreviations and general index in Schedule 4U.K.

(1)Schedule 4 (which contains abbreviations and defined expressions that apply for the purposes of this Act) has effect.

(2)Part 1 of that Schedule gives the meaning of the abbreviated references to Acts used in this Act.

(3)Part 2 of that Schedule lists the places where expressions used in this Act are defined or otherwise explained—

(a)in this Act for the purposes of this Act or for purposes including this Act,

(b)in this Act for the purposes of a Part or Chapter of this Act, or

(c)in [F21another Act] for the purposes of this Act.

Textual Amendments

F21Words in s. 885(3)(c) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 587 (with transitional provisions and savings in Sch. 2)

886Short titleU.K.

This Act may be cited as the Income Tax (Trading and Other Income) Act 2005.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources