Income Tax (Trading and Other Income) Act 2005

Overlap profit: pre-April 1994 trades, professions and vocations

53 (1) This paragraph applies in the case of income which—

(a) was immediately derived from the carrying on of a trade, profession or vocation set up and commenced by a person before 6th April 1994 and continued by the person after 5th April 1998, and

(b) was chargeable to income tax under Case IV or V of Schedule D for the tax year 1997-98.

(2) But, in the case of income which was chargeable to tax by reference to the amounts of income received in the United Kingdom, this paragraph applies only if the date on which the first amount of income was received in the United Kingdom was before 6th April 1994.

(3) For the purposes of Chapter 15 of Part 2 “overlap profit” includes the amount of profits or gains of the basis period for the tax year 1997-98 which arose before 6th April 1997.

(4) This paragraph is subject to Schedule 22 to FA 1995 (prevention of exploitation of the transitional rules facilitating self-assessment).