Income Tax (Trading and Other Income) Act 2005

Adjustment on change of basis U.K.

56 (1) Chapter 17 of Part 2 applies to a change of basis taking effect for a period of account which ends on or after 6th April 2005. U.K.

(2) For this purpose the period of account for which a change of basis takes effect is the first period of account for which the new basis is adopted.

57 (1) Subject to sub-paragraph (3), section 232 applies before 6th April 2006 with the following amendment. U.K.

(2) In subsection (4)—

(a) before paragraph (a) insert—

“(aa) relevant earnings within section 623(2)(c) or 644(2)(c) of ICTA, or”,

(b) omit paragraph (b) and the word “or” before it, and

(c) for “earned income or relevant UK earnings” substitute “ relevant earnings or earned income ”.

(3) The power of the Treasury to make an order under section 281 or 283 of FA 2004 has effect as if Schedule 35 to that Act contained an amendment substituting section 232(4) of this Act for that subsection as amended by sub-paragraph (2) above.

58 U.K. If—

(a) an individual has made an election under paragraph 12 of Schedule 22 to FA 2002 (election by barrister or advocate to accelerate adjustment charge),

(b) as a result of the election sub-paragraph (4) of that paragraph applies in relation to the tax year 2004-05, and

(c) the election is in force immediately before 6th April 2005,

the election continues to apply in relation to the tax year 2005-06 and subsequent tax years (despite paragraph 3 of this Schedule).

59 U.K. Section 104(4) of ICTA (which, despite its repeal, applies in relation to any change of accounting basis occurring before 6th April 1999) does not apply if the person who would be liable to tax as a result of the change was born before 6th April 1917.