Search Legislation

Corporation Tax Act 2009

Changes over time for: Cross Heading: Introduction

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Corporation Tax Act 2009. Any changes that have already been made by the team 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 Part 10 Chapter 3 Crossheading Introduction:

  • S 1217N(3) modified by 2010 c. 4 s. 357UI (as inserted) by 2015 c. 21 s. 1

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):

IntroductionU.K.

934Charge to tax on estate incomeU.K.

(1)The charge to corporation tax on income applies to estate income.

(2)In this Chapter—

  • estate” means the estate of a deceased person (whether a UK estate or a foreign estate), and

  • estate income” means the income treated under this Chapter as arising from an absolute, limited or discretionary interest in the whole or part of the residue of an estate.

(3)If different parts of an estate are subject to different residuary dispositions, those parts are treated for the purposes of this Chapter as if they were separate estates.

935Absolute, limited and discretionary interestsU.K.

(1)A person has an absolute interest in the whole or part of the residue of an estate for the purposes of this Chapter if—

(a)the capital of the residue or that part is properly payable to the person, or

(b)it would be so payable if the residue had been ascertained.

(2)A person has a limited interest in the whole or part of the residue of an estate during any period for the purposes of this Chapter if—

(a)the person does not have an absolute interest in it, and

(b)the income from it would be properly payable to the person if the residue had been ascertained at the beginning of that period.

(3)A person has a discretionary interest in the whole or part of the residue of an estate for the purposes of this Chapter if—

(a)a discretion may be exercised in the person's favour, and

(b)on its exercise in the person's favour any of the income of the residue during the whole or part of the administration period (see section 938) would be properly payable to the person if the residue had been ascertained at the beginning of that period.

(4)For the purposes of this section, an amount is only treated as properly payable to a person (“A”) if—

(a)it is properly payable to A, or to another person in A's right, for A's benefit, or

(b)A is a personal representative and subsection (5) applies.

(5)The personal representatives of a deceased person (“B”) are to be treated as having an absolute or limited interest in the whole or part of the residue of the estate of another deceased person (“C”) if—

(a)they have a right in their capacity as B's personal representatives, and

(b)were the right vested in them for their own benefit, they would have that interest in C's estate.

(6)For the purposes of subsection (4), it does not matter whether the amount is payable directly by the personal representatives or through a trustee or other person.

936Meaning of “UK estate” and “foreign estate”U.K.

(1)In this Chapter—

  • UK estate”, in relation to a tax year, means an estate which meets conditions A and B, or condition C, for that year, and

  • foreign estate”, in relation to a tax year, means an estate which is not a UK estate in relation to that year.

(2)Condition A is that all the income of the estate either—

(a)has borne United Kingdom income tax by deduction, or

(b)is income in respect of which the personal representatives are directly assessable to United Kingdom income tax for the tax year.

(3)Condition B is that none of the income of the estate is income for which the personal representatives are not liable to United Kingdom income tax for the tax year because they are not UK resident F1....

(4)For the purposes of conditions A and B, sums within section 963(3) or (4) (sums treated as bearing income tax) are ignored.

(5)Condition C is that the aggregate income of the estate for the tax year consists only of sums within section 963(3) or (4).

Textual Amendments

F1Words in s. 936(3) omitted (with application in accordance with Sch. 46 para. 139(2) of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 46 para. 139(1)

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