Income Tax (Trading and Other Income) Act 2005 Explanatory Notes

Section 865: Unpaid remuneration: non-trades and non-property businesses

3260.This section is based on section 43 of FA 1989. That section applies where profits or gains are to be “charged under Schedule D for a period of account…”. Profits or gains may be calculated for a period of account in respect of a business which is neither a trade, profession or vocation nor a property business (for example, a business whose income is charged under Chapter 3 of Part 5 of this Act (films and sound recordings: non-trade businesses)).

3261.This section uses “profits or other income”, as do other sections in this Chapter, rather than “profits or gains”, to define the scope of the rule. See the commentary on the omission of “gains” in the overview to Chapter 2 of Part 2 of this Act.

3262.The section alters the claim procedure. See Change 8 in Annex 1.

3263.See the related commentary on sections 36 and 37 of this Act.

3264.See also paragraph 154 of Schedule 2 to this Act which preserves the commencement rule for the amendment of the source legislation by Schedule 24 to FA 2003.

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