http://www.legislation.gov.uk/ukpga/2005/5/section/23AIncome Tax (Trading and Other Income) Act 2005An Act to restate, with minor changes, certain enactments relating to income tax on trading income, property income, savings and investment income and certain other income; and for connected purposes.texttext/xmlenStatute Law Database2026-07-30Expert Participation2026-07-15 Income Tax (Trading and Other Income) Act 2005s. 168(6)(e) and wordPlanning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 370(b)Sch. 5 Pt. 1s. 5(2) Part 2Chapter 223A1Section 23E (tax treatment of relevant benefits) applies if Conditions A to E are met.2Condition A is that a person (“T”) is or has been carrying on a trade (the “relevant trade”) alone or in partnership.3Condition B is that—athere is an arrangement (“the arrangement”) in connection with the relevant trade to which T is a party or which otherwise (wholly or partly) covers or relates to T, andbit is reasonable to suppose that, in essence—ithe arrangement, oriithe arrangement so far as it covers or relates to T,is (wholly or partly) a means of providing, or is otherwise concerned with the provision of, relevant benefits.4Condition C is that—aa relevant benefit arises to T, or a person who is or has been connected with T, in pursuance of the arrangement, orba relevant benefit arises to any other person in pursuance of the arrangement and any of the enjoyment conditions (see section 23F) is met in relation to the relevant benefit.5Condition D is that it is reasonable to suppose that the relevant benefit (directly or indirectly) represents, or has arisen or derives from, or is otherwise connected with, the whole or part of a qualifying third party payment.6Condition E is that it is reasonable to suppose that a tax advantage would be obtained by T, or a person who is or has been connected with T, as a result of the arrangement.7For the purposes of subsection (3) in particular, all relevant circumstances are to be taken into account in order to get to the essence of the matter.8In this section and sections 23B to 23H, “this group of sections” means this section and those sections.9The provisions of this group of sections apply to professions and vocations as they apply to trades.10See Schedule 12 to F(No.2)A 2017 for provision about the application of this group of sections in relation to loans and quasi-loans that are outstanding on 5 April 2019.Ss. 23A-23H and cross-heading inserted (16.11.2017) (with effect in accordance with s. 35(4) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 35(2)Ss. 23A-23H modified (16.11.2017) (with application in accordance with Sch. 12 para. 1(2) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 12 para. 1(1) (as amended (22.7.2020) by Finance Act 2020 (c. 14), s. 16(5)(a))