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Corporation Tax Act 2010

Chapter 3: Unauthorised unit trusts
Overview

1946.This Chapter contains special rules relating to the income and capital expenditure of unit trusts. It is based on section 469 of ICTA. The corresponding income tax provisions are in Chapter 9 of Part 9 of ITA.

Section 621: Treatment of income

1947.This section is based on sections 469(1) and (2) of ICTA. The corresponding rule for income tax is in section 504 of ITA.

1948.Subsection (2) provides that for the purposes of the Corporation Tax Acts income arising to the trustees is treated as their income and not as the income of the unit holders.

Section 622: Treatment of capital expenditure

1949.This section is based on sections 469(1) and (2) of ICTA. The corresponding rule for income tax is in section 504A of ITA, as inserted by the Income Tax Act 2007 (Amendment) Order 2009 (SI 2009/23).

1950.The effect of this special rule is that all allowances and charges under rules relating to capital expenditure are enjoyed or suffered by the trustees and not the unit holders.

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