UK Act of Parliament 2005 United Kingdom

Income Tax (Trading and Other Income) Act 2005

At a glance

Enforced by

HMRC

What's here

17 compliance obligations, 22 practical guides across 6 topics · 30 journeys · 1 statutory instrument

Penalty landscape

2 of 17 obligations carry an unlimited fine. 15 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 9
  • Trader 8

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 749 other Acts (top 5 shown)
Traders also bound by 219 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — Overview

Browse 1 other section in this Part — procedural / definitional / commencement

Part 2 — Trading income

s.130

Chapter not to apply where cash basis used

Amended 6 times
s.142

Deferred income agreements which exist when deduction made

Amended 1 time
s.142

Deferred income agreements entered into after deduction made

Amended 1 time
s.142

Meaning of the “net excess relief”

Amended 1 time
s.142

Sections 142A to 142D: time of entry into an agreement

Amended 1 time
s.148

Lessee under long funding finance lease: limit on deductions

  • Limit tax deductions for long funding finance lease payments Any Person
s.172

Costs of the building

  • Calculate building costs for tax deduction purposes Trader
s.222

Circumstances in which claim for five-year averaging may be made

Amended 7 times
s.225

Meaning of “oil extraction activities”

Amended 1 time
s.225

Meaning of “oil rights”

Amended 1 time
s.225

Meaning of “ring fence income”

Amended 1 time
s.225

Other definitions

Amended 1 time
s.225

Valuation where excess of nominated proceeds

Amended 1 time
s.225

Relief for reimbursement expenditure under abandonment guarantees

Amended 1 time
s.225

Receipts arising from decommissioning

Amended 1 time
s.225

Chapter not to apply where cash basis used

Amended 1 time
s.225

Right to make claim

Amended 1 time
s.225

Book value

Amended 1 time
s.225

Effect of claim for spreading profits

Amended 1 time
s.225

Time limits etc for spreading claim

Amended 1 time
  • Claim for spreading profits for tax purposes Trader
s.225

Interpretation

Amended 1 time
s.227

Cash basis treatment: full relief under Chapter 1 of Part 6A (trading allowance)

Amended 3 times
Browse 117 other sections in this Part — procedural / definitional / commencement
s.007

Apportionment etc of profits to tax year

s.022

Trading allowance

s.023

Meaning of “relevant benefit”

s.023

Meaning of “qualifying third party payment”

s.023

Other definitions

s.023

Double taxation

s.025

Election for profits to be calculated in accordance with GAAP

s.028

Money's worth

s.031

Relevant maximum

s.031

Excluded persons

s.031

Effect of election under section 25A

s.032

Application of Chapter to the cash basis

s.050

Connected persons: application of section 48

s.055

Expenditure on integral features

s.056

Application of Chapter to the cash basis

s.086

Interpretation of section 86A

s.094

Costs of setting up SAYE option scheme or CSOP scheme

s.094

Professions and vocations

s.094

Excluded vehicles

s.094

The appropriate mileage amount

s.094

Definitions of types of vehicle

s.095

Application of Chapter to the cash basis

s.097

Cash basis: value of trading stock on cessation of trade

s.097

Cash basis: value of work in progress on cessation of profession or vocation

s.106

Amounts not reflecting commercial transactions

s.111

Herd basis rules not to apply where cash basis used

s.148

Lessor under long funding finance lease: exceptional items

s.148

Lessor under long funding operating lease: periodic deduction

s.148

“Starting value”: general

s.148

“Starting value” where plant or machinery originally unqualifying

s.148

Long funding operating lease: lessor's additional expenditure

s.148

Determination of remaining residual value resulting from lessor's further additional expenditure

s.148

Lessor under long funding operating lease: termination of lease

s.148

Lessee under long funding operating lease

s.172

Chapter not to apply where cash basis used

s.172

Trading stock appropriated by trader

s.172

Trading stock supplied by trader

s.172

Acquisitions not made in the course of trade

s.172

Allowable deductions: niches

s.188

Chapter not to apply where cash basis used

s.240

Professions and vocations

s.240

Unrelieved qualifying expenditure: Parts 2, 7 and 8 of CAA 2001

s.240

Unrelieved qualifying expenditure: Part 5 of CAA 2001

s.240

Effect of election where predecessor and successor are connected persons

Part 3 — Property income

s.272

Restricting deductions for finance costs related to residential property

Amended 15 times
s.274

Reduction for individuals: calculation

Amended 11 times
s.274

Reduction for accumulated or discretionary trust income: entitlement

Amended 11 times
s.274

Reduction for accumulated or discretionary trust income: calculation

Amended 11 times
s.275

Rule if there is a late accounting date

Amended 2 times
s.302

Appeals against proposed determinations

Amended 1 time
s.302

Determination by tribunal

Amended 1 time
s.308

s.308B

Amended 1 time
s.326

Under-used holiday accommodation: letting condition not met

Amended 3 times
s.328

Relevant UK earnings for pension purposes: overseas property business

Amended 2 times
Browse 25 other sections in this Part — procedural / definitional / commencement

Part 4 — Savings and investment income

s.381

Avoidance of double taxation

Amended 1 time
s.381

Exception for returns from certain shares

Amended 1 time
s.396

Arrangements offering a choice of capital or income return

Amended 2 times
s.396

Distributions in a winding up

Amended 2 times
s.397

Tax credit under section 397A: conditions

Amended 11 times
s.397

Tax credits under section 397A: manufactured overseas dividends

Amended 11 times
s.401

Power to obtain information

Amended 3 times
s.401

Temporary non-residents

Amended 3 times
s.410

Conversion etc of bonus share capital

Amended 6 times
s.413

Temporary non-residents

Amended 1 time
s.414

Interpretation of Chapter

Amended 3 times
s.473

Connected policies or contracts treated as single policy or contract

Amended 3 times
s.541

Effect of rebated or reinvested commission in certain cases

Amended 1 time
Browse 41 other sections in this Part — procedural / definitional / commencement
s.404

Distributions in a winding up

s.452

Meaning of “interest-bearing corporate security” in Chapter 8

s.463

Restricted relief qualifying policies: assignments and events following assignments etc

s.463

Transitional protection for policies issued in respect of insurances made on or after 21 March 2012 but before 6 April 2013

s.507

Recalculating gains under section 507

Part 5 — Miscellaneous income

s.616

Person liable

  • Pay income tax on business or miscellaneous income Any Person
s.619

Income treated as highest part of settlor's total income

Amended 10 times
s.628

Section 628A: tainting

Amended 11 times
s.630

Exception for protected foreign-source income

Amended 1 time
s.643

Reduction in section 643A income: previous capital gains tax charge

Amended 1 time
s.643

Reimbursement of tax paid by settlor because of section 643B(2)

Amended 1 time
s.643

Income attributed by section 643A to user of remittance basis

Amended 1 time
s.643

Meaning of close member of settlor's family in sections 643A to 643EA

Amended 1 time
s.643

Recipients of onward gifts

Amended 1 time
s.643

Cases where settlor liable following onward gift

Amended 1 time
s.679

Income from which sums within section 668(1)(b) are treated as paid

Amended 6 times
s.680

Income treated as savings income

Amended 12 times
s.682

Statements relating to estate income

Amended 1 time
  • Provide a written statement of estate income and tax upon request Any Person
Browse 32 other sections in this Part — procedural / definitional / commencement
s.608

Charge to tax on UK-derived amounts

s.608

Person liable for tax under section 608A

s.608

Meaning of “full treaty territory”

s.608

Section 608F: disregard for third party sales where intangible property makes insignificant contribution

s.608

Application of Chapter to certain partnerships

s.608

Exemption where company resident in specified territory

s.608

Section 608L: the local tax amount

s.608

Exemption for certain bodies corporate that are transparent in full treaty territory

s.608

Payment notice: appeals

s.608

Meaning of direct or indirect participation in management, control or capital

s.608

Anti-avoidance

s.608

Interaction with other general provisions

Part 6 — Exempt income

s.694

Deceased investors

Amended 1 time
s.776

Payments under Jobs Growth Wales Plus

Amended 2 times
Browse 26 other sections in this Part — procedural / definitional / commencement

Part 6A — Income charged under this Act: trading and property allowances

s.783

“Relevant trade” of an individual

Amended 1 time
s.783

The individual's “relevant income”

Amended 1 time
s.783

Partial relief: alternative calculation of profits: introduction

Amended 1 time
s.783

Deductible amount: splitting of trading allowance

Amended 1 time
  • Decide how to split your tax-free trading allowance across multiple incomes Trader
s.783

Exclusion from relief: payments by employer

Amended 1 time
s.783

Relief under this Chapter

Amended 1 time
s.783

“Relevant property business” of an individual

Amended 1 time
s.783

Partial relief: alternative calculation of property profits: introduction

Amended 1 time
s.783

Partial relief: alternative calculation of property profits

Amended 1 time
s.783

Deductible amount: splitting of property allowance

Amended 1 time
  • Allocate your property allowance across multiple property businesses Trader
s.783

Election for full relief not to be given

Amended 1 time
s.783

Exclusion from relief: expenses deducted against rent-a-room receipts

Amended 1 time
s.783

Exclusion from relief: payments by firm

Amended 1 time
s.783

Interpretation of this Chapter

Amended 1 time

Part 7 — Income charged under this Act: rent-a-room and qualifying care relief

s.805

Meaning of providing qualifying care

Amended 7 times
s.806

Meaning of “residence”

Amended 11 times
s.825

Plant or machinery used for other qualifying activities

Amended 2 times
s.828

Indexation of the fixed amount and the amount per adult and child

Amended 2 times
Browse 11 other sections in this Part — procedural / definitional / commencement

Part 8 — Foreign income: special rules

Browse 4 other sections in this Part — procedural / definitional / commencement
s.845

Effect of claim, foreign employment election or foreign gain claim on losses

s.845

Effect of claim on relief for contributions to registered pension schemes

s.845

Disqualified income

Part 9 — Partnerships

s.850

Loss-making period in which some partners have profits

Amended 2 times
s.850

Excess profit allocation to non-individual partners

Amended 2 times
s.850

Excess profit allocation: cases involving individuals who are not partners

Amended 2 times
s.852

Notional trades: indirect partners

Amended 3 times
s.863

Limited liability partnerships: salaried members

Amended 5 times
s.863

Allocation of profit to the AIFM firm

Amended 5 times
s.863

Vesting of remuneration represented by the allocated profit

Amended 5 times
s.863

The AIFMD remuneration guidelines

Amended 5 times
Browse 6 other sections in this Part — procedural / definitional / commencement

Schedules

Browse 4 other Schedules — structural / supplementary

Other sections — not classified into a Part

These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

HM Revenue & Customs

Tax collection, customs duties, national insurance, tax credits, and enforcement of the National Minimum Wage. Regulates all UK businesses for tax compliance …

1 statutory instrument

These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.

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