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Income Tax (Trading and Other Income) Act 2005
2005 Chapter 5 - continued

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 PART 1
 OVERVIEW
1    Overview of Act
 
     (1) This Act imposes charges to income tax under-
 
 
    (a) Part 2 (trading income),
 
    (b) Part 3 (property income),
 
    (c) Part 4 (savings and investment income), and
 
    (d) Part 5 (certain miscellaneous income).
     (2) Those charges to tax have effect for the purposes of section 1(1) of ICTA (the general charge to income tax).
 
     (3) Exemptions from those charges are dealt with in Part 6 (exempt income) but any Part 6 exemptions which are most obviously relevant to particular types of income are also mentioned in the provisions about those types of income.
 
     (4) What is or is not mentioned in those provisions does not limit the effect of Part 6.
 
     (5) This Act also contains-
 
 
    (a) provision about rent-a-room relief and foster-care relief (see Part 7),
 
    (b) special rules for foreign income (see Part 8),
 
    (c) special rules for partnerships (see Part 9), and
 
    (d) certain calculation rules and general provisions (see Part 10).
     (6) For abbreviations and defined expressions used in this Act, see section 885 and Schedule 4.
 
2    Overview of priority rules
 
     (1) This Act contains some rules establishing an order of priority in respect of certain amounts which would otherwise-
 
 
    (a) fall within a charge to income tax under two or more Chapters or Parts of this Act, or
 
    (b) fall within a charge to income tax under a Chapter or Part of this Act and ITEPA 2003.
     (2) See, in particular-
    section 4 (provisions which must be given priority over Part 2),

    section 261 (provisions which must be given priority over Part 3),

    section 262 (priority between Chapters within Part 3),

    section 366 (provisions which must be given priority over Part 4),

    section 367 (priority between Chapters within Part 4),

    section 575 (provisions which must be given priority over Part 5), and

    section 576 (priority between Chapters within Part 5).

 
     (3) But the rules in those sections need to be read with other rules of law (whether in this Act or otherwise) about the scope of particular provisions or the order of priority to be given to them.
 
     (4) Section 171(2) of FA 1993 (profits of Lloyd's underwriters charged only under Chapter 2 of Part 2 of this Act) is one example of another rule of law.
 
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© Crown copyright 2005
Prepared 29 March 2005

Income Tax (Trading and Other Income) Act 2005 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).

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