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The Income Tax (Trading and Other Income) Act 2005 (c 5) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It restated certain legislation relating to
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
, with minor changes that were mainly intended "to clarify existing provisions, make them consistent or bring the law into line with well established practice." The Bill was the work of the
Tax Law Rewrite Project The Tax Law Rewrite Project of HM Revenue and Customs was a major effort to re-write the entire tax legislation of the United Kingdom in a format which is both more consistent and more understandable. It aimed to remove archaic language and impen ...
team at the
Inland Revenue The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation t ...
.Explanatory notes
paragraph 10 (and see paragraph 1 for their name)
/ref>


Part 1


Section 1

Section 1(2) was repealed by Part 1 of Schedule 3 to the
Income Tax Act 2007 The Income Tax Act 2007c 3 is an Act of the Parliament of the United Kingdom. It is the primary Act of Parliament concerning income tax paid by individual earners subject to the law of United Kingdom, and mostly replaced the Income and Corporat ...
.


Part 2


Chapter 4


Section 51

This section was repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Section 75

Section 75(5) was repealed by paragraph 42 of the Schedule to the
Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fin ...
(SI 2009/2035).


Section 79

Section 79(2) was repealed by Part 1 of Schedule 3 to the
Corporation Tax Act 2009 The Corporation Tax Act 2009 (c 4) is an Act of the Parliament of the United Kingdom. It restated certain legislation relating to corporation tax, with minor changes that were mainly intended "to clarify existing provisions, make them consistent ...
.


Chapter 5


Section 88

Section 88(4)(a) was repealed by section 70 of, and Part 2(2) of Schedule 11 to, the Finance (No. 2) Act 2005.


Chapter 7


Section 108

Sections 108(4)(c) and (d) were repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Chapter 8


Section 128

This section was repealed by paragraph 43 of the Schedule to the Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009.


Chapter 9


Section 130

Sections 130(1)(b) and (6) were repealed by section 178(1) of, and Part 3(4) of Schedule 26 to, the
Finance Act 2006 The Finance Act 2006 (c 25) is an Act of the Parliament of the United Kingdom prescribing changes to Excise Duties; Value Added Tax; Income Tax; Corporation Tax; and Capital Gains Tax. It enacts the 2006 Budget speech made by Chancellor of the E ...
.


Section 131

This section was repealed by section 178(1) of, and Part 3(4) of Schedule 26 to, the Finance Act 2006.


Section 132

Sections 132(1)(a) and (2) and (3) were repealed by section 178(1) of, and Part 3(4) of Schedule 26 to, the Finance Act 2006.


Section 134

Section 134(4) was repealed by section 178(1) of, and Part 3(4) of Schedule 26 to, the Finance Act 2006.


Section 135

Section 135(1)(d), (6)(b) to (d) and (7) were repealed by section 178(1) of, and Part 3(4) of Schedule 26 to, the Finance Act 2006.


Sections 136 to 144

These sections was repealed by section 178(1) of, and Part 3(4) of Schedule 26 to, the Finance Act 2006.


Chapter 11


Section 157

This section was repealed by paragraph 43(1)(a) of Schedule 39 to the Finance Act 2012.


Section 160

This section was repealed by paragraph 51 of Schedule 4 to the
Finance Act 2013 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fi ...
.


Section 162

This section was repealed by paragraph 21(1)(a) of Schedule 39 to the Finance Act 2012.


Chapter 12


Section 186

Sections 186(2) to (4) were repealed by paragraph 439(4) of the
Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 Transfer may refer to: Arts and media * ''Transfer'' (2010 film), a German science-fiction movie directed by Damir Lukacevic and starring Zana Marjanović * ''Transfer'' (1966 film), a short film * ''Transfer'' (journal), in management studies ...
(SI 2009/56).


Chapter 16


Section 223

Section 223(4) was repealed by section 25(5)(c) of the
Finance Act 2016 The 2016 United Kingdom budget was delivered by George Osborne, the Chancellor of the Exchequer, to the House of Commons on Wednesday, 16 March 2016. It was the second fully Conservative budget delivered by Osborne, after the July 2015 budget. ...
.


Chapter 16A


Section 225N

Sections 225N(3) and (4) were repealed by paragraph 6(2) of Schedule 31 to the Finance Act 2013. Section 225N(5) was repealed by paragraph 14(2) of Schedule 31 to the Finance Act 2013.


Section 225O

This section was repealed by paragraph 6(3) of Schedule 31 to the Finance Act 2013.


Sections 225P and 225Q

These sections were repealed by paragraph 15 of Schedule 31 to the Finance Act 2013.


Section 225T

This section was repealed by paragraph 9 of Schedule 31 to the Finance Act 2013.


Chapter 17


Sections 238 and 239

This section was repealed by paragraph 51 of Schedule 4 to the Finance Act 2013.


Chapter 17A


Section 240D

Section 240D(6) was repealed by paragraph 9(6) of Schedule 2 to the Finance (No. 2) Act 2017.


Part 3


Chapter 1


Section 260

Section 260(1)(f) was repealed by paragraph 47(b) of Schedule 7 to the
Finance Act 2008 The Finance Act 2008 (c 9) is an Act of the Parliament of the United Kingdom which changes the United Kingdom's tax law as announced in the budget on 12 March 2008 by Chancellor of the Exchequer Alistair Darling. It received royal assent on 21 ...
.


Chapter 3


Section 269

Sections 269(3) and (4) were repealed by paragraph 48 of Schedule 7 to the Finance Act 2008.


Section 272

Section 272(1) was repealed by paragraph 16(3) of Schedule 2 to the Finance (No. 2) Act 2017.


Chapter 4


Section 302B

Sections 302B(3) and (4) were repealed by paragraph 57(2) of Schedule 23 to the
Finance Act 2011 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fi ...
.


Section 305

This section was repealed by paragraph 44 of the Schedule to the Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009.


Chapter 5


Sections 308A to 308C

These sections were repealed by section 74(1)(a) of the Finance Act 2016.


Section 319

This section was repealed by paragraph 43(1)(b) of Schedule 39 to the Finance Act 2012.


Chapter 6


Section 322

Sections 322(2)(b) and (c) were repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Section 327

Section 327(2)(c) was repealed by section 74(1)(b) of the Finance Act 2016.


Chapter 8


Section 339

Section 339(3) was repealed by paragraph 43(2)(a)(ii) of Schedule 39 to the Finance Act 2012.


Sections 340 to 343

These sections were repealed by paragraph 43(1)(c) of Schedule 39 to the Finance Act 2012.


Chapter 11 - Overseas property income

This Chapter consisted of sections 357 to 360. This Chapter was repealed by paragraph 49 of Schedule 7 to the Finance Act 2008.


Chapter 12


Section 362

This section was repealed by paragraph 8 of Schedule 5 to the
Finance Act 2019 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fi ...
.


Part 4


Chapter 1


Section 365

Section 365(1)(i) was repealed by regulation 36(2) of the
Unauthorised Unit Trusts (Tax) Regulations 2013 Authorization or authorisation (see spelling differences) is the function of specifying access rights/privileges to resources, which is related to general information security and computer security, and to access control in particular. More fo ...
(SI 2013/2819). Section 365(1)(k) was repealed by paragraph 2(b) of Schedule 12 to the Finance Act 2013.


Chapter 2


Section 373

Sections 373(4) and (6) were repealed by section 70 of, and Part 2(3) of Schedule 11 to, the Finance (No. 2) Act 2005.


Section 376

Section 376(4) and (6) were repealed by section 70 of, and Part 2(3) of Schedule 11 to, the Finance (No. 2) Act 2005.


Chapter 3


Section 384

Section 384(3) was repealed by paragraph 5 of Schedule 1 to the Finance Act 2016.


Section 385A

This section was repealed by section 14(1) of the
Finance Act 2017 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fi ...
.


Section 393

Section 393(5) was repealed by paragraph 6 of Schedule 1 to the Finance Act 2016.


Section 394

Section 394(5) was repealed by paragraph 7(a) of Schedule 1 to the Finance Act 2016.


Section 397

This section was repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016. Section 397(2)(b) was repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Sections 397A

Sections 397 to 398 were repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016. Section 397A(8) was repealed by paragraph 14(b) of Schedule 29 to the Finance Act 2013.


Section 397AA

Sections 397 to 398 were repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016.


Section 397B

This section was repealed by paragraph 15 of Schedule 29 to the Finance Act 2013.


Sections 397BA and 397C

Sections 397 to 398 were repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016.


Section 398

This section was repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016.


Section 399

Sections 399(3) to (5), (5A) and (7) were repealed by paragraphs 11(4) to (6) of Schedule 1 to the Finance Act 2016.


Section 400

This section was repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016. Section 400(7) was repealed by regulation 36(6) of the Unauthorised Unit Trusts (Tax) Regulations 2013.


Section 401A

This section was repealed by paragraph 13 of Schedule 1 to the Finance Act 2016.


Chapter 4


Section 406

Section 406(4A) was repealed by paragraph 15 of Schedule 1 to the Finance Act 2016.


Section 407

Section 407(4A) was repealed by paragraph 15 of Schedule 1 to the Finance Act 2016.


Chapter 5


Section 414

This section was repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016.


Chapter 6


Section 416

Section 416(2) was repealed by paragraph 18(b) of Schedule 1 to the Finance Act 2016.


Section 421

This section was repealed by paragraph 1(1) of Schedule 1 to the Finance Act 2016.


Chapter 8


Section 457

Section 457(3) was repealed by Part 1 of Schedule 3 to the Income Tax Act 2007. Section 457(4) was repealed by section 178(1) of, and Part 3(15) of Schedule 26 to, the Finance Act 2006.


Chapter 10 - Distributions from unauthorised unit trusts

This Chapter was repealed by regulation 36(8) of the Unauthorised Unit Trusts (Tax) Regulations 2013.


Chapter 12


Section 568

Section 568(5) was repealed by section 178(1) of, and Part 3(15) of Schedule 26 to, the Finance Act 2006.


Part 5


Chapter 5


Section 647

This section repealed by paragraph 57(3) of Schedule 23 to the Finance Act 2011.


Chapter 7


Section 683

Section 683(4)(g) was repealed by paragraph 21(2) of Schedule 39 to the Finance Act 2012.


Section 685A

Section 685A(4)(c) was repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Part 6


Chapter 7


Section 724

Section 724(3) was repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Chapter 8


Section 748

This section was repealed by paragraph 21(1)(b) of Schedule 39 to the Finance Act 2012.


Part 8


Chapter 1


Section 830

Section 830(2)(d) repealed by paragraph 51(3) of Schedule 7 to the Finance Act 2008.


Chapter 2


Section 831

This section repealed by paragraph 52 of Schedule 7 to the Finance Act 2008.


Sections 833 to 837

These sections were repealed by paragraph 54 of Schedule 7 to the Finance Act 2008.


Part 9


Section 858

Section 858(3) was repealed by paragraph 27 of Schedule 1 to the Finance Act 2016.


Section 862

Sections 862(3) and (7) were repealed by Part 1 of Schedule 3 to the Corporation Tax Act 2009.


Part 10


Chapter 3


Sections 876 and 877

These sections were repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Section 879

Section 879(2) was repealed by Part 1 of Schedule 3 to the Income Tax Act 2007.


Section 881

This section was repealed by Part 1 of Schedule 3 to the Corporation Tax Act 2009.


References

*"Income Tax (Trading and Other Income) Act 2005". Halsbury's Statutes of England and Wales. Fourth Edition. 2010 Reissue. Title "Taxes, Customs and Excise". Volume 46.


External links


The Income Tax (Trading and Other Income) Act 2005
as amended from the National Archives.
The Income Tax (Trading and Other Income) Act 2005
as originally enacted from the National Archives.
Explanatory notes
to the Income Tax (Trading and Other Income) Act 2005. {{UK legislation United Kingdom Acts of Parliament 2005 Tax legislation in the United Kingdom Income tax in the United Kingdom