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Legislation
Finance Act 2004

Crossheading Income and gains from taxable property

  • Section 185A Income from taxable property
  • Section 185B Annual profits and deemed profits
  • Section 185C Deemed market value
  • Section 185D Apportionment to pension scheme
  • Section 185E Credit for tax paid
  • Section 185F Gains from taxable property
  • Section 185G Disposal by person holding directly
  • Section 185H Disposal of interest in vehicle
  • Section 185I Credit for tax paid
  1. Income and gains from taxable property
  2. Income from taxable property

Section 185A | Income from taxable property

From legislation.gov.uk

(1)An investment-regulated pension scheme is to be treated as having made a scheme chargeable payment if the pension scheme holds an interest in taxable property in a tax year.

(2)The amount of the scheme chargeable payment depends on whether a person who holds the interest in the property directly receives profits arising from the interest in the tax year.

(3)If a person who holds the interest in the property directly receives such profits in the tax year, the amount of the scheme chargeable payment is the greater of—

(a)an amount equal to the amount of the annual profits from the interest in the property (see section 185B(1)), and

(b)the amount of the deemed profits from the interest in the property for the year (see sections 185B(2) and 185C).

(4)If no person who holds the interest in the property directly receives such profits in the tax year, the amount of the scheme chargeable payment is the amount of the deemed profits from the interest in the property for the year (see sections 185B(2) and 185C).

(5)But where section 185D applies, the amount of the scheme chargeable payment is the amount found under subsection (3) or (4) as apportioned to the pension scheme in accordance with that section.

(6)Section 185E makes provision for credits against income tax charged under section 239 (scheme sanction charge) in respect of a scheme chargeable payment treated as made by virtue of this section.

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