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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Further provisions for calculating estate income relating to absolute interests

  • Section 665 Assumed income entitlement
  • Section 666 The residuary income of the estate
  • Section 667 Shares of residuary income of estate
  • Section 668 Reduction in share of residuary income of estate
  • Section 669 Reduction in residuary income: inheritance tax on accrued income
  • Section 670 Applicable rate for determining assumed income entitlement (UK estates)
  1. Further provisions for calculating estate income relating to absolute interests
  2. Assumed income entitlement

Section 665 | Assumed income entitlement

From legislation.gov.uk

(1)Whether a person has an assumed income entitlement for a tax year in respect of an absolute interest in the whole or part of the residue of an estate depends on the results of the following steps.Step 1Find the amount of the person's share of the residuary income of the estate that is attributable to that interest for that tax year and each previous tax year during which the person had that interest (see sections 666 to 669).Step 2If the estate is a UK estate in relation to any tax year for which an amount has been found under step 1, deduct from that amount income tax on that amount at the applicable rate for that year (see section 670).Step 3Add together the amounts found under step 1 after making any deductions necessary under step 2.Step 4Add together the basic amounts relating to the person's absolute interest in respect of which the person was liable for income tax for all previous tax years (or would have been so liable if the person had been a person liable for income tax for those years).

(2)For the purposes of this Chapter the person has an assumed income entitlement for the tax year if the amount resulting from step 3 exceeds the amount resulting from step 4.

(3)The assumed income entitlement is equal to the excess.

(4)This section is subject to—

section 671 (successive absolute interests), and

section 672 (successive interests: assumed income entitlement of holder of absolute interest following limited interest).

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