Section 949 | Residuary income of the estate

(1)For the purposes of this Chapter the residuary income of an estate for a tax year is the aggregate income of the estate for that year, less the allowable estate deductions for that year.

(2)The allowable estate deductions for a tax year are—

(a)all interest paid in that year by the personal representatives in that capacity (but see section 233(3) of IHTA 1984: exclusion of interest on unpaid inheritance tax),

(b)all annual payments for that year which are properly payable out of residue,

(c)all payments made in that year in respect of expenses incurred by the personal representatives in that capacity in the management of the assets of the estate, and

(d)any excess deductions from the previous tax year.

This is subject to subsections (3) to (5).

(3)No sum is to be treated as an allowable estate deduction if it is allowable in calculating the aggregate income of the estate.

(4)No sum is to be counted twice as an allowable estate deduction.

(5)Payments in respect of expenses are only allowable estate deductions if they are properly chargeable to income (ignoring any specific direction in a will).

(6)In this section “excess deductions from the previous tax year” means so much of the allowable deductions for the previous tax year as exceeded the aggregate income of the estate for that year.