Income Tax Act 2007 section 791

Charge to tax on income treated as received under section 792

Section 791 imposes an income tax charge on individuals who are treated as having received income under the anti-avoidance rules in section 792, which deals with partners claiming excessive sideways or capital gains relief for trading losses.

• Income tax is charged on any income that an individual is treated as having received under section 792
• The amount charged to tax is the amount of income treated as received in the relevant tax year
• The individual who is treated as receiving the income is the person liable to pay the tax
• This charge applies as part of the anti-avoidance rules targeting excessive loss relief claims by partners