Income Tax (Trading and Other Income) Act 2005 Schedule 2 paragraph 8

General saving for section 9(5) of ICTA

Schedule 2 paragraph 8 preserves the rule that income tax and corporation tax should be treated as one tax where necessary, following the splitting of shared provisions into separate income tax and corporation tax enactments by ITTOIA 2005.

• Where ITTOIA 2005 has split a provision that previously applied to both income tax and corporation tax into separate enactments for each tax, the new enactments must continue to operate as if the two taxes were one, preserving the effect of section 9(5) of ICTA.
• This saving applies only where section 9(5) of ICTA had effect in relation to the original shared provision immediately before 6 April 2005.
• The saving does not apply where ITTOIA 2005 already includes an express provision to preserve the section 9(5) effect.
• The treatment of the two taxes as one under the successor enactments is limited to what is consistent with the Corporation Tax Acts and what is needed to maintain the original section 9(5) effect.