Part 7U.K.Income charged under this Act: rent-a-room and [F1qualifying care] relief

Textual Amendments

F1Words in Pt. 7 heading substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 34 (with Sch. 1 para. 37)

Chapter 2U.K.[F2qualifying care relief]

Textual Amendments

F2Pt. 7 Ch. 2 heading substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 29 (with Sch. 1 para. 37)

Alternative calculation of profits if amount exceeds limitU.K.

815Alternative calculation of profits: introductionU.K.

Sections 816 and 817 (which provide for an alternative method of calculating profits) apply if—

(a)an individual qualifies for [F3qualifying care] relief for a tax year,

(b)the individual's total [F4qualifying care] receipts for the tax year exceed the individual's limit for the tax year,

(c)sections 822 and 823 do not apply (accounting date for trade not 5th April), and

(d)an election by the individual has effect to apply the alternative method of calculating profits for the tax year (see sections 818 and 819).

Textual Amendments

F3Words in s. 815(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 16 (with Sch. 1 para. 37)

F4Words in s. 815(b) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 16 (with Sch. 1 para. 37)

816Alternative calculation of profits: trading incomeU.K.

(1)This section applies if the individual's [F5qualifying care] receipts for the tax year are the receipts of a trade.

(2)The profits of the trade for the tax year are—

(a)the individual's total [F6qualifying care] receipts for the tax year, less

(b)the individual's limit for the tax year.

Textual Amendments

F5Words in s. 816(1) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 17 (with Sch. 1 para. 37)

F6Words in s. 816(2)(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 17 (with Sch. 1 para. 37)

817Alternative calculation of profits: income chargeable under Chapter 8 of Part 5U.K.

(1)This section applies if the individual has [F7qualifying care] receipts for the tax year which are chargeable to income tax under Chapter 8 of Part 5 (income not otherwise charged).

(2)The amount charged for the tax year arising from all the arrangements from which the receipts are derived is—

(a)the individual's total [F8qualifying care] receipts for the tax year, less

(b)the individual's limit for the year.

Textual Amendments

F7Words in s. 817(1) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 18 (with Sch. 1 para. 37)

F8Words in s. 817(2)(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 18 (with Sch. 1 para. 37)

818Election for alternative methodof calculating profitsU.K.

(1)An individual may elect for the alternative method of calculating profits given in sections 816 and 817 to apply if—

(a)the individual qualifies for [F9qualifying care] relief for a tax year,

(b)the individual's total [F10qualifying care] receipts for the tax year exceed the individual's limit for the tax year, and

(c)sections 822 and 823 do not apply (accounting date for trade not 5th April).

(2)An election under this section—

(a)must specify the tax year for which it is made, and

(b)has effect for that year (unless withdrawn by notice given by the individual).

(3)An election or notice of withdrawal under this section must be made or given to the Inland Revenue on or before—

(a)the first anniversary of the normal self-assessment filing date for the tax year for which the election is made, or

(b)such later date as the Inland Revenue may, in a particular case, allow.

Textual Amendments

F9Words in s. 818(1)(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 19 (with Sch. 1 para. 37)

F10Words in s. 818(1)(b) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 19 (with Sch. 1 para. 37)

819Adjustment of assessmentU.K.

(1)This section applies if—

(a)an individual does not make an election under section 818 for a tax year on or before the date for making the election, and

(b)an adjustment is made after that date to the profits from the individual's provision of [F11qualifying care] on which the individual is liable to tax for the tax year.

(2)The individual may make an election under this section to apply the alternative method of calculating profits given in sections 816 and 817 for the tax year.

(3)The election—

(a)must specify that tax year, and

(b)has effect for that tax year (unless withdrawn by notice given by the individual).

(4)An election or notice of withdrawal under this section must be made or given to the Inland Revenue on or before—

(a)the first anniversary of the normal self-assessment filing date for the tax year in which the adjustment is made, or

(b)such later date as the Inland Revenue may, in a particular case, allow.

Textual Amendments

F11Words in s. 819(1)(b) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 20 (with Sch. 1 para. 37)