
The Income and Corporation Taxes Act 1988 is a significant piece of legislation that has shaped the UK's tax system. It was enacted to consolidate and simplify the income tax and corporation tax laws.
The Act made several key changes, including the introduction of a new system for taxing companies, which replaced the previous system of advance corporation tax. This change aimed to reduce the administrative burden on companies.
One notable aspect of the Act is the introduction of the concept of "chargeable gains", which applies to capital gains made by individuals and companies. This concept has had a lasting impact on the UK's tax system.
The Act also made changes to the way income tax is calculated, including the introduction of a new system for taxing foreign income.
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Legislation Details
The Income and Corporation Taxes Act 1988 has undergone several changes over the years.
Some of these changes were made by the 2004 c. 25 Act, which conferred power to modify the Act.

The Act is divided into 19 parts, including PART I THE CHARGE TO TAX and PART II PROVISIONS RELATING TO THE SCHEDULE A CHARGE.
Here is a list of the 19 parts:
- PART I THE CHARGE TO TAX
- PART II PROVISIONS RELATING TO THE SCHEDULE A CHARGE
- PART III GOVERNMENT SECURITIES
- PART IV PROVISIONS RELATING TO THE SCHEDULE D CHARGE
- PART V PROVISIONS RELATING TO THE SCHEDULE E CHARGE
- PART VI COMPANY DISTRIBUTIONS, TAX CREDITS ETC
- PART VII GENERAL PROVISIONS RELATING TO TAXATION OF INCOME OF INDIVIDUALS
- PART VIII TAXATION OF INCOME AND CHARGEABLE GAINS OF COMPANIES
- PART IX ANNUAL PAYMENTS AND INTEREST
- PART X LOSS RELIEF AND GROUP RELIEF
- PART XI CLOSE COMPANIES
- PART XII SPECIAL CLASSES OF COMPANIES AND BUSINESSES
- PART XIII MISCELLANEOUS SPECIAL PROVISIONS
- PART XIV PENSION SCHEMES, SOCIAL SECURITY BENEFITS, LIFE ANNUITIES ETC.
- PART XV SETTLEMENTS
- PART XVI ESTATES OF DECEASED PERSONS IN COURSE OF ADMINISTRATION
- PART XVII TAX AVOIDANCE
- PART XVIII DOUBLE TAXATION RELIEF
- PART XIX SUPPLEMENTAL
Pending Changes
There are several changes pending that have yet to be applied to the Tax Acts. The 2004 c. 25 Act conferred the power to modify the Tax Acts.
The 2012 c. 14 Act made several changes to the Tax Acts, repealing sections 266, 266A, 274, 824(2D)(b), 824(3)(ad), and Schedule 14, as well as making other amendments.
Some specific sections that have been repealed include sections 266, 266A, and 274. These repeals were made by the 2012 c. 14 Act.
Other sections that have been amended include section 826, which had several subsections omitted by the 2024 c. 3 Act. Specifically, subsections (1)(f)-(fb) and subsection (3C) had words omitted, while subsection (8A)(b)(ii) and subsection (8BA) had words omitted as well.
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In addition, section 842(4) had words inserted by the 2009 c. 10 Act. These changes are all pending and have not yet been applied to the Tax Acts.
Here is a list of the pending changes:
- Repeal of sections 266, 266A, and 274 by the 2012 c. 14 Act
- Omission of subsections (1)(f)-(fb) and subsection (3C) in section 826 by the 2024 c. 3 Act
- Omission of words in subsection (8A)(b)(ii) and subsection (8BA) in section 826 by the 2024 c. 3 Act
- Insertion of words in section 842(4) by the 2009 c. 10 Act
Schedule 19ac
Schedule 19ac is a reference to a specific section of the Income and Corporation Taxes Act 1988.
This act has been repealed by the Finance Act 2004, specifically section 326.
The repeal of this act means that any references to it are no longer applicable.
Section 630 of the Income and Corporation Taxes Act 1988 is no longer relevant due to the repeal.
This change in legislation affects anyone who may have relied on the original act.
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Discretionary Approval
Discretionary approval is a special type of approval that was used by HMRC until a certain day.
This type of approval was granted under the Income and Corporation Taxes Act 1988, specifically section 591.
HMRC has the power to use its discretionary powers to grant approval in certain situations.
Only applicable until a certain day, discretionary approval is a time-limited option.
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Former Superannuation Fund

A former approved superannuation fund is a type of fund that was approved before 6 April 1980 for the purposes of section 208 Income and Corporation Taxes Act.
This type of fund is defined by its status before a specific date, which is a key factor in understanding its classification.
Any fund that meets this criteria is considered a former approved superannuation fund, which has implications for its taxation and regulation.
It's essential to note that this definition is based on a specific legislative requirement, which is crucial for determining the fund's status.
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Capital Gains Tax
Capital Gains Tax is a tax on profits made from selling certain assets, such as shares, property, or art. The Income and Corporation Taxes Act 1988 introduced Capital Gains Tax in the UK.
The tax applies to individuals and trusts, but not to companies, which are taxed on their profits under Corporation Tax. This means that if you own a business, you'll be taxed on its profits, but if you sell a share in the business, you'll be taxed on the gain.
For another approach, see: Excess Profits Tax

Capital Gains Tax is charged on the profit made from selling an asset, which is calculated by subtracting its original cost from its sale price. For example, if you bought a share for £100 and sold it for £150, your profit is £50.
The tax is charged at a rate of 28% for higher and additional rate taxpayers, and 18% for basic rate taxpayers. This means that if you're in the higher tax bracket and make a gain of £100, you'll pay £28 in tax, leaving you with £72.
The tax is only charged on gains made on assets that are not your main home or a car. If you sell your main home, you won't pay Capital Gains Tax, but you may have to pay tax on any gains made on a second home.
You can claim relief for certain costs, such as estate agent fees or solicitors' fees, when selling an asset. This can help reduce your taxable gain and lower the amount of tax you pay.
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Supreme Court Rules on FII Group Franked Income Issues

The Supreme Court has released a ruling on the outstanding issues in the FII Group Litigation, specifically concerning Franked Investment Income.
The FII Group Litigation revolves around the Franked Investment Income Group Litigation v HMRC case, which has been a long-standing issue in the tax world.
The Supreme Court's decision aims to clarify the outstanding issues in this case, bringing much-needed clarity to tax professionals and individuals alike.
The Supreme Court's ruling is a significant development in the world of income and corporation taxes, particularly in relation to the Income and Corporation Taxes Act 1988.
The Act, which was introduced in 1988, has undergone various changes and interpretations over the years, leading to the current state of affairs in the FII Group Litigation.
The Supreme Court's decision will have a direct impact on how Franked Investment Income is taxed, which is a crucial aspect of the Income and Corporation Taxes Act 1988.
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Tax professionals and individuals will need to carefully review the Supreme Court's ruling to ensure they are in compliance with the new regulations.
The Supreme Court's decision will undoubtedly bring about changes in the way tax laws are interpreted and applied, particularly in relation to Franked Investment Income.
The Income and Corporation Taxes Act 1988 will continue to be a key reference point for tax professionals and individuals navigating the complex world of income and corporation taxes.
The Supreme Court's ruling is a significant step forward in resolving the outstanding issues in the FII Group Litigation, bringing much-needed clarity and certainty to the tax community.
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Glossary and Definitions
The Income and Corporation Taxes Act 1988 is a comprehensive piece of legislation that laid out the rules for income and corporation taxes in the UK. It specified the requirements that defined benefit schemes had to meet in order to be approved.
Defined benefit schemes are a type of pension plan that provides a guaranteed income to employees in retirement. This type of scheme was subject to specific requirements under the Act.
The Act required defined benefit schemes to meet certain conditions in order to be approved, but unfortunately, it doesn't specify what those conditions were in the provided text.
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Earnings and Income
Earnings and Income can be a bit confusing, but let's break it down. Employment income is a type of earnings that counts towards your tax liability.
In the UK, employment income is a key consideration for income and corporation taxes. This includes salaries, wages, and other forms of income derived from employment.
Index of Legislation
The Income and Corporation Taxes Act 1988 introduced significant changes to the UK tax system, and understanding the legislation can be a daunting task.
The Act is divided into 15 Parts, which cover various aspects of taxation, including income tax, corporation tax, and capital gains tax.
Part 1 deals with the general interpretation of the Act, including definitions of key terms such as "tax" and "taxable profits".
Part 2 introduces the concept of income tax and its application to individuals and companies.
The Act also makes provision for the taxation of certain types of income, such as pensions and annuities.
Part 5 focuses on the calculation of taxable profits for companies, including the deduction of certain expenses.
The Act also introduces rules for the taxation of capital gains, including the application of the "one-year rule".
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