PLC - Basic Principles of Income Tax Flashcards
Is there a specific definition of income in the UK tax code?
No - items are taxed as income only if they fall within certain heads of charge.
What is the ‘fruit tree’ analogy that is commonly used to describe the different between revenue and capital?
Capital items are akin to the tree which produces revenue items (ie the fruit).
What is the circulating/ fixed capital test from the case of Van den Berghs Ltd v Clark [1935] that is sometimes used to determine whether an item is capital or revenue?
Circulating capital is turned over and yields profit or loss; fixed capital is not turned over and is unaffected by the turning over of circulating capital.
HMRC’s Guidance on the revenue/ capital distinction is set out where in their Manuals?
BIM35000
Post-cessation receipts are deemed to be what for tax purposes in terms of the revenue/ capital distinction?
Revenue.
Premiums on short leases are deemed to be what for tax purposes in terms of the revenue/ capital distinction?
Revenue
Releases of loans to participators of close companies are deemed to be what for tax purposes in terms of the revenue/ capital divide?
Revenue
A tax year for an individual runs from when to when?
6 April to the following 5 April.
When did the new statutory test for residence for individuals take effect from?
6 April 2013.
If you are UK domiciled and resident, you are subject to income tax on what?
Your worldwide income as it arises.
If you are resident but not domiciled in the UK, how is the taxation of your income different from someone who is UK domiciled?
The remittance basis applies in respect of the non-UK domiciled person’s foreign income
If you are not UK resident, what are you principally subject to income tax on?
Income from UK sources.
To avoid a penalty, when must an individual file their online UK tax return by?
31 January in the year following the end of the tax year to which the return relates.
When would an individual’s online tax return for the year 2012-13 need to be filed by?
31 January 2014.
When would a paper tax return for an individual need to be filed by in order to avoid a penalty
31 October in the same year as the end of the tax year to which the return relates.