Income tax - Basis of charge

Learning Outcomes

This article outlines the fundamental principles governing the basis of charge for UK Income Tax. After studying this material, you should understand the statutory basis for the tax charge, identify who is liable to pay income tax, recognise the main categories of income subject to the tax, and be familiar with the concept of the tax year. This knowledge is essential for applying the correct principles when advising clients on their potential income tax liabilities in SQE1 assessments.

SQE1 Syllabus

For SQE1, you are required to understand the basis upon which income tax is charged in England and Wales. This involves identifying who is liable for the tax and the types of income that fall within its scope. Your understanding will be tested through realistic client-based scenarios requiring the application of these core principles.

As you work through this article, remember to pay particular attention in your revision to:

  • the statutory basis for the charge to income tax
  • identification of chargeable persons and entities for income tax purposes
  • recognition of the different categories of income subject to tax
  • understanding the concept of the UK tax year
  • the basic framework for calculating income tax liability (detailed calculations are covered elsewhere).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which piece of primary legislation establishes the annual charge to income tax in the UK?
    1. Income Tax (Trading and Other Income) Act 2005
    2. Finance Act (relevant year)
    3. Income Tax Act 2007
    4. Taxation of Chargeable Gains Act 1992
  2. Which of the following entities is typically liable for Corporation Tax rather than Income Tax on its profits?
    1. A sole trader
    2. A partner in a general partnership
    3. A private limited company
    4. A trustee of a discretionary trust
  3. The standard UK tax year runs from:
    1. 1 January to 31 December
    2. 1 April to 31 March
    3. 6 April to 5 April
    4. The company's accounting reference date

Introduction

Income Tax (IT) is a significant source of revenue for the UK government and affects most individuals and many business structures. As a solicitor, you will encounter IT issues across various practice areas, from advising business start-ups on tax implications to handling aspects of employment or trust law. A basic understanding of who pays IT and on what income it is charged is therefore essential. This article focuses on the basis of the charge to IT, establishing the framework upon which detailed calculations (covered elsewhere) are built.

The Statutory Basis and the Tax Year

The primary legislation governing Income Tax is the Income Tax Act 2007 (ITA 2007). Section 1 of the ITA 2007 establishes the fundamental principle that income tax is charged annually for each tax year. This charge applies to the income specified within the tax legislation, subject to various reliefs and exemptions.

Key Term: Income Tax Year
The period over which income tax liability is calculated. In the UK, the tax year runs from 6 April in one calendar year to 5 April in the next calendar year. For example, the 2023/24 tax year runs from 6 April 2023 to 5 April 2024.

Understanding the tax year is important because income received within that period is assessed for tax in that year, according to the rates and allowances applicable for that specific year.

Chargeable Persons/Entities

Identifying who is liable to pay IT is a fundamental step. The following persons and entities are generally chargeable to income tax:

  • Individuals: This is the largest category and includes employees receiving salaries and sole traders earning business profits.
  • Partners: Individual partners within a general partnership or a Limited Liability Partnership (LLP) are liable for IT on their share of the partnership profits. The partnership itself is generally treated as 'tax transparent', meaning it does not pay tax, but the individual partners do.
  • Trustees: Trustees may be liable for IT on income generated by trust assets, depending on the type of trust.
  • Personal Representatives (PRs): PRs administering a deceased person's estate are liable for IT on income arising during the administration period.

Key Term: Chargeable Persons
The individuals or entities identified by legislation as being liable to pay Income Tax on their income.

It is important to note that companies are not chargeable persons for IT. Companies pay Corporation Tax on their profits, including both income profits and capital gains. This distinction is a key reason why the choice of business structure has significant tax implications.

Types of Income

Income tax is charged on various types of income, which are categorised primarily under the Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005) and the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). For SQE1 purposes, you should be aware of the main categories:

  • Trading Income: Profits arising from carrying on a trade, profession, or vocation. This is particularly relevant for sole traders and partners. Calculating trading profits involves deducting allowable expenses and capital allowances from chargeable receipts (as detailed in other articles).
  • Employment Income: This includes salary, wages, bonuses, and certain benefits-in-kind received from employment. Tax on employment income is often deducted at source through the Pay As You Earn (PAYE) system.
  • Property Income: Income derived from land and property, most commonly rental income from letting out property.
  • Savings Income: Primarily interest received from bank and building society accounts, and other investments like bonds.
  • Dividend Income: Income received by shareholders from distributions made by companies out of their profits.
  • Miscellaneous Income: A catch-all category for income not falling neatly into the others, such as certain social security benefits.

Identifying the correct category for a particular source of income is important because different rules, allowances (like the Personal Savings Allowance or Dividend Allowance), and sometimes tax rates apply to each category.

Worked Example 1.1

A client, Sarah, runs a small bakery as a sole trader. She also owns a flat which she rents out, and holds some shares in a large UK company from which she receives dividends. Last year, she received interest from her personal savings account.

Identify the different categories of income Sarah has received for income tax purposes.

Answer: Sarah has received:

  • Trading Income: From her bakery business.
  • Property Income: From renting out her flat.
  • Dividend Income: From her shares.
  • Savings Income: From the interest on her savings account.

The Basic Calculation Framework

While detailed income tax calculations involve specific rates and reliefs covered elsewhere, understanding the basic framework is part of comprehending the basis of charge. The calculation generally involves these steps, as outlined in Section 23 ITA 2007:

  1. Calculate Total Income: Aggregate income from all relevant sources.
  2. Deduct Allowable Reliefs: Subtract reliefs applicable to total income (e.g., interest on certain qualifying loans). This gives Net Income.
  3. Deduct Personal Allowance(s): Subtract the personal allowance (and any other applicable allowances like the blind person's allowance). This gives Taxable Income.
  4. Calculate Tax: Apply the relevant tax rates to the different types of income within the taxable income.
  5. Total Liability: Sum the tax calculated for each income type.

Key Term: Total Income
The aggregate of an individual's income from all taxable sources before any deductions for reliefs or allowances.

Key Term: Allowable Reliefs
Specific statutory deductions that reduce total income before calculating tax liability (e.g., relief for interest paid on qualifying loans).

Key Term: Net Income
The amount remaining after deducting allowable reliefs from total income. This figure is used to determine entitlement to certain allowances, like the personal allowance taper.

Key Term: Personal Allowance
An amount of income that an individual can receive each tax year without paying income tax. The amount is set annually and may be reduced for high earners.

Key Term: Taxable Income
The amount of income on which income tax is actually calculated, after deducting allowable reliefs and personal allowances from total income.

This framework shows that the charge to tax is ultimately applied to taxable income, derived after specific deductions from the total income arising in the tax year.

Exam Warning

Do not confuse the different stages of the calculation. Total Income, Net Income, and Taxable Income are distinct figures reached after specific deductions. Ensure you understand what is deducted at each stage. Misapplying allowances or reliefs at the wrong stage will lead to an incorrect final tax liability.

Key Point Checklist

This article has covered the following key knowledge points:

  • Income tax is charged annually for each tax year (6 April - 5 April) under the authority of the Income Tax Act 2007.
  • Chargeable persons include individuals (sole traders, employees, partners), trustees, and personal representatives, but not limited companies.
  • Income is taxed based on its source, with main categories including trading, employment, property, savings, and dividend income.
  • The basic framework for calculation involves identifying total income, deducting reliefs to find net income, deducting personal allowances to find taxable income, and then applying tax rates.

Key Terms and Concepts

  • Income Tax Year
  • Chargeable Persons
  • Total Income
  • Allowable Reliefs
  • Net Income
  • Personal Allowance
  • Taxable Income
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