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Article 4 Definition of relevant income

Original text. Later amendments are not shown.

(1)

“Relevant income”, in relation to any applicant, means the sum of the applicant's—

(a)

relevant employment income,

(b)

relevant trading income, and

(c)

relevant chargeable gains.

(2)

“Relevant employment income” means employment income chargeable to income tax under Chapter 3 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003f1 for the tax year immediately preceding that in which the application is made.

(3)

“Relevant trading income” means annual profits or gains arising or accruing from any trade, profession or vocation, whether carried on in the United Kingdom or elsewhere, chargeable to income tax under Case I or Case II of Schedule D for the tax year immediately preceding that in which the application is made.

(4)

“Schedule D” means the Schedule set out in section 18 of the Income and Corporation Taxes Act 1988f2.

(5)

“Relevant chargeable gains” means gains on which tax is chargeable in accordance with the Taxation of Chargeable Gains Act 1992f3 in the year of assessment immediately preceding that in which the application is made.

(6)

For the purposes of calculating relevant employment income, relevant trading income and relevant chargeable gains in a case where the applicant was not at all material times resident, ordinarily resident and domiciled in the United Kingdom for the purposes of income tax and the taxation of chargeable gains, the applicant is to be treated as if he were so resident, ordinarily resident and domiciled.

Annotations

Footnotes

f1

2003 c. 1.

f2

1988 c. 1; section 18 is amended by the Finance Act 1996 (c. 8) Schedule 7, paragraphs 4(4) and 32, and the Finance Act 2004 (c. 12) section 105(4).

f3

1992 c. 12; section 2 is amended by the Finance Act 1998 (c. 36) Schedule 21, and the Finance Act 2002 (c. 23) Schedule 11.