Section 679 Income from which basic amounts are treated as paid
United Kingdom
The part of the aggregate income of the estate from which a basic amount is treated as paid is determined by applying assumptions A and B in that order.
Assumption A is that if there are different persons with interests in the residue of the estate, payments in respect of their basic amounts are paid out of the different parts of the aggregate income of the estate in such proportions as are just and reasonable for their different interests.
For the purposes of assumption B, where those parts include—
income bearing income tax at 0% by virtue of section 680(1A), and
other income bearing income tax at 0%,
payments are to be made from income within paragraph (a) after income within paragraph (b).
If some, but not all, of the aggregate income of the estate is income F4within section 680, assumption C is applied before assumptions A and B.
Assumption C is that the basic amount is paid from income that is not within section 680 before it is paid from income within that section.
Assumptions A and B then apply—
first to determine the part of the income not within that section from which the basic amount is paid, and
then to determine the part of the income within that section from which the basic amount is paid.
Annotations
Textual amendments
- F1
Words in s. 679(3) substituted (6.4.2023 in relation to the tax year 2023-24 and subsequent tax years) by Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 5(a), 14(2)(a)
- F2
Words in s. 679(3) inserted (6.4.2024 in relation to the tax year 2024-25 and subsequent tax years) by Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 11(5)(a), 14(3)(a)
- F3
S. 679(3A) inserted (6.4.2024 in relation to the tax year 2024-25 and subsequent tax years) by Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 11(5)(b), 14(3)(a)
- F4
Words in s. 679(4) substituted (6.4.2023 in relation to the tax year 2023-24 and subsequent tax years) by Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 5(b), 14(2)(a)