Section 805 Meaning of “qualifying care receipts”F9

United Kingdom

(1)

For the purposes of this Chapter an individual has F1qualifying care receipts for a tax year if —

(a)

the receipts are in respect of the provision of F2qualifying care,

(b)

they accrue to the individual during the income period for those receipts (see F3subsection (3)), and

(c)

the receipts would otherwise be brought into account in calculating the profits of a trade or chargeable to income tax under Chapter 8 of Part 5 (income not otherwise charged).

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F5... the income period is the tax year.

F6(4)

Subsections (5) and (6) apply if—

(a)

the receipts would otherwise be brought into account in calculating the profits of a trade, and

(F7b)

the profits of the trade are required under section 24A to be calculated on the cash basis.

(5)

Any amounts brought into account under section 96A F8(capital receipts under, or after leaving, cash basis) as a receipt in calculating the profits of the trade are to be treated as receipts within paragraph (a) of subsection (1) above.

(6)

The reference in subsection (1)(b) to receipts that accrue to an individual during the income period for those receipts is to be read as a reference to receipts that are received by the individual during that period.

Annotations

Textual amendments

F1: Words in s. 805(1) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 5(1)(a) (with Sch. 1 para. 37)
F2: Words in s. 805(1)(a) substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 5(1)(b) (with Sch. 1 para. 37)
F3: Words in s. 805(1)(b) substituted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by Finance Act 2022 (c. 3), Sch. 1 paras. 23(2), 61(1)
F4: S. 805(2) omitted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by virtue of Finance Act 2022 (c. 3), Sch. 1 paras. 23(3), 61(1)
F5: Word in s. 805(3) omitted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by virtue of Finance Act 2022 (c. 3), Sch. 1 paras. 23(4), 61(1)
F6: S. 805(4)-(6) inserted (with effect in accordance with Sch. 4 paras. 56, 57 of the amending Act) by Finance Act 2013 (c. 29), Sch. 4 para. 42
F7: S. 805(4)(b) substituted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by Finance Act 2024 (c. 3), Sch. 10 paras. 33, 47 (with Sch. 10 paras. 48-50)
F8: Words in s. 805(5) substituted (16.11.2017) (with effect in accordance with Sch. 2 para. 64 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 2 para. 11
F9: Words in s. 805 heading substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 5(2) (with Sch. 1 para. 37)

Notes on Part 7

Textual amendments

F1: Words in Pt. 7 heading substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 34 (with Sch. 1 para. 37)

Notes on Chapter 2

Textual amendments

F1: Pt. 7 Ch. 2 heading substituted (16.12.2010) (with effect in accordance with Sch. 1 para. 36 of the amending Act) by Finance (No. 3) Act 2010 (c. 33), Sch. 1 para. 29 (with Sch. 1 para. 37)