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Part 2U.K.Basic provisions

Chapter 2U.K.Rates at which income tax is charged

Income charged at particular ratesU.K.

10F1Income charged at the ... basic [F2, higher and additional] rates: individualsU.K.

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(2)Income tax on an individual's income up to the basic rate limit is charged at the basic rate F5....]

(3)Income tax is charged at the higher rate on an individual's income above the basic rate limit [F6and up to the higher rate limit.]

[F7(3A)Income tax is charged at the additional rate on an individual's income above the higher rate limit.]

F8(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section is subject to—

(5)The basic rate limit is [F15£37,700].

[F16(5A)The higher rate limit for a tax year is equal to—

(a)twice the amount specified in subsection (1) of section 35 (personal allowance) for the tax year, plus

(b)the amount specified in subsection (2) of that section (amount at which personal allowance starts to be withdrawn).

(5B)Before the start of the tax year the Treasury must make an order specifying the amount which is, as a result of subsection (5A), the higher rate limit for the tax year.]

[F17(6)The basic rate limit [F18and higher rate limit are] increased in some circumstances: see—

(a)section 414(2) (gift aid relief), and

(b)section 192(4) of FA 2004 (relief for pension contributions).

(7)See section 21 for indexation of the basic rate limit.]

Textual Amendments

F1Word in s. 10 heading omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 3(6)

F2Words in s. 10 heading substituted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 4(6)

F3S. 10(1) omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 3(2)

F4S. 10(2) substituted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by Finance Act 2008 (c. 9), Sch. 1 para. 3(3)

F5Words in s. 10(2) omitted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(6)(24); S.I. 2016/1161, regs. 2, 3

F6Words in s. 10(3) inserted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 4(2)

F7S. 10(3A) inserted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 4(3)

F8S. 10(3B)(3C) omitted (with effect in accordance with Sch. 38 para. 12 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 38 para. 4(a)

F9S. 10(4) entry omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 3(4)

F10Words in s. 10(4) inserted (with effect in accordance with Sch. 38 para. 12 of the amending Act) by Finance Act 2014 (c. 26), Sch. 38 para. 4(b)

F11Word in s. 10(4) substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(6)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F12Words in s. 10(4) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(4), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F13Words in s. 10(4) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(7)(24); S.I. 2016/1161, regs. 2, 3

F14Words in s. 10(4) inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(4)(17)

F15Sum in s. 10(5) specified (1.2.2021 with effect for the tax year 2021-22) by The Income Tax (Indexation) Order 2021 (S.I. 2021/111), art. 2

F16S. 10(5A)(5B) substituted for s. 10(5A) (with the substituted s. 10(5A) having effect for the tax year 2023-24 and subsequent tax years, and the substituted s. 10(5B) having effect for the tax year 2028-29 and subsequent tax years) by Finance Act 2023 (c. 1), s. 6(1)(3)(5)

F17S. 10(6)(7) inserted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by Finance Act 2008 (c. 9), Sch. 1 para. 3(5)

F18Words in s. 10(6) substituted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 4(5)

Modifications etc. (not altering text)

C1S. 10(5): sum specified (for the tax years 2022-23, 2023-24, 2024-25 and 2025-26) by Finance Act 2021 (c. 26), s. 5(1)

11Income charged at the [F19default basic rate: non-individuals]U.K.

(1)Income tax is charged at the [F20default] basic rate on the income of persons other than individuals.

(2)This section is subject to—

Textual Amendments

F19Words in s. 11 heading substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(8)(a)(24); S.I. 2016/1161, regs. 2, 3

F20Word in s. 11(1) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(8)(b)(24); S.I. 2016/1161, regs. 2, 3

F21Words in s. 11(2) omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 4

F22Word in s. 11(2) substituted (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. 13(3)(b), 14(4)

[F2311AIncome charged at [F24Scottish] ratesU.K.

[F25(1A)Income tax is charged at Scottish rates on the non-savings income of a Scottish taxpayer.]

(4)For the purposes of this section, “non-savings income” means income which is not savings income.

(5)This section is subject to—

(6)Section 16 has effect for determining [F26which part of a Scottish taxpayer’s income consists of savings income].]

Textual Amendments

F23S. 11A inserted (with effect in accordance with Sch. 38 para. 12 of the amending Act) by Finance Act 2014 (c. 26), Sch. 38 para. 5

F24Word in s. 11A heading substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(10), 14(4)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F25S. 11A(1A) substituted for s. 11A(1)-(3) (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(10), 14(8)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F26Words in s. 11A(6) substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(10), 14(9)(15), 72(3); S.I. 2016/1161, regs. 2, 3

[F2711BIncome charged at the Welsh basic, higher and additional ratesU.K.

(1)Income tax is charged at the Welsh basic rate on the income of a Welsh taxpayer which—

(a)is non-savings income, and

(b)would otherwise be charged at the basic rate.

(2)Income tax is charged at the Welsh higher rate on the income of a Welsh taxpayer which—

(a)is non-savings income, and

(b)would otherwise be charged at the higher rate.

(3)Income tax is charged at the Welsh additional rate on the income of a Welsh taxpayer which—

(a)is non-savings income, and

(b)would otherwise be charged at the additional rate.

(4)For the purposes of this section, “non-savings income” means income which is not savings income.

(5)This section is subject to—

(6)Section 16 has effect for determining the extent to which the non-savings income of a Welsh taxpayer would otherwise be charged at the basic, higher or additional rate.]

Textual Amendments

F27S. 11B inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(5), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

[F2811C Income charged at the default basic, higher and additional rates: non-UK resident individualsU.K.

(1)Income tax on a non-UK resident individual’s income up to the basic rate limit is charged at the default basic rate.

(2)Income tax is charged at the default higher rate on a non-UK resident individual’s income above the basic rate limit and up to the higher rate limit.

(3)Income tax is charged at the default additional rate on a non-UK resident individual’s income above the higher rate limit.

(4)Subsections (1) to (3) are subject to—

Textual Amendments

F28Ss. 11C, 11D inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(8)(b)(24); S.I. 2016/1161, regs. 2, 3

11DIncome charged at the savings basic, higher and additional ratesU.K.

(1)Income tax is charged at the savings basic rate on an individual’s income which—

(a)is saving income, and

(b)would otherwise be charged at the basic rate or the default basic rate.

(2)Income tax is charged at the savings higher rate on an individual’s income which—

(a)is savings income, and

(b)would otherwise be charged at the higher rate or the default higher rate.

(3)Income tax is charged at the savings additional rate on an individual’s income which—

(a)is savings income, and

(b)would otherwise be charged at the additional rate or the default additional rate.

(4)Subsections (1) to (3)—

(a)have effect after sections 12 and 12A have been applied (so that any reference in subsections (1) to (3) to income which would otherwise be charged at a particular rate does not include income charged at the starting rate for savings or at the savings nil rate), and

(b)are subject to any other provisions of the Income Tax Acts (apart from sections 10 and 11C) which provide for income to be charged at different rates of income tax in some circumstances.

(5)Section 16 has effect for determining the extent to which an individual’s savings income above the starting rate limit for savings would otherwise be charged at the basic, higher or additional rate or the default basic, default higher or default additional rate.

(6)In relation to an individual who is a Scottish taxpayer, references in this section to income which would otherwise be charged at a particular rate are to be read as references to income that would, if the individual were not a Scottish taxpayer (but were UK resident), be charged at that rate (and subsection (5) is to be read accordingly).]

Textual Amendments

F28Ss. 11C, 11D inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(8)(b)(24); S.I. 2016/1161, regs. 2, 3

[F2912Income charged at the starting rate for savingsU.K.

(1)Income tax is charged at the starting rate for savings F30... on so much of an individual's income up to the starting rate limit for savings [F31as—

(a)is savings income, and

(b)would otherwise be charged at the basic rate or the default basic rate].

(2)This is subject to any provisions of the Income Tax Acts (apart from section 10) which provide for income of an individual to be charged at different rates of income tax in some circumstances.

(3)The starting rate limit for savings is [F32£5,000].

(4)See section 21 for indexation of the starting rate limit for savings.

(5)Section 16 has effect for determining the extent to which a person's income up to the starting rate limit for savings consists of savings income.]

Textual Amendments

F29S. 12 substituted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by Finance Act 2008 (c. 9), Sch. 1 para. 5

F30Words in s. 12(1) omitted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(10)(a)(24); S.I. 2016/1161, regs. 2, 3

F31Words in s. 12(1) substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(10)(b)(24); S.I. 2016/1161, regs. 2, 3

F32Sum in s. 12(3) confirmed (6.4.2023 for the tax year 2023-24) by Finance Act 2023 (c. 30), s. 4(1)

[F3312ASavings income charged at the savings nil rateU.K.

(1)This section applies in relation to an individual if—

(a)the amount of the individual's Step 3 income is greater than £L, where £L is the amount of the starting rate limit for savings, and

(b)when the individual's Step 3 income is split into two parts—

(i)one (“the individual's income up to the starting rate for savings”) consisting of the lowest £L of the individual's Step 3 income, and

(ii)the other (“the individual's income above the starting rate limit for savings”) consisting of the rest of the individual's Step 3 income,

some or all of the individual's income above the starting rate limit for savings consists of savings income (whether or not some or all of the individual's income up to the starting rate limit for savings consists of savings income).

(2)In this section—

(3)If £X is less than or equal to £A, income tax is charged at the savings nil rate (rather than the basic, higher or additional rate [F34or the default basic, default higher or default additional rate]) on the excess.

(4)If £X is more than £A, income tax is charged at the savings nil rate (rather than the basic, higher or additional rate [F35or the default basic, default higher or default additional rate]) on the lowest £A of the excess.

(5)Subsections (3) and (4) are subject to any provisions of the Income Tax Acts (apart from [F36sections 10 and 11C]) which provide for income to be charged at different rates of income tax in some circumstances.

(6)Section 16 has effect for determining the extent to which the individual's income above the starting rate limit for savings consists of savings income.

(7)For the purposes of this section, an individual's “Step 3 income” is the individual's net income less allowances deducted at Step 3 of the calculation in section 23.

Textual Amendments

F33Ss. 12A, 12B inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(5)(17)

F34Words in s. 12A(3) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(11)(a)(24); S.I. 2016/1161, regs. 2, 3

F35Words in s. 12A(4) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(11)(a)(24); S.I. 2016/1161, regs. 2, 3

F36Words in s. 12A(5) substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(11)(b)(24); S.I. 2016/1161, regs. 2, 3

12BIndividual's entitlement to a savings allowanceU.K.

(1)Subsections (2) to (4) determine the amount of an individual's savings allowance for a tax year.

(2)If any of the individual's income for the year is additional-rate income, the individual's savings allowance for the year is nil.

(3)If—

(a)any of the individual's income for the year is higher-rate income, and

(b)none of the individual's income for the year is additional-rate income,

the individual's savings allowance for the year is £500.

(4)If none of the individual's income for the year is higher-rate income, the individual's savings allowance for the year is £1,000.

(5)The Treasury may by regulations substitute a different amount for the amount for the time being specified in subsection (2), (3) or (4); and regulations under this subsection that have effect for a tax year may be made at any time before the end of that tax year.

(6)If regulations under subsection (5) reduce any amount, the regulations may not be made unless a draft of the instrument containing them (whether alone or together with regulations under subsection (5) which increase any amount) has been laid before, and approved by a resolution of, the House of Commons.

(7)Section 1014(4) (negative procedure) does not apply to regulations under subsection (5) which increase any amount if—

(a)the instrument containing them also contains regulations under subsection (5) which reduce any amount, and

(b)a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

(8)For the purposes of this section—

(a)each of the following is “additional-rate income”—

(i)income on which income tax is charged at the additional rate [F37, default additional rate] or dividend additional rate,

(ii)income on which income tax would be charged at the additional rate [F38, or default additional rate,] but for section 12A (income charged at savings nil rate),

(iii)income on which income tax would be charged at the dividend additional rate but for section 13A (income charged at dividend nil rate), and

(iv)income of an individual who is a Scottish taxpayer or Welsh taxpayer which would, if the individual were not a Scottish taxpayer or Welsh taxpayer (as the case may be), be income on which income tax is charged at the additional rate [F39or default additional rate], and

(b)each of the following is “higher-rate income”—

(i)income on which income tax is charged at the higher rate [F40, default higher rate] or dividend upper rate,

(ii)income on which income tax would be charged at the higher rate [F41, or default higher rate,] but for section 12A (income charged at savings nil rate),

(iii)income on which income tax would be charged at the dividend upper rate but for section 13A (income charged at dividend nil rate), and

(iv)income of an individual who is a Scottish taxpayer or Welsh taxpayer which would, if the individual were not a Scottish taxpayer or Welsh taxpayer (as the case may be), be income on which income tax is charged at the higher rate [F42or default higher rate].]

Textual Amendments

F33Ss. 12A, 12B inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(5)(17)

F37Words in s. 12B(8)(a)(i) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(12)(a)(24); S.I. 2016/1161, regs. 2, 3

F38Words in s. 12B(8)(a)(ii) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(12)(b)(24); S.I. 2016/1161, regs. 2, 3

F39Words in s. 12B(8)(a)(iv) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(12)(c)(24); S.I. 2016/1161, regs. 2, 3

F40Words in s. 12B(8)(b)(i) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(12)(d)(24); S.I. 2016/1161, regs. 2, 3

F41Words in s. 12B(8)(b)(ii) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(12)(e)(24); S.I. 2016/1161, regs. 2, 3

F42Words in s. 12B(8)(b)(iv) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(12)(f)(24); S.I. 2016/1161, regs. 2, 3

13Income charged at the dividend ordinary [F43, dividend upper and dividend additional] rates: individualsU.K.

(1)Income tax is charged at the dividend ordinary rate on an individual's income which—

(a)is dividend income,

(b)would otherwise be charged at the F44... basic rate, F45... [F46or the Welsh basic rate,] and

(c)is not relevant foreign income charged in accordance with section 832 of ITTOIA 2005 (relevant foreign income charged on the remittance basis).

(2)Income tax is charged at the dividend upper rate on an individual's income which—

(a)is dividend income, F47...

(b)would otherwise be charged at the higher rate, F48... [F49or the Welsh higher rate,] [F50 and

(c)is not relevant foreign income charged in accordance with section 832 of ITTOIA 2005.]

[F51(2A)Income tax is charged at the dividend additional rate on an individual's income which—

(a)is dividend income,

(b)would otherwise be charged at the additional rate, F52... [F53or the Welsh additional rate,] and

(c)is not relevant foreign income charged in accordance with section 832 of ITTOIA 2005.]

(3)Subsections (1) [F54to (2A)] are subject to any provisions of the Income Tax Acts (apart from section 10 [F55or 11A] [F56or 11B]) which provide for income to be charged at different rates of income tax in some circumstances.

(4)Section 16 has effect for determining the extent to which an individual's dividend income would otherwise be charged at the F57... basic [F58, higher or additional] rate F59... [F60or the Welsh basic, higher or additional rate].

[F61(5)In relation to an individual who is a Scottish taxpayer, references in this section to income that would otherwise be charged at a particular rate are to be read as references to income that would, if the individual were not a Scottish taxpayer, be charged at that rate (and subsection (4) is to be read accordingly).]

Textual Amendments

F43Words in s. 13 heading substituted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 5(5)

F44Words in s. 13(1)(b) omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 6(a)

F45Words in s. 13(1)(b) omitted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(11)(a)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F46Words in s. 13(1)(b) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(6)(a), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F47Word in s. 13(2)(a) omitted (21.7.2008 with effect in accordance with s. 68(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 68(1)(a)

F48Words in s. 13(2)(b) omitted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(11)(b)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F49Words in s. 13(2)(b) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(6)(b), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F50S. 13(2)(c) and word inserted (21.7.2008 with effect in accordance with s. 68(2) of the amending Act) by Finance Act 2008 (c. 9), s. 68(1)(b)

F51S. 13(2A) inserted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 5(2)

F52Words in s. 13(2A)(b) omitted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(11)(c)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F53Words in s. 13(2A)(b) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(6)(c), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F54Words in s. 13(3) substituted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 5(3)

F55Words in s. 13(3) inserted (with effect in accordance with Sch. 38 para. 12 of the amending Act) by Finance Act 2014 (c. 26), Sch. 38 para. 6(d)

F56Words in s. 13(3) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(6)(d), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F57Word in s. 13(4) omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 6(b)

F58Words in s. 13(4) substituted (with effect in accordance with Sch. 2 para. 25 of the amending Act) by Finance Act 2009 (c. 10), Sch. 2 para. 5(4)

F59Words in s. 13(4) omitted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(11)(d)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F60Words in s. 13(4) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(6)(e), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F61S. 13(5) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(11)(e)(15), 72(3); S.I. 2016/1161, regs. 2, 3

[F6213AIncome charged at the dividend nil rateU.K.

(1)Subsection (2) applies if, ignoring this section, at least some of an individual's income would be charged to income tax at the dividend ordinary rate, the dividend upper rate or the dividend additional rate.

(2)Income tax is charged at the dividend nil rate (rather than the dividend ordinary rate, dividend upper rate or dividend additional rate) on one or more amounts of the individual's income as follows—

Textual Amendments

F62S. 13A inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 5(5)(10)

F63Sum in s. 13A(2) substituted (6.4.2024 for the tax year 2024-25 and subsequent tax years) by Finance Act 2023 (c. 1), s. 7(3)(4)

14Income charged at the dividend ordinary rate: other personsU.K.

(1)Income tax is charged at the dividend ordinary rate on the income of persons other than individuals which—

(a)is dividend income,

(b)would otherwise be charged at the basic rate, and

(c)is not relevant foreign income charged in accordance with section 832 of ITTOIA 2005 (relevant foreign income charged on the remittance basis).

(2)This is subject to—

Textual Amendments

F64Word in s. 14(2) substituted (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. 13(3)(c), 14(4)

F65Words in s. 14(2) omitted (6.4.2014) by virtue of The Unauthorised Unit Trusts (Tax) Regulations 2013 (S.I. 2013/2819), regs. 1(3), 37(3) (with reg. 32)

15Income charged at the trust rate and the dividend trust rateU.K.

For the circumstances in which income tax is charged at the trust rate and the dividend trust rate, see Chapters 3 to [F665] of Part 9.

Textual Amendments

F66Word in s. 15 substituted (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. 13(3)(d), 14(4)

16Savings and dividend income to be treated as highest part of total incomeU.K.

(1)This section has effect for determining[F67

[F68(za)which part of a Scottish taxpayer's income consists of savings income,]

[F69(zb)the rate at which income tax would be charged on the non-savings income of a Welsh taxpayer apart from section 11B,]

(a)the extent to which a person's income up to the starting rate limit for savings consists of savings income,

[F70(aa)the extent to which a person's income above the starting rate limit for savings consists of savings income,] and

[F71(ab)the rate at which income tax would be charged on a person’s savings income above the starting rate limit for savings apart from sections 11D and 12A,]

(b)the rate at which income tax would be charged on a person's dividend income apart from section 13.]

(2)It also has effect for all other income tax purposes except for the purposes of—

F72(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)sections 535 to 537 of ITTOIA 2005 (gains from contracts for life insurance etc: top slicing relief).

(3)If a person has savings income but no dividend income, the savings income is treated as the highest part of the person's total income.

(4)If a person has dividend income but no savings income, the dividend income is treated as the highest part of the person's total income.

(5)If a person has both savings income and dividend income—

(a)the savings income and dividend income are together treated as the highest part of the person's total income, and

(b)the dividend income is treated as the higher part of that part of the person's total income.

(6)See section 1012 for the relationship between—

(a)the rules in this section, and

(b)other rules requiring particular income to be treated as the highest part of a person's total income.

(7)References in this section to dividend income do not include dividend income which is relevant foreign income charged in accordance with section 832 of ITTOIA 2005 (relevant foreign income charged on the remittance basis).

Textual Amendments

F67Words in s. 16(1) substituted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by Finance Act 2008 (c. 9), Sch. 1 para. 7

F68S. 16(1)(za) substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Scotland Act 2016 (c. 11), ss. 13(14), 14(12)(15), 72(3); S.I. 2016/1161, regs. 2, 3

F69S. 16(1)(zb) inserted (24.7.2018) by Wales Act 2014 (c. 29), ss. 9(7), 14, 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

F70S. 16(1)(aa) inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(6)(17)

F71S. 16(1)(ab) inserted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(13)(24); S.I. 2016/1161, regs. 2, 3

F72S. 16(2)(a) omitted (6.4.2024 in relation to the tax year 2024-25 and subsequent tax years) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 2 paras. 13(3)(e), 14(4)

17Repayment: tax paid at [F73greater] rate instead of [F74starting rate for savings] [F75or savings nil rate] U.K.

(1)This section applies if income tax [F76at a rate greater than the starting rate for savings] has been paid on income on which income tax is chargeable at the [F77starting rate for savings].

[F78(1A)This section also applies if income tax at a rate greater than the savings nil rate has been paid on income on which income tax is chargeable at the savings nil rate.]

(2)If a claim is made, any necessary repayment of tax must be made.

Textual Amendments

F73Word in s. 17 heading substituted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(7)(b)(i)(17)

F74Words in s. 17 heading substituted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by Finance Act 2008 (c. 9), Sch. 1 para. 8(3)

F75Words in s. 17 heading inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(7)(b)(ii)(17)

F76S. 17(1) words substituted (30.11.2016 with effect in relation to tax year 2017-18 and subsequent tax years) by Finance Act 2016 (c. 24), s. 6(14)(24); S.I. 2016/1161, regs. 2, 3

F77Words in s. 17(1) substituted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by Finance Act 2008 (c. 9), Sch. 1 para. 8(2)

F78S. 17(1A) inserted (with effect for the tax year 2016-17 and subsequent years) by Finance Act 2016 (c. 24), s. 4(7)(a)(17)

18Meaning of “savings income”U.K.

(1)This section applies for the purposes of the Income Tax Acts.

(2)“Savings income” is income—

(a)which is within subsection (3) or (4), and

(b)which is not relevant foreign income charged in accordance with section 832 of ITTOIA 2005 (relevant foreign income charged on the remittance basis).

(3)Income is within this subsection if it is—

(a)income chargeable under Chapter 2 of Part 4 of ITTOIA 2005 (interest),

(b)income chargeable under Chapter 7 of Part 4 of ITTOIA 2005 (purchased life annuity payments), other than income from annuities specified in section 718(2) of that Act (annuities purchased from certain life assurance premium payments or under wills etc),

(c)income chargeable under Chapter 8 of Part 4 of ITTOIA 2005 (profits from deeply discounted securities), or

(d)income chargeable under Chapter 2 of Part 12 of this Act (accrued income profits).

(4)Income is within this subsection if—

(a)it is chargeable under Chapter 9 of Part 4 of ITTOIA 2005 (gains from contracts for life insurance etc), and

(b)an individual is, or personal representatives are, liable for income tax on it (under section 465 or 466 of that Act).

Modifications etc. (not altering text)

C2S. 18 excluded by Taxes Management Act 1970 (c. 9), s. 18E(2)(b) (as inserted (with effect in accordance with s. 381(1)) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 103 (with Sch. 9 paras. 1-9, 22))

19Meaning of “dividend income”U.K.

(1)This section applies for the purposes of the Income Tax Acts.

(2)“Dividend income” is income which is—

(a)chargeable under Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc from UK resident companies),

(b)chargeable under Chapter 4 of that Part (dividends from non-UK resident companies),

(c)chargeable under Chapter 5 of that Part (stock dividends from UK resident companies),

(d)chargeable under Chapter 6 of that Part (release of loan to participator in close company), or

(e)a relevant foreign distribution chargeable under Chapter 8 of Part 5 of ITTOIA 2005 (income not otherwise charged).

(3)In subsection (2) “relevant foreign distribution” means a distribution of a non-UK resident company which—

(a)is not chargeable under Chapter 4 of Part 4 of ITTOIA 2005, but

(b)would be chargeable under Chapter 3 of that Part if the company were UK resident.