Section 2 Interpretation of Tax Acts
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(1) In the Tax Acts, except where otherwise provided or the context otherwise requires―
"Appeal Commissioners" has the meaning assigned to it by section 850;
"body of persons" means any body politic, corporate or collegiate, and any company, fraternity, fellowship and society of persons, whether corporate or not corporate;
"capital allowance" means any allowance (other than an allowance or deduction to be made in computing profits or gains) under―
(a) Part 9,
[(b) Part 23,]1
(c) Chapter 1 of Part 24, or
(d) Part 29,
and "capital allowances" shall be construed accordingly;
"Clerk to the Appeal Commissioners" means the person for the time being authorised by the Appeal Commissioners to act as such;
"Collector-General" means the Collector-General appointed under section 851;
"inspector" means an inspector of taxes appointed under section 852;
"local authority" means―
(a) the corporation of a county or other borough,
(b) the council of a county, or
(c) the council of an urban district;
"ordinary share capital", in relation to a company, means all the issued share capital (by whatever name called) of the company, other than capital the holders of which have a right to a dividend at a fixed rate, but have no other right to share in the profits of the company;
"profession" includes vocation;
"resident" and "ordinarily resident", in relation to an individual, shall be construed in accordance with Part 34;
"statute" has the same meaning as in 3 not found of the Interpretation Act, 1937;
…2
["year of assessment" means―
(a) in relation to a period prior to 6 April 2001, a year beginning on 6 April in one year and ending on 5 April in the next year,
(b) the period beginning on 6 April 2001 and ending on 31 December 2001, which period is referred to as the "year of assessment 2001", and
(c) thereafter, a calendar year and, accordingly, the "year of assessment 2002" means the year beginning on 1 January 2002 and any corresponding expression in which a subsequent year of assessment is similarly mentioned means the year beginning on 1 January in that year;]3
"the year 1997-98" means the year of assessment beginning on the 6th day of April, 1997, and any corresponding expression in which 2 years are similarly mentioned means the year of assessment beginning on the 6th day of April in the first-mentioned of those 2 years;
a source of income is within the charge to corporation tax or income tax if that tax is chargeable on the income arising from it, or would be so chargeable if there were any such income, and references to a person, or to income, being within the charge to tax, shall be similarly construed.
Amendments
1 Para (b) of definition of "capital allowance" substituted by Finance Act 2000 section 61(a).
2 Definition of "tax credit" repealed by Finance Act 2000 section 69(2) and Schedule 2 Part 2 in the case of income tax as on and from 6 April 1999, and in the case of corporation tax as respects accounting periods commencing on or after 6 April 1999.
3 Definition of "year of assessment" substituted by Finance Act 2001 section 77(1)(a).
(2) Except where the context otherwise requires, in the Tax Acts, and in any enactment passed after this Act which by an express provision is to be construed as one with those Acts, "tax", where neither income tax nor corporation tax is specified, means either of those taxes.
(3) Subsection (2) is without prejudice to section 76 (which applies income tax law for certain purposes of corporation tax), and accordingly the use of "income tax" rather than "tax" in any provision of the Income Tax Acts is not a conclusive indication that that provision is not applied to corporation tax by section 76.
Can a section that refers only to income tax apply for corporation tax?
(3) Although many income tax provisions are applied for the purposes of corporation tax, with "corporation tax" to be read for "income tax", the fact that a section refers only to income tax does not prevent the section from also applying for corpora...
(3A) In the Tax Acts, a reference to a tax credit, in relation to a distribution, shall be construed as a reference to a tax credit as computed in accordance with those Acts as they applied at the time of the making of the distribution.
Amendments
Subs (3A) inserted by Finance Act 2000 section 69(1) and Schedule 2 Part 1 para (a) in the case of income tax as on and from 6 April 1999, and in the case of corporation tax as respects accounting periods commencing on or after 6 April 1999.
(4) ...
Amendments
Subs (4) repealed by Finance Act 2000 section 69(2) and Schedule 2 Part 2 in the case of income tax as on and from 6 April 1999, and in the case of corporation tax as respects accounting periods commencing on or after 6 April 1999.
