LLM5090 - Names: income from ancillary trust funds (‘ATFs’): taxed income
Certain items of ATF income are generally paid to the Name
under deduction of tax (such as bank interest), with tax credits
attached (for example dividends) or ‘notional’ tax (for
example scrip dividends). The net amount received by the Name plus
the amount of tax deducted, tax credit or notional tax is included
in the taxable trade income. Credit is then given for lower rate
tax deducted from interest and for tax credits attached to
dividends against income tax due for the tax year the interest or
dividends fall to be included in Lloyd’s trade profits (which
may not be the same tax year in which the dividend or interest is
paid). From 6 April 1999, tax credits arising from dividends,
including notional tax on scrip dividends, are 'ring-fenced' and
can only be set against Lloyd's trade income.
If the amount of tax due from the Name for the year is less
than the tax deducted from interest any excess may be repaid in the
normal way. Tax credits attached to dividends are not repayable
after 6 April 1999.
Repayment may not be claimed until the Lloyd’s trade
profit or loss for the year has been computed (in practice, any
time after the end of the relevant tax year).
The ‘corresponding year’ basis also applies to
tax deducted at source – see
LLM5290.
ATF income is not income from ‘savings and distributions’
Interest and dividends that are included in Lloyd’s trade
income are
not regarded as income from savings and
distributions for the purposes of ICTA88/S1A. The tax withheld from
Lloyd’s ATF income is therefore offset against total tax due
rather than meeting tax on the specific income.
For example, a Name’s 2003-04 Lloyd’s Case I
profits of £11,000 include £1000 interest (from which
£200 tax has been deducted). The Name’s other income for
the year is farming profits of £8,000. The Name’s self
assessment for the year will be:
| £ | £ | |
| Lloyd’s profits | 11000 | |
| Farming profits | 8000 | |
| Total profits | 19000 | |
| Less PA | 4615 | |
| Net taxable income | 14385 | |
| Tax due | 1960 @ 10% | 196.00 |
| 12425 @ 22% | 2733.50 | |
| 2929.50 | ||
| Less tax at source | (200.00) | |
| Net tax due 2003-04 | 2729.50 | |
| Class 4 NIC | 14385 @ 8% | 1150.80 |
The £200 tax at source is offset against the total
income tax due rather than meeting the Name’s liability to
lower or basic rate tax on £1,000 income.
