Inland Revenue Section S660a
Section 660a of the Income and Corporation taxes Act 1988, also known as the "settlements legislation", refers to income arising under settlement where the settlor retains an interest.
Income arising under a settlement during the life of the settlor shall be treated for all purposes of the Income Tax Acts as the income of the settlor and not as the income of any other person.
In other words, income arising for a partner or spouse of somebody who runs their own business can be treated as income for that person running their business, and not for the partner or spouse.
The Revenue has argued that, under the settlements legislation, dividend income received by a non-payrolled spouse or partner should be taxed as the principal Directors income. This has resulted in substantial tax bills that have been back-dated for over 6 years.
This has worrying implications for people who employ their partners or spouses in order to share out income and utilise two sets of allowances. Many families and partnerships may now face new tax bills where the main earner has passed on income to their partner or spouse in order to reduce their tax.
Am I at risk under Section 660a?
Go to Page 2 to find out.