There are rules to deal with the priority of relevant charging provisions.

Trading income or income of a UK property business

On occasion, a receipt may be such that it could be taxed either under ITTOIA 2005, Pt. 2, Ch. 2 (as the receipt of a trade, profession or vocation) or under ITTOIA 2005, Pt. 3, Ch. 3 (as relating to a UK property business). Such a receipt is dealt with under ITTOIA 2005, Pt. 3 (property income) (ITTOIA 2005, s. 4(1)).

Trading income or income taxed under ITEPA 2003

If a receipt falls within both ITTOIA 2005, Pt. 2 (trading income) and ITEPA 2003, Pt. 2, 9 or 10 (respectively employment income, pension income or social security income) then the provisions of ITEPA 2003 take priority (ITTOIA 2005, s. 4(2)).

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