FLK1 · Business Law & Practice

Income tax

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

BLP.13 — Income Tax

The charge. Income tax is charged on a person's taxable income for the tax year (6 April – 5 April). Governed mainly by ITA 2007, ITEPA 2003 (employment), and ITTOIA 2005 (trading/property/savings). It is an annual tax — assessed year by year, not transaction by transaction.

The calculation (learn the order — ITA 2007 ss.23–25):

  1. Total income — add up income from all sources (employment, self-employment/trading profits, property, savings interest, dividends).
  2. Net income — deduct reliefs (e.g. trading loss relief, qualifying interest payments, pension contributions).
  3. Taxable income — deduct the personal allowance (£12,570).
  4. Apply rates in the correct order: non-savings income first, then savings, then dividends (highest-taxed income sits in the top band).

Rates (2026/27, non-savings/non-dividend):

  • Basic rate 20% (first £37,700 of taxable income)
  • Higher rate 40% (£37,701–£125,140)
  • Additional rate 45% (over £125,140)

Personal allowance taper: the £12,570 PA is reduced by £1 for every £2 of "adjusted net income" over £100,000 — fully lost at £125,140. A classic exam trap.

Savings & dividends (separate bands/allowances):

  • Personal savings allowance: £1,000 (basic-rate taxpayer), £500 (higher-rate), £0 (additional-rate). Starting rate for savings (0% on up to £5,000) only if non-savings income is low.
  • Dividend allowance £500; dividend rates 8.75% / 33.75% / 39.35%.

Common traps & distinctions:

  • Income vs capital. Income tax taxes flows (profits, salary, rent); CGT taxes gains on disposal of assets. Don't confuse the two — a key BLP fault line.
  • Employee vs self-employed. Employees: PAYE deducted at source, taxed under ITEPA. Sole traders/partners: taxed on trading profits under ITTOIA, pay via self-assessment. Partnerships are tax-transparent — each partner taxed individually on their profit share.
  • Companies pay corporation tax, not income tax (19% small-profits ≤£50k; 25% main >£250k; marginal relief between). Don't apply income-tax rates to a company.
  • Allowance ≠ rate band. The PA reduces taxable income; it is not a 0% band.
  • Order of taxation matters — apply dividends last.

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Two individuals run a graphic-design business as a partnership. There is no written partnership agreement. One partner contributed £80,000 of the start-up capital and the other contributed £20,000. Over the first year one partner worked full time on the business while the other worked only occasionally, and the full-time partner now argues she should receive a salary for her extra work and a larger share of the £50,000 profit to reflect her capital and effort. The other partner disagrees. The partners cannot resolve the dispute and ask how the default rules of partnership law apply. Which of the following best describes the position under the default rules?

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More Business Law & Practice topics

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Independent SQE1 revision notes for study — not legal advice; check primary sources before relying on any point. Exam rules are set by the SRA; see the official SQE site.