
1 

(1) This Order may be cited as the Scottish Rates of Income Tax (Consequential Amendments) Order 2024 and comes into force on the day after the day on which it is made.
(2) The amendments made by this Order have effect for the tax year 2024-25 and subsequent tax years.
2 

(1) Section 539 of the Income Tax (Trading and Other Income Act) 2005 (relief for deficiencies) is amended as follows.
(2) In subsection (1)(b), for “of the higher rate, the Scottish higher rate, the Welsh higher rate or the dividend upper rate” substitute “relevant rates”.
(3) For subsection (5) substitute—“
(5) The amount of the tax reduction is calculated as follows.
 Step 1Determine the amount of the individual’s income for the tax year that is liable at each relevant rate.
 Step 2Attribute the amount or amounts determined at Step 1 to the deficiency, so far as possible.
 Step 3Calculate the amount of the individual’s preliminary income tax liability for the tax year (see subsection (6)).
 Step 4Calculate the amount of the individual’s preliminary income tax liability for the tax year again, on the assumption that each amount determined under Step 1, so far as attributed to the deficiency at Step 2, is liable at the appropriate lower rate.
 Step 5Deduct the amount found at Step 4 from the amount found at Step 3. The result is the amount of the tax reduction.”.
(4) For subsection (7) substitute—“
(7) In this section—
(a) “relevant rate” means a rate mentioned in the first column of the Table;
(b) “the appropriate lower rate”, in relation to an amount of the individual’s income for the tax year that is liable at a relevant rate, means the rate mentioned in the second column of the Table in the same row as that relevant rate.
(8) Here is the Table referred to in subsection (7)—

Relevant rate The appropriate lower rate
the higher rate the basic rate
the default higher rate the default basic rate
the savings higher rate the savings basic rate
the dividend upper rate the dividend ordinary rate
the Scottish higher rate the Scottish basic rate
the Scottish advanced rate the Scottish basic rate
the Welsh higher rate the Welsh basic rate
(9) Where—
(a) it is possible to carry out Step 2 in subsection (5) by attributing amounts in more than one way, and
(b) the tax reductions, calculated under that subsection by carrying out that Step in those ways, are of different amounts,
Step 2 is to be carried out in the way that results in the highest tax reduction.”.
Jeff Smith
Vicky Foxcroft
Two of the Lords Commissioners of His Majesty's Treasury
4th December 2024