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Notional income and anti-avoidance for tax credits

Produced by a Tolley Personal Tax expert
Personal Tax
Guidance

Notional income and anti-avoidance for tax credits

Produced by a Tolley Personal Tax expert
Personal Tax
Guidance
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This guidance note considers special tax credit rules which can treat someone as having income they have not actually received.

Migration of tax credits to universal credit

New claims for tax credits are no longer possible as they have been replaced by the universal credit for all claimants. Existing claimants will continue to receive tax credits until they are migrated to the universal credit system. Migration will take place when a change in circumstances is reported or when a migration notice letter is received. This is expected to be completed in 2024. There is information about migration notice letters on the GOV.UK website.

See the Universal credit guidance note.

Anti-avoidance for tax credits

The tax credits legislation makes very little mention of specific anti-avoidance rules. Instead, it refers to ‘notional income’ which is income that is treated as the claimant’s income even though the claimant did not receive it.

For example, these rules apply where claimants:

  1. •

    deliberately get rid of income in order to claim or increase their tax credits

  2. •

    fail

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  • 15 Sep 2023 11:31

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