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Relief from excess sur-tax in certain cases.
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9.—(1) Where an individual is chargeable to excess sur-tax, the following provisions shall apply and have effect, that is to say:—
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(a) there shall be deemed to have been included in the total income from all sources of such individual for the year beginning on the 6th day of April, 1941, a sum (in this section referred to as the added sum) equal to whichever of the following amounts is the lesser, that is to say:—
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(i) an amount equal to the portion of the income of the said individual on which excess sur-tax is chargeable, or
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(ii) the amount of income from the profits of a trade or business to which this Part of this Act applies which would fall to be included in a statement of the total income from all sources of the said individual for the said year;
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(b) there shall be deducted from the excess sur-tax payable by the said individual a sum equal to whichever of the following sums is the lesser, that is to say:—
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(i) a sum equal to so much of the sur-tax (other than excess sur-tax), if any, payable by the said individual for the year beginning on the 6th day of April, 1941, as is applicable to the added sum, or
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(ii) a sum equal to five shillings in the pound on the added sum;
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(c) the added sum shall be treated for the purposes of this section as the highest part of the total income from all sources of the said individual.
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(2) The definition contained in this Part of this Act of the expression “total income” shall not apply or have effect in relation to that expression where it occurs in this section, and accordingly the said expression shall, in this section, be construed as if the said definition had not been enacted.
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(3) The provisions of this Part of this Act relating to the computation of profits shall not apply or have effect in relation to the computation of the profits of a trade or business for the purposes of this section.
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