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Finance Act 2009

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This version of this Act contains provisions that are prospective.

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Finance Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.

E+W+S+N.I.

Finance Act 2009

2009 CHAPTER 10

An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.

[21st July 2009]

Most Gracious Sovereign

We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 E+W+S+N.I.Charges, rates, allowances, etc

Income taxE+W+S+N.I.

1Charge and main rates for 2009-10E+W+S+N.I.

(1)Income tax is charged for the tax year 2009-10.

(2)For that tax year—

(a)the basic rate is 20%, and

(b)the higher rate is 40%.

2Basic rate limit for 2009-10E+W+S+N.I.

(1)For the tax year 2009-10 the amount specified in section 10(5) of ITA 2007 (basic rate limit) is replaced with “£37,400”.

(2)Accordingly, section 21 of that Act (indexation of limits), so far as relating to the basic rate limit, does not apply for that tax year.

3Personal allowance for 2009-10 for those aged under 65E+W+S+N.I.

(1)For the tax year 2009-10 the amount specified in—

(a)section 35 of ITA 2007, and

(b)section 257(1) of ICTA,

(personal allowance for those aged under 65) is replaced with “£6,475”.

(2)Accordingly—

(a)section 57 of ITA 2007, so far as relating to the amount specified in section 35 of that Act, and

(b)section 257C of ICTA, so far as relating to the amount specified in section 257(1) of that Act,

(indexation) do not apply for the tax year 2009-10.

4Reduction of personal allowance for those with income exceeding £100,000E+W+S+N.I.

(1)In section 35 of ITA 2007 (personal allowances for those aged under 65), the existing provision becomes subsection (1) of that section; and after that subsection insert—

(2)For an individual whose adjusted net income exceeds £100,000, the allowance under subsection (1) is reduced by one-half of the excess.

(3)If the amount of any allowance that remains after the operation of subsection (2) would otherwise not be a multiple of £1, it is to be rounded up to the nearest amount which is a multiple of £1.

(4)For the meaning of “adjusted net income” see section 58.

(2)In sections 36(2)(b) and 37(2)(b) of ITA 2007 (limit on reduction of personal allowances for those aged 65 to 74 or 75 and over), for “the amount of a personal allowance under section 35” substitute “ the amount of any allowance to which the individual would be entitled under section 35 if under the age of 65 throughout the tax year ”.

(3)In section 57(1)(a) and (3)(a) of ITA 2007 (indexation of allowances), for “35” substitute “ 35(1) ”.

(4)The amendments made by subsections (1) and (2) have effect for the tax year 2010-11 and subsequent tax years.

(5)The amendment made by subsection (3) has effect for finding allowances for the tax year 2011-12 and subsequent tax years.

5Abolition of personal reliefs for non-residentsE+W+S+N.I.

Schedule 1 contains provision abolishing personal reliefs for non-residents.

6Additional rate, dividend additional rate, trust rates and pension tax ratesE+W+S+N.I.

(1)Section 6 of ITA 2007 (rates of income tax) is amended as follows.

(2)In subsection (1), omit the “and” at the end of paragraph (b) and insert at the end , and

(d)the additional rate.

(3)In subsection (3)(b), for “and dividend upper rate” substitute “ , dividend upper rate and dividend additional rate ”.

(4)In section 9 (trust rate and dividend trust rate)—

(a)in subsection (1), for “40%” substitute “ 50% ”, and

(b)in subsection (2), for “32.5%” substitute “ 42.5% ”.

(5)Schedule 2 contains provision supplementing this section (including provision about rates under Part 4 of FA 2004).

(6)The amendments made by this section have effect for the tax year 2010-11 and subsequent tax years.

Corporation taxE+W+S+N.I.

7Charge and main rates for financial year 2010E+W+S+N.I.

(1)Corporation tax is charged for the financial year 2010.

(2)For that year the rate of corporation tax is—

(a)28% on profits of companies other than ring fence profits, and

(b)30% on ring fence profits of companies.

(3)In subsection (2) “ring fence profits” has the same meaning as in Chapter 5 of Part 12 of ICTA (see section 502(1) and (1A) of that Act).

8Small companies' rates and fractions for financial year 2009E+W+S+N.I.

(1)For the financial year 2009 the small companies' rate is—

(a)21% on profits of companies other than ring fence profits, and

(b)19% on ring fence profits of companies.

(2)For the financial year 2009 the fraction mentioned in section 13(2) of ICTA is—

(a)7/400ths in relation to profits of companies other than ring fence profits (“the standard fraction”), and

(b)11/400ths in relation to ring fence profits of companies (“the ring fence fraction”).

(3)See section 7(3) of FA 2008 for provision applying section 3(3) to (7) of FA 2007 in relation to profits for an accounting period any part of which falls in the financial year 2009.

(4)In this section “ring fence profits” has the same meaning as in Chapter 5 of Part 12 of ICTA (see section 502(1) and (1A) of that Act).

Value added taxE+W+S+N.I.

9Extension of reduced standard rate and anti-avoidance provisionE+W+S+N.I.

(1)The Value Added Tax (Change of Rate) Order 2008 (S.I. 2008/3020) (reducing standard rate of value added tax to 15 per cent) is to cease to be in force on 1 January 2010 (rather than ceasing to be in force on 1 December 2009 in accordance with section 2(2) of VATA 1994).

(2)Schedule 3 contains—

(a)provision for a supplementary charge to value added tax on supplies spanning the date of the VAT change (see Parts 1 to 5), and

(b)minor amendments of provisions about orders changing the standard rate of value added tax (see Part 6).

Stamp duty land taxE+W+S+N.I.

10Thresholds for residential propertyE+W+S+N.I.

(1)Part 4 of FA 2003 (stamp duty land tax) has effect in relation to transactions with an effective date on or after 22 April 2009 but before 1 January 2010 as if—

(a)in section 55(2) (amount of tax chargeable: general), in Table A (bands and percentages for residential property), for “£125,000” (in both places) there were substituted “ £175,000 ”, and

(b)in paragraph 2(3) of Schedule 5 (amount of tax chargeable: rent), in Table A (bands and percentages for residential property), for “£125,000” (in both places) there were substituted “ £175,000 ”.

(2)The following are revoked—

(a)the Stamp Duty Land Tax (Variation of Part 4 of the Finance Act 2003) Regulations 2008 (S.I. 2008/2338), and

(b)the Stamp Duty Land Tax (Exemption of Certain Acquisitions of Residential Property) Regulations 2008 (S.I. 2008/2339).

(3)The revocations made by subsection (2) have effect in relation to transactions with an effective date on or after 22 April 2009.

Alcohol and tobacco dutiesE+W+S+N.I.

11Rates of alcoholic liquor dutyE+W+S+N.I.

(1)ALDA 1979 is amended as follows.

(2)In section 5 (rate of duty on spirits), for “£21.35” substitute “ £22.64 ”.

(3)In section 36(1AA)(a) (standard rate of duty on beer), for “£14.96” substitute “ £16.47 ”.

(4)In section 62(1A) (rates of duty on cider)—

(a)in paragraph (a) (rate of duty per hectolitre in the case of sparkling cider of a strength exceeding 5.5 per cent), for “£188.10” substitute “ £207.20 ”,

(b)in paragraph (b) (rate of duty per hectolitre in the case of cider of a strength exceeding 7.5 per cent which is not sparkling cider), for “£43.37” substitute “ £47.77 ”, and

(c)in paragraph (c) (rate of duty per hectolitre in any other case), for “£28.90” substitute “ £31.83 ”.

(5)For the table in Schedule 1 substitute—

E+W+S+N.I.Table of rates of duty on wine and made-wine
Part 1 E+W+S+N.I.Wine or made-wine of a strength not exceeding 22 per cent
Description of wine or made-wineRates of duty per hectolitre
£
Wine or made-wine of a strength not exceeding 4 per cent65.94
Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent90.68
Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not being sparkling214.02
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent207.20
Sparkling wine or sparkling made-wine of a strength of 8.5 per cent or of a strength exceeding 8.5 per cent but not exceeding 15 per cent274.13
Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent285.33
Part 2 E+W+S+N.I.Wine or made-wine of a strength exceeding 22 per cent
Description of wine or made-wineRates of duty per litre of alcohol in wine or made-wine
£
Wine or made-wine of a strength exceeding 22 per cent22.64.

(6)The following are revoked—

(a)the Alcoholic Liquor Duties (Surcharges) and Tobacco Products Duty Order 2008 (S.I. 2008/3026), so far as relating to excise duty on alcoholic liquors, and

(b)the Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008 (S.I. 2008/3062).

(7)The amendments made by this section are treated as having come into force on 23 April 2009.

12Rates of tobacco products dutyE+W+S+N.I.

(1)For the table in Schedule 1 to TPDA 1979 substitute—

Table
1. CigarettesAn amount equal to 24 per cent of the retail price plus £114.31 per thousand cigarettes
2. Cigars£173.13 per kilogram
3. Hand-rolling tobacco£124.45 per kilogram
4. Other smoking tobacco and chewing tobacco£76.12 per kilogram.

(2)The Alcoholic Liquor Duties (Surcharges) and Tobacco Products Duty Order 2008 (S.I. 2008/3026), so far as relating to excise duty on tobacco products, is revoked.

(3)The amendments made by this section are treated as having come into force at 6 pm on 22 April 2009.

Vehicle excise dutyE+W+S+N.I.

13Rates for 2009-10E+W+S+N.I.

(1)Schedule 1 to VERA 1994 (annual rates of duty) is amended as follows.

(2)In paragraph 1 (general)—

(a)in sub-paragraph (2) (vehicle not covered elsewhere in Schedule otherwise than with engine cylinder capacity not exceeding 1,549cc), for “£185” substitute “ £190 ”, and

(b)in sub-paragraph (2A) (vehicle not covered elsewhere in Schedule with engine cylinder capacity not exceeding 1,549cc), for “£120” substitute “ £125 ”.

(3)In paragraph 1B (graduated rates for light passenger vehicles), for the table substitute—

Table
CO2 emissions figureRate
(1)(2)(3)(4)
ExceedingNot exceedingReduced rateStandard rate
g/kmg/km££
1001201535
120140100120
140150105125
150165130150
165185155175
185225200215
225390405

The table has effect in relation to vehicles first registered under this Act before 23 March 2006 as if—

(a)in column (3), in the last row, “200” were substituted for “ 390 ”, and

(b)in column (4), in the last row, “215” were substituted for “ 405 ”.

(4)In paragraph 1J (light goods vehicles)—

(a)in sub-paragraph (a) (vehicle which is not lower-emission van), for “£180” substitute “ £185 ”, and

(b)in sub-paragraph (b) (lower-emission van), for “£120” substitute “ £125 ”.

(5)The amendments made by this section have effect in relation to licences taken out on or after 1 May 2009.

14Rates from April 2010E+W+S+N.I.

(1)Schedule 1 to VERA 1994 (annual rates of duty) is amended as follows.

(2)In paragraph 1(2) (vehicle not covered elsewhere in Schedule otherwise than with engine cylinder capacity not exceeding 1,549cc), for “£190” substitute “ £205 ”.

(3)Paragraph 1B (graduated rates for light passenger vehicles) is amended as follows.

(4)For “table” substitute “ tables ”.

(5)Omit the “and” at the end of paragraph (a).

(6)Insert at the end of paragraph (b) and

(c)whether or not the duty is payable on the first vehicle licence for the vehicle.

(7)For the table substitute—

Table 1
Rates payable on first vehicle licence for vehicle
CO2 emissions figureRate
(1)(2)(3)(4)
ExceedingNot exceedingReduced rateStandard rate
g/kmg/km££
130140100110
140150115125
150165145155
165175240250
175185290300
185200415425
200225540550
225255740750
255940950
Table 2
Rates payable on any other vehicle licence for vehicle
CO2 emissions figureRate
(1)(2)(3)(4)
ExceedingNot exceedingReduced rateStandard rate
g/kmg/km££
1001101020
1101202030
1201308090
130140100110
140150115125
150165145155
165175170180
175185190200
185200225235
200225235245
225255415425
255425435

Table 2 has effect in relation to vehicles first registered, under this Act or under the law of a country or territory outside the United Kingdom, before 23 March 2006 as if—

(a)in column (3), in the last two rows, “235” were substituted for “ 415 ” and “425”, and

(b)in column (4), in the last two rows, “245” were substituted for “ 425 ” and “435”.

(8)In paragraph 1J(a) (light goods vehicle which is not lower-emission van), for “£185” substitute “ £200 ”.

(9)Schedule 4 contains further provision about rates of vehicle excise duty etc.

(10)The amendments made by this section have effect in relation to licences taken out on or after 1 April 2010.

Fuel dutiesE+W+S+N.I.

15Rates and rebates from Spring 2009E+W+S+N.I.

(1)HODA 1979 is amended as follows.

(2)In section 6(1A) (main rates)—

(a)in paragraph (a) (unleaded petrol), for “£0.5235” substitute “ £0.5419 ”,

(b)in paragraph (aa) (aviation gasoline), for “£0.3103” substitute “ £0.3334 ”,

(c)in paragraph (b) (light oil other than unleaded petrol or aviation gasoline), for “£0.6207” substitute “ £0.6391 ”, and

(d)in paragraph (c) (heavy oil), for “£0.5235” substitute “ £0.5419 ”.

(3)In section 6AA(3) (rate of duty on biodiesel), for “£0.3235” substitute “ £0.3419 ”.

(4)In section 6AD(3) (rate of duty on bioethanol), for “£0.3235” substitute “ £0.3419 ”.

(5)In section 8(3) (road fuel gas)—

(a)in paragraph (a) (natural road fuel gas), for “£0.1660” substitute “ £0.1926 ”, and

(b)in paragraph (b) (other road fuel gas), for “£0.2077” substitute “ £0.2482 ”.

(6)In section 11(1) (rebate on heavy oil)—

(a)in paragraph (a) (fuel oil), for “£0.0966” substitute “ £0.1 ”, and

(b)in paragraph (b) (gas oil), for “£0.1007” substitute “ £0.1042 ”.

(7)In section 14(1) (rebate on light oil for use as furnace fuel), for “£0.0966” substitute “ £0.1 ”.

(8)In section 14A(2) (rebate on certain biodiesel), for “£0.1007” substitute “ £0.1042 ”.

(9)The amendments made by subsection (2)(b) and (c) are treated as having come into force on 1 May 2009.

(10)The other amendments made by this section are treated as having come into force on 1 April 2009.

16Rates and rebates from September 2009E+W+S+N.I.

(1)HODA 1979 is amended as follows.

(2)In section 6(1A) (main rates)—

(a)in paragraph (a) (unleaded petrol), for “£0.5419” substitute “ £0.5619 ”,

(b)in paragraph (aa) (aviation gasoline), for “£0.3334” substitute “ £0.3457 ”,

(c)in paragraph (b) (light oil other than unleaded petrol or aviation gasoline), for “£0.6391” substitute “ £0.6591 ”, and

(d)in paragraph (c) (heavy oil), for “£0.5419” substitute “ £0.5619 ”.

(3)In section 6AA(3) (rate of duty on biodiesel), for “£0.3419” substitute “ £0.3619 ”.

(4)In section 6AD(3) (rate of duty on bioethanol), for “£0.3419” substitute “ £0.3619 ”.

(5)In section 8(3) (road fuel gas)—

(a)in paragraph (a) (natural road fuel gas), for “£0.1926” substitute “ £0.2216 ”, and

(b)in paragraph (b) (other road fuel gas), for “£0.2482” substitute “ £0.2767 ”.

(6)In section 11(1) (rebate on heavy oil)—

(a)in paragraph (a) (fuel oil), for “£0.1” substitute “ £0.1037 ”, and

(b)in paragraph (b) (gas oil), for “£0.1042” substitute “ £0.1080 ”.

(7)In section 14(1) (rebate on light oil for use as furnace fuel), for “£0.1” substitute “ £0.1037 ”.

(8)In section 14A(2) (rebate on certain biodiesel), for “£0.1042” substitute “ £0.1080 ”.

(9)The amendments made by this section come into force on 1 September 2009.

Other environmental taxes and dutiesE+W+S+N.I.

17Rates of air passenger dutyE+W+S+N.I.

(1)In section 30 of FA 1994 (air passenger duty: rates), for subsections (1) to (4) substitute—

(1)Air passenger duty is chargeable on the carriage of each chargeable passenger at the rate determined as follows.

(2)If the passenger's journey ends at a place in the United Kingdom or a territory specified in Part 1 of Schedule 5A—

(a)if the passenger's agreement for carriage provides for standard class travel in relation to every flight on the passenger's journey, the rate is £11, and

(b)in any other case, the rate is £22.

(3)If the passenger's journey ends at a place in a territory specified in Part 2 of Schedule 5A—

(a)if the passenger's agreement for carriage provides for standard class travel in relation to every flight on the passenger's journey, the rate is £45, and

(b)in any other case, the rate is £90.

(4)If the passenger's journey ends at a place in a territory specified in Part 3 of Schedule 5A—

(a)if the passenger's agreement for carriage provides for standard class travel in relation to every flight on the passenger's journey, the rate is £50, and

(b)in any other case, the rate is £100.

(4A)If the passenger's journey ends at any other place—

(a)if the passenger's agreement for carriage provides for standard class travel in relation to every flight on the passenger's journey, the rate is £55, and

(b)in any other case, the rate is £110.

(2)Schedule 5 contains further provision about air passenger duty.

(3)The amendment made by subsection (1) has effect in relation to the carriage of passengers beginning on or after 1 November 2009.

18Standard rate of landfill taxE+W+S+N.I.

(1)In section 42(1)(a) and (2) of FA 1996 (amount of landfill tax), for “£40” substitute “ £48 ”.

(2)The amendments made by subsection (1) have effect in relation to disposals made (or treated as made) on or after 1 April 2010.

Gambling dutiesE+W+S+N.I.

19Rates of gaming dutyE+W+S+N.I.

(1)In section 11(2) of FA 1997 (rates of gaming duty), for the table substitute—

Table
Part of gross gaming yieldRate
The first £1,929,00015 per cent
The next £1,329,50020 per cent
The next £2,329,00030 per cent
The next £4,915,50040 per cent
The remainder50 per cent.

(2)The amendment made by subsection (1) has effect in relation to accounting periods beginning on or after 1 April 2009.

20Bingo dutyE+W+S+N.I.

(1)BGDA 1981 is amended as follows.

(2)In section 17(1)(b) (bingo duty chargeable at 15 per cent of bingo promotion profits), for “15” substitute “ 22 ”.

(3)In paragraph 5(2)(c) of Schedule 3 (maximum prize for small-scale amusements exemption), for “£50” substitute “ £70 ”.

(4)The amendment made by subsection (2) has effect in relation to accounting periods beginning on or after 27 April 2009.

(5)The amendment made by subsection (3) has effect in relation to bingo played on or after 1 June 2009.

21Amounts of duty on amusement machine licencesE+W+S+N.I.

(1)In section 23(2) of BGDA 1981 (amount of duty payable on amusement machine licence), for the table substitute—

Table
Months for which licence grantedCategory ACategory B1Category B2Category B3Category B4Category C
££££££
150025520020018080
298549038538535045
31475735585585530220
41965985775775705290
524651230970970875365
629551475116011601050435
734451720135513551225505
839351965155015501405580
944302215174517451580655
1049202465193519351755725
1154102710213021301930795
1256252815221522152010830.

(2)The amendment made by subsection (1) has effect in relation to cases where the application for the amusement machine licence is received by the Commissioners for Her Majesty's Revenue and Customs after 4 pm on 22 April 2009.

22Provisions affecting amount of amusement machine licence dutyE+W+S+N.I.

(1)BGDA 1981 is amended as follows.

(2)Section 21 (gaming machine licences) is amended as follows.

(3)Subsection (5) (excepted machines) is amended as follows.

(4)In paragraph (c) (machines in case of which cost of single game does not exceed 10p and maximum value of prize for winning single game does not exceed £5)—

(a)in sub-paragraph (i), omit the “and” at the end,

(b)in sub-paragraph (ii), for “£5” substitute “ £15 ”, and

(c)after that sub-paragraph insert—

(iii)the maximum cash component of the prize for winning a single game does not exceed £8,.

(5)After that paragraph insert—

(ca)a gaming machine in respect of which—

(i)the cost of a single game does not exceed £1,

(ii)the maximum value of the prize for winning a single game does not exceed £50, and

(iii)any prize that can be won is neither money nor something that can be exchanged for or used in place of money or that can be exchanged for something other than money, and.

(6)After that subsection insert—

(6)To the extent that a prize consists of anything other than money, its value for the purposes of this section and sections 22 and 23 below is—

(a)in the case of a voucher or token that may be exchanged for, or used in place of, an amount of money, that amount,

(b)in the case of a voucher or token that does not fall within paragraph (a) and that may be exchanged for something other than money, the cost that the person providing the machine would incur in obtaining that thing from a person who is not a connected person, and

(c)in any other case, the cost that the person providing the machine would incur in obtaining the prize from a person who is not a connected person.

(7)Section 839 of the Income and Corporation Taxes Act 1988 (connected persons) applies for the purposes of subsection (6).

(7)In section 22(2) (machine in respect of which benefits for winning single game do not exceed £8 to be “small-prize machine”), for “£8” substitute “ £10 ”.

(8)Section 23 (amount of duty) is amended as follows.

(9)In subsection (3) (categories of machines), in the definition of Category C gaming machine, in paragraph (ii)—

(a)for “50p” substitute “ £1 ”, and

(b)for “£35” substitute “ £70 ”.

(10)Omit subsection (5) (which is superseded by the amendment made by subsection (6)).

(11)In consequence of the amendments made by the preceding provisions of this section, omit—

(a)in FA 2000, in Schedule 2, paragraph 3(1)(b), and

(b)in FA 2007, section 9(2) and (4).

(12)The amendments made by this section are treated as having come into force on 1 June 2009.

Part 2 E+W+S+N.I.Income tax, corporation tax and capital gains tax

Support for businessE+W+S+N.I.

23Temporary extension of loss carry back provisionsE+W+S+N.I.

Schedule 6 contains provision for a temporary extension of provisions allowing the carrying back of losses.

24First-year capital allowances for expenditure in 2009-2010E+W+S+N.I.

(1)Part 2 of CAA 2001 (plant and machinery allowances) has effect as if—

(a)in section 39 (first-year qualifying expenditure), a reference to this section were included in the list of provisions describing first-year qualifying expenditure, and

(b)in the Table in section 52(3) (amount of first-year allowances), there were inserted at the end—

Expenditure qualifying under section 24 of FA 2009 (expenditure in 2009-2010)40%.

(2)Expenditure is first-year qualifying expenditure under this section if—

(a)it is incurred in 2009-2010,

(b)it is not within any of the general exclusions in section 46(2) of CAA 2001 (subject to subsection (4)),

(c)it is not special rate expenditure (as defined by section 104A of CAA 2001), and

(d)it is not first-year qualifying expenditure under a provision of Chapter 4 of Part 2 of CAA 2001.

(3)For the purposes of this section expenditure is incurred in 2009-2010—

(a)in the case of expenditure incurred by a person within the charge to corporation tax, if it is incurred on or after 1 April 2009 but before 1 April 2010, and

(b)in the case of expenditure incurred by a person within the charge to income tax, if it is incurred on or after 6 April 2009 but before 6 April 2010.

(4)General exclusion 6 in section 46(2) of CAA 2001 (expenditure on provision of plant or machinery for leasing) does not prevent expenditure being first-year qualifying expenditure under this section if the plant or machinery is provided for leasing under an excluded lease of background plant or machinery for a building (as defined by section 70R of that Act).

(5)Expressions used in this section and in Part 2 of CAA 2001 have the same meaning here as in that Part of that Act, subject to subsection (6).

(6)In determining whether expenditure is incurred in 2009-2010, any effect of section 12 of CAA 2001 (expenditure incurred before qualifying activity carried on) on the time at which it is to be treated as incurred is to be disregarded.

25Agreements to forgo tax reliefsE+W+S+N.I.

(1)If—

(a)a person (“P”) makes arrangements under which P agrees (in whatever terms) to forgo (to any extent) tax relief or a right to tax relief (whenever arising), and

(b)the Treasury designates the arrangements for the purposes of this section,

all relevant enactments are to have effect with such modifications as are necessary or expedient to give effect to the agreement.

(2)The Treasury may not designate arrangements for the purposes of this section unless—

(a)the arrangements have been made with the Treasury, another government department or another public body, and

(b)under the arrangements, or under other arrangements, the Treasury, another government department or another public body—

(i)guarantees or assumes a loss or other liability of P or another person,

(ii)insures or indemnifies P or another person against a loss or other liability,

(iii)agrees to make a payment to P or another person in respect of a loss or other liability of any person (whether or not the person to whom the payment is to be made), or

(iv)gives other financial support or assistance to P or another person (whether in money or otherwise).

(3)If P forgoes (to any extent) tax relief or a right to tax relief under subsection (1)—

(a)no tax relief is to be given to P or any other person by virtue of what is forgone or anything resulting from or representing what is forgone, and

(b)all relevant enactments are to have effect with such modifications as are necessary or expedient to give effect to paragraph (a).

(4)In this section—

  • relevant enactments” means—

    (a)

    the Corporation Tax Acts, and

    (b)

    the enactments relating to petroleum revenue tax;

  • tax relief” means—

    (a)

    a reduction (by any means) of P's liability to any tax, or

    (b)

    a payable tax credit.

(5)This section has effect in relation to arrangements made on or after 22 April 2009; but that does not prevent subsections (1) and (3) from having effect in relation to times before 22 April 2009.

26Contaminated and derelict landE+W+S+N.I.

Schedule 7 contains provision extending Part 14 of CTA 2009 (remediation of contaminated land) to derelict land and other provision amending that Part of that Act.

27Venture capital schemesE+W+S+N.I.

Schedule 8 contains provision about venture capital schemes.

28Group relief: preference sharesE+W+S+N.I.

Schedule 9 contains provision about the treatment of certain preference shares for the purposes of group relief.

29Sale of lessor companies etc: reformsE+W+S+N.I.

Schedule 10 contains provision amending Schedule 10 to FA 2006 (sale of lessor companies etc).

30Tax relief for business expenditure on cars and motor cyclesE+W+S+N.I.

Schedule 11 contains provision about tax relief for business expenditure on cars and motor cycles.

31Reallocation of chargeable gain or loss within a groupE+W+S+N.I.

Schedule 12 contains provision about the reallocation of chargeable gains and allowable losses between companies that are members of a group.

32Stock lending: chargeable gains in event of insolvency etc of borrowerE+W+S+N.I.

Schedule 13 contains provision amending TCGA 1992 in respect of stock lending arrangements in the event of the insolvency of the borrower.

33FSCS payments representing interestE+W+S+N.I.

(1)Chapter 2 of Part 4 of ITTOIA 2005 (interest) is amended as follows.

(2)In section 369(2) (list of provisions extending what is treated as interest for certain purposes), after “bonds),” insert— “ section 380A (FSCS payments representing interest), ”.

(3)After section 380 insert—

380AFSCS payments representing interest

(1)Any payment representing interest which is made under the FSCS is treated as interest for the purposes of this Act.

(2)Payment representing interest” means a payment calculated in the same way as interest which would have been paid to the recipient but for the circumstances giving rise to the making of payments under the FSCS.

(3)Where a payment representing interest is made net of an amount equal to a sum representing income tax that would have been deducted on the payment of interest, the amount treated as interest by this section is the aggregate of the payment representing interest and that sum.

(4)This section applies to payments made under the FSCS whether or not they are made (in whole or in part) on behalf of the Treasury or any other person.

(5)In this section “the FSCS” means the Financial Services Compensation Scheme (established under Part 15 of the Financial Services and Markets Act 2000).

(4)In ITA 2007, after section 979 insert—

979AFSCS payments representing interest

(1)This section applies where a payment is made under the FSCS representing interest net of an amount equal to a sum representing income tax that would have been deducted on the payment of interest but for the circumstances giving rise to the making of payments under the FSCS.

(2)A payment of the relevant gross amount is treated as having been made under the FSCS after there has been deducted from it a sum representing income tax of that amount.

(3)That sum is accordingly taken into account under section 59B of TMA 1970 in determining the income tax payable by, or repayable to, the recipient.

(4)The relevant gross amount” means the aggregate of the amount of the payment representing interest which is made and that sum.

(5)If the recipient requests it in writing, the scheme manager of the FSCS must provide the recipient with a statement showing—

(a)the relevant gross amount,

(b)the amount of the sum treated as deducted, and

(c)the amount of the payment representing interest.

(6)The duty to comply with a request under subsection (5) is enforceable by the recipient.

(7)In this section—

  • the FSCS” means the Financial Services Compensation Scheme (established under Part 15 of the Financial Services and Markets Act 2000);

  • payment representing interest” has the same meaning as in section 380A of ITTOIA 2005.

(5)The amendments made by this section have effect in relation to payments made on or after 6 October 2008.

Foreign profits etcE+W+S+N.I.

34Corporation tax treatment of company distributions receivedE+W+S+N.I.

Schedule 14 contains provision about the treatment for the purposes of corporation tax of dividends and other distributions.

35Tax treatment of financing costs and incomeE+W+S+N.I.

Schedule 15 contains provision about the treatment for the purposes of corporation tax of certain financing costs and certain financing income of companies that are members of a group.

36Controlled foreign companiesE+W+S+N.I.

Schedule 16 contains provision about controlled foreign companies.

37International movement of capitalE+W+S+N.I.

Schedule 17 contains provision—

(a)removing the existing requirements in relation to the international movement of capital in sections 765 to 767 of ICTA, and

(b)imposing new reporting requirements on certain bodies corporate in relation to the international movement of capital.

38Corporation tax: foreign currency accountingE+W+S+N.I.

Schedule 18 contains provision about foreign currency accounting.

39Certain distributions of offshore funds taxed as interestE+W+S+N.I.

(1)Chapter 2 of Part 4 of ITTOIA 2005 (interest) is amended as follows.

(2)In section 369(2) (list of provisions extending what is treated as interest for certain purposes), after the entry relating to section 376 insert— “ section 378A (offshore fund distributions), ”.

(3)After section 378 insert—

378AOffshore fund distributions

(1)This section applies where—

(a)a dividend is paid by an offshore fund, and

(b)the offshore fund fails to meet the qualifying investments test at any time in the relevant period.

(2)The dividend is treated as interest for income tax purposes.

(3)For the purposes of this section, an offshore fund fails to meet the qualifying investments test if the market value of the fund's qualifying investments exceeds 60% of the market value of all of the assets of the fund (excluding cash awaiting investment).

(4)The relevant period” means—

(a)the relevant period of account of the offshore fund, or

(b)if longer, the period of 12 months ending on the last day of that period.

(5)The relevant period of account” means—

(a)the last period of account ending before the dividend is paid, in a case in which the profits available for distribution at the end of that period (and not used since then by distribution or otherwise) equal or exceed the amount of the dividend (aggregated with any other distribution made by the offshore fund at the same time), and

(b)the period of account in which the dividend is paid, in any other case.

(6)This section applies to a manufactured overseas dividend if, and only if, it is representative of a distribution to which this section would apply.

(7)In this section—

  • dividend” includes any distribution that (but for this section) would be treated as a dividend for income tax purposes;

  • manufactured overseas dividend” has the same meaning as in Chapter 2 of Part 11 of ITA 2007 (manufactured payments);

  • offshore fund” has the same meaning as in Chapter 5 of Part 17 of ICTA (see sections 756A to 756C of that Act);

  • qualifying investments” has the meaning given in section 494 of CTA 2009.

(4)Accordingly, in section 367 of ITTOIA 2005 (priority between Chapters within Part 4), in subsection (3)—

(a)in paragraph (a), after “dividends)” insert “ , 378A (offshore fund distributions) ”, and

(b)in paragraph (b), insert at the end “or Chapter 4 (or both)”.

(5)The amendments made by this section have effect in relation to—

(a)distributions arising on or after 22 April 2009, and

(b)manufactured overseas dividends that are representative of a distribution arising on or after that date.

40Income tax credits for foreign distributionsE+W+S+N.I.

Schedule 19 contains provision about income tax credits for foreign distributions.

Loan relationships and derivativesE+W+S+N.I.

41Loan relationships involving connected partiesE+W+S+N.I.

Schedule 20 contains provision about loan relationships involving connected parties.

42Release of trade etc debtsE+W+S+N.I.

(1)CTA 2009 is amended as follows.

(2)In section 353 (introduction to Chapter 6 of Part 5)—

(a)omit subsection (3), and

(b)in subsection (6), after “loss”” insert “ and release debit ”.

(3)In section 476(1) (definitions for purposes of Parts 5 and 6), after the definition of “profit sharing arrangements” insert—

release debit”, in relation to a company, means a debit in respect of a release by the company of a liability under a creditor relationship of the company,.

(4)Section 479 (relevant non-lending relationships not involving discounts) is amended as follows.

(5)In subsection (2)—

(a)omit the “and” at the end of paragraph (b),

(b)in paragraph (c), after “loss)” insert “ or release debit ”, and

(c)insert at the end , and

(d)a debt in relation to which a relevant deduction has been allowed to the company and which is released.

(6)In subsection (3), for “(2)” substitute “ (2)(c) ”.

(7)After that subsection insert—

(3A)In subsection (2)(d) “relevant deduction” means a deduction allowed in calculating the profits of a trade, UK property business or overseas property business.

(8)Section 481 (application of Part 5 to relevant non-lending relationships) is amended as follows

(9)In subsection (3)—

(a)in paragraph (d), after “loss” insert “ or release debit ” and for “impairment, and” substitute “ impairment or release, ”, and

(b)insert at the end and

(f)in the case of a debt in relation to which a relevant deduction has been allowed to the company and which is released, the release.

(10)In subsection (4), for “(3)” substitute “ (3)(d) and (e) ”.

(11)After that subsection insert—

(4A)In subsection (3)(f) “relevant deduction” has the meaning given in section 479(3A).

(12)The amendments made by this section are treated as having come into force on 22 April 2009.

43Foreign exchange matching: anti-avoidanceE+W+S+N.I.

Schedule 21 contains anti-avoidance provisions relating to exchange gains and losses arising from loan relationships and derivative contracts.

Collective investmentE+W+S+N.I.

44Tax treatment of participants in offshore fundsE+W+S+N.I.

In Schedule 22—

  • Part 1 contains provision defining what is meant by an offshore fund for the purposes of section 41 of FA 2008 (tax treatment of participants in offshore funds), and

  • Part 2 contains provision about the treatment of participants in certain offshore funds under TCGA 1992.

45Power to enable dividends of investment trusts to be taxed as interestE+W+S+N.I.

(1)The Treasury may by regulations make provision for and in connection with—

(a)the designation by a company that is an investment trust or a prospective investment trust of dividends made by the company, and

(b)the treatment of a designated dividend for the purposes of the Tax Acts, in specified circumstances and in the case of specified persons—

(i)as a payment of yearly interest, or

(ii)as interest under a loan relationship.

(2)Regulations under this section may, in particular, make provision—

(a)about the circumstances in which a dividend may, or may not, be designated,

(b)about limits on the amounts that may be designated or treated as a payment of yearly interest or as interest under a loan relationship,

(c)disapplying the duty under section 874 of ITA 2007 (deduction of sums representing income tax from payments of yearly interest) in specified circumstances,

(d)about the preparation of accounts and the keeping of records by investment trusts and prospective investment trusts, and

(e)about the provision by investment trusts and prospective investment trusts of information, whether to recipients of designated dividends or to other persons, including provision imposing a penalty not exceeding £3,000.

(3)Regulations under this section may, in particular—

(a)make provision applying enactments and instruments (with or without modification),

(b)make different provision for different cases or different purposes, and

(c)make incidental, consequential, supplementary or transitional provision.

(4)Regulations under this section are to be made by statutory instrument.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.

(6)In this section—

  • company” has the same meaning as in section 842 of ICTA (investment trusts);

  • investment trust” means an investment trust within the meaning of section 842(1) of ICTA;

  • loan relationship” has the same meaning as in the Corporation Tax Acts (see section 302(1) and (2) of CTA 2009);

  • prospective investment trust” means a company that—

    (a)

    intends to seek approval under section 842 of ICTA (investment trusts), and

    (b)

    has a reasonable belief that such approval will be obtained;

  • specified” means specified in regulations under this section.

Insurance etcE+W+S+N.I.

46Insurance companiesE+W+S+N.I.

Schedule 23 contains provisions relating to insurance companies.

47Equalisation reserves for Lloyd's corporate and partnership membersE+W+S+N.I.

(1)The Treasury may by regulations provide for section 444BA of ICTA (equalisation reserves) to have effect, in such cases and subject to such modifications as may be specified in the regulations, in relation to equivalent Lloyd's reserves as it has effect in relation to equalisation reserves maintained by virtue of equalisation reserves rules.

(2)For this purpose a reserve is an equivalent Lloyd's reserve if it is maintained by a corporate or partnership member for purposes, or in a manner, such as to make it equivalent to an equalisation reserve maintained by virtue of equalisation reserves rules.

(3)The regulations may include—

(a)provision having effect in relation to periods before they are made, and

(b)supplementary, incidental, consequential and transitional provision.

(4)In this section—

  • corporate member” means a body corporate which is a member of Lloyd's;

  • equalisation reserves rules” has the same meaning as in section 444BA of ICTA (see subsection (11) of that section);

  • member” means underwriting member;

  • partnership member” means a limited partnership formed under the law of Scotland, or a limited liability partnership formed under the law of any part of the United Kingdom, which is a member of Lloyd's.

SimplificationE+W+S+N.I.

48Disguised interestE+W+S+N.I.

Schedule 24 contains provision about the corporation tax treatment of disguised interest.

49Transfer of income streamsE+W+S+N.I.

Schedule 25 contains provision about transfers of income streams.

50SAYE schemesE+W+S+N.I.

(1)Schedule 26 contains provision amending Chapter 4 of Part 6 of ITTOIA 2005 (SAYE interest).

(2)The amendments made by that Schedule are treated as having come into force on 29 April 2009.

Residence and domicileE+W+S+N.I.

51Remittance basisE+W+S+N.I.

Schedule 27 contains amendments about the remittance basis.

52Exemption for certain non-domiciled personsE+W+S+N.I.

(1)In Part 14 of ITA 2007 (income tax: miscellaneous rules), after Chapter 1 insert—

Chapter 1AE+W+S+N.I.Exemption for persons not domiciled in United Kingdom
828AIntroduction

This Chapter provides for an exemption from liability to income tax for an individual for a tax year if—

(a)the individual is UK resident in the tax year but not domiciled in the United Kingdom in the tax year,

(b)section 809B does not apply to the individual for the tax year, and

(c)conditions A to F in section 828B are met.

828BConditions to be met

(1)Condition A is that in the tax year the individual has income from an employment the duties of which are performed wholly or partly in the United Kingdom.

(2)Condition B is that, if the individual's income for the tax year consists of or includes relevant foreign earnings—

(a)the amount of the relevant foreign earnings does not exceed £10,000, and

(b)all of that amount is subject to a foreign tax.

(3)Condition C is that, if the individual's income for the tax year consists of or includes income that is relevant foreign income by virtue of section 830(2)(e) of ITTOIA 2005—

(a)the amount of that income does not exceed £100, and

(b)all of that amount is subject to a foreign tax.

(4)Condition D is that the individual has no other foreign income and gains for the tax year.

(5)Condition E is that the individual would not for the tax year be liable to income tax at a rate other than the basic rate or the starting rate for savings if this Chapter did not apply to the individual for the tax year.

(6)Condition F is that the individual does not make a return under section 8 of TMA 1970 for the tax year.

828CThe exemption

(1)The exemption is given by deducting the relevant amount from what would otherwise be the amount of the individual's liability to income tax for the tax year under section 23.

(2)“The relevant amount” is so much of the amount of the individual's liability to income tax as is attributable to the individual's foreign income or gains for the tax year.

(3)But if for the tax year the individual's total income is reduced by any deductions which fall to be made at Step 3 of the calculation in section 23 from the individual's foreign income or gains for the tax year, subsection (2) has effect as if the individual's foreign income or gains for the tax year were reduced by the amount of the deductions.

(4)And if the individual is entitled under—

(a)section 788 of ICTA (double taxation arrangements: relief by agreement), or

(b)section 790(1) of that Act (relief for foreign tax where no double taxation arrangements),

to a tax reduction in respect of the individual's foreign income or gains for the tax year, what would otherwise be the relevant amount is reduced by the amount of that reduction.

828DInterpretation of Chapter

(1)This section applies for the purposes of this Chapter.

(2)Employed” and “employment” have the same meaning as in the employment income Parts of ITEPA 2003: see Chapter 1 of Part 2 of that Act.

(3)Foreign income and gains”, in relation to an individual, means what would be the individual's foreign income and gains for the purposes of Chapter A1 of this Part if section 809B applied to the individual (see section 809Z7(2)).

(4)Foreign tax” means any tax chargeable under the law of a territory outside the United Kingdom.

(5)Relevant foreign earnings”, in relation to an individual, means what would be the individual's relevant foreign earnings for the purposes of Chapter A1 of this Part if section 809B applied to the individual (see section 809Z7(3)).

(2)In section 2(14) of ITA 2007 (overview), after paragraph (a) insert—

(aa)exemption for persons not domiciled in United Kingdom (Chapter 1A),.

(3)The amendments made by this section have effect for the tax year 2008-09 and subsequent tax years.

Employment incomeE+W+S+N.I.

53Taxable benefits: carsE+W+S+N.I.

Schedule 28 contains provision about taxable benefits arising from cars made available to employees etc by reason of employment.

54Taxable benefit of cars: price of automatic car for disabled employeeE+W+S+N.I.

(1)Chapter 6 of Part 3 of ITEPA 2003 (taxable benefits: cars etc) is amended as follows.

(2)In section 116(3) (meaning of when car is available), after “to section” insert “ 124A or ”.

(3)In section 121(1) (method of calculating cash equivalent of benefit of car), in step 1, for “124” substitute “ 124A ”.

(4)In section 122 (price of car), the existing provision becomes subsection (1) of that section and after that subsection insert—

(2)This is subject to section 124A (automatic car for a disabled employee).

(5)After section 124 insert—

124AAutomatic car for a disabled employee

(1)This section applies where—

(a)a car has automatic transmission (“the automatic car”),

(b)at any time in the year when the automatic car is available to the employee (“E”), E holds a disabled person's badge, and

(c)by reason of E's disability, E must, in the event of wanting to drive a car, drive a car which has automatic transmission.

(2)If, under section 122 to 124, the price of the automatic car is more than it would have been if the automatic car had been an equivalent manual car, the price of the automatic car is to be the price of an equivalent manual car.

(3)In subsection (2) “an equivalent manual car” means a car which—

(a)is first registered at or about the same time as the automatic car, and

(b)does not have automatic transmission, but otherwise is the closest variant available of the make and model of the automatic car.

(4)For the purposes of this section a car has automatic transmission if—

(a)the driver of the car is not provided with any means by which the driver may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or

(b)the driver is provided with such means, but they do not include—

(i)a clutch pedal, or

(ii)a lever which the driver may operate manually.

(5)For the purposes of this section a car is available to an employee at a particular time if it is then made available, by reason of the employment and without any transfer of the property in it, to the employee.

(6)The amendments made by this section have effect for the tax year 2009-10 and subsequent tax years.

55Exemption of benefit consisting of health-screening or medical check-upE+W+S+N.I.

(1)Part 4 of ITEPA 2003 (employment income: exemptions) is amended as follows.

(2)In section 266(3) (exemption of non-cash vouchers for exempt benefits), omit the “or” at the end of paragraph (e) and insert at the end or

(g)section 320B (health screening and medical check-ups).

(3)In section 267(2) (exemption of credit-tokens used for exempt benefits), omit the “and” at the end of paragraph (g) and insert at the end and

(i)section 320B (health screening and medical check-ups).

(4)After section 320A insert—

Health-screening and medical check-upsE+W+S+N.I.
320BHealth-screening and medical check-ups

(1)No liability to income tax arises in respect of the provision for an employee, on behalf of an employer, of a health-screening assessment or a medical check-up.

(2)Subsection (1) does not apply—

(a)to more than one health-screening assessment provided in a tax year by any one employer or by any of a number of persons who are employers of the employee at the same time, or

(b)to more than one medical check-up so provided.

(3)In this section—

  • health-screening assessment” means an assessment to identify employees who might be at particular risk of ill-health, and

  • medical check-up” means a physical examination of the employee by a health professional for (and only for) determining the employee's state of health.

(5)The amendments made by this section have effect for the tax year 2009-10 and subsequent tax years.

56MEPs' pay, allowances and pensions under European Parliament StatuteE+W+S+N.I.

(1)Part 18 of ICTA (double tax relief) has effect as if tax for the benefit of the Communities payable in respect of any income under—

(a)Articles 9.1 and 10 (salaries),

(b)Article 13 (transitional allowances), or

(c)Article 14, 15 or 17 (pensions for old-age, incapacity and survivors),

of the Statute for Members of the European Parliament (2005/684/EC, Euratom) were payable under the law of a territory outside the United Kingdom.

(2)In section 291(2)(c) of ITEPA 2003 (termination payments under section 3 of European Parliament (Pay and Pensions) Act 1979), insert at the end “ or under Article 13 of the Statute for Members of the European Parliament (transitional allowances), ”.

(3)This section has effect for the tax year 2009-10 and subsequent tax years.

Double taxationE+W+S+N.I.

57Tax underlying dividendsE+W+S+N.I.

(1)In section 799(1A) of ICTA (computation of foreign tax on dividends), for “in force when the dividend was paid” substitute “ applicable to profits of the company by which the dividend is received for the accounting period in which it is received or, where there is more than one such rate, the average rate over the whole of that accounting period ”.

(2)Section 801 of ICTA (dividends paid between related companies) is amended as follows.

(3)In subsection (2), after “had been paid” insert “ (at the time when the dividend mentioned in subsection (1) above is received) ”.

(4)In the version of section 799(1A) set out in subsection (2B), for “in force when the dividend was paid” substitute “ applicable to profits of the company by which the dividend is received for the accounting period in which it is received or, where there is more than one such rate, the average rate over the whole of that accounting period ”.

(5)The amendment made by subsection (3) has effect in relation to dividends paid to a company falling within section 801(1A) of ICTA if they are paid on or after 22 April 2009.

(6)The other amendments made by this section have effect in relation to dividends paid on or after 1 April 2008.

58Manufactured overseas dividendsE+W+S+N.I.

Schedule 29 contains provision about the amount of overseas tax treated as withheld in relation to certain manufactured overseas dividends.

59Payments by reference to foreign tax etcE+W+S+N.I.

(1)Part 18 of ICTA (double taxation relief) is amended as follows.

(2)Before section 805 insert—

804GReduction in credit: payment by reference to foreign tax

(1)This section applies if—

(a)credit for foreign tax falls to be allowed to a person (“P”) under any arrangements, and

(b)a payment is made by a tax authority to P, or any person connected with P, by reference to the foreign tax.

(2)The amount of that credit is to be reduced by an amount equal to that payment.

(3)Section 839 applies for the purposes of determining whether or not a person is connected with P.

(3)Section 806 (time limit for claims etc) is amended as follows.

(4)In subsection (2)—

(a)after “arrangements” insert “ is reduced under section 804G, or ”,

(b)for “to which the adjustment gives rise” substitute “ to which the reduction or adjustment gives rise ”, and

(c)for “all such assessments, adjustments” substitute “ all such assessments, reductions, adjustments ”.

(5)In subsection (3)—

(a)in paragraph (b), after “subsequently” insert “ reduced under section 804G or ”, and

(b)in the words after paragraph (b), after “Board that” insert “ a reduction has been made or that ”.

(6)In subsections (4) and (5), for “the adjustment” substitute “ the reduction or adjustment ”.

(7)In subsection (6)—

(a)for “any adjustment” substitute “ any reduction or adjustment ”, and

(b)after “allowed” insert “ has been reduced or ”.

(8)Section 811 (deduction for foreign tax where no credit allowable) is amended as follows.

(9)After subsection (3) insert—

(3A)If—

(a)income of any person (“P”) is treated under subsection (1) as reduced by a sum paid in respect of tax on that income in the place where the income has arisen (“foreign tax”), and

(b)a payment is made by a tax authority to P, or any person connected with P, by reference to the foreign tax,

the amount of P's income is to be increased by an amount equal to the payment made to P or the connected person.

(3B)Section 839 applies for the purposes of determining whether or not a person is connected with P.

(10)In subsection (4)—

(a)before “nothing” insert “ or the amount of P's income is increased under subsection (3A), ”,

(b)for “adjustment gives rise” substitute “ adjustment or increase gives rise ”,

(c)for “all such assessments, adjustments” substitute “ all such assessments, adjustments, increases ”, and

(d)insert at the end “or increase under subsection (3A) falls to be made”.

(11)In subsection (5)—

(a)in paragraph (b), after “United Kingdom” insert “ or an increase under subsection (3A) ”, and

(b)in the words after paragraph (b), after “adjustment” insert “ or increase ”.

(12)In subsections (6), (7) and (8), after “adjustment” insert “ or increase ”.

(13)The amendments made by this section have effect in relation to payments made on or after 22 April 2009.

60Anti-fragmentationE+W+S+N.I.

(1)Part 18 of ICTA (double taxation relief) is amended as follows.

(2)In section 798A (section 797: trade income), after subsection (3) insert—

(3A)Subsection (3) is subject to subsection (3B) if—

(a)the taxpayer is a bank or a company connected with a bank, and

(b)the amount of the included funding costs is significantly less than the amount of the notional funding costs.

(3B)The amount of the notional funding costs is to be included in the subsection (3) total, but only to the extent that it exceeds the amount of the included funding costs.

(3C)In subsections (3A) and (3B) and this subsection—

  • bank” has the meaning given by section 840A;

  • connected” has the meaning given by section 839;

  • included funding costs” means the total of the funding costs that are—

    (a)

    incurred by the taxpayer, or any company connected with the taxpayer, in respect of capital used to fund the relevant transaction, and

    (b)

    included in the subsection (3) total (before the application of subsection (3B));

  • notional funding costs” means the funding costs that the relevant bank would incur (on the basis of its average funding costs) in respect of the capital that would be needed to wholly fund the relevant transaction if that transaction were funded in that way (and for this purpose “relevant bank” means the bank that is the taxpayer, or with which the taxpayer is connected);

  • relevant transaction” means the transaction, arrangement or asset from which the income or gain arises;

  • subsection (3) total” means the amount to be taken into account under subsection (3) for the purposes of section 797(1).

(3)Section 798B (section 798A: special cases), after subsection (4) insert—

(4A)Income of a person (“D”) is to be treated for the purposes of section 798A as trade income (if it is not otherwise trade income) of D in a case where—

(a)the income is received by D as part of a scheme or arrangement entered into by D and a connected person (“C”),

(b)if C had received the income, it would be reasonable to assume that it would be trade income of C, and

(c)a main purpose of the scheme or arrangement is to produce the result that section 798A will not have effect in relation to the income because it is received by D.

(4B)For the purposes of subsection (4A)(b) it is to be assumed that, in the case of any relevant transaction to which a relevant person is a party, C were that party to that transaction.

(4C)In subsections (4A) and (4B) and this subsection—

  • connected person” means a person with whom D is connected (within the meaning of section 839);

  • relevant person” means—

    (a)

    D, or

    (b)

    any other connected person who is a party to the scheme or arrangement;

  • relevant transaction” means any of the transactions giving rise to the income.

(4)The amendments made by this section have effect in relation to a credit for foreign tax which relates to—

(a)a payment of foreign tax on or after 22 April 2009, or

(b)income received on or after that date in respect of which foreign tax has been deducted at source.

Miscellaneous anti-avoidance provisionsE+W+S+N.I.

61Financial arrangements avoidanceE+W+S+N.I.

Schedule 30 contains provision to counter avoidance involving financial arrangements.

62Transfers of trade to obtain terminal loss reliefE+W+S+N.I.

(1)In section 393A of ICTA (set off of losses against profits of same or earlier accounting period), after subsection (2D) insert—

(2E)But subsection (2A) above does not apply by reason of a company ceasing to carry on a trade if—

(a)on the company ceasing to carry on the trade, any of the activities of the trade begin to be carried on by a person who is not (or by persons any or all of whom are not) within the charge to corporation tax, and

(b)the company's ceasing to carry on the trade is part of a scheme or arrangement the main purpose, or one of the main purposes, of which is to secure that subsection (2A) above applies to a loss by reason of the cessation.

(2)The amendment made by subsection (1) has effect in relation to cessations of a trade on or after 21 May 2009.

63Sale of lessor companies etc: anti-avoidanceE+W+S+N.I.

Schedule 31 contains provision amending Schedule 10 to FA 2006 (sale of lessor companies etc) to prevent avoidance.

64Leases of plant or machineryE+W+S+N.I.

Schedule 32 contains provision about leases of plant or machinery.

65Long funding leases of filmsE+W+S+N.I.

Schedule 33 contains provision about long funding leases of films.

66Real Estate Investment TrustsE+W+S+N.I.

Schedule 34 contains provision about Real Estate Investment Trusts.

67Deductions for employee liabilitiesE+W+S+N.I.

(1)ITEPA 2003 is amended as follows.

(2)In section 346 (deduction for employee liabilities), after subsection (2) insert—

(2A)Nor is a deduction allowed for a payment which falls within paragraph A, B or C if the payment is made in pursuance of arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax.

(3)After section 556 insert—

556ADeductible payments made pursuant to tax avoidance arrangements

No deduction may be made under section 555 if the deductible payment is made in pursuance of arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax.

(4)The amendments made by this section have effect in relation to payments made on or after 12 January 2009 (irrespective of when the arrangements are made).

68Employment loss reliefE+W+S+N.I.

(1)In section 128 of ITA 2007 (employment loss relief against general income), after subsection (5) insert—

(5A)No claim may be made in respect of the loss if and to the extent that it is made as a result of anything done in pursuance of arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax.

(2)The amendment made by subsection (1)—

(a)has effect in relation to a loss made in the tax year 2009-10 or a subsequent tax year, and

(b)has effect in relation to a loss made in the tax year 2008-09 if or to the extent that it is occasioned by an act or omission occurring on or after 12 January 2009.

(3)Where a person has made a claim under section 128 of ITA 2007 during the relevant period, no penalty is payable by the person on the ground that any return, statement or declaration made in connection with the claim contained an inaccuracy if it would not have done so but for the amendment made by subsection (1).

For this purpose “the relevant period” is the period—

(a)beginning with 12 January 2009, and

(b)ending with 1 April 2009.

(4)Subsection (2) of section 59C of TMA 1970 (surcharge on unpaid tax) has effect in relation to tax which would not be payable but for the amendment made by subsection (1) as if the reference in that subsection to the due date were to the later of 1 April 2009 and the due date.

69No loss relief for losses from contracts for life insurance etcE+W+S+N.I.

(1)In section 152(8) of ITA 2007 (losses from miscellaneous transactions: cases that are not “section 1016 income”), after “ICTA” insert “ or Chapter 9 of Part 4 of ITTOIA 2005 ”.

(2)The amendment made by subsection (1) has effect in relation to losses made in the tax year 2009-10 or a subsequent tax year.

(3)That amendment also has effect for the tax year 2008-09 in relation to a loss arising to a person under a policy of life insurance, a contract for a life annuity or a contract constituting a capital redemption policy if—

(a)the policy is issued in respect of an insurance made, or the contract is made, on or after 1 April 2009,

(b)the policy or contract is varied on or after that date so as to increase the benefits secured (any exercise of rights conferred by the policy or contract being regarded for this purpose as a variation),

(c)there is an assignment (or assignation) to the person (whether or not for money or money's worth) on or after that date of the rights, or a share of the rights, conferred by the policy or contract, or

(d)all or part of the rights conferred by the policy or contract become held on or after that date as a security for a debt of the person.

(4)Where—

(a)a person has made a claim under section 152 of ITA 2007 for the tax year 2008-09 or an earlier tax year in respect of a loss, and

(b)by virtue of the amendment made by subsection (1) no claim could have been made in respect of the loss had it been made in the tax year 2009-10,

no deduction may be made for the tax year 2009-10 or a subsequent tax year in accordance with step 2 or 3 in section 153 of ITA 2007 in respect of the loss.

70Intangible fixed assets and goodwillE+W+S+N.I.

(1)Part 8 of CTA 2009 (intangible fixed assets) is amended as follows.

(2)In section 712(1) (meaning of “intangible asset”), insert at the end “ (and includes an internally-generated intangible asset) ”.

(3)In section 715 (application of Part 8 to goodwill)—

(a)in subsection (3), insert at the end “(and includes internally-generated goodwill)”, and

(b)insert at the end—

(4)For the purposes of this Part, goodwill is treated as created in the course of carrying on the business in question.

(4)In section 883 (assets treated as created or acquired when expenditure incurred)—

(a)in subsection (1), for paragraph (b) substitute—

(b)has effect subject to the provisions specified in subsection (2).,

(b)in subsection (2)(a), omit “internally-generated”,

(c)in subsection (2)(b), for “certain other internally-generated assets” substitute “ assets representing non-qualifying expenditure ”, and

(d)in subsection (3), omit “to which this section applies”.

(5)In section 884 (internally-generated goodwill: time of creation)—

(a)omit “internally-generated”,

(b)for the words from “before” to the end substitute

(a)before (and not on or after) 1 April 2002 in a case in which the business in question was carried on at any time before that date by the company or a related party, and

(b)on or after 1 April 2002 in any other case., and

(c)in the heading, omit “Internally-generated”.

(6)In section 885 (certain other internally-generated assets: time of creation)—

(a)in subsection (1)(b), omit “internally-generated”,

(b)in subsection (7), for the words from “before” to the end substitute

(a)before (and not on or after) 1 April 2002 in a case in which the asset in question was held at any time before that date by the company or a related party, and

(b)on or after 1 April 2002 in any other case., and

(c)in the heading, for “Certain other internally-generated assets” substitute Assets representing non-qualifying expenditure.

(7)The amendments made by this section have effect in relation to accounting periods beginning on or after 22 April 2009 (and, in relation to those accounting periods, are to be treated as always having had effect).

(8)For the purposes of subsection (7) an accounting period beginning before, and ending on or after, 22 April 2009 is to be treated as if so much of the period as falls before that date, and so much of the period as falls on or after that date, were separate accounting periods.

71Taxable benefit of living accommodation: lease premiumsE+W+S+N.I.

(1)Chapter 5 of Part 3 of ITEPA 2003 (taxable benefits: living accommodation) is amended as follows.

(2)In section 105 (cash equivalent: cost of accommodation not over £75,000)—

(a)in subsection (3), after “is” insert “ (subject to subsections (4) and (4A)) ”, and

(b)for subsection (4) substitute—

(4)Subsection (4A) applies where—

(a)a rental amount is payable by the person (“P”) at whose cost the accommodation is provided in respect of the whole or part of the taxable period (“the relevant period”), and

(b)the amount so payable is payable at an annual rate greater than the annual value.

(4A)Where this subsection applies—

(a)subsection (3) does not apply to the relevant period, and

(b)instead the “rental value of the accommodation” for the relevant period is the rental amount payable by P in respect of the relevant period.

(4B)A reference in subsection (4) or (4A) to a rental amount payable by P in respect of the relevant period is to the sum of—

(a)any rent for the period payable by P, and

(b)any amount attributed to the period in respect of a lease premium (see sections 105A and 105B).

(3)After that section insert—

105ALease premiums

(1)For the purposes of section 105(4B)(b) an amount is attributed to the relevant period “in respect of a lease premium” if—

(a)the property consists of premises, or a part of premises, that are subject to a lease,

(b)the premises are not mainly used by P for a purpose other than the provision of living accommodation to which this Chapter applies,

(c)the lease is for a term of 10 years or less, and

(d)the net amount payable by P in relation to the lease by way of lease premium is greater than zero.

(2)The amount so attributed is—

where—

A is the relevant period (in days),

B is the term of the lease (in days), and

C is the net amount payable by P in relation to the lease by way of lease premium.

(3)For provision about the application of this section in relation to certain leases with break clauses, see section 105B.

(4)For the purposes of this section the net amount payable by P in relation to a lease by way of lease premium is—

(a)the total amount (if any) that has been paid, or is or will become payable, by P in relation to the lease by way of lease premium, less

(b)any amount within paragraph (a) that has been repaid or is or will become repayable.

(5)In this section and section 105B “lease premium” means any premium payable—

(a)under a lease, or

(b)otherwise under the terms on which a lease is granted.

(6)In the application of this section to Scotland “premium” includes a grassum.

105BLease premiums in the case of leases with break clauses

(1)This section applies to a lease (“the original lease”) that contains one or more relevant break clauses.

(2)For the purposes of this section—

(a)break clause” means a provision of a lease that gives a person a right to terminate it so that its term is shorter than it otherwise would be, and

(b)a break clause contained in the original lease is “relevant” if the right to terminate the lease that it confers is capable of being exercised in such a way that the term of the original lease is 10 years or less.

(3)For the purposes of section 105A—

(a)the term of the original lease, and

(b)the net amount payable by P in relation to the lease by way of lease premium,

are to be determined on the assumption that any relevant break clause is exercised in such a way that the term of the lease is as short as possible.

(4)If a relevant break clause is not in fact exercised in such a way that the term of the original lease is as short as possible, the parties to the lease are treated for the purposes of section 105A as if they were parties to another lease (a “notional lease”) the term of which—

(a)begins immediately after the time at which the term of the original lease would have ended, if that break clause had been so exercised, and

(b)ends at the time mentioned in subsection (5).

(5)The term of a notional lease ends—

(a)at the time the term of the original lease would end, on the assumption that any relevant break clause that is exercisable only after the beginning of the term of the notional lease is exercised in such a way that the term of the original lease is as short as possible, or

(b)if earlier, the tenth anniversary of the beginning of the term of the original lease.

(6)For the purposes of section 105A the net amount payable by P in relation to a notional lease by way of lease premium is, in the case of a notional lease the term of which ends under paragraph (a) of subsection (5)—

(a)the net amount that would be payable by P in relation to the original lease by way of lease premium on the assumption mentioned in that paragraph, less

(b)any part of that amount that has already been attributed to a period in respect of a lease premium under section 105(4B)(b).

(7)For the purposes of section 105A the net amount payable by P in relation to a notional lease by way of lease premium is, in the case of a notional lease the term of which ends under paragraph (b) of subsection (5), the relevant proportion of—

(a)the net amount that would be payable by P in relation to the original lease by way of lease premium, on the assumption that no break clause is exercised, less

(b)any part of that amount that has already been attributed to a period in respect of a lease premium under section 105(4B)(b).

(8)In subsection (7) “the relevant proportion” means—

where—

D is the term of the notional lease (in days), and

E is the sum of—

  • (a) the term of the notional lease (in days), and

  • (b) the number of days by which the term of the original lease would exceed 10 years, on the assumption that no break clause is exercised.

(4)The amendments made by this section have effect in relation to—

(a)any lease entered into on or after 22 April 2009, and

(b)subject to subsection (5), any lease entered into before that date the term of which is extended on or after that date.

(5)In relation to a lease of the kind mentioned in subsection (4)(b) the amendments made by this section have effect—

(a)as if the additional term of the lease created by the extension were the whole of the term of the lease, and

(b)ignoring any lease premium payable in respect of the unextended term of the lease.

(6)In this section “lease premium” has the same meaning as in sections 105A and 105B of ITEPA 2003.

Part 3 E+W+S+N.I.Pensions

72Special annual allowance charge etcE+W+S+N.I.

Schedule 35 contains provision for and in connection with a special annual allowance charge in respect of pension schemes.

73Financial assistance schemeE+W+S+N.I.

(1)The Treasury may by regulations make provision for and in connection with—

(a)the application of the relevant taxes in relation to the financial assistance scheme, and

(b)the application of the relevant taxes in relation to any person in connection with the financial assistance scheme.

(2)The financial assistance scheme” means the scheme provided for by regulations under section 286 of the Pensions Act 2004.

(3)The provision that may be made by regulations under this section includes provision imposing any of the relevant taxes (as well as provisions for exemptions or reliefs).

(4)The relevant taxes are—

(a)income tax,

(b)capital gains tax,

(c)corporation tax,

(d)inheritance tax,

(e)value added tax,

(f)stamp duty land tax,

(g)stamp duty, and

(h)stamp duty reserve tax.

(5)Regulations under this section may, in particular, include provision for and in connection with the taxation of payments made by virtue of regulations under section 286 of the Pensions Act 2004.

(6)The exemptions and reliefs that may be given by regulations under this section include, in particular, exemption from charges to income tax, corporation tax or capital gains tax in respect of—

(a)income arising from any assets held or managed by, or receipts of, the person who manages the financial assistance scheme (“the scheme manager”) and any chargeable gains arising from the disposal of any such assets, and

(b)the receipt of fraud compensation payments (within the meaning of Part 2 of the Pensions Act 2004: see section 182(1) of that Act).

(7)Regulations under this section may include provision having effect in relation to any time before they are made if the provision does not increase any person's liability to tax.

(8)The provision made by regulations under this section may be framed as provision applying with appropriate modifications provisions having effect in relation to registered pension schemes; and for this purpose “registered pension scheme” means a pension scheme within the meaning of Part 4 of FA 2004 which is registered under Chapter 2 of that Part of that Act.

(9)Regulations under this section may include—

(a)provision amending any enactment or instrument, and

(b)consequential, supplementary and transitional provision.

(10)Regulations under this section are to be made by statutory instrument.

(11)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.

74FSCS intervention in relation to insurance in connection with pensionsE+W+S+N.I.

(1)The Treasury may by regulations make provision for and in connection with the application of the relevant taxes in relation to circumstances in which there is relevant intervention under the FSCS.

(2)Relevant intervention” means—

(a)anything done under, or while seeking to make, arrangements for securing continuity of insurance in connection with registered pension schemes,

(b)anything done as part of measures for safeguarding policyholders in connection with registered pension schemes, or

(c)the payment of compensation in connection with registered pension schemes.

(3)The FSCS” means the Financial Services Compensation Scheme (established under Part 15 of FISMA 2000).

(4)The provision that may be made by regulations under this section includes provision imposing any of the relevant taxes (as well as provisions for exemptions or reliefs).

(5)The relevant taxes are—

(a)income tax,

(b)capital gains tax,

(c)corporation tax,

(d)inheritance tax,

(e)stamp duty land tax,

(f)stamp duty, and

(g)stamp duty reserve tax.

(6)Regulations under this section may include provision having effect in relation to any time before they are made if the provision does not increase any person's liability to tax.

(7)The provision made by regulations under this section may be framed as provision modifying, or applying with appropriate modifications, provisions having effect in relation to registered pension schemes.

(8)Regulations under this section may include—

(a)provision amending any enactment or instrument, and

(b)consequential, supplementary and transitional provision.

(9)Regulations under this section are to be made by statutory instrument.

(10)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.

(11)In this section “registered pension scheme” means a pension scheme within the meaning of Part 4 of FA 2004 which is registered under Chapter 2 of that Part of that Act.

75Power to make retrospective non-charging provisionE+W+S+N.I.

(1)In section 282 of FA 2004 (orders and regulations under Part 4), insert at the beginning—

(A1)Any order or regulations made by the Treasury or the Commissioners for Her Majesty's Revenue and Customs under this Part may include provision having effect in relation to times before the order is, or regulations are, made if that provision does not increase any person's liability to tax.

(A2)Subsection (A1) does not limit any specific power to make provision by an order or regulations in relation to times before the order is, or regulations are, made.

(2)In consequence of the amendment made by subsection (1), omit the following provisions of Part 4 of FA 2004—

(a)section 164(2)(d),

(b)section 281(4),

(c)section 283(3C),

(d)in Schedule 28, paragraphs 3(2CA) and 17(4A), and

(e)in Schedule 29A, paragraph 9(2).

(3)In consequence of subsection (2), omit—

(a)in FA 2006, in Schedule 23, paragraph 34(4), and

(b)in FA 2008, in Schedule 29, paragraph 2.

Part 4 E+W+S+N.I.Value added tax

76Place of supply of services etcE+W+S+N.I.

Schedule 36 contains provisions about the place of supply of services for the purposes of value added tax and related matters.

77Repayment to those in business in other StatesE+W+S+N.I.

(1)VATA 1994 is amended as follows.

(2)In subsection (3) of section 39 (repayment of VAT to those in business overseas)—

(a)in the words before paragraph (a), after “such cases” insert “ and to such extent ”,

(b)in sub-paragraph (ii) of paragraph (b), after “Act” insert “ in respect of such period as may be prescribed ” and omit the “and” at the end,

(c)after that paragraph insert—

(ba)for and in connection with the payment of interest to or by the Commissioners (including in relation to the repayment of interest wrongly paid), and, and

(d)in paragraph (c), for “methods by which” substitute “ time by which and manner in which claims must be made, ”.

(3)After that section insert—

39AApplications for forwarding of VAT repayment claims to other member States

The Commissioners must make arrangements for dealing with applications made to the Commissioners by taxable persons, in accordance with Council Directive 2008/9/EC, for the forwarding to the tax authorities of another member State of claims for refunds of VAT on—

(a)supplies to them in that member State, or

(b)the importation of goods by them into that member State from places outside the member States.

(4)In section 83(1) (appeals), after paragraph (h) insert—

(ha)any decision of the Commissioners to refuse to make a repayment under a scheme under section 39;.

78Information relating to cross-border supplies of services to taxable recipientsE+W+S+N.I.

(1)Paragraph 2 of Schedule 11 to VATA 1994 (accounting for VAT and submission of particulars of transactions etc) is amended as follows.

(2)In sub-paragraph (3), for “which involve the movement of goods between member States” substitute “ to which this sub-paragraph applies ”.

(3)After that paragraph insert—

(3ZA)Sub-paragraph (3) above applies to—

(a)transactions involving the movement of goods between member States, and

(b)transactions involving the supply of services to a person in a member State other than the United Kingdom who is required to pay VAT on the supply in accordance with provisions of the law of that other member State giving effect to Article 196 of Council Directive 2006/112/EC.

79Effect of VAT changes on arbitration of rent for agricultural holdingsE+W+S+N.I.

(1)In paragraph 4(2) of Schedule 2 to the Agricultural Holdings Act 1986 (frequency of arbitrations of rent: changes in rent to be disregarded), insert at the end—

(d)an increase or reduction of rent arising from—

(i)the exercise of an option to tax under Schedule 10 to the Value Added Tax Act 1994,

(ii)the revocation of such an option, or

(iii)a change in the rate of value added tax applicable to grants of interests in or rights over land in respect of which such an option has effect.

(2)Paragraph 4(2)(d) of Schedule 2 to that Act (as inserted by subsection (1)) includes an increase or reduction of rent arising from an option, revocation or change in rate that takes effect before the day on which this Act is passed.

(3)The references in that provision and in subsection (2) to an option to tax, or to the exercise or revocation of such an option, under Schedule 10 to VATA 1994 include a reference to an election to waive exemption, or to the making or revocation of such an election, under that Schedule (as it had effect before 1 June 2008).

Part 5 E+W+S+N.I.Stamp taxes

Stamp duty land taxE+W+S+N.I.

80Exercise of collective rights by tenants of flatsE+W+S+N.I.

(1)Section 74 of FA 2003 (collective enfranchisement by leaseholders) is amended as follows.

(2)For subsection (1) substitute—

(1)This section applies where a chargeable transaction is entered into by a person or persons nominated or appointed by qualifying tenants of flats contained in premises in exercise of—

(a)a right under Part 1 of the Landlord and Tenant Act 1987 (right of first refusal), or

(b)a right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (right to collective enfranchisement).

(3)In subsection (2)—

(a)omit “In that case,”, and

(b)for “flats in respect of which the right of collective enfranchisement is being exercised” substitute “ qualifying flats contained in the premises ”.

(4)For subsection (4) substitute—

(4)In this section—

  • flat” and “qualifying tenant” have the same meaning as in the Chapter or Part of the Act conferring the right being exercised;

  • qualifying flat” means a flat that is held by a qualifying tenant who is participating in the exercise of the right.

(5)For the heading substitute “Exercise of collective rights by tenants of flats”.

(6)Accordingly, in section 55(5) of that Act (amount of tax chargeable), for “collective enfranchisement by leaseholders” substitute “ exercise of collective rights by tenants of flats ”.

(7)The amendments made by this section have effect in relation to transactions with an effective date on or after 22 April 2009.

81Registered providers of social housingE+W+S+N.I.

(1)Part 4 of FA 2003 (stamp duty land tax) is amended as follows.

(2)Section 71 (certain acquisitions by registered social landlord) is amended as follows.

(3)Insert at the beginning—

(A1)A land transaction under which the purchaser is a profit-making registered provider of social housing is exempt from charge if the transaction is funded with the assistance of a public subsidy.

(4)In subsection (4), for “subsection (1)(c)” substitute “ this section ”.

(5)Schedule 9 (right to buy etc) is amended as follows.

(6)In paragraph 5 (shared ownership leases: “qualifying body” etc)—

(a)in sub-paragraph (2), insert at the end—

(g)a registered provider of social housing that is not within paragraph (b) (subject to sub-paragraph (2A))., and

(b)after that sub-paragraph insert—

(2A)A registered provider of social housing within sub-paragraph (2)(g) (“R”) is only a qualifying body in relation to a lease of premises if the following has been funded with the assistance of a grant or other financial assistance under section 19 of the Housing and Regeneration Act 2008—

(a)the purchase or construction of the premises by R (or a person connected with R), or

(b)the adaptation of the premises by R (or a person connected with R) for use as a dwelling.

(2B)Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of sub-paragraph (2A).

(7)In paragraph 7 (shared ownership trusts: introduction)—

(a)in sub-paragraph (3), omit “(within the meaning of paragraph 5(2))”, and

(b)insert at the end—

(7)In Condition 2 “qualifying body” means—

(a)a qualifying body within the meaning of paragraph 5(2)(a) to (f), or

(b)a registered provider of social housing within paragraph 5(2)(g) (subject to sub-paragraph (8)).

(8)A registered provider of social housing within paragraph 5(2)(g) (“R”) is only a qualifying body in relation to a shared ownership trust if the following has been or is being funded with the assistance of a grant or other financial assistance under section 19 of the Housing and Regeneration Act 2008—

(a)the purchase or construction of the trust property by R (or a person connected with R), or

(b)the adaptation of the trust property by R (or a person connected with R) for use as a dwelling.

(9)Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of sub-paragraph (8).

(8)The amendments made by this section have effect in relation to transactions with an effective date on or after the day on which this Act is passed.

82Rent to shared ownershipE+W+S+N.I.

(1)In Schedule 9 to FA 2003 (stamp duty land tax: right to buy etc), insert at the end—

Rent to shared ownership lease: charge to tax

13(1)The chargeable consideration for transactions forming part of a rent to shared ownership lease scheme is determined in accordance with this paragraph.

(2)A “rent to shared ownership lease scheme” means a scheme or arrangement under which a qualifying body—

(a)grants an assured shorthold tenancy of a dwelling to a person (“the tenant”) or persons (“the tenants”), and

(b)subsequently grants a shared ownership lease of the dwelling or another dwelling to the tenant or one or more of the tenants.

(3)The following transactions are to be treated as if they were not linked to each other—

(a)the grant of the assured shorthold tenancy,

(b)the grant of the shared ownership lease, and

(c)any other land transaction between the qualifying body and the tenant, or any of the tenants, entered into as part of the scheme.

(4)For the purpose of determining the effective date of the grant of the shared ownership lease, the possession of the dwelling by the tenant or tenants pursuant to the assured shorthold tenancy is to be disregarded.

(5)In this paragraph—

  • assured shorthold tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

  • qualifying body” has the same meaning as in paragraph 5;

  • shared ownership lease” has the same meaning as in paragraph 4A.

Rent to shared ownership trust: charge to tax

14(1)The chargeable consideration for transactions forming part of a rent to shared ownership trust scheme is determined in accordance with this paragraph.

(2)A “rent to shared ownership trust scheme” means a scheme or arrangement under which—

(a)a qualifying body grants an assured shorthold tenancy of a dwelling to a person (“the tenant”) or persons (“the tenants”), and

(b)the tenant, or one or more of tenants, subsequently becomes the purchaser under a shared ownership trust of the dwelling, or another dwelling, under which the qualifying body is the social landlord.

(3)The following transactions are to be treated as if they were not linked to each other—

(a)the grant of the assured shorthold tenancy,

(b)the declaration of the shared ownership trust, and

(c)any other land transaction between the qualifying body and the tenant, or any of the tenants, entered into as part of the scheme.

(4)For the purpose of determining the effective date of the declaration of the shared ownership trust, the possession of the dwelling by the tenant or tenants pursuant to the assured shorthold tenancy is to be disregarded.

(5)In this paragraph—

  • assured shorthold tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

  • qualifying body” has the same meaning as in paragraph 5;

  • “social landlord” and “purchaser”, in relation to a shared ownership trust, have the same meaning as in paragraph 7.

(2)The amendment made by subsection (1) has effect in relation to cases in which the effective date of the grant of the shared ownership lease or the declaration of the shared ownership trust is on or after 22 April 2009.

(3)Paragraphs 13(4) and 14(4) of Schedule 9 to FA 2003 (inserted by this section) have effect for the purposes of subsection (2).

Stock lending arrangementsE+W+S+N.I.

83Stamp taxes in event of insolvencyE+W+S+N.I.

(1)Schedule 37 contains provision amending Part 3 (stamp duty) and Part 4 (stamp duty reserve tax) of FA 1986 in respect of repurchase and stock lending arrangements in the event of the insolvency of one of the parties.

(2)The amendments made by that Schedule have effect where the insolvency in question occurs on or after 1 September 2008.

(3)This section and that Schedule cease to have effect—

(a)in relation to the amendments made to Part 3 of FA 1986, when the repeal of sections 80 to 85 of that Act (by Part 6 of Schedule 19 to, and in accordance with sections 107 to 109 of, FA 1990) comes into force, and

(b)in relation to the amendment made to Part 4 of FA 1986, when the repeal of that Part (by Part 7 of Schedule 19 to, and in accordance with section 110 of, FA 1990) comes into force.

Annotations:

Modifications etc. (not altering text)

C1S. 83 ceases to have effect in accordance with s. 83(3)

Part 6 E+W+S+N.I.Oil

84Capital allowances for oil decommissioning expenditureE+W+S+N.I.

Schedule 38 contains provision about capital allowances for oil decommissioning expenditure.

85Blended oilE+W+S+N.I.

Schedule 39 contains provision about the treatment of blended oil for the purposes of petroleum revenue tax.

86Chargeable gainsE+W+S+N.I.

Schedule 40 contains provision about chargeable gains in oil trades.

87Oil assets put to other usesE+W+S+N.I.

Schedule 41 contains provision about oil production assets put to certain other uses.

88Former licensees and former oil fieldsE+W+S+N.I.

Schedule 42 contains provision about the treatment of certain former licensees and former oil fields for the purposes of petroleum revenue tax.

89Abolition of provisional expenditure allowanceE+W+S+N.I.

Schedule 43 contains provision abolishing provisional expenditure allowance.

90Supplementary charge: reduction for certain new oil fieldsE+W+S+N.I.

(1)Schedule 44 contains provision for the reduction of the supplementary charge under section 501A of ICTA on companies that are, or have been, licensees in new oil fields.

(2)In section 501A of ICTA, after subsection (11) insert—

(12)This section is subject to Schedule 44 to the Finance Act 2009.

(3)This section and Schedule 44 have effect in relation to accounting periods ending on or after 22 April 2009.

91Miscellaneous amendmentsE+W+S+N.I.

Schedule 45 contains miscellaneous amendments relating to oil taxation.

Part 7 E+W+S+N.I.Administration

Standards and valuesE+W+S+N.I.

92HMRC CharterE+W+S+N.I.

(1)In CRCA 2005, after section 16 insert—

16ACharter of standards and values

(1)The Commissioners must prepare a Charter.

(2)The Charter must include standards of behaviour and values to which Her Majesty's Revenue and Customs will aspire when dealing with people in the exercise of their functions.

(3)The Commissioners must—

(a)regularly review the Charter, and

(b)publish revisions, or revised versions, of it when they consider it appropriate to do so.

(4)The Commissioners must, at least once every year, make a report reviewing the extent to which Her Majesty's Revenue and Customs have demonstrated the standards of behaviour and values included in the Charter.

(2)The duty imposed by section 16A(1) of CRCA 2005 must be complied with before the end of 2009.

93Duties of senior accounting officers of qualifying companiesE+W+S+N.I.

(1)Schedule 46 contains provision about the duties of senior accounting officers of qualifying companies.

(2)That Schedule has effect in relation to financial years (within the meaning of the Companies Act 2006) beginning on or after the day on which this Act is passed.

94Publishing details of deliberate tax defaultersE+W+S+N.I.

(1)The Commissioners may publish information about any person if—

(a)in consequence of an investigation conducted by the Commissioners, one or more relevant tax penalties is found to have been incurred by the person, and

(b)the potential lost revenue in relation to the penalty (or the aggregate of the potential lost revenue in relation to each of the penalties) exceeds £25,000.

(2)A “relevant tax penalty” is—

(a)a penalty under paragraph 1 of Schedule 24 to FA 2007 (inaccuracy in taxpayer's document) in respect of a deliberate inaccuracy on the part of the person,

(b)a penalty under paragraph 1A of that Schedule (inaccuracy in taxpayer's document attributable to deliberate supply of false information or deliberate withholding of information by person),

(c)a penalty under paragraph 1 of Schedule 41 to FA 2008 (failure to notify) in respect of a deliberate failure on the part of the person, or

(d)a penalty under paragraph 2 (unauthorised VAT invoice), 3 (putting product to use attracting higher duty etc) or 4 (handling goods subject to unpaid excise duty) of that Schedule in respect of deliberate action by the person.

(3)Potential lost revenue”, in relation to a penalty, has the meaning given by—

(a)paragraphs 5 to 8 of Schedule 24 to FA 2007, or

(b)paragraphs 7 to 11 of Schedule 41 to FA 2008,

in relation to the inaccuracy, failure or action to which the penalty relates.

(4)The information that may be published is—

(a)the person's name (including any trading name, previous name or pseudonym),

(b)the person's address (or registered office),

(c)the nature of any business carried on by the person,

(d)the amount of the penalty or penalties and the potential lost revenue in relation to the penalty (or the aggregate of the potential lost revenue in relation to each of the penalties),

(e)the periods or times to which the inaccuracy, failure or action giving rise to the penalty (or any of the penalties) relates, and

(f)any such other information as the Commissioners consider it appropriate to publish in order to make clear the person's identity.

(5)The information may be published in any manner that the Commissioners consider appropriate.

(6)Before publishing any information the Commissioners must—

(a)inform the person that they are considering doing so, and

(b)afford the person reasonable opportunity to make representations about whether it should be published.

(7)No information may be published before the day when the penalty becomes final (or the latest day when any of the penalties becomes final).

(8)No information may be published for the first time after the end of the period of one year beginning with that day (or that latest day).

(9)No information may be published (or continue to be published) after the end of the period of one year beginning with the day on which it is first published.

(10)No information may be published if the amount of the penalty is reduced under—

(a)paragraph 10 of Schedule 24 to FA 2007, or

(b)paragraph 13 of Schedule 41 to FA 2008,

(reductions for disclosure) to the full extent permitted.

(11)For the purposes of this section a penalty becomes final—

(a)if it has been assessed, when the time for any appeal or further appeal relating to it expires or, if later, any appeal or final appeal relating to it is finally determined, or

(b)if a contract is made between the Commissioners and the person under which the Commissioners undertake not to assess the penalty or (if it has been assessed) not to take proceedings to recover it, at the time when the contract is made.

(12)The Treasury may by order vary the amount for the time being specified in subsection (1).

(13)This section comes into force on a day appointed by order made by the Treasury.

(14)Orders under this section are to be made by statutory instrument.

(15)A statutory instrument containing an order under subsection (12) is subject to annulment in pursuance of a resolution of the House of Commons.

(16)In this section “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs.

Information etcE+W+S+N.I.

95Amendment of information and inspection powersE+W+S+N.I.

(1)Schedule 47 contains amendments of Schedule 36 to FA 2008 (information and inspection powers).

(2)The Treasury may by order make any incidental, supplemental, consequential, transitional or transitory provision or saving which appears appropriate in consequence of, or otherwise in connection with, Schedule 36 to FA 2008 or Schedule 47.

(3)An order under this section may—

(a)make different provision for different purposes, and

(b)make provision amending, repealing or revoking an enactment or instrument (whenever passed or made).

(4)An order under this section is to be made by statutory instrument.

(5)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the House of Commons.

96Extension of information and inspection powers to further taxesE+W+S+N.I.

(1)In paragraph 63(1) of Schedule 36 to FA 2008 (information and inspection powers: meaning of “tax”), for paragraph (e) (and the “and” before it) substitute—

(e)insurance premium tax,

(f)inheritance tax,

(g)stamp duty land tax,

(h)stamp duty reserve tax,

(i)petroleum revenue tax,

(j)aggregates levy,

(k)climate change levy,

(l)landfill tax, and

(m)relevant foreign tax,.

(2)Schedule 48 contains further amendments of that Schedule.

(3)The amendments made by this section and Schedule 48 come into force on such day as the Treasury may by order appoint.

(4)An order under subsection (3) may—

(a)appoint different days for different purposes, and

(b)contain transitional provision and savings.

(5)The Treasury may by order make any incidental, supplemental, consequential, transitional or transitory provision or saving which appears appropriate in consequence of, or otherwise in connection with, this section and Schedule 48.

(6)An order under subsection (5) may—

(a)make different provision for different purposes, and

(b)make provision amending, repealing or revoking an enactment or instrument (whenever passed or made).

(7)An order under this section is to be made by statutory instrument.

(8)A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of the House of Commons.

97Powers to obtain contact details for debtorsE+W+S+N.I.

Schedule 49 contains provision about the powers of officers of Revenue and Customs to obtain contact details of debtors.

98Record-keepingE+W+S+N.I.

(1)Schedule 50 contains provision about obligations to keep records.

(2)The amendments made by that Schedule come into force on such day as the Treasury may by order made by statutory instrument appoint.

Assessments, claims etcE+W+S+N.I.

99Time limits for assessments, claims etcE+W+S+N.I.

(1)Schedule 51 contains provision about time limits for assessments, claims etc.

(2)The amendments made by that Schedule come into force on such day as the Treasury may by order made by statutory instrument appoint.

(3)An order under subsection (2)—

(a)may make different provision for different purposes, and

(b)may include transitional provision and savings.

100Recovery of overpaid tax etcE+W+S+N.I.

(1)Schedule 52 contains provision for and in connection with the recovery of overpaid income tax, capital gains tax and corporation tax.

(2)The amendments made by that Schedule have effect in relation to claims made on or after 1 April 2010.

(3)The Treasury may by order make any incidental, supplemental, consequential, transitional or transitory provision or saving which appears appropriate in consequence of, or otherwise in connection with, that Schedule.

(4)An order under this section may—

(a)make different provision for different purposes, and

(b)make provision modifying an enactment or instrument (whenever passed or made).

(5)Modifying” includes amending, repealing or revoking.

(6)An order under this section is to be made by statutory instrument.

(7)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the House of Commons.

InterestE+W+S+N.I.

Prospective

101Late payment interest on sums due to HMRCE+W+S+N.I.

(1)This section applies to any amount that is payable by a person to HMRC under or by virtue of an enactment.

(2)But this section does not apply to—

(a)an amount of corporation tax,

(b)an amount of petroleum revenue tax, or

(c)an amount of any description specified in an order made by the Treasury.

(3)An amount to which this section applies carries interest at the late payment interest rate from the late payment interest start date until the date of payment.

(4)The late payment interest start date in respect of any amount is the date on which that amount becomes due and payable.

(5)In Schedule 53—

(a)Part 1 makes special provision as to the amount on which late payment interest is calculated,

(b)Part 2 makes special provision as to the late payment interest start date,

(c)Part 3 makes special provision as to the date to which late payment interest runs, and

(d)Part 4 makes provision about the effect that the giving of a relief has on late payment interest.

(6)Subsection (3) applies even if the late payment interest start date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.

(7)Late payment interest is to be paid without any deduction of income tax.

(8)Late payment interest is not payable on late payment interest.

(9)For the purposes of this section any reference to the payment of an amount to HMRC includes a reference to its being set off against an amount payable by HMRC (and, accordingly, the reference to the date on which an amount is paid includes a reference to the date from which the set-off takes effect).

Prospective

102Repayment interest on sums to be paid by HMRCE+W+S+N.I.

(1)This section applies to—

(a)any amount that is payable by HMRC to any person under or by virtue of an enactment, and

(b)a relevant amount paid by a person to HMRC that is repaid by HMRC to that person or to another person.

(2)But this section does not apply to—

(a)an amount constituting a repayment of corporation tax,

(b)an amount constituting a repayment of petroleum revenue tax, or

(c)an amount of any description specified in an order made by the Treasury.

(3)An amount to which this section applies carries interest at the repayment interest rate from the repayment interest start date until the date on which the payment or repayment is made.

(4)In Schedule 54—

(a)Parts 1 and 2 define the repayment interest start date, and

(b)Part 3 makes supplementary provision.

(5)Subsection (3) applies even if the repayment interest start date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.

(6)Repayment interest is not payable on an amount payable in consequence of an order or judgment of a court having power to allow interest on the amount.

(7)Repayment interest is not payable on repayment interest.

(8)For the purposes of this section—

(a)relevant amount” means any sum that was paid in connection with any liability (including any purported or anticipated liability) to make a payment to HMRC under or by virtue of an enactment, and

(b)any reference to the payment or repayment of an amount by HMRC includes a reference to its being set off against an amount owed to HMRC (and, accordingly, the reference to the date on which an amount is paid or repaid by HMRC includes a reference to the date from which the set-off takes effect).

Prospective

103Rates of interestE+W+S+N.I.

(1)The late payment interest rate is the rate provided for in regulations made by the Treasury under this subsection.

(2)The repayment interest rate is the rate provided for in regulations made by the Treasury under this subsection.

(3)Regulations under subsection (1) or (2)—

(a)may make different provision for different purposes,

(b)may either themselves specify a rate of interest or make provision for such a rate to be determined (and to change from time to time) by reference to such rate, or the average of such rates, as may be referred to in the regulations,

(c)may provide for rates to be reduced below, or increased above, what they otherwise would be by specified amounts or by reference to specified formulae,

(d)may provide for rates arrived at by reference to averages to be rounded up or down,

(e)may provide for circumstances in which alteration of a rate of interest is or is not to be take place, and

(f)may provide that alterations of rates are to have effect for periods beginning on or after a day determined in accordance with the regulations in relation to interest running from before that day as well as from or from after that day.

104SupplementaryE+W+S+N.I.

(1)In sections 101 to 103—

  • HMRC” means Her Majesty's Revenue and Customs;

  • late payment interest” means interest payable under section 101;

  • repayment interest” means interest payable under section 102;

  • revenue” has the meaning given in section 5(4) of CRCA 2005.

(2)A reference to the date on which an amount becomes due and payable is a reference to the date (however described) on or before which the amount must be paid.

(3)Sections 101 to 103 come into force on such day as the Treasury may by order appoint.

(4)An order under subsection (3)—

(a)may commence a provision generally or only for specified purposes, and

(b)may appoint different days for different provisions or for different purposes.

(5)The Treasury may by order make any incidental, supplemental, consequential, transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, those sections.

(6)An order under subsection (5) may include provision amending, repealing or revoking any provision of any Act or subordinate legislation whenever passed or made (including this Act and any Act amended by it).

(7)An order under subsection (5) may make different provision for different purposes.

(8)The following are to be made by statutory instrument—

(a)orders under section 101(2) or 102(2),

(b)regulations under section 103(1) or (2), and

(c)orders under subsection (3) or (5).

(9)A statutory instrument containing—

(a)an order under section 101(2) or 102(2),

(b)regulations under section 103(1) or (2),

(c)an order under subsection (5) which includes provision amending or repealing any provision of an Act,

is subject to annulment in pursuance of a resolution of the House of Commons.

105Miscellaneous amendmentsE+W+S+N.I.

(1)Section 239 of ITA 2007 (date from which interest is chargeable when EIS relief is withdrawn or reduced) is amended as follows.

(2)In subsection (1)—

(a)for “in column 1 of the following table” substitute “ in subsection (2) ”,

(b)for “given by the corresponding entry in column 2 of the table” substitute “ 31 January next following the tax year for which the assessment is made ”, and

(c)omit the table.

(3)For subsection (2) substitute—

(2)The provisions are—

  • section 163,

  • section 164,

  • section 173A,

  • any of sections 181 to 188,

  • section 209,

  • section 212(1),

  • section 213,

  • section 224,

  • section 232, and

  • section 233.

(4)In the following provisions, for the words from “the same rate” to the end substitute “ the rate applicable under section 178 of the Finance Act 1989 ”

(a)section 48(1) of FA 1975 (interest on repayment of estate duty), and

(b)section 235(1) of IHTA 1984 (interest on overpaid inheritance tax).

(5)In section 178(2) of FA 1989 (setting of rates of interest)—

(a)after paragraph (g) insert—

(ga)section 48(1) of the Finance Act 1975,, and

(b)in paragraph (k), after “sections 233” insert “ , 235(1) ”.

(6)The following provisions (which require HMRC to make an order specifying the new rate of interest when that rate is changed by operation of regulations) are omitted—

(a)section 178(5) of FA 1989, and

(b)section 197(5) of FA 1996.

PenaltiesE+W+S+N.I.

106Penalties for failure to make returns etcE+W+S+N.I.

(1)Schedule 55 contains provision for imposing penalties on persons in respect of failures to make returns and other documents relating to liabilities for tax.

(2)That Schedule comes into force on such day as the Treasury may by order appoint.

(3)An order under subsection (2)—

(a)may commence a provision generally or only for specified purposes, and

(b)may appoint different days for different provisions or for different purposes.

(4)The Treasury may by order make any incidental, supplemental, consequential, transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, Schedule 55.

(5)An order under subsection (4) may include provision amending, repealing or revoking any provision of any Act or subordinate legislation whenever passed or made (including this Act and any Act amended by it).

(6)An order under subsection (4) may make different provision for different purposes.

(7)An order under this section is to be made by statutory instrument.

(8)A statutory instrument containing an order under subsection (4) which includes provision amending or repealing any provision of an Act is subject to annulment in pursuance of a resolution of the House of Commons.

107Penalties for failure to pay taxE+W+S+N.I.

(1)Schedule 56 contains provision for imposing penalties on persons in respect of failures to comply with obligations to pay tax.

(2)That Schedule comes into force on such day as the Treasury may by order appoint.

(3)An order under subsection (2)—

(a)may commence a provision generally or only for specified purposes, and

(b)may appoint different days for different provisions or for different purposes.

(4)The Treasury may by order make any incidental, supplemental, consequential, transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, Schedule 56.

(5)An order under subsection (4) may include provision amending, repealing or revoking any provision of any Act or subordinate legislation whenever passed or made (including this Act and any Act amended by it).

(6)An order under subsection (4) may make different provision for different purposes.

(7)An order under this section is to be made by statutory instrument.

(8)A statutory instrument containing an order under subsection (4) which includes provision amending or repealing any provision of an Act is subject to annulment in pursuance of a resolution of the House of Commons.

108Suspension of penalties during currency of agreement for deferred paymentE+W+S+N.I.

(1)This section applies if—

(a)a person (“P”) fails to pay an amount of tax falling within the Table in subsection (5) when it becomes due and payable,

(b)P makes a request to an officer of Revenue and Customs that payment of the amount of tax be deferred, and

(c)an officer of Revenue and Customs agrees that payment of that amount may be deferred for a period (“the deferral period”).

(2)P is not liable to a penalty for failing to pay the amount mentioned in subsection (1) if—

(a)the penalty falls within the Table, and

(b)P would (apart from this subsection) become liable to it between the date on which P makes the request and the end of the deferral period.

(3)But if—

(a)P breaks the agreement (see subsection (4)), and

(b)an officer of Revenue and Customs serves on P a notice specifying any penalty to which P would become liable apart from subsection (2),

P becomes liable, at the date of the notice, to that penalty.

(4)P breaks an agreement if—

(a)P fails to pay the amount of tax in question when the deferral period ends, or

(b)the deferral is subject to P complying with a condition (including a condition that part of the amount be paid during the deferral period) and P fails to comply with it.

(5)The taxes and penalties referred to in subsections (1) and (2) are—

TaxPenalty
Income tax or capital gains taxSurcharge under section 59C(2) or (3) of TMA 1970
Value added taxSurcharge under section 59(4) or 59A(4) of VATA 1994
Aggregates levyPenalty interest under paragraph 5 of Schedule 5 to FA 2001
Climate change levyPenalty interest under paragraph 82 of Schedule 6 to FA 2000
Landfill taxPenalty interest under paragraph 27(2) of Schedule 5 to FA 1996
Insurance premium taxPenalty under paragraph 15(2) or (3) of Schedule 7 to FA 1994 which is payable by virtue of paragraph 15(1)(a) of that Schedule.
Any duty of excisePenalty under section 9(2) or (3) of FA 1994 which is imposed for a failure to pay an amount of any duty of excise or an amount payable on account of any such duty.

(6)If the agreement mentioned in subsection (1)(c) is varied at any time by a further agreement between P and an officer of Revenue and Customs, this section applies from that time to the agreement as varied.

(7)The Treasury may by order amend the Table by adding or removing a tax or a penalty.

(8)An order under subsection (7) is to be made by statutory instrument.

(9)A statutory instrument containing an order under subsection (7) is subject to annulment in pursuance of a resolution of the House of Commons.

(10)In this section, except in the entries in the Table, “penalty” includes surcharge and penalty interest.

(11)This section has effect where the agreement mentioned in subsection (1)(c) is made on or after 24 November 2008.

109Miscellaneous amendmentsE+W+S+N.I.

Schedule 57 contains amendments of Schedule 24 to FA 2007 (penalties for errors), Schedule 41 to FA 2008 (penalties for failure to notify and certain other wrongdoing) and certain other enactments relating to penalties.

MiscellaneousE+W+S+N.I.

110Recovery of debts using PAYE regulationsE+W+S+N.I.

Schedule 58 contains provision about the recovery of debts by means of deductions from PAYE income in accordance with PAYE regulations.

111Managed payment plansE+W+S+N.I.

(1)This section applies where a person (“P”) has entered into a managed payment plan in respect of—

(a)an amount on account of income tax which is to become payable in accordance with section 59A(2) of TMA 1970,

(b)an amount of income tax or capital gains tax which is to become payable in accordance with section 59B of that Act, or

(c)an amount of corporation tax which is to become payable in accordance with section 59D of that Act.

(2)P enters into a managed payment plan in respect of an amount if—

(a)P agrees to pay, and an officer of Revenue and Customs agrees to accept payment of, the amount by way of instalments,

(b)the instalments to be paid before the due date are balanced by the instalments to be paid after it (see subsections (8) to (10)), and

(c)the agreement meets such other requirements as may be specified in regulations made by the Commissioners.

(3)But this section does not apply, in the case of an amount of corporation tax, where an arrangement under section 36 of FA 1998 (payment of tax by members of a group of companies) has been made in relation to the amount.

(4)If P pays all of the instalments in accordance with the plan, P is to be treated as having paid, on the due date, the total of those instalments.

(5)If P—

(a)pays one or more instalments in accordance with the plan, but

(b)fails to pay one or more later instalments in accordance with it,

P is to be treated as having paid, on the due date, the total of the instalments paid before the failure (but this is subject to subsection (6)).

(6)Where—

(a)subsection (5) applies in a case where the first failure to pay an instalment occurs before the due date, and

(b)P would (in the absence of a managed payment plan) be entitled to be paid interest on any amount paid before that date,

then, despite that subsection, P is entitled to be paid that interest.

(7)Where—

(a)subsection (5) applies,

(b)P makes one or more payments after the due date (whether or not in accordance with the plan), and

(c)an officer of Revenue and Customs gives P a notice specifying any or all of those payments,

P is not liable to a penalty or surcharge for failing to pay the amount of the specified payments on or before the due date.

(8)The instalments to be paid before the due date are balanced by those to be paid after it if the time value of the instalments to be paid before that date is equal, or approximately equal, to the time value of the instalments to be paid after it.

(9)The time value of the instalments to be paid before the due date is the total of the time value of each of the instalments to be paid before that date (and the time value of the instalments to be paid after that date is to be construed accordingly).

(10)The time value of an instalment is—

where—

A is the amount of the instalment, and

T is the number of days before, or after, the due date that the instalment is to be paid.

(11)The Commissioners may by regulations make provision for the purpose of determining when an amount is approximately equal to another amount.

(12)Regulations under this section may make different provision for different cases.

(13)In this section—

  • the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

  • the due date”, in relation to an amount mentioned in subsection (1), means the date on which it becomes payable.

(14)This section has effect where the due date falls after the day on which this Act is passed.

112Customs and excise enforcement: movements between member StatesE+W+S+N.I.

(1)Section 4 of F(No.2)A 1992 (cases in which customs and excise enforcement powers can be used in relation to movement of persons or things between member States) is amended as follows.

(2)In subsection (1), after “subsection” insert “ (1A) or ”.

(3)After that subsection insert—

(1A)The first case in which a power to which this section applies may be exercised as mentioned in subsection (1) above is where it is necessary to exercise the power in order to ascertain whether the movement in question is or is not in fact between different member States.

(4)In subsection (2), for the words from the beginning to “or that” substitute “ The second case in which a power to which this section applies may be exercised as mentioned in subsection (1) above is where ”.

Part 8 E+W+S+N.I.Miscellaneous

GamblingE+W+S+N.I.

113VAT exemption for gaming participation feesE+W+S+N.I.

(1)Group 4 of Schedule 9 to VATA 1994 (exemptions: betting, gaming and lotteries) is amended as follows.

(2)In Note (1), omit paragraph (b) (granting of right to play game of chance not exempted unless within Note (5)).

(3)Omit Notes (5) to (11).

(4)The Value Added Tax (Betting, Gaming and Lotteries) Order 2007 (S.I. 2007/2163) is revoked.

(5)Omit—

(a)in BGDA 1981, sections 19(3)(b) and 26E(2), and

(b)in FA 1997, section 11(9)(a).

(6)The amendments made by this section are treated as having come into force on 27 April 2009.

114Gaming dutyE+W+S+N.I.

(1)FA 1997 is amended as follows.

(2)Section 10 (gaming duty) is amended as follows.

(3)For subsection (2) substitute—

(2)Subject as follows, this section applies to—

(a)casino games, and

(b)equal chance gaming.

(4)In subsection (3)(e), after “Article” insert “ 77, ”.

(5)After subsection (3A) insert—

(3AA)This section does not apply to the playing of a game in respect of which bingo duty or lottery duty is chargeable or would be chargeable but for an express exception.

(6)In subsection (3C)(a), after “in” insert “ organising or ”.

(7)For subsection (4) substitute—

(4)This section does not apply—

(a)in Great Britain, to the playing of a game where the provision of facilities for its playing falls within section 269 of the Gambling Act 2005 (equal chance gaming at members' or commercial clubs and miners' welfare institutes), or

(b)in Northern Ireland, to the playing of a game to which Article 128 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (certain clubs) applies.

(8)In subsection (5), for “add to the games mentioned in subsection (2) above” substitute “ provide that any specified game is or is not to be a casino game or equal chance gaming for the purposes of this section ”.

(9)In subsection (6), for “this section, or in an order under subsection (5) above,” substitute “ an order under subsection (5) above ”.

(10)Section 14 (subordinate legislation) is amended as follows.

(11)In subsection (2), for “or 11(11) above” substitute “ providing that any game is to be a casino game or equal chance gaming or any order under section 11(11) ”.

(12)Insert at the end—

(4)A statutory instrument containing an order under section 10(5) that does not provide for any game to be a casino game or equal chance gaming is subject to annulment in pursuance of a resolution of the House of Commons.

(13)Section 15(3) (interpretation) is amended as follows.

(14)After the definition of “accounting period” insert—

casino games” means games of chance which are not equal chance gaming (but subject to any order under section 10(5));.

(15)After the definition of “dutiable gaming” insert—

“equal chance gaming”—

(a)in Great Britain, means gaming which does not involve playing or staking against a bank (however described, and whether or not controlled or administered by a player) and in which the chances are equally favourable to all participants, and

(b)in Northern Ireland, means gaming in respect of which none of the conditions specified in Article 55 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 is met,

(but subject to any order under section 10(5));.

(16)In consequence of the preceding provisions, omit—

(a)in FA 2002, section 11, and

(b)in FA 2007, in Schedule 25, paragraph 17(4).

(17)The amendments made by this section are to be treated as having come into force on 27 April 2009.

(18)But those amendments do not give rise to a duty under paragraph 6(3)(a) of Schedule 1 to FA 1997 (requirement to notify premises) before 25 May 2009.

115Remote bingo etcE+W+S+N.I.

(1)BGDA 1981 is amended as follows.

(2)In section 17 (bingo duty), after subsection (2) insert—

(2A)Bingo duty is not charged on the playing of bingo which is not licensed bingo if remote gaming duty is charged on the provision of facilities for playing it.

(3)In section 26H (remote gaming duty: exemptions), after subsection (2) insert—

(2A)Subsection (2) does not prevent remote gaming duty being charged in respect of the provision of facilities for the playing of bingo which is not licensed bingo (as to the meaning of which terms see section 20C).

(4)The amendments made by this section have effect in relation to games of bingo that begin to be played on or after 1 July 2009.

116Meaning of “gaming machine” and “gaming”E+W+S+N.I.

(1)BGDA 1981 is amended as follows.

(2)Section 25 (meaning of “amusement machine”) is amended as follows.

(3)For subsection (1A) substitute—

(1A)In this Act “gaming machine” means a machine which is designed or adapted for use by individuals for gambling (whether or not it can also be used for other purposes).

(1B)But a machine is not a gaming machine to the extent that—

(a)it is designed or adapted for use to bet on future real events,

(b)it is designed or adapted for the playing of bingo and bingo duty is, or but for paragraphs 1 to 5 of Schedule 3 would be, charged under section 17 on the playing of the bingo, or

(c)it is designed or adapted for the playing of a real game of chance and the playing of the game is dutiable gaming for the purposes of section 10 of the Finance Act 1997, or would be dutiable gaming but for subsections (3) and (4) of that section.

(4)In subsection (1C), for “constructed” substitute “ designed ”.

(5)Insert at the end—

(5)For the purposes of this section—

(a)a reference to gambling is to—

(i)gaming, or

(ii)betting,

(b)machine” has the same meaning as in the Gambling Act 2005 (see section 235(3)(a)),

(c)a reference to a machine being designed or adapted for a purpose includes a reference to a machine to which anything has been done as a result of which it can reasonably be expected to be used for that purpose,

(d)a reference to a machine being adapted includes a reference to computer software being installed on it,

(e)real” has the meaning given by section 353(1) of the Gambling Act 2005,

(f)game of chance” has the meaning given by section 6(2) of that Act, and

(g)bingo” includes any version of that game, whatever name it is called.

(6)The Treasury may by order amend this section.

(6)In section 33 (interpretation)—

(a)in subsection (1), in the definition of “gaming”, omit “within the meaning of Group 4 of Schedule 9 to the Value Added Tax Act 1994”, and

(b)after that subsection insert—

(1A)In the definition of “gaming” in subsection (1)—

(a)game of chance” has the meaning given by section 6(2) of the Gambling Act 2005,

(b)playing a game of chance” is to be read in accordance with section 6(3) of that Act, and

(c)prize” does not include the opportunity to play the game again.

Climate change levyE+W+S+N.I.

117Taxable commodities ineligible for reduced-rate supplyE+W+S+N.I.

(1)Schedule 6 to FA 2000 (climate change levy) is amended as follows.

(2)In paragraph 44 (reduced rate for supplies covered by climate change agreement), after sub-paragraph (2) insert—

(2A)The Secretary of State may—

(a)give a certificate that includes provision specifying one or more descriptions of taxable commodity as being ineligible for reduced-rate supply,

(b)vary a certificate so that it includes provision (or further provision) specifying one or more descriptions of taxable commodity as being ineligible for reduced-rate supply, or

(c)vary a certificate so that it ceases to include the provision (or some of the provision) specifying one or more descriptions of taxable commodity as being ineligible for reduced-rate supply.

(2B)A taxable supply of a taxable commodity to a facility is not a reduced-rate supply if, at the time of the supply, the commodity falls within a description that is specified (by virtue of sub-paragraph (2A)(a) or (b)) in the certificate relating to the facility.

(2C)The Secretary of State may only include provision in a certificate by virtue of sub-paragraph (2A)(a) or (b)—

(a)if the Treasury consents in writing to the specification before the specification is made, and

(b)if, and for as long as, the result is compatible with the common market by virtue of Commission Regulation (EC) No. 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty establishing the European Community (General block exemption Regulation) (O.J. 2008 No. L214/3).

(2D)In sub-paragraphs (2A) to (2C) “certificate” means such a certificate as is mentioned in sub-paragraph (1)(a).

(3)In consequence of subsection (2)—

(a)in paragraph 44(2), after “subject to” insert “ sub-paragraphs (2A) to (2D) and ”, and

(b)in paragraph 147 (general interpretation), in the definition of “reduced-rate supply”, after “subject to” insert “ paragraph 44(2A) to (2D) and ”.

118Removal of reduced rate where targets not metE+W+S+N.I.

(1)Schedule 59 contains provision for removing the reduced rate of climate change levy where the targets set by a climate change agreement have not been met.

(2)The amendments made by that Schedule have effect where the certification period begins on or after 1 April 2009.

Other environmental taxes and dutiesE+W+S+N.I.

119Landfill tax: prescribed landfill site activitiesE+W+S+N.I.

Schedule 60 contains provision about charging landfill tax on prescribed activities at landfill sites.

120Requirement to destroy replaced vehicle registration documentsE+W+S+N.I.

In section 22(1) of VERA 1994 (registration regulations), after paragraph (h) insert—

(ha)require the destruction of a registration document where a new registration document is issued in place of it,.

121Hydrocarbon oil duties: minor amendmentsE+W+S+N.I.

(1)HODA 1979 is amended as follows.

(2)In section 11(1) (rebate on heavy oil), omit “12”.

(3)In section 14D(2) (civil penalty for supplying biodiesel or bioblend intending that it will be put to prohibited use), for “intending” substitute “ having reason to believe ”.

(4)The amendment made by subsection (3) has effect in relation to supplies on or after the day on which this Act is passed.

Other mattersE+W+S+N.I.

122Inheritance tax: agricultural property and woodlands relief for EEA landE+W+S+N.I.

(1)Part 5 of IHTA 1984 (miscellaneous reliefs) is amended as follows.

(2)In section 115 (agricultural property relief: preliminary), in subsection (3), insert at the end “(or, in the case of property outside the United Kingdom, the Channel Islands and the Isle of Man, if it were subject to provisions equivalent in effect to such a covenant).”

(3)For subsection (5) of that section substitute—

(5)This Chapter applies to agricultural property only if it is in—

(a)the United Kingdom, the Channel Islands or the Isle of Man, or

(b)a state, other than the United Kingdom, which is an EEA state (within the meaning given by Schedule 1 to the Interpretation Act 1978) at the time of the transfer of value in question.

(4)In section 116 (agricultural property relief: the relief), insert at the end—

(8)In its application to property outside the United Kingdom, the Channel Islands and the Isle of Man, this section has effect as if any reference to a right or obligation under the law of any part of the United Kingdom were a reference to an equivalent right or obligation under the law governing dispositions of that property.

(5)In section 125 (woodlands relief), in paragraph (a) of subsection (1), omit “in the United Kingdom”.

(6)After that subsection insert—

(1A)But this section applies only if the land is in the United Kingdom or another state which is an EEA state (within the meaning given by Schedule 1 to the Interpretation Act 1978) at the time of the person's death.

(7)The amendments made by this section have effect in relation to transfers of value where the tax payable but for this section (or, in the case of tax payable by instalments, the last instalment of that tax)—

(a)would have been due on or after 22 April 2009, or

(b)was paid or due on or after 23 April 2003.

(8)Where tax falling within subsection (7) has been paid, Her Majesty's Revenue and Customs must repay the tax (together with interest under section 235(1) of IHTA 1984) if, but only if, a claim for repayment is made on or before—

(a)the date determined under section 241(1) of that Act as the last date on which the claim may be made, or

(b)21 April 2010,

whichever is later.

(9)Where, by virtue of the amendments made by subsections (5) and (6), an election is made under section 125 of IHTA 1984, that election must be made on or before—

(a)the date determined under section 125(3) as the last date on which the election may be made, or

(b)21 April 2010,

whichever is later.

123Alternative finance investment bondsE+W+S+N.I.

Schedule 61 contains provision about the taxation of chargeable gains, stamp duty land tax and capital allowances for and in connection with arrangements falling within section 48A of FA 2005 (alternative finance investment bonds).

124Mutual societies: tax consequences of transfers of business etcE+W+S+N.I.

(1)The Treasury may by regulations make provision for and in connection with—

(a)the tax consequences of a transfer of all or part of the business or engagements of a mutual society,

(b)the tax consequences of an amalgamation of mutual societies, and

(c)the tax consequences of the conversion of a mutual society into a company.

(2)Mutual society” means—

(a)a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986,

(b)a friendly society within the meaning of the Friendly Societies Act 1992, or

(c)an industrial and provident society registered (or deemed to be registered) under the Industrial and Provident Societies Act 1965.

(3)Regulations under this section may, in particular, make provision about—

(a)relief from tax in respect of losses,

(b)capital allowances,

(c)the taxation of chargeable gains (including provision conferring relief for specified transfers and amalgamations),

(d)the treatment of intangible fixed assets and goodwill,

(e)the treatment of loan relationships (and matters treated as loan relationships),

(f)the treatment of derivative contracts (and contracts treated as derivative contracts),

(g)exemption or other relief from stamp duty, stamp duty reserve tax or stamp duty land tax, and

(h)the treatment of arrangements the purpose, or one of the main purposes, of which is to secure a tax advantage.

(4)Regulations under this section may, in particular—

(a)modify enactments and instruments relating to tax (whenever passed or made),

(b)make different provision for different cases or different purposes, and

(c)make incidental, consequential or transitional provision (including provision modifying enactments and instruments, whenever passed or made).

(5)Regulations under this section may include provision having effect in relation to any time before they are made if the provision does not increase any person's liability to tax.

(6)Regulations under this section are to be made by statutory instrument.

(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.

(8)In this section—

  • arrangements” includes any arrangements, scheme or understanding of any kind, whether or not legally enforceable and whether involving a single transaction or two or more transactions;

  • company” means a company formed and registered under the Companies Act 2006 (or treated as formed and registered under that Act);

  • derivative contract” has the same meaning as in Part 7 of CTA 2009 (see section 576 of that Act);

  • goodwill” and “intangible fixed asset” have the same meaning as in Part 8 of CTA 2009 (see sections 713 and 715 of that Act);

  • loan relationship” has the same meaning as in the Corporation Tax Acts (see section 302(1) and (2) of CTA 2009);

  • modify” includes amend, repeal or revoke;

  • tax” includes stamp duty;

  • tax advantage” means—

    (a)

    a relief from tax (including a tax credit) or increased relief from tax,

    (b)

    a repayment of tax or increased repayment of tax,

    (c)

    the avoidance, reduction or delay of a charge to tax or an assessment to tax, or

    (d)

    the avoidance of a possible assessment to tax.

125National Savings ordinary accounts: surplus fundsE+W+S+N.I.

(1)As soon as practicable after the passing of this Act—

(a)the Director of Savings and the Commissioners must prepare a statement showing the relevant surplus, and

(b)the Commissioners must pay the relevant surplus into the Consolidated Fund.

(2)The relevant surplus is the amount held by the Commissioners by virtue of section 17 of the 1971 Act (including any such amount held in investments), less the aggregate of—

(a)such sums as the Treasury may determine to be equal to those expended by the Director of Savings in connection with ordinary accounts,

(b)such sums as are necessary to defray the expenses incurred by the Commissioners in connection with ordinary accounts, and

(c)such sums as are required to be paid into the Consolidated Fund by virtue of section 20 of the 1971 Act.

(3)The Commissioners—

(a)must pay into the Consolidated Fund the sums determined in accordance with subsection (2)(a), and

(b)may retain the sums determined in accordance with subsection (2)(b).

(4)As soon as practicable after preparing a statement under subsection (1), the Director of Savings and the Commissioners must transmit the statement to the Comptroller and Auditor General who must—

(a)examine, certify and make a report on it, and

(b)lay copies of the statement, together with copies of that report, before Parliament.

(5)The Treasury may by order repeal or otherwise amend any enactment if the repeal or amendment appears to the Treasury to be necessary or expedient in consequence of—

(a)the closure of ordinary accounts and the transfer of their balances to other accounts (see, in particular, regulations 2B to 2BB of the National Savings Bank Regulations 1972 (S.I. 1972/764)), or

(b)this section.

(6)An order under subsection (5) is to be made by statutory instrument.

(7)No order may be made under subsection (5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.

(8)In this section—

(a)a reference to sums expended or expenses incurred in connection with ordinary accounts includes a reference to sums expended or expenses incurred in connection with the holding of amounts by virtue of section 17 of the 1971 Act (including their holding in investments), and

(b)expressions used in this section and in the 1971 Act have the same meaning in this section as in that Act.

(9)In this section—

  • the 1971 Act” means the National Savings Bank Act 1971;

  • enactment” includes—

    (a)

    an enactment contained in the 1971 Act, and

    (b)

    subordinate legislation (which has the same meaning as in the Interpretation Act 1978).

Part 9 E+W+S+N.I.Final provisions

126InterpretationE+W+S+N.I.

(1)In this Act—

  • ALDA 1979” means the Alcoholic Liquor Duties Act 1979,

  • BGDA 1981” means the Betting and Gaming Duties Act 1981,

  • CAA 2001” means the Capital Allowances Act 2001,

  • CRCA 2005” means the Commissioners for Revenue and Customs Act 2005,

  • CTA 2009” means the Corporation Tax Act 2009,

  • FISMA 2000” means the Financial Services and Markets Act 2000,

  • HODA 1979” means the Hydrocarbon Oil Duties Act 1979,

  • ICTA” means the Income and Corporation Taxes Act 1988,

  • IHTA 1984” means the Inheritance Tax Act 1984,

  • ITA 2007” means the Income Tax Act 2007,

  • ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003,

  • ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005,

  • OTA 1975” means the Oil Taxation Act 1975,

  • OTA 1983” means the Oil Taxation Act 1983,

  • PRTA 1980” means the Petroleum Revenue Tax Act 1980,

  • TCGA 1992” means the Taxation of Chargeable Gains Act 1992,

  • TMA 1970” means the Taxes Management Act 1970,

  • TPDA 1979” means the Tobacco Products Duty Act 1979,

  • VATA 1994” means the Value Added Tax Act 1994, and

  • VERA 1994” means the Vehicle Excise and Registration Act 1994.

(2)In this Act—

  • “FA”, followed by a year, means the Finance Act of that year, and

  • “F(No.2)A”, followed by a year, means the Finance (No.2) Act of that year.

(3)In the tables in Part 1 of Schedule 1 to CAA 2001, Part 1 of Schedule 1 to ITEPA 2003 and Part 1 of Schedule 4 to ITTOIA 2005, at the beginning insert—

FA followed by a yearThe Finance Act of that year
F(No.2)A followed by a yearThe Finance (No.2) Act of that year.

(4)Omit all of the entries in those tables relating to a Finance Act or a Finance (No.2) Act.

(5)In the following provisions, for “the Finance Act” substitute “ FA ”

(a)in CAA 2001, sections 70G(5), 70H(3) (in both places), 70O(4)(b), 105(2A), 186(3) and (5) (as amended by paragraph 5 of Schedule 27 to FA 2008), 257(2)(a), 360B(2)(a) and 360C(2)(b) and paragraph 105(2) of Schedule 3, and

(b)in ITEPA 2003, sections 420(1)(h) and 702(5B), paragraph 78(2)(b) of Schedule 2 and paragraph 54 of Schedule 7.

(6)Accordingly, omit—

(a)in FA 2004, in Schedule 35, paragraphs 49 and 65(2),

(b)in F(No.2)A 2005, section 10(7),

(c)in FA 2006, section 84(4), and

(d)in FA 2008, in Schedule 25, paragraph 6.

127Short titleE+W+S+N.I.

This Act may be cited as the Finance Act 2009.

SCHEDULES

Section 5

SCHEDULE 1E+W+S+N.I.Income tax: abolition of non-residents' personal reliefs

IntroductionE+W+S+N.I.

1Chapter 1 of Part 7 of ICTA (income tax: personal reliefs) is amended as follows.E+W+S+N.I.

Abolition of reliefsE+W+S+N.I.

2Omit—E+W+S+N.I.

(a)section 256 (general),

(b)section 256A (“adjusted net income”),

(c)section 256B (“the minimum amount”),

(d)section 257 (personal allowance),

(e)sections 257A to 257BB (married couple's allowance etc),

(f)section 257C (indexation),

(g)section 265 (blind person's allowance),

(h)section 273 (payments securing annuities), and

(i)section 278 (non-residents).

Consequential amendmentsE+W+S+N.I.

3(1)Section 266 (life assurance premiums) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “individual” substitute “ eligible individual ”, and

(b)omit “or makes a payment falling within subsection (7) below”.

(3)After that subsection insert—

(1A)For the purposes of subsection (1) above an individual is an eligible individual if the individual—

(a)is resident in the United Kingdom, or

(b)meets the conditions in section 56(3) of ITA 2007.

(4)In subsection (3), omit “(7),”.

(5)In subsection (4), for “subsections (7) and” substitute “ subsection ”.

(6)Omit subsection (7).

(7)In subsection (8), for “and is entitled to relief by virtue of section 278(2) or (2ZA)” substitute “ (but is entitled to relief by virtue of subsection (1A)(b)) ”.

4(1)Section 274 (limits on relief under sections 266 and 273) is amended as follows.E+W+S+N.I.

(2)In subsection (1), omit “or other sums”.

(3)In subsection (2)—

(a)for “sections 266 and 273” substitute “ section 266 ”, and

(b)omit “or sums”, and

(c)for “the appropriate rate” substitute “ 12.5% ”.

(4)Omit subsection (3).

(5)In subsection (4), omit “or other sum” (in both places).

(6)In the heading, for “sections 266 and 273” substitute section 266.

5In paragraph 6(1) of Schedule 14 (provisions ancillary to section 266), omit “, otherwise than in accordance with subsection (7) of that section,”.E+W+S+N.I.

RepealsE+W+S+N.I.

6Omit—E+W+S+N.I.

(a)in TMA 1970—

(i)in section 36(3A), “section 257BA of the principal Act or”,

(ii)in section 37A, “section 257BB or 265 of the principal Act or”, and

(iii)in section 43A(2A)(a), “section 257BA of the principal Act or”,

(b)in FA 1988, section 33 and, in Schedule 3, paragraphs 8 and 10,

(c)in FA 1989, section 33(4)(a), (5)(b), (8)(a) and (9)(b),

(d)in F(No.2)A 1992, in Schedule 5, paragraphs 2, 8(4) and 9(3),

(e)in FA 1993, section 107(3)(a),

(f)in FA 1994, section 77(1) and (2),

(g)in FA 1996, in Schedule 20, paragraph 14(3) and, in Schedule 21, paragraphs 4 to 6,

(h)in FA 1997, section 56(2),

(i)in FA 1998, section 27(1)(a) and, in Schedule 3, paragraph 10,

(j)in FA 1999, sections 25(3), 31 and 32,

(k)in FA 2000, section 39(8) and (9),

(l)in ITEPA 2003, in Schedule 6, paragraph 35,

(m)in FA 2004, in Schedule 35, paragraph 12,

(n)in ITTOIA 2005, in Schedule 1, paragraph 124,

(o)in ITA 2007—

(i)in section 23, in Step 3, “or section 257 or 265 of ICTA”,

(ii)in sections 26(1)(a) and 27(5), “or section 257A, 257AB, 257BA or 257BB of ICTA”,

(iii)in section 423(5), “or section 257 or 265 of ICTA”, “or section 257A, 257AB, 257BA or 257BB of ICTA”, “or section 266(7) of ICTA” and “or section 273 of ICTA”,

(iv)in section 811, in subsection (5), “or section 278(2) of ICTA” and, in subsection (6), “or section 257 or 265 of ICTA”, “or section 257A, 257AB, 257BA or 257BB of ICTA” and “or section 273 of ICTA”,

(v)in section 833(5), “or section 278 of ICTA”,

(vi)in Schedule 1, paragraphs 27 to 35, 36(5) and (6), 37 and 232(2), and

(vii)in Schedule 2, Part 4,

(p)in FA 2008—

(i)in section 2(1) and (2), paragraph (b) and the “and” before it,

(ii)in section 3, in subsection (1), “and section 257(2) of ICTA” and “and section 257(3) of ICTA” and, in subsection (2), paragraph (b) and the “and” before it, and

(iii)in Schedule 39, paragraphs 18 to 20, and

(q)in this Act, in section 3(1) and (2), paragraph (b) and the “and” before it.

CommencementE+W+S+N.I.

7The amendments made by this Schedule have effect for the tax year 2010-11 and subsequent tax years.E+W+S+N.I.

Section 6

SCHEDULE 2E+W+S+N.I.Income tax rates

Part 1 E+W+S+N.I.Amendments of ITA 2007

1ITA 2007 is amended as follows.E+W+S+N.I.

2(1)Section 6 (rates of income tax) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for “and higher rate” substitute “ , higher rate and additional rate ”.

(3)In the heading, for “and higher rate” substitute , higher rate and additional rate.

3(1)Section 8 (dividend ordinary rate and dividend upper rate) is amended as follows.E+W+S+N.I.

(2)Insert at the end—

(3)The dividend additional rate is 42.5%.

(3)In the heading, for “and dividend upper rate” substitute , dividend upper rate and dividend additional rate.

4(1)Section 10 (income charged at basic and higher rates: individuals) is amended as follows.E+W+S+N.I.

(2)In subsection (3), insert at the end “and up to the higher rate limit.”

(3)After that subsection insert—

(3A)Income tax is charged at the additional rate on an individual's income above the higher rate limit.

(4)After subsection (5) insert—

(5A)The higher rate limit is £150,000.

(5)In subsection (6), for “is” substitute “ and higher rate limit are ”.

(6)In the heading, for “and higher” substitute , higher and additional.

5(1)Section 13 (income charged at dividend ordinary and dividend upper rates: individuals) is amended as follows.E+W+S+N.I.

(2)After subsection (2) insert—

(2A)Income tax is charged at the dividend additional rate on an individual's income which—

(a)is dividend income,

(b)would otherwise be charged at the additional rate, and

(c)is not relevant foreign income charged in accordance with section 832 of ITTOIA 2005.

(3)In subsection (3), for “and (2)” substitute “ to (2A) ”.

(4)In subsection (4), for “or higher” substitute “ , higher or additional ”.

(5)In the heading, for “and dividend upper” substitute , dividend upper and dividend additional.

6In section 414(2)(b) (relief for gifts to charity), after “limit” insert “ and the higher rate limit ”.E+W+S+N.I.

7In section 515(a) (rate of tax in respect of heritage maintenance settlements), for “higher rate” substitute “ additional rate ”.E+W+S+N.I.

8(1)Section 989 (definitions) is amended as follows.E+W+S+N.I.

(2)After the definition of “Act” insert—

additional rate” means the rate of income tax determined in pursuance of section 6(2),.

(3)After the definition of “distribution” insert—

dividend additional rate” means the rate of income tax specified in section 8(3),.

(4)After the definition of “higher rate” insert—

higher rate limit” has the meaning given by section 10,.

9(1)Schedule 4 (index of defined expressions) is amended as follows.E+W+S+N.I.

(2)After the entry relating to “Act” insert—

additional ratesection 6(2) (as applied by section 989).

(3)In the entry relating to “basic rate limit”, for “20(2)” substitute “ 10 ”.

(4)After the entry relating to “dividends (in Chapter 1 of Part 13)” insert—

dividend additional ratesection 8(3) (as applied by section 989).

(5)After the entry relating to “higher rate” insert—

higher rate limitsection 10 (as applied by section 989).

Part 2 E+W+S+N.I.Amendments of other Acts

FA 2004E+W+S+N.I.

10Part 4 of FA 2004 (pension schemes etc) is amended as follows.E+W+S+N.I.

11In section 192 (relief for pension contributions at source), for subsection (4) substitute—E+W+S+N.I.

(4)If (apart from this section) income tax at the higher rate or the additional rate is chargeable in respect of any part of the individual's total income for the tax year, on the making of a claim the basic rate limit and the higher rate limit for the tax year in the individual's case are increased by the amount of the contribution.

12In section 208 (unauthorised payments charge), for subsection (6) substitute—E+W+S+N.I.

(6)The Treasury may by order amend subsection (5) so as to vary the rate of the unauthorised payments charge.

(6A)An order under subsection (6) may make provision for there to be different rates in different circumstances.

13In section 209 (unauthorised payments surcharge), for subsection (7) substitute—E+W+S+N.I.

(7)The Treasury may by order amend subsection (6) so as to vary the rate of the unauthorised payments surcharge.

(8)An order under subsection (7) may make provision for there to be different rates in different circumstances.

14In section 215 (amount of lifetime allowance charge), after subsection (2) insert—E+W+S+N.I.

(2A)The Treasury may by order amend subsection (2) so as to vary the rates of the lifetime allowance charge.

(2B)An order under subsection (2A) may make provision for there to be different rates in different circumstances.

15In section 227 (annual allowance charge), after subsection (5) insert—E+W+S+N.I.

(5A)The Treasury may by order amend subsection (4) so as to vary the rate of the annual allowance charge.

(5B)An order under subsection (5A) may make provision for there to be different rates in different circumstances.

16In section 240 (amount of scheme sanction charge), after subsection (3) insert—E+W+S+N.I.

(3A)The Treasury—

(a)may by order amend subsection (1) so as to vary the rate of the scheme sanction charge, and

(b)may by order amend subsection (3)(a) so as to vary the percentage mentioned there.

(3B)An order under subsection (3A) may make provision for there to be different rates or percentages in different circumstances.

17In section 242 (de-registration charge), insert at the end—E+W+S+N.I.

(5)The Treasury may by order amend subsection (4) so as to vary the rate of the de-registration charge.

(6)An order under subsection (5) may make provision for there to be different rates in different circumstances.

18(1)Section 282 (orders and regulations) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)No order may be made under section 208(6), 209(7), 215(2A), 227(5A), 240(3A) or 242(5) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.

(3)In subsection (2), after “Part” insert “ , if made without a draft having been approved by a resolution of the House of Commons, ”.

ITTOIA 2005E+W+S+N.I.

19ITTOIA 2005 is amended as follows.E+W+S+N.I.

20In section 640(6)(b) (grossing-up of deemed income)—E+W+S+N.I.

(a)omit the “and” at the end of sub-paragraph (i), and

(b)insert at the end up to and including the year 2009-2010, and

(iii)50%, if the relevant tax year is the year 2010-2011 or any subsequent tax year.

21In section 669(3) (reduction in residuary income: inheritance tax on accrued income)—E+W+S+N.I.

(a)in paragraph (a), after “charged at” insert “ the additional rate or ”, and

(b)in paragraph (b), after “charged at” insert “ the dividend additional rate or ”.

22In section 685A(3) (settlor-interested settlements), for “higher rate” substitute “ additional rate ”.E+W+S+N.I.

23(1)Part 2 of Schedule 4 (index of defined expressions) is amended as follows.E+W+S+N.I.

(2)After the entry relating to “acquisition expenditure (in Chapter 9 of Part 2)” insert—

additional ratesection 6(2) of ITA 2007 (as applied by section 989 of that Act).

(3)After the entry relating to “distribution” insert—

the dividend additional ratesection 8(3) of ITA 2007 (as applied by section 989 of that Act).

F(No.2)A 2005E+W+S+N.I.

24In section 7(5) of F(No.2)A 2005 (charge to income tax on social security pension lump sum)—E+W+S+N.I.

(a)in paragraph (d), after “basic rate limit for that year” insert “ but does not exceed the higher rate limit for that year ”, and

(b)after that paragraph insert—

(e)if P's Step 3 income for that year of assessment exceeds the higher rate limit for that year, the additional rate for that year.

Part 3 E+W+S+N.I.Commencement

25(1)The powers conferred by the amendments made by this Schedule may be exercised at any time on or after the day on which this Act is passed but not so as to make provision having effect before the tax year 2010-11.E+W+S+N.I.

(2)Subject to that, the amendments made by this Schedule have effect for the tax year 2010-11 and subsequent tax years.

Section 9

SCHEDULE 3E+W+S+N.I.VAT: supplementary charge and orders changing rate

Part 1 E+W+S+N.I.Supplementary charge to VAT

The chargeE+W+S+N.I.

1(1)There is a supplementary charge on a supply of goods or services that is treated as taking place on or after 25 November 2008 if—E+W+S+N.I.

(a)the supply spans the date of the VAT change,

(b)it is subject to VAT at the rate in force under section 2 of VATA 1994,

(c)the person to whom the supply is made is not entitled under VATA 1994 to credit for, or the repayment or refund of, all of the VAT on the supply, and

(d)a relevant condition is met.

(2)In this Schedule “the date of the VAT change” means 1 January 2010.

(3)For the cases in which a supply, other than the grant of a right to goods or services, spans the date of the VAT change and the relevant conditions in relation to such a supply, see paragraph 2.

(4)For the cases in which a supply consisting of the grant of a right to goods or services spans the date of the VAT change and the relevant conditions in relation to such a supply, see paragraph 3.

(5)Sub-paragraph (1) has effect subject to the exceptions made by or under Part 2 of this Schedule.

(6)In this Schedule—

  • Part 3 contains provision about liability for, and the amount of, a supplementary charge under this Schedule,

  • Part 4 contains special provision about listed supplies, and

  • Part 5 contains provision about administration and interpretation.

(7)A supplementary charge under this Schedule is to be treated for all purposes as if it were value added tax charged in accordance with VATA 1994.

Supply spanning the date of the VAT changeE+W+S+N.I.

2(1)For the purposes of this Schedule a supply of goods or services spans the date of the VAT change where—E+W+S+N.I.

(a)by virtue of the issue of a VAT invoice or the receipt of a payment by the person making the supply (“the supplier”), the supply is treated as taking place before the date of the VAT change, but

(b)the basic time of supply (see paragraph 4) is on or after the date of the VAT change.

(2)The relevant conditions are—

(a)in relation to a supply that is within sub-paragraph (1)(a) by virtue of the issue of a VAT invoice, conditions A to D, and

(b)in relation to a supply that is within sub-paragraph (1)(a) by virtue of the receipt of a payment, conditions A to C.

(3)Condition A is that the supplier and the person to whom the supply is made are connected with each other at any time in the period—

(a)beginning with the day on which the supply is treated as taking place, and

(b)ending on the date of the VAT change.

(4)Paragraph 5 modifies condition A in cases involving a series of supplies.

(5)Condition B is that the aggregate of the following is more than £100,000—

(a)the relevant consideration for the supply, and

(b)the relevant consideration for every related supply of goods or services (including every related grant of a right to goods or services) that spans the date of the VAT change (see paragraph 6).

(6)Condition C is that a prepayment in respect of the supply is financed by the supplier or a person connected with the supplier (see paragraph 7).

(7)In sub-paragraph (6) “prepayment”, in respect of a supply, means a payment that is received by the supplier before the basic time of supply.

(8)Condition D is that full payment of the amount shown on the VAT invoice referred to in sub-paragraph (1)(a) is not due before the end of the period of 6 months beginning with the date on which the invoice is issued.

(9)This paragraph does not apply in relation to a supply consisting of the grant of a right to goods or services (see paragraph 3).

Grant of right spanning the date of the VAT changeE+W+S+N.I.

3(1)For the purposes of this Schedule a supply consisting of the grant by a person (“the grantor”) of a right to goods or services spans the date of the VAT change where—E+W+S+N.I.

(a)that supply is treated as taking place before the date of the VAT change,

(b)the goods or services are to be supplied at a discount or free of charge, and

(c)the basic time of supply for the supply of some or all of the goods or services (see paragraph 4) is on or after the date of the VAT change.

(2)In relation to the grant of the right, the relevant conditions are conditions A to C.

(3)Condition A is that the grantor and the person to whom the right is granted are connected with each other at any time in the period—

(a)beginning with the day on which the supply consisting of the grant of the right is treated as taking place, and

(b)ending on the date of the VAT change or, if the right is exercised (entirely or partly) on a later date, that date (or, if more than one, the first of those dates).

(4)Paragraph 5 modifies condition A in cases involving a series of supplies.

(5)Condition B is that the aggregate of the following is more than £100,000—

(a)the relevant consideration for the grant of the right, and

(b)the relevant consideration for every related supply of goods or services (including every related grant of a right to goods or services) that spans the date of the VAT change (see paragraph 6).

(6)Condition C is that the payment made in respect of the grant of the right is financed by the grantor or a person connected with the grantor (see paragraph 7).

(7)In this Schedule references to a right to goods or services include—

(a)any right or option with respect to such goods or services, and

(b)any interest deriving from such a right or option.

“Basic time of supply” E+W+S+N.I.

4(1)In this Schedule the “basic time of supply” is the time given by subsection (2) or (3) of section 6 of VATA 1994 (disregarding subsections (4) to (14) of that section).E+W+S+N.I.

(2)Sub-paragraph (1) does not apply in relation to listed supplies (see Part 4 of this Schedule).

Series of suppliesE+W+S+N.I.

5(1)This paragraph applies where—E+W+S+N.I.

(a)the supply or grant of a right referred to in paragraph 2 or 3 (“the affected supply or grant”) is one of a series of supplies of, or grants of a right to, the same or substantially the same goods or services, and

(b)each of the supplies, and the grants of a right, in the series was or will be made in the expectation that the affected supply or grant would or will take place.

(2)In condition A in paragraphs 2 and 3 the references to the supplier and the grantor include any person who makes one of the supplies or grants one of the rights in the series.

“Relevant consideration” and “related” suppliesE+W+S+N.I.

6(1)This paragraph applies for the purposes of condition B in paragraphs 2 and 3.E+W+S+N.I.

(2)Relevant consideration” means—

(a)in relation to a supply that is within paragraph 2(1) by virtue of the issue of a VAT invoice, the amount shown on that invoice,

(b)in relation to a supply that is within paragraph 2(1) by virtue of the receipt of a payment, the amount of that payment, and

(c)in relation to a grant of a right to goods or services within paragraph 3(1), the consideration for the grant of the right,

but does not include any amount in respect of VAT.

(3)A supply within paragraph 2(1), or a grant of a right within paragraph 3(1), is related to another such supply or grant if they are both made as part of the same scheme.

(4)Scheme” includes any arrangements, transaction or series of transactions.

FinancingE+W+S+N.I.

7(1)This paragraph applies for the purposes of condition C in paragraphs 2 and 3.E+W+S+N.I.

(2)A payment is financed by a person if, directly or indirectly, the person—

(a)provides funds to enable the person to whom the supply is made to make the whole or part of the payment (whether the funds are provided before or after the payment is made),

(b)procures the provision of such funds by another person,

(c)provides funds for discharging (in whole or in part) any liability that has been or may be incurred by any person for or in connection with raising funds to enable the person to whom the supply is made to make the payment, or

(d)procures that any such liability is or will be discharged (in whole or in part) by another person.

(3)In sub-paragraph (2) the references to providing funds for a purpose are to—

(a)making a loan of funds that are or are to be used for that purpose,

(b)providing a guarantee or other security in relation to such a loan,

(c)providing consideration for the issue of shares or other securities issued wholly or partly for raising those funds,

(d)providing consideration for the acquisition by any person of any such shares or securities, or

(e)any other transfer of assets or value as a consequence of which any of those funds are made available for that purpose.

Connected personsE+W+S+N.I.

8Section 839 of ICTA (connected persons) applies for the purposes of this Schedule.E+W+S+N.I.

Receipt of paymentsE+W+S+N.I.

9In this Schedule a reference to receipt of a payment by the person making a supply or granting a right (however expressed) includes a reference to receipt by a person to whom a right to receive it has been assigned.E+W+S+N.I.

Power to change relevant conditionsE+W+S+N.I.

10(1)The Treasury may by order amend this Part of this Schedule by adding, modifying or omitting relevant conditions.E+W+S+N.I.

(2)An order under this paragraph—

(a)may make different provision for different cases, and

(b)may make incidental or consequential amendments of this Schedule.

Supplies treated as taking place before 31 March 2009E+W+S+N.I.

11In relation to supplies treated as taking place before 31 March 2009, this Schedule has effect as if—E+W+S+N.I.

(a)paragraphs 2(5), 3(5) and 6 (condition B) and all references to condition B were omitted,

(b)in paragraph 2(6) (condition C), the words “or a person connected with the supplier” were omitted, and

(c)in paragraph 3(6) (condition C), the words “or a person connected with the grantor” were omitted.

Part 2 E+W+S+N.I.Exceptions

Letting etc of assetsE+W+S+N.I.

12(1)This paragraph applies in relation to a supply within paragraph 2 which arises from the letting, hiring or rental of assets.E+W+S+N.I.

(2)There is no supplementary charge under this Schedule if—

(a)the period to which the VAT invoice or payment referred to in paragraph 2(1) relates does not exceed 12 months, and

(b)the VAT invoice is issued, or the payment is received, in accordance with normal commercial practice in relation to the letting, hiring or rental of such assets.

Condition B cases involving normal commercial practiceE+W+S+N.I.

13There is no supplementary charge under this Schedule on a supply of goods or services within paragraph 2 or a grant of a right to goods or services within paragraph 3 if—E+W+S+N.I.

(a)the only relevant condition met is condition B, and

(b)the supply is made, or the right is granted, in accordance with normal commercial practice in relation to the supply of, or the grant of a right to, such goods or services.

Normal commercial practiceE+W+S+N.I.

14In this Part of this Schedule “normal commercial practice” means normal commercial practice at a time when an increase in the rate of VAT in force under section 2 of VATA 1994 is not expected.E+W+S+N.I.

Further exceptionsE+W+S+N.I.

15(1)The Treasury may by order provide that there is no supplementary charge under this Schedule on supplies (including grants of rights to goods or services) of a description specified in the order.E+W+S+N.I.

(2)An order under this paragraph may make provision having effect in relation to supplies of goods or services that are treated as taking place on or after 25 November 2008 or a later date.

Part 3 E+W+S+N.I.Liability and amount

LiabilityE+W+S+N.I.

16(1)A supplementary charge under this Schedule on a supply within paragraph 2—E+W+S+N.I.

(a)is a liability of the supplier (subject to sub-paragraph (3)), and

(b)becomes due on the date of the VAT change (rather than at the time of supply).

(2)A supplementary charge under this Schedule on a supply consisting of the grant of a right to goods or services within paragraph 3—

(a)is a liability of the grantor (subject to sub-paragraph (3)), and

(b)becomes due on the first occasion on or after the date of the VAT change on which the right is exercised (rather than at the time the right is granted).

(3)If, on the date on which the supplementary charge becomes due, the person who would be liable to pay the charge under sub-paragraph (1) or (2)—

(a)is not a taxable person, but

(b)is treated as a member of a group under sections 43A to 43D of VATA 1994,

the supplementary charge is a liability of the representative member of the group.

AmountE+W+S+N.I.

17(1)The amount of the supplementary charge on a supply within paragraph 2 is equal to the difference between—E+W+S+N.I.

(a)the amount of VAT chargeable on the supply apart from this Schedule, and

(b)the amount of VAT that would be chargeable on the supply if it were subject to VAT at the rate of 17.5%.

(2)The amount of the supplementary charge on a grant of a right to goods or services within paragraph 3 is equal to the difference between—

(a)the amount of VAT chargeable on the grant of the right apart from this Schedule, and

(b)the amount of VAT that would be chargeable on the grant of the right if it were subject to VAT at the rate of 17.5%,

(but see sub-paragraph (3)).

(3)If the basic time of supply for some of those goods and services is before the date of the VAT change, sub-paragraph (2) has effect as if the references to the amount of VAT chargeable and to the amount of VAT that would be chargeable were references to the relevant proportion of each of those amounts.

(4)“The relevant proportion” is—

where—

P is so much of the consideration for the grant of the right as is attributable on a just and reasonable basis to a right to the goods and services for which the basic time of supply is on or after the date of the VAT change, and

W is the whole of the consideration for the grant of the right.

Part 4 E+W+S+N.I.Listed supplies

“Listed supply” E+W+S+N.I.

18(1)In this Schedule “listed supply” means a supply falling within sub-paragraph (2)—E+W+S+N.I.

(a)which is made for a consideration the whole or part of which is determined or payable periodically or from time to time, and

(b)which is treated as taking place by virtue of the issue of a VAT invoice or the receipt of a payment by the person making the supply.

(2)The following supplies fall within this sub-paragraph—

(a)a supply of services,

(b)a supply arising from the grant of a major interest in land,

(c)a supply of water other than—

(i)distilled water, deionised water or water of similar purity, or

(ii)bottled water,

(d)a supply of—

(i)coal gas, water gas, producer gases or similar gases, or

(ii)petroleum gases, or other gaseous hydrocarbons, in a gaseous state,

(e)a supply of power, heat, refrigeration or ventilation, and

(f)a supply of goods together with services in the course of the construction, alteration, demolition, repair or maintenance of a building or civil engineering work.

(3)The Treasury may by order amend sub-paragraph (2) by—

(a)adding or omitting any description of supply, or

(b)varying any description of supply for the time being listed in that sub-paragraph.

“Basic time of supply”: listed suppliesE+W+S+N.I.

19(1)For the purposes of this Schedule, in relation to a listed supply, “the basic time of supply” is the end of the period to which the VAT invoice or payment mentioned in paragraph 18(1) relates, except as provided in sub-paragraphs (2) and (4).E+W+S+N.I.

(2)Where the person making the supply issues an invoice—

(a)in respect of part of the listed supply to which the VAT invoice or payment mentioned in paragraph 18(1) relates, and

(b)for a period (a “billing period”) ending before the end of the period to which that VAT invoice or payment relates,

the basic time of supply”, in relation to that part of the supply, is the end of the billing period.

(3)For the purposes of sub-paragraph (2) the listed supply (and the consideration for the supply) must be apportioned between periods on a just and reasonable basis.

(4)Where a listed supply is treated as taking place by virtue of—

(a)the issue by the person making the supply of a VAT invoice relating to a premium for the grant of a tenancy or lease, or

(b)the receipt by the person making the supply of such a premium,

“the basic time of supply” is the date of the grant of the tenancy or lease.

Part 5 E+W+S+N.I.Administration and interpretation

Person ceasing to be taxable person before supplementary charge dueE+W+S+N.I.

20(1)This paragraph applies if, on the date on which a supplementary charge under this Schedule becomes due (“the due date”), the person who is liable to pay the charge under paragraph 16 is not a taxable person.E+W+S+N.I.

(2)The supplementary charge must be accounted for by that person in accordance with VATA 1994 (and regulations made under that Act) as if it were VAT due in the last period for which the person was required to make a return by or under VATA 1994.

(3)If an amount assessed as due by way of supplementary charge under this Schedule would (in the absence of this sub-paragraph) carry interest from a date earlier than the due date, it is to be treated as only carrying interest from the due date.

Adjustment of contracts following the VAT changeE+W+S+N.I.

21(1)This paragraph applies where—E+W+S+N.I.

(a)a contract for the supply of goods or services is made before the date of the VAT change, and

(b)there is a supplementary charge under this Schedule on the supply.

(2)The consideration for the supply is to be increased by an amount equal to the supplementary charge, unless the contract provides otherwise.

InvoicesE+W+S+N.I.

22Regulations under paragraph 2A of Schedule 11 to VATA 1994 (VAT invoices) may make provision about the provision, replacement or correction of invoices in connection with a supplementary charge under this Schedule.E+W+S+N.I.

Orders under this ScheduleE+W+S+N.I.

23(1)An order under this Schedule is to be made by statutory instrument.E+W+S+N.I.

(2)A statutory instrument containing an order under this Schedule is subject to annulment in pursuance of a resolution of the House of Commons, unless it is an instrument to which sub-paragraph (4) applies.

(3)Sub-paragraph (4) applies to a statutory instrument containing an order made under paragraph 10 (or under that paragraph and under other provisions) which extends the supplies that are subject to a supplementary charge under this Schedule.

(4)An instrument to which this sub-paragraph applies—

(a)must be laid before the House of Commons, and

(b)ceases to have effect at the end of the period of 28 days beginning with the day on which it was made unless it is approved during that period by a resolution of the House of Commons.

(5)In reckoning the period of 28 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which the House of Commons is adjourned for more than 4 days.

(6)The order ceasing to have effect does not affect—

(a)anything previously done under it, or

(b)the making of a new order.

Interpretation: generalE+W+S+N.I.

24(1)Expressions used in this Schedule and in VATA 1994 have the same meaning in this Schedule as in that Act.E+W+S+N.I.

(2)In this Schedule—

(a)treated as taking place” means treated as taking place for the purposes of the charge to VAT, and

(b)references to the person by or to whom a supply is made (however expressed) are to the person by or to whom the supply is treated as being made for the purposes of VATA 1994.

Part 6 E+W+S+N.I.Amendments of VATA 1994

25(1)VATA 1994 is amended as follows.E+W+S+N.I.

(2)In section 2(2) (orders increasing or decreasing rate of VAT), after “such order” insert “ that has not previously expired or been revoked ”.

(3)In section 97 (orders, rules and regulations), after subsection (4) insert—

(4A)Where an order under section 2(2) is in force, the reference in subsection (4)(c)(i) of this section to the rate of VAT in force under section 2 at the time of the making of an order is a reference to the rate which would be in force at that time if no such order had been made.

Section 14

SCHEDULE 4E+W+S+N.I.Vehicle excise duty: further provision about rates of duty etc

1VERA 1994 is amended as follows.E+W+S+N.I.

2(1)Section 3 (duration of licences) is amended as follows.E+W+S+N.I.

(2)In subsection (4)(b), for “a licence taken out on the first registration under this Act of” substitute “ the first vehicle licence for ”.

(3)Insert at the end—

(7)Neither subsection (2) nor any order under subsection (3) permits the first vehicle licence for a vehicle to be taken out for a period of less than twelve months if the annual rate of vehicle excise duty chargeable on the licence would be lower if it were not the first vehicle licence for the vehicle.

3(1)Section 19 (rebates) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “from the Secretary of State the amount specified in subsection (2)” substitute “ the relevant amount from the Secretary of State ”.

(3)Omit subsection (2).

(4)After subsection (3) insert—

(3A)Subject to subsection (3B), the relevant amount is an amount equal to one-twelfth of the annual rate of duty chargeable on the licence (at the time when it was taken out) in respect of each complete month of the period of the currency of the licence which is unexpired when the application is made.

(3B)Where—

(a)the licence is the first vehicle licence for the vehicle,

(b)the application is made by virtue of paragraph (d), (e) or (f) of subsection (3), and

(c)the annual rate of duty rate chargeable on the licence (at the time when it was taken out) would have been lower if it had not been the first vehicle licence for the vehicle,

the relevant amount is an amount equal to one-twelfth of that lower annual rate of duty in respect of each such complete month.

4(1)Section 62 (definitions) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after the definition of “exempt vehicle” insert—

first vehicle licence”, in relation to a vehicle, means (subject to subsections (1B) and (1C)) the vehicle licence for the vehicle on the issue of which the vehicle is first registered under this Act (so that, if the vehicle is first registered on the issue of a nil licence, there is no first vehicle licence in relation to it),.

(3)After subsection (1A) insert—

(1B)Where a vehicle is first registered under this Act on the issue of a temporary licence, the “first vehicle licence” in relation to the vehicle is the first vehicle licence subsequently issued for it.

(1C)Where a vehicle—

(a)has been registered under the law of a country or territory outside the United Kingdom,

(b)is first registered under this Act more than 6 months after the time when it was first registered as mentioned in paragraph (a), and

(c)has travelled more than 6,000 kilometres under its own power before it is first registered under this Act,

there is no first vehicle licence in relation to the vehicle.

5(1)Schedule 1 (annual rates of duty) is amended as follows.E+W+S+N.I.

(2)In paragraph 1A (vehicles to which Part 1A applies)—

(a)in sub-paragraph (1)(a), after “registered”, and

(b)in sub-paragraph (5), after “registration”,

insert “, under this Act or under the law of a country or territory outside the United Kingdom,”.

(3)In paragraph 1C (the reduced rate)—

(a)in sub-paragraph (3)(a), after “registration” insert “ , under this Act or under the law of a country or territory outside the United Kingdom, ”,

(b)in sub-paragraph (3)(b), for “its” substitute “ that ”, and

(c)in sub-paragraph (4), after “registration” insert “ under this Act ”.

(4)In paragraph 1H (vehicles to which Part 1B applies)—

(a)in sub-paragraph (1)(a), after “registered”, and

(b)in sub-paragraph (3), after “registration”,

insert “, under this Act or under the law of a country or territory outside the United Kingdom,”.

(5)In paragraph 1K(a) (pre-2007 lower-emission vans), after “registered” insert “ , under this Act or under the law of a country or territory outside the United Kingdom, ”.

(6)In paragraph 1M(a) (post-2008 lower-emission vans), after “registered” insert “ , under this Act or under the law of a country or territory outside the United Kingdom, ”.

6(1)Paragraph 25 of Schedule 2 (exempt vehicles: light passenger vehicles with low CO2 emissions) is re-numbered as sub-paragraph (1) of that paragraph.E+W+S+N.I.

(2)After that sub-paragraph insert—

(2)A vehicle is an exempt vehicle for the appropriate period if—

(a)it is a vehicle to which Part 1A of Schedule 1 applies, and

(b)the applicable CO2 emissions figure (as defined in paragraph 1A(3) and (4) of that Schedule) exceeds 100g/km but does not exceed 130g/km.

(3)“The appropriate period” is the period for which (if the vehicle were not an exempt vehicle by virtue of sub-paragraph (2)) the first vehicle licence for the vehicle would (if taken out) have effect.

7(1)The amendments made by this Schedule have effect in relation to licences taken out on or after 1 April 2010.E+W+S+N.I.

(2)But the amendments made by paragraph 5 do not have effect in relation to vehicles first registered under this Act before that date.

Section 17

SCHEDULE 5E+W+S+N.I.Air passenger duty

AmendmentsE+W+S+N.I.

1Chapter 4 of Part 1 of FA 1994 (air passenger duty) is amended as follows.E+W+S+N.I.

2(1)Section 30 (rates of duty) is amended as follows.E+W+S+N.I.

(2)After subsection (8) insert—

(8A)The Treasury may by order amend Schedule 5A.

(3)Omit subsections (9) to (9B).

3For section 39 substitute—E+W+S+N.I.

39Schemes for simplified operation of Chapter

(1)This section applies if the Commissioners consider that, having regard to difficulties encountered or expected to be encountered by any registered operator in obtaining and recording information about passengers and their journeys, it is appropriate for this Chapter to have effect in relation to the registered operator in accordance with a special accounting scheme.

(2)The Commissioners may agree with the registered operator that this Chapter is to have effect in relation to the registered operator in accordance with a special accounting scheme agreed between the Commissioners and the registered operator (but subject to subsection (4)).

(3)A special accounting scheme is a scheme which makes provision for methods of calculating—

(a)how many persons are to be regarded for the purposes of this Chapter as chargeable passengers carried by chargeable aircraft operated by a registered operator, and

(b)how many of those are to be so regarded as having been so carried on journeys in respect of which duty is chargeable at any particular rate.

(4)The Commissioners may publish a notice specifying terms and conditions subject to which special accounting schemes are to have effect.

(5)Where the Commissioners and a registered operator have agreed that this Chapter is to have effect in relation to the registered operator in accordance with a special accounting scheme, this Chapter has effect in relation to the registered operator in accordance with the scheme (and with any notice under subsection (4) which has been published by the Commissioners and not withdrawn) for the period agreed by the Commissioners and the registered operator.

(6)The Commissioners and the registered operator may at any time agree to vary the special accounting scheme for the future.

(7)The Commissioners may at any time terminate the operation of the special accounting scheme—

(a)on the application of the registered operator, or

(b)where they have reasonable grounds for doing so,

by giving notice to the registered operator.

4In section 42(4) (orders), after “chargeable passengers” insert “ , or to increase the rate of air passenger duty to be charged on the carriage of any chargeable passengers whose journeys end in any place, ”.E+W+S+N.I.

5After Schedule 5 insert—E+W+S+N.I.

SCHEDULE 5AE+W+S+N.I.Air passenger duty: territories etc

Part 1 E+W+S+N.I.Part 1 territories
AlbaniaFinlandLatviaPortugal (including Madeira)
AlgeriaFrance (including Corsica)LibyaRomania
AndorraGermanyLiechtensteinRussian Federation, west of the Urals
AustriaGibraltarLithuaniaSan Marino
AzoresGreeceLuxembourgSerbia
BelarusGreenlandFormer Yugoslav Republic of MacedoniaSlovak Republic
BelgiumGuernseyMaltaSlovenia
Bosnia and HerzegovinaHungaryMoldovaSpain (including the Balearic Islands and the Canary Islands)
BulgariaIcelandMonacoSweden
CroatiaRepublic of IrelandMontenegroSwitzerland
CyprusIsle of ManMoroccoTunisia
Czech RepublicItaly (including Sicily and Sardinia)NetherlandsTurkey
Denmark (including the Faroe Islands)JerseyNorway (including Svalbard)Ukraine
EstoniaRepublic of KosovoPolandWestern Sahara
Part 2 E+W+S+N.I.Part 2 territories
AfghanistanEgyptKazakhstanSaudi Arabia
ArmeniaEquatorial GuineaKuwaitSenegal
AzerbaijanEritreaKyrgyzstanSierra Leone
BahrainEthiopiaLebanonSudan
BeninGabonLiberiaSyria
BermudaGambiaMaliTajikistan
Burkina FasoGeorgiaMauritaniaTogo
CameroonGhanaNigerTurkmenistan
CanadaGuineaNigeriaUganda
Cape VerdeGuinea-BissauOmanUnited Arab Emirates
Central African RepublicIranPakistanUnited States of America
ChadIraqQatarUzbekistan
Democratic Republic of CongoIsrael and the Occupied Palestinian TerritoriesRussian Federation, east of the UralsYemen
Republic of CongoIvory CoastSaint Pierre and Miquelon
DjiboutiJordanSao Tome and Principe
Part 3 E+W+S+N.I.Part 3 territories
AngolaCubaMacao SARSaint Helena
AnguillaDominicaMadagascarSaint Lucia
Antigua and BarbudaDominican RepublicMalawiSaint Martin
ArubaEcuadorMaldivesSaint Vincent and the Grenadines
Ascension IslandEl SalvadorMartiniqueSeychelles
BahamasFrench GuianaMauritiusSomalia
BangladeshGrenadaMayotteSouth Africa
BarbadosGuadeloupeMexicoSri Lanka
BelizeGuatemalaMongoliaSuriname
BhutanGuyanaMontserratSwaziland
BotswanaHaitiMozambiqueTanzania
BrazilHondurasNamibiaThailand
British Indian Ocean TerritoryHong Kong SARNepalTrinidad and Tobago
British Virgin IslandsIndiaNetherlands AntillesTurks and Caicos Islands
BurmaJamaicaNicaraguaVenezuela
BurundiJapanPanamaVietnam
Cayman IslandsKenyaPuerto RicoVirgin Islands
ChinaNorth KoreaReunionZambia
ColombiaSouth KoreaRwandaZimbabwe.
ComorosLaosSaint Barthelemy
Costa RicaLesothoSaint Christopher and Nevis (St Kitts and Nevis)

Consequential repealsE+W+S+N.I.

6In consequence of the amendments made by section 17 and this Schedule, omit—E+W+S+N.I.

(a)in FA 1995, section 15,

(b)in FA 2000, in section 18—

(i)subsections (1) to (5), and

(ii)subsection (7),

(c)in FA 2002, section 121, and

(d)in FA 2007, section 12.

Commencement etcE+W+S+N.I.

7The amendments made by paragraphs 2(3) and 6(a), (b)(i), (c) and (d) have effect in relation to the carriage of passengers beginning on or after 1 November 2009.E+W+S+N.I.

8(1)No agreement for Chapter 4 of Part 1 of FA 1994 to have effect in relation to a registered operator in accordance with a special accounting scheme pursuant to section 39 of FA 1994 as substituted by paragraph 3 may be made so as to have effect as respects the carriage of passengers beginning before 1 November 2009.E+W+S+N.I.

(2)Nothing in this Schedule affects the continuing operation of, or of schemes prepared under, that section as it has effect immediately before this Act is passed as respects the carriage of passengers beginning before 1 November 2009.

Section 23

SCHEDULE 6E+W+S+N.I.Temporary extension of carry back of losses

Income taxE+W+S+N.I.

1(1)A person who has made a loss in a trade in the tax year 2008-09 or 2009-10 may make a claim for relief under this paragraph if—E+W+S+N.I.

(a)relief is available to the person under section 64 of ITA 2007 (trade loss relief against general income) in relation to an amount of the loss (“the section 64 amount”), and

(b)condition A or B is met.

(2)Condition A is that the person makes a claim under that section for relief in respect of the section 64 amount—

(a)where it is a loss made in the tax year 2008-09, for either or both of the tax years 2007-08 and 2008-09, or

(b)where it is a loss made in the tax year 2009-10, for either or both of the tax years 2008-09 and 2009-10.

(3)Condition B is that—

(a)where it is a loss made in the tax year 2008-09, for the tax years 2007-08 and 2008-09, or

(b)where it is a loss made in the tax year 2009-10, for the tax years 2008-09 and 2009-10,

the person's total income is nil or does not include any income from which a deduction could be made in pursuance of a claim under that section for relief in respect of the section 64 amount.

(4)The amount of the loss that may be relieved under this paragraph (“the deductible amount”) is—

(a)in a case where condition A is met, so much of the section 64 amount as cannot be relieved pursuant to the claim under section 64 of ITA 2007, and

(b)in a case where condition B is met, the whole of the section 64 amount,

(but see sub-paragraph (12)).

(5)A claim for relief under this paragraph is for the deductible amount to be deducted (in accordance with sub-paragraph (6) and with whichever is applicable of sub-paragraphs (7), (8), (9) and (10))—

(a)where it is a loss made in the tax year 2008-09, in either or both of the following ways—

(i)in computing the person's total income for either or both of the tax years 2005-06 and 2006-07 in accordance with section 835 of ICTA, and

(ii)in calculating the person's net income for the tax year 2007-08 in accordance with Step 2 of the calculation in section 23 of ITA 2007 (which applies as if this paragraph were a provision listed in section 24 of that Act), or

(b)where it is a loss made in the tax year 2009-10, in either or both of the following ways—

(i)in computing the person's total income for the tax year 2006-07 in accordance with section 835 of ICTA, and

(ii)in calculating the person's net income for either or both of the tax years 2007-08 and 2008-09 in accordance with Step 2 of the calculation in section 23 of ITA 2007 (which applies as if this paragraph were a provision listed in section 24 of that Act).

(6)A deduction is to be made only from profits of the trade (and accordingly, in relation to the tax years 2007-08 and 2008-09, subsection (2) of section 25 of ITA 2007 has effect as if this sub-paragraph were included in subsection (3) of that section).

(7)This sub-paragraph explains how the deductions are to be made in a case where the loss is made in the tax year 2008-09 and the person makes a claim under section 64 of ITA 2007 for relief in respect of the section 64 amount for the tax year 2007-08.

Step 1

Deduct the deductible amount from the profits of the trade for the tax year 2006-07.

Step 2

Deduct from the profits of the trade for the tax year 2005-06 so much of the deductible amount as has not been deducted under Step 1.

(8)This sub-paragraph explains how the deductions are to be made in any other case where the loss is made in the tax year 2008-09.

Step 1

Deduct the deductible amount from the profits of the trade for the tax year 2007-08.

Step 2

Deduct from the profits of the trade for the tax year 2006-07 so much of the deductible amount as has not been deducted under Step 1.

Step 3

Deduct from the profits of the trade for the tax year 2005-06 so much of the deductible amount as has not been deducted under Step 1 or 2.

(9)This sub-paragraph explains how the deductions are to be made in a case where the loss is made in the tax year 2009-10 and the person makes a claim under section 64 of ITA 2007 for relief in respect of the section 64 amount for the tax year 2008-09.

Step 1

Deduct the deductible amount from the profits of the trade for the tax year 2007-08.

Step 2

Deduct from the profits of the trade for the tax year 2006-07 so much of the deductible amount as has not been deducted under Step 1.

(10)This sub-paragraph explains how the deductions are to be made in any other case where the loss is made in the tax year 2009-10.

Step 1

Deduct the deductible amount from the profits of the trade for the tax year 2008-09.

Step 2

Deduct from the profits of the trade for the tax year 2007-08 so much of the deductible amount as has not been deducted under Step 1.

Step 3

Deduct from the profits of the trade for the tax year 2006-07 so much of the deductible amount as has not been deducted under Step 1 or 2.

(11)The provision made by the preceding provisions means that the following sections of ITA 2007 apply in relation to relief under this paragraph as in relation to relief under section 64 of that Act—

(a)section 66 to 70 (restrictions on relief under section 64),

(b)sections 74B to 74D (general restrictions on relief),

(c)sections 75 to 79 (restrictions on relief under section 64 and early trade losses relief in relation to capital allowances),

(d)section 80 (restrictions on those reliefs in relation to ring fence income), and

(e)section 81 (restrictions on those reliefs in relation to dealings in commodity futures).

(12)The total amount that may be deducted in accordance with sub-paragraph (7), or in accordance with Steps 2 and 3 in sub-paragraph (8), is limited to £50,000; and the total amount that may be deducted in accordance with sub-paragraph (9), or in accordance with Steps 2 and 3 in sub-paragraph (10), is also limited to £50,000.

2(1)A claim for relief under paragraph 1 must be made—E+W+S+N.I.

(a)where the relief is in respect of a loss made in the tax year 2008-09, on or before the first anniversary of the normal self-assessment filing date for that tax year, and

(b)where the relief is in respect of a loss made in the tax year 2009-10, on or before the first anniversary of the normal self-assessment filing date for that tax year.

(2)Paragraph 1 applies to professions and vocations as it applies to trades.

(3)Paragraph 1 is subject to paragraph 2 of Schedule 1B to TMA 1970 (claims for loss relief involving 2 or more years).

(4)Sections 61 to 63 of ITA 2007 (meaning of “making a loss in a tax year” etc and prohibition against double counting) have effect as if paragraph 1 were included in Chapter 2 of Part 4 of that Act.

(5)Subsections (1) to (3) of section 127 of that Act (UK furnished holiday lettings business treated as trade) have effect as if paragraph 1 were included in Part 4 of that Act.

(6)The reference in paragraph 3(1) of Schedule 2 to the Social Security Contributions and Benefits Act 1992 and the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (levy of Class 4 contributions with income tax) to section 64 of ITA 2007 includes paragraph 1.

Corporation taxE+W+S+N.I.

3(1)Section 393A of ICTA (losses: set off against profits of same or earlier accounting period) has effect in relation to any loss to which this paragraph applies as if, in subsection (2) of that section, “3 years” were substituted for “ twelve months ” (but subject as follows).E+W+S+N.I.

(2)This paragraph applies to any loss incurred by a company in a trade in a relevant accounting period (but subject to sub-paragraph (3)); and a relevant accounting period is one ending after 23 November 2008 and before 24 November 2010.

(3)The maximum amount of loss to which this paragraph applies in the case of any company is—

(a)£50,000 in relation to losses incurred in relevant accounting periods ending after 23 November 2008 and before 24 November 2009, and

(b)£50,000 in relation to losses incurred in relevant accounting periods ending after 23 November 2009 and before 24 November 2010;

and the overall limit or limits apply whether a loss is incurred by the company in only one relevant accounting period or losses are so incurred in more than one such period.

(4)Subject to that, if in the case of the company the length of a relevant accounting period is less than one year, the maximum amount of the loss incurred in that period that may be set off under section 393A of ICTA by virtue of this paragraph is the relevant proportion of £50,000.

(5)“The relevant proportion” is—

where—

RAP is the number of days in the relevant accounting period, and

Y is 365.

(6)The reference in subsection (2C) of section 393A of ICTA to so much of the loss referred to in that subsection not falling within subsection (2B) of that section as does not exceed the amount of the allowance mentioned in subsection (2C)(b) (“the subsection (2C) loss”) has effect in relation to a relevant accounting period as a reference to so much of the subsection (2C) loss as exceeds that which can be set off under section 393A of ICTA by virtue of this paragraph.

Section 26

SCHEDULE 7E+W+S+N.I.Contaminated and derelict land

Part 1 E+W+S+N.I.Amendments of Part 14 of CTA 2009

1Part 14 of CTA 2009 (remediation of contaminated land) is amended as follows.E+W+S+N.I.

2In the heading of the Part, after “contaminated” insert or derelict.E+W+S+N.I.

3(1)Section 1143 (overview of Part) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after “contamination” insert “ or dereliction ”.

(3)In subsection (7), after “contaminated” insert “ or derelict ”.

4(1)Section 1144 (“qualifying land remediation expenditure”) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “E” substitute “ F ”.

(3)In subsection (2), insert at the end “or a derelict state (see section 1145A)”.

(4)In subsection (3), after “contaminated” insert “ or derelict ”.

(5)For subsection (4) substitute—

(4)Condition C is that it is—

(a)in the case of land in a contaminated state, expenditure on relevant contaminated land remediation undertaken by the company (see section 1146), or

(b)in the case of land in a derelict state, expenditure on relevant derelict land remediation so undertaken (see section 1146A).

(6)In subsection (5), for paragraph (c) (and the “or” before it) substitute—

(c)incurred in respect of relevant land remediation contracted out by the company to another person with whom the company is not connected, or

(d)qualifying expenditure on connected sub-contracted land remediation (see section 1175).

(7)After subsection (6) insert—

(6A)Condition F is that the expenditure is not incurred on landfill tax.

5For section 1145 substitute—E+W+S+N.I.

1145Land “in a contaminated state”

(1)For the purposes of this Part land is in a contaminated state if (and only if), because of something in, on or under the land, the land is in a condition such that—

(a)relevant harm is being caused, or

(b)there is a serious possibility that relevant harm will be caused.

(2)But land is not in a contaminated state by reason of the presence in, on or under it of—

(a)living organisms or decaying matter deriving from living organisms, air or water, or

(b)anything present otherwise than as a result of industrial activity.

(3)The Treasury may by order specify circumstances in which subsection (2) is not to apply to the extent specified in the order; and an order under this subsection may contain incidental, supplemental, consequential and transitional provision and savings.

(4)In this section “relevant harm” means—

(a)death of living organisms or significant injury or damage to living organisms,

(b)significant pollution of controlled waters,

(c)a significant adverse impact on the ecosystem, or

(d)structural or other significant damage to buildings or other structures or interference with buildings or other structures that significantly compromises their use.

1145ALand “in a derelict state”

For the purposes of this Part land is in a derelict state if (and only if) the land—

(a)is not in productive use, and

(b)cannot be put into productive use without the removal of buildings or other structures.

1145BExclusion of nuclear sites

(1)A nuclear site is not land in a contaminated state or land in a derelict state for the purposes of this Part.

(2)Nuclear site” means—

(a)any site in respect of which a nuclear site licence is for the time being in force, or

(b)any site in respect of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not yet come to an end.

(3)In subsection (2) “nuclear site licence”, “licensee” and “period of responsibility” have the same meaning as in the Nuclear Installations Act 1965.

6(1)Section 1146 (“relevant land remediation”) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “land remediation”, in relation to land” substitute “contaminated land remediation”, in relation to land which is in a contaminated state and in which a major interest has been”, and

(b)for “and B” substitute “ to C ”.

(3)In subsection (3)—

(a)in paragraph (a), for “harm, or any pollution of controlled waters,” substitute “ relevant harm ”, and

(b)omit paragraph (b) (and the “or” before it).

(4)After that subsection insert—

(3A)Condition C is that the activities are not—

(a)activities of a description specified by order made by the Treasury, or

(b)activities required by or by virtue of any enactment specified by such an order.

(3B)An order under subsection (3A) may contain incidental, supplemental, consequential and transitional provision and savings.

(5)In subsection (5), for the words after “(and only if)” substitute because of something in, on or under the land by virtue of which it is contaminated land, the land is in a condition such that—

(a)significant pollution of those waters is being caused, or

(b)there is a serious possibility that significant pollution of those waters will be caused.

(6)In the heading, after “relevant” insert contaminated.

7After that section insert—E+W+S+N.I.

1146A“Relevant derelict land remediation”

(1)For the purposes of this Part “relevant derelict land remediation”, in relation to land which is in a derelict state and in which a major interest has been acquired by a company, means—

(a)activities in relation to which conditions A and B are met, and

(b)if there are such activities, relevant preparatory activity.

(2)Condition A is that the activities comprise the doing of any works, the carrying out of any operations or the taking of any steps in relation to the land in question.

(3)Condition B is that the purpose of the activities is a purpose specified by order made by the Treasury.

(4)An order under subsection (3) may contain incidental, supplemental, consequential and transitional provision and savings.

(5)For the purposes of subsection (1)(b) “relevant preparatory activity” has the same meaning as for the purposes of subsection (1)(b) of section 1146 (see subsection (4) of that section, but reading the reference to subsection (1)(a) of that section as a reference to subsection (1)(a) of this section).

8In the heading of Chapter 2, after “contaminated” insert or derelict.E+W+S+N.I.

9(1)Section 1147 (deduction for capital expenditure) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after “that” insert “ a major interest in ”.

(3)For subsection (3) substitute—

(3)Condition B is that—

(a)in the case of land in a contaminated state, the land was in a contaminated state at the time of the acquisition, and

(b)in the case of land in a derelict state, the land was in a derelict state throughout the period beginning with the earlier of—

(i)1 April 1998, and

(ii)the date on which a major interest in the land was first acquired by the company or a person who was connected with the company.

(3A)The Treasury may by order—

(a)specify circumstances in which the condition in paragraph (a) of subsection (3) need not be met, or

(b)replace the date for the time being specified in paragraph (b)(i) of that subsection with a later date.

(3B)An order under subsection (3A) may contain incidental, supplemental, consequential and transitional provision and savings.

10(1)Section 1149 (additional deduction for qualifying land remediation expenditure) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after “that” insert “ a major interest in ”.

(3)For subsection (3) substitute—

(3)Condition B is that—

(a)in the case of land in a contaminated state, the land was in a contaminated state at the time of the acquisition, and

(b)in the case of land in a derelict state, the land was in a derelict state throughout the period beginning with the earlier of—

(i)1 April 1998, and

(ii)the date on which a major interest in the land was first acquired by the company or a person who was connected with the company.

(3A)The Treasury may by order—

(a)specify circumstances in which the condition in paragraph (a) of subsection (3) need not be met, or

(b)replace the date for the time being specified in paragraph (b)(i) of that subsection with a later date.

(3B)An order under subsection (3A) may contain incidental, supplemental, consequential and transitional provision and savings.

11(1)Section 1150 (no relief if company responsible for contamination) is amended as follows.E+W+S+N.I.

(2)The existing provision becomes subsection (1) of that section.

(3)In that subsection, for “state if the land is in that” substitute “ or derelict state if the land is in a contaminated or derelict ”.

(4)After that subsection insert—

(2)A company is not entitled to relief under this Chapter in respect of expenditure on land all or part of which is in a contaminated or derelict state if—

(a)the land is in that state wholly or partly as a result of any thing done, or omitted to be done, by a person not within subsection (1), and

(b)that person, or a person connected with that person, has a relevant interest in the land.

(3)For the purposes of subsection (2) a person has a relevant interest in land if the person—

(a)holds any interest in, right over or licence to occupy the land (including an option to acquire any such interest, right or licence in any circumstances), or

(b)has disposed of any estate or interest in the land for a consideration that to any extent reflects the impact, or likely impact, on the value of the land of the remediation of its contamination or dereliction.

(5)In the heading, insert at the end “or dereliction or polluter has interest”.

12(1)Section 1161 (relief in respect of I minus E basis: enhanced expenses payable) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after “that” insert “ a major interest in ”.

(3)For subsection (3) substitute—

(3)Condition B is that—

(a)in the case of land in a contaminated state, the land was in a contaminated state at the time of the acquisition by the company of a major interest in the land, and

(b)in the case of land in a derelict state, the land was in a derelict state throughout the period beginning with the earlier of—

(i)1 April 1998, and

(ii)the date on which a major interest in the land was first acquired by the company or a person who was connected with the company.

(3A)The Treasury may by order—

(a)specify circumstances in which the condition in paragraph (a) of subsection (3) need not be met, or

(b)replace the date for the time being specified in paragraph (b)(i) of that subsection with a later date.

(3B)An order under subsection (3A) may contain incidental, supplemental, consequential and transitional provision and savings.

(4)In subsection (4)—

(a)for “Chapter 4” substitute “ land remediation ”, and

(b)omit “(see section 1162)”.

(5)Omit subsection (5).

(6)In subsection (6), omit “150% of”.

(7)In the heading, omit “enhanced”.

(8)In the heading before the section omit “for qualifying Chapter 4 expenditure”.

13For section 1162 substitute—E+W+S+N.I.

1162Additional relief

(1)If a company is entitled to relief under section 1161 for an accounting period it is also entitled to relief under this section for the period.

(2)For the company to obtain the relief it must make a claim.

(3)The relief is that the company may treat 50% of the qualifying Chapter 4 expenditure as expenses payable which fall to be brought into account at Step 3 in section 76(7) of ICTA (deduction for expenses payable).

(4)For the purposes of this Chapter “the qualifying Chapter 4 expenditure” means—

(a)the company's qualifying land remediation expenditure for the accounting period, less

(b)the amount (if any) which as a result of paragraph (a) of Step 1 in section 76(7) of ICTA is not to be brought into account at that step as expenses payable for the period.

14(1)Section 1163 (no relief if company responsible for contamination) is amended as follows.E+W+S+N.I.

(2)The existing provision becomes subsection (1) of that section.

(3)In that subsection—

(a)after “1161” insert “ or 1162 ”, and

(b)for “state if the land is in that” substitute “ or derelict state if the land is in a contaminated or derelict ”.

(4)After that subsection insert—

(2)A company is not entitled to relief under this Chapter in respect of expenditure on land all or part of which is in a contaminated or derelict state if—

(a)the land is in that state wholly or partly as a result of any thing done, or omitted to be done, by a person not within subsection (1), and

(b)that person, or a person connected with that person, has a relevant interest in the land.

(3)For the purposes of subsection (2) a person has a relevant interest in land if—

(a)the person holds any interest in, right over or licence to occupy the land (including an option to acquire any such interest, right or licence in any circumstances), or

(b)has disposed of any estate or interest in the land for a consideration that to any extent reflects the impact, or likely impact, on the value of the land of the remediation of its contamination or dereliction.

(5)In the heading, insert at the end “or dereliction or polluter has interest”.

15In section 1165(1)(a) (meaning of “qualifying life assurance business loss”), after “1161” insert “ or 1162 ”.E+W+S+N.I.

16In section 1169(2)(c) and (3)(c) (artificially inflated claims for relief), after “1161” insert “ or 1162 ”.E+W+S+N.I.

17(1)Section 1173 (expenditure incurred because of contamination) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2), after “contaminated” insert “ or derelict ”.

(3)For subsection (3) substitute—

(3)Subsection (4) applies—

(a)in the case of land in a contaminated state, if the main purpose of any activities is any of those specified in section 1146(3), or

(b)in the case of land in a derelict state, if the main purpose of any activities is any of those specified in section 1146A(3).

(4)In the heading, insert at the end “or dereliction”.

18Omit section 1174 (sub-contractor payments: introductory).E+W+S+N.I.

19(1)Section 1175 (“qualifying expenditure on sub-contracted land remediation”: connected persons) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)In this section, a “sub-contractor payment” means a payment made by the company to the sub-contractor in respect of relevant land remediation contracted out by the company to the sub-contractor.

(3)In subsection (2), for “sub-contracted land remediation” substitute “connected sub-contracted land remediation” for the purposes of section 1144(5)”.

(4)In subsection (3)—

(a)in paragraph (a), after “carrying on” insert “ or arranging for carrying on ”, and

(b)in paragraph (c) for “incurred on” substitute “ in respect of ”.

(5)For the heading substitute “Connected sub-contractors”.

20Omit section 1176 (“qualifying expenditure on sub-contracted land remediation”: other cases).E+W+S+N.I.

21In section 1178 (persons having a “relevant connection” to a company)—E+W+S+N.I.

(a)after “contaminated” insert “ or derelict ”, and

(b)in paragraph (b), after “when” insert “ a major interest in ”.

22After section 1178 insert—E+W+S+N.I.

1178A“Major interest in land”

(1)References in this Part to the acquisition of a major interest in land are to the acquisition of a freehold interest in the land or of a relevant leasehold interest in the land.

(2)The reference in subsection (1) to the acquisition of a freehold interest in land is—

(a)in relation to land in England and Wales, to the acquisition of an estate in fee simple absolute (whether subsisting at law or in equity),

(b)in relation to land in Scotland, to the acquisition of the interest of an owner of land, and

(c)in relation to land in Northern Ireland, to the acquisition of any freehold estate (whether subsisting at law or in equity).

(3)The reference in subsection (1) to the acquisition of a relevant leasehold interest in land is to the acquisition by grant or assignment (or assignation) of—

(a)in relation to land in England and Wales, a term of years absolute (whether subsisting at law or in equity),

(b)in relation to land in Scotland, the tenant's right over or interest in a property subject to a lease, or

(c)in relation to land in Northern Ireland, any leasehold estate (whether subsisting at law or in equity),

in relation to which the condition in subsection (4) is met.

(4)That condition is that—

(a)in the case of a grant, the term of years or period of the lease is at least 7 years, and

(b)in the case of an assignment (or assignation) the unexpired portion of the term or period is at least 7 years.

23In section 1179 (definitions), omit the definitions of “harm” and “land” and the definition of “substance” (apart from the “and” at the end).E+W+S+N.I.

Part 2 E+W+S+N.I.Amendments of other enactments

ICTAE+W+S+N.I.

24In section 76(7) of ICTA (expenses of insurance companies), in step 3—E+W+S+N.I.

(a)for “1161” substitute “ 1162 ”,

(b)for “150%” substitute “ 50% additional ”, and

(c)after “contaminated” insert “ or derelict ”.

FA 1998E+W+S+N.I.

25In Schedule 18 to FA 1998 (company tax returns etc), in the heading of Part 9B, after “contaminated” insert or derelict.E+W+S+N.I.

CTA 2009E+W+S+N.I.

26(1)Schedule 4 to CTA 2009 (index of expressions) is amended as follows.E+W+S+N.I.

(2)After the entry relating to “deposit back arrangements” insert—

derelict state (in relation to land) (in Part 14)section 1145A.

(3)Omit the entries relating to “harm (in Part 14)” and “land (in Part 14)”.

(4)After the entry relating to “major interest (in Chapter 12 of Part 8)” insert—

major interest in land (in Part 14)section 1178A.

(5)After the entry relating to “relevant consortium creditor relationship (in Chapter 7 of Part 5)” insert—

relevant contaminated land remediation (in Part 14)section 1146.

(6)After the entry relating to “relevant debits (in Part 8)” insert—

relevant derelict land remediation (in Part 14)section 1146A.

(7)Omit the references relating to “relevant land remediation (in Part 14)”, “sub-contractor payment (and sub-contractor) (in Chapter 6 of Part 14)” and “substance (in Part 14)”.

Part 3 E+W+S+N.I.Commencement

27Any power to make orders which is conferred on the Treasury by virtue of an amendment of CTA 2009 made by this Schedule may be exercised at any time after this Act is passed; and any order made by virtue of any such amendment before 6 April 2010 may make provision having effect in relation to expenditure incurred on or after 1 April 2009.E+W+S+N.I.

28Subject to that, the amendments made by this Schedule have effect in relation to expenditure incurred on or after 1 April 2009; and for this purpose no account is to be taken of section 61 of CTA 2009 (earlier expenditure treated as incurred when trade started).E+W+S+N.I.

Section 27

SCHEDULE 8E+W+S+N.I.Venture capital schemes

Enterprise investment schemeE+W+S+N.I.

1Schedule 5B to TCGA 1992 (enterprise investment scheme: re-investment) is amended as follows.E+W+S+N.I.

2(1)Paragraph 1(2) (application of Schedule) is amended as follows.E+W+S+N.I.

(2)For paragraphs (g) and (h) substitute and

(g)all of the money raised by the issue of the shares (other than any of them which are bonus shares) is, no later than the time mentioned in section 175(3) of ITA 2007, employed wholly for the purpose of that activity,.

(3)In the words following the paragraphs, for “conditions in paragraphs (g) and (h) above do” substitute “ condition in paragraph (g) above does ”.

3(1)Paragraph 1A (failure of conditions of application) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (4)—

(a)omit “or (h)”, and

(b)for “sub-paragraph (4A) below” substitute “ section 175(3) of ITA 2007 ”.

(3)Omit sub-paragraph (4A).

4(1)Paragraph 9 (other reconstructions and amalgamations) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (1) substitute—

(1)This paragraph applies if section 135 or 136 (company reconstructions) applies in relation to shares to which deferral relief, but not relief under Part 5 of ITA 2007 (or Chapter 3 of Part 7 of the Taxes Act), is attributable.

(1A)Paragraphs 3 and 4 of this Schedule have effect as if section 135 or 136 did not apply in relation to the shares.

(3)In sub-paragraph (2), for “Sub-paragraph (1) above shall not have effect to disapply section 135 or 136 where” substitute “ Sub-paragraph (1A) does not apply if ”.

(4)For sub-paragraph (3) substitute—

(3)Sub-paragraph (1A) does not apply if paragraph 8 applies in relation to the shares.

5In paragraph 16 (information), omit sub-paragraph (4A).E+W+S+N.I.

6(1)Section 158 of ITA 2007 (form and amount of EIS relief) is amended as follows.E+W+S+N.I.

(2)In subsection (4), omit—

(a)“Subject to subsection (5),”, and

(b)“before 6 October”.

(3)Omit subsection (5).

7(1)Section 175 of that Act (use of money raised requirement) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)The requirement of this section is that all of the money raised by the issue of the relevant shares (other than any of them which are bonus shares) is, no later than the time mentioned in subsection (3), employed wholly for the purpose of the qualifying business activity for which it was raised.

(3)In subsection (2), for “requirements in subsection (1)(a) and (b) do” substitute “ requirement in subsection (1) does ”.

(4)In subsection (3)—

(a)for “subsection (1)(a)” substitute “ subsection (1) ”, and

(b)for “12 months” (in both places) substitute “ two years ”.

Corporate venturing schemeE+W+S+N.I.

8(1)Paragraph 36 of Schedule 15 to FA 2000 (corporate venturing scheme: requirement as to money raised) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1), for “At least 80%” substitute “ All ”.

(3)Omit sub-paragraph (1A).

(4)In sub-paragraph (1B), for “12 months” (in both places) substitute “ two years ”.

(5)In sub-paragraph (1C), for “Sub-paragraphs (1) and (1A) are” substitute “ Sub-paragraph (1) is ”.

(6)In sub-paragraph (5) omit “does not apply and the requirement of sub-paragraph (1A)”.

Venture Capital TrustsE+W+S+N.I.

9(1)Section 293 of ITA 2007 (use of money raised requirement) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)The requirement of this section is that—

(a)less than two years has passed since the trading time, or

(b)at least two years has passed since the trading time and all of the money raised by the issue of the relevant holding has been employed wholly for the purposes of a relevant qualifying activity.

(3)Omit subsections (2) to (4).

Consequential repealsE+W+S+N.I.

10In consequence of the amendments made by paragraphs 2, 3 and 5, omit—E+W+S+N.I.

(a)in FA 2001, in Schedule 15, paragraphs 26 to 28,

(b)in FA 2004, in Schedule 18, paragraph 13(1)(f), and

(c)in ITA 2007, in Schedule 1, paragraph 345(2)(b), (3)(a) and (13)(b).

CommencementE+W+S+N.I.

11The amendments made by paragraphs 2, 3, 5, 7, 8 and 10 have effect in relation to shares issued on or after 22 April 2009.E+W+S+N.I.

12The amendments made by paragraph 4 have effect in relation to—E+W+S+N.I.

(a)any exchange of shares to which section 135 of TCGA 1992 applies, where the new holding is issued on or after 22 April 2009, and

(b)any arrangement within section 136(1) of that Act entered into on or after that date.

13(1)The amendments made by paragraph 6 have effect as follows.E+W+S+N.I.

(2)The amendments made by sub-paragraph (2) have effect in relation to shares issued in the tax year 2009-10 or a subsequent tax year.

(3)The amendment made by sub-paragraph (3) has effect in relation to claims made under section 158(4) of ITA 2007 in respect of shares issued in the tax year 2009-10 or a subsequent tax year.

14The amendments made by paragraph 9 have effect in relation to shares or securities issued on or after 22 April 2009.E+W+S+N.I.

Section 28

SCHEDULE 9E+W+S+N.I.Group relief: preference shares

Amendments of Schedule 18 to ICTAE+W+S+N.I.

1Schedule 18 to ICTA (definitions relating to group relief) is amended as follows.E+W+S+N.I.

2(1)Paragraph 1 is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2), for “fixed-rate” substitute “ relevant ”.

(3)In sub-paragraph (3)—

(a)for “fixed-rate” substitute “ relevant ”,

(b)for paragraph (c) substitute—

(c)either—

(i)do not carry a right to dividends, or

(ii)carry a right to dividends to which paragraph 1A applies; and, and

(c)in paragraph (d), for “that new consideration” substitute “ the new consideration received by the company in respect of the issue of the shares ”.

3After that paragraph insert—E+W+S+N.I.

1A(1)This paragraph applies to a right to dividends carried by shares in a company if—

(a)the dividends represent no more than a reasonable commercial return on the new consideration received by the company in respect of the issue of the shares, and

(b)condition A, B or C is met.

(2)Condition A is that—

(a)the dividends are of a fixed amount or at a fixed rate per cent of the nominal value of the shares, and

(b)the company is not entitled by virtue of any term subject to which the shares are issued or held to reduce the amount of, or not to pay, any of the dividends.

(3)Condition B is that—

(a)the dividends are of a rate per cent of the nominal value of the shares and the rate fluctuates in accordance with—

(i)a standard published rate of interest, or

(ii)the retail prices index, or any similar general index of prices which is published by the government, or by an agent of the government, of the country or territory in whose currency the shares are denominated, and

(b)the company is not entitled by virtue of any term subject to which the shares are issued or held to reduce the amount of, or not to pay, any of the dividends.

(4)Condition C is that condition A or B would be met but for sub-paragraph (2)(b) or (3)(b), and—

(a)the company is only entitled to reduce the amount of, or not to pay, any of the dividends in relevant circumstances, or

(b)having regard to all the circumstances, it is reasonable to assume that the company is only likely to reduce the amount of, or not to pay, any of the dividends in relevant circumstances.

(5)For the purposes of sub-paragraph (4) a company reduces the amount of, or does not pay, dividends “in relevant circumstances” if—

(a)at the time the dividend is or would be payable, the company is in severe financial difficulties, or

(b)it does so for the purpose of following a recommendation of a relevant regulatory body.

(6)The Treasury may by order specify circumstances in which a company is to be treated as in severe financial difficulties for the purposes of sub-paragraph (5)(a).

(7)In sub-paragraph (5)(b) “relevant regulatory body” means—

(a)in relation to a dividend paid by a company that is authorised for the purposes of the Financial Services and Markets Act 2000, the Financial Services Authority, and

(b)in relation to a dividend paid by any other company, a body discharging functions in relation to the company under the law of a country or territory outside the United Kingdom that correspond to functions discharged by the Financial Services Authority in relation to a company authorised as mentioned in paragraph (a).

(8)In this paragraph “new consideration” has the same meaning as in section 254.

4In paragraph 5B(4)(b), for “fixed-rate” substitute “ relevant ”.E+W+S+N.I.

CommencementE+W+S+N.I.

5The amendments made by this Schedule have effect for accounting periods beginning on or after 1 January 2008.E+W+S+N.I.

Election to opt out of changes in relation to pre-existing etc sharesE+W+S+N.I.

6If a company so elects, the amendments made by this Schedule do not have effect in relation to shares issued by the company—E+W+S+N.I.

(a)before 18 December 2008, or

(b)on or after that date under an agreement entered into before that date.

7An election under paragraph 6—E+W+S+N.I.

(a)must be made by the company by being included in its company tax return for the first accounting period of the company beginning on or after 1 January 2008 (and may be included in the return originally made or by amendment), and

(b)is irrevocable.

Paragraph 2(7) of Schedule 25 to ICTAE+W+S+N.I.

8The amendments made by this Schedule do not have effect for the purposes of paragraph 2(7) of Schedule 25 to ICTA (controlled foreign companies: definition of non-voting fixed-rate preference shares).E+W+S+N.I.

Section 29

SCHEDULE 10E+W+S+N.I.Sale of lessor companies etc: reforms

IntroductionE+W+S+N.I.

1Schedule 10 to FA 2006 (sale etc of lessor companies etc) is amended as follows.E+W+S+N.I.

Paragraph 7E+W+S+N.I.

2(1)Paragraph 7 (provision for purposes of condition A in paragraph 6) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (8)(b), for “acquires any plant or machinery directly or indirectly from a person who is connected with the company” substitute “ acquired any plant or machinery in circumstances in which this paragraph applies ”.

(3)For sub-paragraph (9) substitute—

(9)Paragraph (b) of sub-paragraph (8) above applies if—

(a)the relevant day falls on or after 22 March 2006,

(b)the plant or machinery was acquired directly or indirectly from a person who was connected with the company when the acquisition took place, and

(c)either the acquisition took place on or after 5 December 2005 or the person from whom the plant or machinery was so acquired was also connected with the company on that date.

Paragraph 13AE+W+S+N.I.

3After paragraph 13 insert—E+W+S+N.I.

No qualifying change of ownership where principal company's interest in consortium company unchangedE+W+S+N.I.

13A(1)This paragraph applies if—

(a)a company (“company A”) is owned by a consortium, and

(b)a relevant change in the relationship between company A and a principal company of company A occurs on any day,

but the principal company's interest in company A remains unchanged.

(2)For the purposes of this Schedule, there is no qualifying change of ownership in relation to company A on that day as a result of that change in that relationship.

(3)For the purposes of this paragraph the principal company's interest in company A remains unchanged if the percentage of the ordinary share capital of company A that is beneficially owned directly or indirectly by the principal company is the same at the beginning and end of that day.

(4)Section 838(2) and (4) to (10) of ICTA apply for construing sub-paragraph (3).

Paragraph 17E+W+S+N.I.

4(1)Paragraph 17 (meaning of “PM” in paragraph 16) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (7)(b), for “acquires any plant or machinery directly or indirectly from a person who is connected with the company” substitute “ acquired any plant or machinery in circumstances in which this paragraph applies ”.

(3)For sub-paragraph (8) substitute—

(8)Paragraph (b) of sub-paragraph (7) above applies if—

(a)the relevant day falls on or after 22 March 2006,

(b)the plant or machinery was acquired directly or indirectly from a person who was connected with the company when the acquisition took place, and

(c)either the acquisition took place on or after 5 December 2005 or the person from whom the plant or machinery was so acquired was also connected with the company on that date.

Paragraph 23E+W+S+N.I.

5In paragraph 23 (leasing business carried on by company in partnership: change in company's interest in business), for sub-paragraph (6) substitute—E+W+S+N.I.

(6)This paragraph is subject to paragraph 23A and is supplemented by paragraph 24.

Paragraph 23AE+W+S+N.I.

6After that paragraph insert—E+W+S+N.I.

23A(1)Paragraph 23 does not apply where conditions A, B and C are met.

(2)Condition A is that at the end of the relevant day none of the companies by which the business was carried on any longer have any share in the profits or loss of the business.

(3)Condition B is that, in consequence of what happens on the relevant day, the disposal value of all of the plant and machinery which was used for the purposes of the business and in respect of which capital allowances have been claimed is to be brought into account under section 61 of CAA 2001.

(4)Condition C is that the disposal value to be brought into account in relation to all of the plant or machinery is the price which the plant or machinery would fetch in the open market on that day.

Paragraph 32E+W+S+N.I.

7(1)Paragraph 32 (leasing business carried on by a company in partnership: amount of expense) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)—

(a)in sub-paragraph (c), for “increases at any time on” substitute “ is greater at the end of that day than at the start of ”, and

(b)in sub-paragraph (d), omit “at that time” (in both places).

(3)For sub-paragraph (3) substitute—

(3)The appropriate percentage is—

where—

OCI is the increase in the other company's percentage share in the profits or losses of the business which is wholly attributable to the change in the partner company's interest in the business, and

PCD is the decrease in the partner company's percentage share in the profits or losses of the business.

Paragraph 39E+W+S+N.I.

8(1)Paragraph 39 (relief for expense otherwise giving rise to carried forward loss) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)—

(a)in paragraph (c), insert at the end “or a later accounting period,”,

(b)in paragraph (d), after “company” insert “ after the accounting period in which the loss is made ”, and

(c)in paragraph (e), for “12 months beginning with” substitute “ 5 years beginning immediately after ”.

(3)In subsection (1A)—

(a)in paragraph (b), for “, and” substitute “ or a later accounting period, ”,

(b)in paragraph (c), after “company” insert “ after the accounting period in which the loss is made ”, and

(c)after that paragraph insert and

(d)the subsequent accounting period starts within the period of 5 years beginning with the day that is the relevant day within the meaning of paragraph 23(1) and does not start as a result of paragraph 3 or 33.

(4)In sub-paragraph (2)—

(a)after “33” insert “ or this sub-paragraph ”, and

(b)for “an expense” substitute “ giving rise to an expense of the relevant amount ”.

(5)After that sub-paragraph insert—

(2A)The relevant amount is the amount of the loss treated as an expense increased by—

where—

D is the number of days in the accounting period in which the loss is made, and

R is the percentage rate applicable to section 826 of ICTA under section 178 of FA 1989.

(6)In sub-paragraph (3), after “The” insert “ amount of the ”.

(7)In sub-paragraph (4)—

(a)after “33” insert “ or this paragraph ”, and

(b)for “the expense under that paragraph” substitute “ that expense ”.

CommencementE+W+S+N.I.

9(1)The amendments made by paragraph 8 have effect in relation to losses incurred in accounting periods ending on or after 22 April 2009.E+W+S+N.I.

(2)The other amendments made by this Schedule have effect where the relevant day is on or after that date.

Section 30

SCHEDULE 11E+W+S+N.I.Tax relief for business expenditure on cars and motor cycles

Part 1 E+W+S+N.I.Capital allowances

Plant and machinery allowances for cars and motor cyclesE+W+S+N.I.

1Part 2 of CAA 2001 (plant and machinery allowances) is amended as follows.E+W+S+N.I.

2In section 38B (general exclusions from AIA qualifying expenditure), in general exclusion 2, for “81” substitute “ 268A ”.E+W+S+N.I.

3In section 46(2) (general exclusions from first year allowances), in general exclusion 2, for “81” substitute “ 268A ”.E+W+S+N.I.

4Omit sections 74 to 79 (cars above the cost threshold).E+W+S+N.I.

5Omit section 81 (extended meaning of “car”) and section 82 (qualifying hire cars).E+W+S+N.I.

6In section 84 (cases in which short-life asset treatment is ruled out), in the Table, in item 3, in the first column, for “81” substitute “ 268A ”.E+W+S+N.I.

7(1)Section 104A (special rate expenditure) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a), after “the” insert “ first ”,

(b)omit “and” at the end of paragraph (c), and

(c)insert at the end , and

(e)expenditure incurred on or after the second relevant date on the provision of a car that is not a main rate car.

(3)In subsection (2), after “The” insert “ first ”.

(4)After that subsection insert—

(3)The second relevant date is—

(a)for corporation tax purposes, 1 April 2009, and

(b)for income tax purposes, 6 April 2009.

(4)In this section—

  • car” has the meaning given in section 268A;

  • main rate car” has the meaning given in section 104AA.

8After that section insert—E+W+S+N.I.

104AAMeaning of “main rate car”

(1)Main rate car” means—

(a)a car that is first registered before 1 March 2001,

(b)a car that has low CO2 emissions, or

(c)a car that is electrically-propelled.

(2)For the purposes of this section a car has low CO2 emissions if it meets conditions A and B.

(3)Condition A is that, when the car is first registered, it is so registered on the basis of a qualifying emissions certificate.

(4)Condition B is that the applicable CO2 emissions figure in relation to the car does not exceed 160 grams per kilometre driven.

(5)The Treasury may by order amend the amount from time to time specified in subsection (4).

(6)An order under subsection (5) may contain transitional provision and savings.

(7)In this section—

  • “applicable CO2 emissions figure” and “qualifying emissions certificate” have the meanings given in section 268C;

  • car” has the meaning given in section 268A;

  • electrically-propelled” has the meaning given in section 268B.

9After section 104E insert—E+W+S+N.I.

104FSpecial rate cars: discontinued activity continued by relevant company

(1)This section applies if—

(a)a company (“the taxpayer”) has incurred special rate expenditure within section 104A(1)(e) (expenditure on a car other than a main rate car) to which section 104C applies (allocation to special rate pool),

(b)the qualifying activity carried on by the taxpayer is permanently discontinued, and

(c)conditions A, B and C are met.

(2)Condition A is that the qualifying activity carried on by the taxpayer consisted of or included (other than incidentally) making cars available to other persons.

(3)Condition B is that, at any time in the 6 months after the taxpayer's qualifying activity is permanently discontinued, the qualifying activity of a group relief company consists of or includes (other than incidentally) making cars available to other persons.

(4)Condition C is that the balancing allowance (“SBA”) to which the taxpayer would be entitled (but for this section) in respect of the special rate pool is greater than—

where—

BC is the total of the balancing charges (if any) to which the taxpayer is liable for the final chargeable period in respect of any pool, and

OBA is the total of the balancing allowances to which the taxpayer is entitled for that period in respect of any pool other than the special rate pool.

For the purposes of this section if BC – OBA is a negative amount it is to be treated as if it were nil.

(5)The balancing allowance to which the taxpayer is entitled in respect of the special rate pool is reduced to an amount equal to BC — OBA.

(6)The relevant company is to be treated as having incurred qualifying expenditure within section 104A(1)(e) (“notional expenditure”), whether or not the relevant company owns cars previously owned by the taxpayer.

(7)The amount of the notional expenditure is an amount equal to the amount by which SBA exceeds BC — OBA.

(8)The relevant company is to be treated as having incurred the notional expenditure on the day after the end of the taxpayer's final chargeable period.

(9)If part of the chargeable period in which the relevant company is treated as incurring expenditure under this section (“the acquisition period”) overlaps with the taxpayer's penultimate chargeable period—

(a)the part of the expenditure which is proportional to that part of the acquisition period is not to be taken into account in determining the relevant company's available qualifying expenditure for the acquisition period, but

(b)this does not prevent that part of the expenditure being taken into account in determining the relevant company's available qualifying expenditure for any subsequent chargeable period.

(10)In this section—

  • car” has the meaning given in section 268A;

  • company” means any body corporate;

  • group relief company” means—

    (a)

    a company to which group relief under Chapter 4 of Part 10 of ICTA would be available (on the making of a claim) in respect of balancing allowances surrendered by the taxpayer in the taxpayer's final chargeable period, and

    (b)

    a company to which such relief would be available (on the making of a claim) in respect of balancing allowances surrendered by a company within paragraph (a);

  • main rate car” has the meaning given in section 104AA;

  • penultimate chargeable period” means the chargeable period preceding the final chargeable period;

  • the relevant company” means the group relief company mentioned in subsection (3) or, if there is more than one, the one—

    (a)

    nominated by the taxpayer not more than 6 months after the end of the taxpayer's final chargeable period, or

    (b)

    in the absence of such a nomination, nominated by Her Majesty's Revenue and Customs.

10After section 208 insert—E+W+S+N.I.

208ACars: disposal value in avoidance cases

(1)This section applies if—

(a)a disposal value is required to be brought into account under section 61,

(b)the disposal event is that the person ceases to own a section 206 car because of a sale or the performance of a contract, and

(c)allowances under this Part in respect of the person's expenditure under that transaction are restricted under section 217 or 218 (anti-avoidance).

(2)A car is a section 206 car if expenditure on the provision of the car is required to be allocated to a single asset pool under that section.

(3)The disposal value to be brought into account is—

(a)the market value of the car at the time of the disposal event, or

(b)if less, the capital expenditure incurred, or treated as incurred, on the provision of the car by the person disposing of it.

(4)The person acquiring the car is to be treated as having incurred capital expenditure on its provision of an amount equal to the disposal value required to be brought into account under subsection (3).

(5)In this section “car” has the meaning given in section 268A.

11After section 268 insert—E+W+S+N.I.

Cars etcE+W+S+N.I.
268AMeaning of “car” and “motor cycle”

(1)In this Part “car” means a mechanically propelled road vehicle other than—

(a)a motor cycle,

(b)a vehicle of a construction primarily suited for the conveyance of goods or burden of any description, or

(c)a vehicle of a type not commonly used as a private vehicle and unsuitable for such use.

(2)In this Part “motor cycle” has the meaning given by section 185(1) of the Road Traffic Act 1988.

268BElectrically-propelled vehicles

For the purposes of this Part a vehicle is electrically-propelled only if—

(a)it is propelled solely by electrical power, and

(b)that power is derived from—

(i)a source external to the vehicle, or

(ii)an electrical storage battery which is not connected to any source of power when the vehicle is in motion.

268CTerms relating to emissions

(1)In this Part “qualifying emissions certificate”, in relation to a vehicle, means an EC certificate of conformity, or a UK approval certificate, that specifies—

(a)in the case of a vehicle other than a bi-fuel vehicle, a CO2 emissions figure in terms of grams per kilometre driven, or

(b)in the case of a bi-fuel vehicle, separate CO2 emissions figures in terms of grams per kilometre driven for different fuels.

(2)For the purposes of this Part, in relation to a vehicle other than a bi-fuel vehicle, the applicable CO2 emissions figure is—

(a)where the qualifying emissions certificate specifies only one CO2 emissions figure, that figure, and

(b)where the certificate specifies more than one CO2 emissions figure, the figure specified as the CO2 emissions (combined) figure.

(3)For the purposes of this Part, in relation to a bi-fuel vehicle, the applicable CO2 emissions figure is—

(a)where the qualifying emissions certificate specifies more than one CO2 emissions figure in relation to each fuel, the lowest CO2 emissions (combined) figure specified, and

(b)in any other case, the lowest CO2 figure specified by the certificate.

(4)In this section—

  • bi-fuel”, in relation to a vehicle, means capable of being propelled by—

    (a)

    petrol and road fuel gas, or

    (b)

    diesel and road fuel gas;

  • diesel” means any diesel fuel within the definition in Article 2 of Directive 98/70/EC of the European Parliament and of the Council;

  • EC certificate of conformity” means a certificate of conformity issued by a manufacturer under any provision of the law of a member State implementing Article 6 of Council Directive 70/156/EEC, as amended;

  • petrol” has the meaning given by Article 2 of Directive 98/70/EC of the European Parliament and of the Council;

  • road fuel gas” has the same meaning as in section 171(1) of ITEPA 2003;

  • UK approval certificate” means a certificate issued under—

    (a)

    section 58(1) or (4) of the Road Traffic Act 1988, or

    (b)

    Article 31A(4) or (5) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

Consequential amendments of CAA 2001E+W+S+N.I.

12CAA 2001 is amended as follows.E+W+S+N.I.

13In section 33 (personal security), omit subsection (7).E+W+S+N.I.

14(1)Section 45D (expenditure on cars with low carbon dioxide emissions) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraph (c) substitute—

(c)the car—

(i)is electrically-propelled, or

(ii)has low CO2 emissions, and.

(3)In subsection (2), for “a car with low CO2 emissions is a car which” substitute “ a car has low CO2 emissions if it ”.

(4)In subsection (3), for the words from “an EC certificate” to the end substitute “ a qualifying emissions certificate. ”

(5)In subsection (4), for “in the case of” substitute “ in relation to ”.

(6)Omit subsections (5) and (6).

(7)In subsection (8)—

(a)after “car” insert “ is to a car within the meaning of section 268A, except that it ”, and

(b)omit paragraph (b) (and the “but” before it).

(8)Omit subsections (9) and (10).

(9)After subsection (10) insert—

(11)In this section—

  • “applicable CO2 emissions figure” and “qualifying emissions certificate” have the meanings given in section 268C;

  • electrically-propelled” has the meaning given in section 268B.

15In section 54(3) (single asset pools), omit “section 74 (car above the cost threshold)”.E+W+S+N.I.

16In section 55(6) (determination of entitlement or liability), after “subject to” insert “ section 104F (special rate cars: discontinued activity continued by relevant company) and ”.E+W+S+N.I.

17In section 65(3) (the final chargeable period), for “sections 77(1) and” substitute “ section ”.E+W+S+N.I.

18In section 66 (list of provisions about disposal values)—E+W+S+N.I.

(a)omit the entry in the list relating to section 79, and

(b)insert at the appropriate place—

section 208Acars: disposal value in avoidance cases.

19(1)In section 84 (cases in which short-life asset treatment is ruled out), the Table is amended as follows.E+W+S+N.I.

(2)In item 3, for the words in the second column substitute “The car is a hire car for a disabled person (as defined by section 268D).”

(3)In item 4, in the second column, insert “The expenditure is incurred on the provision of a car which is a hire car for a disabled person (as defined by section 268D)”.

(4)In item 5, in the second column, for “within section 82(4) (cars hired out to persons receiving disability allowances etc)” substitute “ a hire car for a disabled person (as defined by section 268D) ”.

20(1)Section 86 (short-life assets) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(b), for “main pool” substitute “ appropriate pool ”.

(3)After subsection (4) insert—

(5)In subsection (2)(b) “appropriate pool” means—

(a)in the case of expenditure incurred on the provision of a car that is not a main rate car (as defined by section 104AA), the special rate pool, and

(b)in any other case, the main pool.

21In section 96 (expenditure on cars excluded from being long-life asset expenditure), for “car (as defined by section 81)” substitute “ car or motor cycle (as defined by section 268A) ”.E+W+S+N.I.

22After section 268C (inserted by this Part of this Schedule) insert—E+W+S+N.I.

268DHire cars for disabled persons

(1)For the purposes of this Part a car is a hire car for a disabled person if it is provided wholly or mainly for hire to, or the carriage of, disabled persons in the ordinary course of a trade.

(2)Disabled person” means a person in receipt of—

(a)a disability living allowance under—

(i)the Social Security Contributions and Benefits Act 1992, or

(ii)the Social Security Contributions and Benefits (Northern Ireland) Act 1992,

because of entitlement to the mobility component,

(b)a mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939,

(c)a mobility supplement under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977, or

(d)a payment that appears to the Treasury to be similar to those mentioned in paragraphs (a) to (c) and that is specified by order made by the Treasury.

23(1)Part 2 of Schedule 1 (defined expressions) is amended as follows.E+W+S+N.I.

(2)In the entry relating to “car (in Part 2)”, for “section 81” substitute “ section 268A ”.

(3)Insert at the appropriate places—

applicable CO2 emissions figure (in Part 2)section 268C
electrically-propelled (in Part 2)section 268B
hire car for a disabled person (in Part 2)section 268D
motor cycle (in Part 2)section 268A
qualifying emissions certificate (in Part 2)section 268C.

24In Schedule 3 (transitionals and savings), omit paragraph 19 (cars above the cost threshold) and the headings immediately before it.E+W+S+N.I.

Consequential repealE+W+S+N.I.

25In consequence of the amendments made by this Part of this Schedule, in FA 2002, in Schedule 19, omit paragraph 6.E+W+S+N.I.

Commencement and transitionals: introductionE+W+S+N.I.

26For the purposes of this Part of this Schedule—E+W+S+N.I.

(a)the first relevant date is—

(i)for corporation tax purposes, 1 April 2009, and

(ii)for income tax purposes, 6 April 2009,

(b)the second relevant date is—

(i)for corporation tax purposes, 1 August 2009, and

(ii)for income tax purposes, 6 August 2009, and

(c)the third relevant date is—

(i)for corporation tax purposes, 1 April 2014, and

(ii)for income tax purposes, 6 April 2014.

27(1)For the purposes of this Part of this Schedule “new expenditure” means—E+W+S+N.I.

(a)expenditure incurred on or after the first relevant date, and

(b)expenditure incurred before that date to which sub-paragraph (2) applies,

and expenditure that is not new expenditure is “old expenditure”.

(2)This sub-paragraph applies to expenditure if—

(a)it is incurred under an agreement for the provision of a car entered into after 8 December 2008, and

(b)under that agreement the car is not required to be made available before the second relevant date.

(3)For the purposes of sub-paragraph (2) an agreement is entered into on the date on which the following conditions are met—

(a)there is a contract in writing for the provision of the car,

(b)the contract is unconditional or, if it is conditional, the conditions have been met, and

(c)no terms remain to be agreed.

CommencementE+W+S+N.I.

28(1)The amendments made by this Part of this Schedule have effect in relation to new expenditure (subject to sub-paragraph (2)).E+W+S+N.I.

(2)The repeal of section 79 of CAA 2001 and the amendments made by paragraphs 10 and 18 have effect in cases in which a person ceases to own a car or motor cycle if the expenditure incurred on the provision of the car or motor cycle is new expenditure.

29(1)The repeal of sections 74 to 78 of CAA 2001 and the amendments made by paragraphs 15 and 17 have effect in relation to old expenditure, but only for chargeable periods beginning on or after the third relevant date.E+W+S+N.I.

(2)The repeal of section 79 of CAA 2001 and the amendment made by paragraph 18(a) have effect in cases in which a person ceases to own a car or motor cycle if the expenditure incurred on the provision of the car or motor cycle is old expenditure, but only for chargeable periods beginning on or after the third relevant date.

TransitionalsE+W+S+N.I.

30(1)This paragraph applies where expenditure incurred by a person on the provision of a car or motor cycle includes both new expenditure and old expenditure.E+W+S+N.I.

(2)The new expenditure and the old expenditure are to be treated as if they were incurred on the provision of separate (but identical) cars or motor cycles.

(3)Any amount required to be brought into account in connection with a disposal event in respect of the car or motor cycle mentioned in sub-paragraph (1) is to be apportioned on a just and reasonable basis.

31(1)This paragraph applies where—E+W+S+N.I.

(a)old expenditure is required to be allocated to a single asset pool by section 74 of CAA 2001,

(b)there is unrelieved expenditure in that pool at the end of a transitional chargeable period, and

(c)the unrelieved expenditure is not required to be allocated to a single asset pool by any other provision of Part 2 of that Act.

(2)The unrelieved expenditure must be carried forward to the main pool.

(3)A “transitional chargeable period” is one that begins before the third relevant date and ends on or after the day before the third relevant date.

32An order made under section 82(4)(d) of CAA 2001 (qualifying hire cars for disabled persons) before the day on which this Act is passed (and not revoked before that day) has effect as if it had also been made under section 268D(2)(d) of that Act (hire cars for disabled persons) (inserted by this Part of this Schedule).E+W+S+N.I.

InterpretationE+W+S+N.I.

33In this Part of this Schedule—E+W+S+N.I.

(a)“car” and “motor cycle” have the meaning given in section 268A of CAA 2001 (inserted by paragraph 11), and

(b)other expressions used in this Part of this Schedule and in Part 2 of CAA 2001 have the same meaning here as in that Part of that Act.

Part 2 E+W+S+N.I.Restrictions on deductions for hire expenses

Income taxE+W+S+N.I.

34ITTOIA 2005 is amended as follows.E+W+S+N.I.

35In section 31(1)(b) (relationship between rules prohibiting and allowing deductions), omit “or motor cycle”.E+W+S+N.I.

36(1)Section 48 (rules restricting deductions from profits: car or motor cycle hire) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words from “or motor cycle”, in the first place, to the end substitute which is not—

(a)a car that is first registered before 1 March 2001,

(b)a car that has low CO2 emissions,

(c)a car that is electrically propelled, or

(d)a qualifying hire car.

(3)In subsection (2), for the words from “multiplying” to the end substitute “ 15% ”.

(4)In subsection (4), for “multiplying it by the fraction in subsection (2)” substitute “ 15% ”.

(5)In subsection (4A)(a), (b) and (c), omit “or motor cycle”.

(6)Omit subsection (5).

(7)In the heading, omit “or motor cycle”.

37(1)Section 49 (car or motor cycle hire: supplementary) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “or motor cycle”,

(b)omit “one”,

(c)before paragraph (a) insert—

(za)a motor cycle (within the meaning of section 185(1) of the Road Traffic Act 1988),, and

(d)in paragraphs (a) and (b), insert at the beginning “a vehicle”.

(3)After that subsection insert—

(1A)In section 48—

  • a car that has low CO2 emissions” has the same meaning as in section 104AA of CAA 2001 (special rate expenditure: main rate car);

  • electrically propelled” has the meaning given in section 268B of that Act.

(4)In subsection (2)—

(a)omit “or motor cycle” (in each place),

(b)omit paragraph (c), and

(c)insert at the end—

(d)is leased under a long-funding lease (within the meaning of section 70G of CAA 2001).

(5)In subsection (6), omit “and section 48”.

(6)In the heading, omit “or motor cycle”.

38Omit section 50 (hiring cars with low carbon dioxide emissions).E+W+S+N.I.

39After that section insert—E+W+S+N.I.

50AShort-term hiring in and long-term hiring out

(1)Section 48 does not apply to expenses incurred by a person (“the taxpayer”) on the hiring of a car if condition A or B is met.

(2)Condition A is that—

(a)the expenses are incurred in respect of the making available of the car to the taxpayer for a period (“the hire period”) of not more than 45 consecutive days, and

(b)if the car is made available to the taxpayer (whether by the same person or different persons) for one or more periods linked to the hire period, the hire period and the linked period or periods, taken together, consist of not more than 45 days.

(3)Condition B is that the expenses are incurred in respect of a period (“the sub-hire period”) throughout which the taxpayer makes the car available to another person (“the customer”) and—

(a)the sub-hire period consists of more than 45 consecutive days, or

(b)if the taxpayer makes the car available to the customer throughout one or more periods linked to the sub-hire period, the sub-hire period and the linked period or periods, taken together, consist of more than 45 days,

but see subsection (4).

(4)Condition B is not met if—

(a)the customer is an employee of the taxpayer or of a person connected with the taxpayer, or

(b)during all or part of the sub-hire period (or any period linked to the sub-hire period), the customer makes any car available to an employee of the taxpayer under arrangements with the taxpayer or with a person connected with the taxpayer.

(5)Neither condition A nor condition B is met if the car is hired under arrangements the purpose, or one of the main purposes, of which is—

(a)to disapply or reduce the effect of section 48, or

(b)other avoidance of tax.

(6)For the purposes of condition B the expenses incurred by the taxpayer on the hiring of the car must be apportioned between—

(a)the sub-hire period, and

(b)the remainder of the period during which the car is made available to the taxpayer,

according to the respective lengths of those periods.

(7)A period of consecutive days (“the main period”) is linked to—

(a)a period of consecutive days that ends not more than 14 days before the main period begins,

(b)a period of consecutive days that begins not more than 14 days after the main period ends, and

(c)a period of consecutive days linked to a period in paragraph (a) or (b).

(8)For the purposes of this section, where arrangements for the hiring of a car include arrangements for the provision of a replacement car in the event that the first car is not available, the first car and any replacement car are to be treated as if they were the same car.

(9)In this section (and section 50B) “arrangements” includes any arrangements, scheme or understanding of any kind, whether or not legally enforceable and whether involving a single transaction or two or more transactions.

50BConnected persons: application of section 48

(1)This section applies where connected persons incur expenses on the hiring of the same car for the same period and—

(a)section 48 would (but for this section) apply to the expenses of two or more of those persons, or

(b)section 48 and section 56 of CTA 2009 would (but for this section and section 58B of that Act) each apply to the expenses of at least one of those persons.

(2)This section only applies where one or more of the persons mentioned in subsection (1)(a) or (b) incurs the expenses under commercial arrangements (and such a person is referred to below as a “commercial lessee”).

(3)In relation to the expenses mentioned in subsection (1) to which section 48 would (but for this section) apply, section 48 only applies to the following—

(a)where there is one commercial lessee, any such expenses incurred by that lessee, and

(b)where there is more than one, any such expenses incurred by the first commercial lessee in the chain of arrangements for the hiring of the car for the period.

(4)In this section—

(a)references to expenses incurred by a commercial lessee include expenses incurred in that or any other capacity, and

(b)commercial arrangements” means arrangements the terms of which are such as would reasonably have been expected if the parties to the arrangements had been dealing at arm's length.

40In section 247(1) (other rules about what counts as post-cessation receipts), omit “or motor cycle”.E+W+S+N.I.

41In section 272(2) (profits of a property business: application of trading income rules), in the entry in the Table relating to sections 48 to 50—E+W+S+N.I.

(a)for “50” substitute “ 50B ”, and

(b)omit “or motor cycle”.

42In section 274(1)(b) (relationship between rules prohibiting and allowing deductions), omit “or motor cycle”.E+W+S+N.I.

43In section 354(2) (other rules about what counts as post-cessation receipts), omit “or motor cycle”.E+W+S+N.I.

44In Schedule 2 (transitionals and savings), omit paragraphs 16 and 17 (and the heading before them).E+W+S+N.I.

Corporation taxE+W+S+N.I.

45CTA 2009 is amended as follows.E+W+S+N.I.

46In section 51(1)(b)(i) (relationship between rules prohibiting and allowing deductions), omit “or motor cycle”.E+W+S+N.I.

47(1)Section 56 (rules restricting deductions from profits: car or motor cycle hire) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words from “or motor cycle”, in the first place, to the end substitute which is not—

(a)a car that is first registered before 1 March 2001,

(b)a car that has low CO2 emissions,

(c)a car that is electrically propelled, or

(d)a qualifying hire car.

(3)In subsection (2), for the words from “multiplying” to the end substitute “ 15% ”.

(4)In subsection (4), for “multiplying it by the fraction in subsection (2)” substitute “ 15% ”.

(5)In subsection (5)(a), (b) and (c), omit “or motor cycle”.

(6)Omit subsection (6).

(7)In the heading, omit “or motor cycle”.

48(1)Section 57 (car or motor cycle hire: supplementary) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit “or motor cycle”,

(b)omit “one”,

(c)before paragraph (a) insert—

(za)a motor cycle (within the meaning of section 185(1) of the Road Traffic Act 1988),, and

(d)in paragraphs (a) and (b), insert at the beginning “a vehicle”.

(3)After that subsection insert—

(1A)In section 56—

  • a car that has low CO2 emissions” has the same meaning as in section 104AA of CAA 2001 (special rate expenditure: main rate car);

  • electrically propelled” has the meaning given in section 268B of that Act.

(4)In subsection (2)—

(a)omit “or motor cycle” (in each place),

(b)omit paragraph (c), and

(c)insert at the end—

(d)is leased under a long-funding lease (within the meaning of section 70G of CAA 2001).

(5)In subsection (6), omit “and section 56”.

(6)In the heading, omit “or motor cycle”.

49Omit section 58 (hiring cars with low CO2 emissions before 1 April 2013).E+W+S+N.I.

50After section 58 insert—E+W+S+N.I.

58AShort-term hiring in and long-term hiring out

(1)Section 56 does not apply to expenses incurred by a company (“the taxpayer”) on the hiring of a car if condition A or B is met.

(2)Condition A is that—

(a)the expenses are incurred in respect of the making available of the car to the taxpayer for a period (“the hire period”) of not more than 45 consecutive days, and

(b)if the car is made available to the taxpayer (whether by the same person or different persons) for one or more periods linked to the hire period, the hire period and the linked period or periods, taken together, consist of not more than 45 days.

(3)Condition B is that the expenses are incurred in respect of a period (“the sub-hire period”) throughout which the taxpayer makes the car available to another person (“the customer”) and—

(a)the sub-hire period consists of more than 45 consecutive days, or

(b)if the taxpayer makes the car available to the customer throughout one or more periods linked to the sub-hire period, the sub-hire period and the linked period or periods, taken together, consist of more than 45 days,

but see subsection (4).

(4)Condition B is not met if—

(a)the customer is an employee or officer of the taxpayer or of a person connected with the taxpayer, or

(b)during all or part of the sub-hire period (or any period linked to the sub-hire period), the customer makes any car available to an employee or officer of the taxpayer under arrangements with the taxpayer or with a person connected with the taxpayer.

(5)Neither condition A nor condition B is met if the car is hired under arrangements the purpose, or one of the main purposes, of which is—

(a)to disapply or reduce the effect of section 56, or

(b)other avoidance of tax.

(6)For the purposes of condition B the expenses incurred by the taxpayer on the hiring of the car must be apportioned between—

(a)the sub-hire period, and

(b)the remainder of the period during which the car is made available to the taxpayer,

according to the respective lengths of those periods.

(7)A period of consecutive days (“the main period”) is linked to—

(a)a period of consecutive days that ends not more than 14 days before the main period begins,

(b)a period of consecutive days that begins not more than 14 days after the main period ends, and

(c)a period of consecutive days linked to a period in paragraph (a) or (b).

(8)