PART 1Income tax, corporation tax and capital gains tax

CHAPTER 4Other provisions

Investment reliefs

56Exclusion of incentivised electricity or heat generation activities

1

ITA 2007 is amended as follows.

2

In section 192 (EIS: meaning of “excluded activities”)—

a

in subsection (1), omit the “and” at the end of paragraph (ka) and after that paragraph insert—

kb

the subsidised generation of heat or subsidised production of gas or fuel, and

b

in subsection (2), omit the “and” at the end of paragraph (f) and after paragraph (g) insert

, and

h

section 198B (subsidised generation of heat and subsidised production of gas or fuel).

3

In section 198A (excluded activities: subsidised generation or export of electricity)—

a

for subsection (3) substitute—

3

The generation of electricity is “subsidised” if—

a

a person receives a FIT subsidy in respect of the electricity generated,

b

a renewables obligation certificate is issued in connection with the generation of the electricity, or

c

a scheme established in a territory outside the United Kingdom, and corresponding to that set out in a renewables obligation order under section 32 of the Electricity Act 1989, operates to incentivise the generation of the electricity.

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in subsection (9), at the end insert—

renewables obligation certificate” means a certificate issued under section 32B of the Electricity Act 1989 or Article 54 of the Energy (Northern Ireland) Order 2003.

4

After that section insert—

198BExcluded activities: subsidised generation of heat and subsidised production of gas or fuel

1

This section supplements section 192(1)(kb).

2

The generation of heat, or production of gas or fuel, is “subsidised” if a payment is made, or another incentive is given, under—

a

a scheme established by regulations under section 100 of the Energy Act 2008 or section 113 of the Energy Act 2011 (renewable heat incentives), or

b

a similar scheme established in a territory outside the United Kingdom,

in respect of the heat generated, or gas or fuel produced.

3

But the generation of heat, or production of gas or fuel, is not to be taken to fall within section 192(1)(kb) if Condition A or B is met.

4

Condition A is that the generation or production is carried on by—

a

a community interest company,

b

a co-operative society,

c

a community benefit society,

d

a NI industrial and provident society, or

e

an SCE formed in accordance with Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society.

5

Condition B is that the plant used for the generation of the heat, or production of the gas or fuel, relies wholly or mainly on anaerobic digestion.

6

Section 198A(9) (definitions) applies for the purposes of this section as for the purposes of section 198A.

5

In section 303 (VCTs: meaning of “excluded activities”)—

a

in subsection (1), omit the “and” at the end of paragraph (ka) and after that paragraph insert—

kb

the subsidised generation of heat or subsidised production of gas or fuel, and

b

in subsection (2), omit the “and” at the end of paragraph (f) and after paragraph (g) insert

, and

h

section 309B (subsidised generation of heat and subsidised production of gas and fuel).

6

In section 309A (excluded activities: subsidised generation or export of electricity)—

a

for subsection (3) substitute—

3

The generation of electricity is “subsidised” if—

a

a person receives a FIT subsidy in respect of the electricity generated,

b

a renewables obligation certificate is issued in connection with the generation of the electricity, or

c

a scheme established in a territory outside the United Kingdom, and corresponding to that set out in a renewables obligation order under section 32 of the Electricity Act 1989, operates to incentivise the generation of the electricity.

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in subsection (9), at the end insert—

renewables obligation certificate” means a certificate issued under section 32B of the Electricity Act 1989 or Article 54 of the Energy (Northern Ireland) Order 2003.

7

After that section insert—

309BExcluded activities: subsidised generation of heat and subsidised production of gas or fuel

1

This section supplements section 303(1)(kb).

2

The generation of heat, or production of gas or fuel, is “subsidised” if a payment is made, or another incentive is given, under—

a

a scheme established by regulations under section 100 of the Energy Act 2008 or section 113 of the Energy Act 2011 (renewable heat incentives), or

b

a similar scheme established in a territory outside the United Kingdom,

in respect of the heat generated or gas or fuel produced.

3

But the generation of heat, or production of gas or fuel, is not to be taken to fall within section 303(1)(kb) if Condition A or B is met.

4

Condition A is that the generation or production is carried on by—

a

a community interest company,

b

a co-operative society,

c

a community benefit society,

d

a NI industrial and provident society, or

e

an SCE formed in accordance with Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society.

5

Condition B is that the plant used for the generation of the heat, or production of the gas or fuel, relies wholly or mainly on anaerobic digestion.

6

Section 309A(9) (definitions) applies for the purposes of this section as for the purposes of section 309A.

8

The amendments made by subsections (2) to (4) have effect in relation to shares issued on or after the day on which this Act is passed.

9

The amendments made by subsections (5) to (7) have effect in relation to a relevant holding issued on or after the day on which this Act is passed.