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Statutory Instruments

2005 No. 1727

CUSTOMS AND EXCISE

The Gaming Duty (Amendment) Regulations 2005

Made

29th June 2005

Laid before the House of Commons

30th June 2005

Coming into force

1st October 2005

The Commissioners for Her Majesty’s Revenue and Customs in exercise of the powers conferred upon them by sections 12(4) and 14(1) of the Finance Act 1997(1) hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2005 and come into force on 1st October 2005.

Interpretation

2.  In these Regulations “quarter” means the first three months of an accounting period.

Application and revocation

3.—(1) These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2005.

(2) The Gaming Duty (Amendment) Regulations 2003(2) are revoked.

The amount of payments on account

4.  For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997(3):

Table

Part of gross gaming yieldRate
The first £267,2502.5 per cent.
The next £593,25012.5 per cent.
The next £593,25020 per cent.
The next £1,039,00030 per cent.
The remainder40 per cent.

Helen Ghosh

D A Hartnett

Two of the Commissioners for Her Majesty’s Revenue and Customs

29th June 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Gaming Duty Regulations 1997 (S.I. 1997/2196), regulation 5, the amount of payments on account. They substitute a new Table reflecting changes to gaming duty made by section 6 of the Finance Act 2005 (c. 7), and will apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2005.

The duty rates and bands in the Table are those for the first three months of each six-monthly accounting period, hence the bands represent half of the new bands of gross gaming yield shown in the Finance Act 2005. The interim quarterly payments under the 1997 Regulations are intended to be roughly half of the expected duty liability for the six-monthly period.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on business, charities or voluntary bodies.

(1)

1997 (c. 16); section 10 defines “gaming duty”; section 15(2) provides for sections 10 to 14 and Schedule 1 to be construed as one with the Customs and Excise Management Act 1979 (c. 2) and section 1(1) of that Act defines “the Commissioners”; section 15(3) defines “accounting period”. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

(2)

S.I. 2003/2247, which substituted a new Table for the Table in Regulation 5 of the Gaming Duty Regulations 1997.