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SCHEDULES

Section 1027

SCHEDULE 1U.K.Minor and consequential amendments

Part 1U.K.Income and Corporation Taxes Act 1988

1The Income and Corporation Taxes Act 1988 (c. 1) is amended as follows.

2Omit sections 1 to 2 (the charge to income tax, application of lower rate to income from savings and distributions, rates of tax applicable to distribution income etc, and fractions of a pound and yearly assessments).

3Omit section 3 (certain income charged at basic rate).

4Omit section 4 (construction of references in Income Tax Acts to deduction of tax).

5Omit section 7(1) (deduction of income tax from payments to companies).

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 1 para. 6 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

7Omit section 42A (non-resident landlords and their representatives).

8Omit sections 50, 51 and 51AA (United Kingdom securities: Treasury directions for payment without deduction of tax etc).

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 1 para. 9 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 1 para. 10 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

11Omit section 109A (relief for post-cessation expenditure).

F412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 1 para. 12 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

13Omit section 117 (restriction on relief for limited partners: individuals).

F514.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 1 paras. 14-17 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 1 paras. 14-17 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 1 paras. 14-17 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 1 paras. 14-17 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

18Omit sections 118ZE to 118ZK (restriction on reliefs for non-active general partners and non-active members of LLPs).

19Omit sections 118ZL and 118ZM (restriction on reliefs for partnerships exploiting films).

20Omit sections 118ZN and 118ZO (partners: meaning of “contribution to the trade”).

F621. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 1 para. 21 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

F722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 1 para. 22 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

23Omit section 214(1)(b) (chargeable payments connected with exempt distributions: deduction of tax at source).

24(1)Amend section 231AA (no tax credit for borrower under stock lending arrangement or interim holder under repurchase agreement) as follows.U.K.

(2)In subsection (1) omit “above or section 397(1) of ITTOIA 2005”.

(3)Omit subsection (1A).

25(1)Amend section 231AB (no tax credit for original owner under repurchase agreement in respect of certain manufactured dividends) as follows.U.K.

(2)In subsection (1) omit “above or section 397(1) of ITTOIA 2005”.

(3)Omit subsection (1A).

26In section 231B(12) (consequences of certain arrangements to pass on the value of a tax credit) for the definition of “tax advantage” substitute—

tax advantage” has the meaning given by section 840ZA.

F827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F831. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F833. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F834. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F835. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 paras. 27-35 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

36(1)Amend section 266 (life assurance premiums) as follows.U.K.

(2)In subsection (3)(c) omit the words from “, except” to “subsection (6) below”.

(3)In subsection (4) for “subsections (6) to (8)” substitute “ subsections (7) and (8) ”.

(4)Omit subsections (6) and (6A).

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In subsection (13) omit “this section and”.

Textual Amendments

F9Sch. 1 para. 36(5)(6) omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

F1037. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 1 para. 37 omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

38Omit section 276 (effect on relief of charges on income).

39Omit section 277 (partners).

40(1)Amend section 278 (non-residents) as follows.U.K.

(2)Omit subsection (1).

(3)In subsection (2)—

(a)for the words from the beginning to “individual” substitute “ Subject to subsection (2ZA) below, relief under this Chapter shall be given only to an individual ”,

(b)before paragraph (a) insert—

(za)is not resident in the United Kingdom,

(zb)does not meet the condition in section 56(3) of ITA 2007, and, and

(c)omit paragraphs (b) to (e) and the “or” immediately before paragraph (b).

(4)After subsection (2) insert—

(2ZA)Relief under section 266 above (except relief given by virtue of subsection (7) of that section) may also be given to an individual who—

(a)is resident in the United Kingdom, or

(b)meets the condition in section 56(3) of ITA 2007.

41Omit section 282 (construction of references to spouses or civil partners living together).

42Omit sections 282A and 282B (jointly held property).

43Omit section 305A (relief for loss on disposal of shares).

44In section 312(2A) (interpretation of Chapter 3), as it applies in relation to shares issued before 6 April 2007, for paragraph (a) substitute—

(a)references to a company being “in administration” are to—

(i)it being in administration within the meaning of Schedule B1 to the Insolvency Act 1986 (c. 45) or Schedule B1 to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or

(ii)there being in force in relation to it, under the law of a country or territory outside the United Kingdom, any appointment corresponding to an appointment of an administrator under either of those Schedules;.

45Omit section 320 (Commonwealth Agents-General and official agents etc).

46Omit section 323 (visiting forces).

47Omit section 332A (venture capital trusts: relief).

48Omit section 334 (Commonwealth and Irish citizens temporarily abroad).

49Omit section 335 (residence of persons working abroad).

50Omit section 336 (temporary residents in the United Kingdom).

F1151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 1 para. 51 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 1 para. 52 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(3)

53Omit section 347B (qualifying maintenance payments).

54Omit section 348 (payments out of profits or gains brought into charge to income tax: deduction of tax).

55Omit section 349 (payments not out of profits or gains brought into charge to income tax, and annual interest).

56Omit section 349ZA (extension of section 349: proceeds of sale of UK patent rights).

57Omit sections 349A to 349D (exceptions to section 349 for payments between companies).

58Omit section 349E (deductions under section 349(1): payment of royalties overseas).

59Omit section 350 (charge to tax where payments made under section 349).

60Omit section 350A (UK public revenue dividends: deduction of tax).

61Omit section 352 (certificates of deduction of tax).

62(1)Amend section 353 (relief for payments of interest: general) as follows.U.K.

(2)In subsection (1)—

(a)omit “sections 359 to 368 of this Act and”, and

(b)for “sections 359 to 365” substitute “ section 365 ”.

(3)For subsection (1A) substitute—

(1A)Where a person is entitled for a year of assessment to relief under this section in respect of an amount of interest which is eligible for relief by virtue of section 365, the relief is given as a tax reduction for that tax year.

(1AA)The amount of the tax reduction is 23% of the amount of the interest.

(1AB)The tax reduction is given effect at Step 6 of the calculation in section 23 of ITA 2007.

(4)Omit subsection (1B).

(5)In subsection (1E)—

(a)omit “under this section”,

(b)for “subsection (1B) above” substitute “ section 383 of ITA 2007 (relief for interest payments) ”,

(c)for “those subsections” substitute “ those provisions ”, and

(d)for the words from “and subsection (1A) or (1B)” to the end substitute “ and subsection (1A) above or section 383 of ITA 2007 shall apply accordingly to the case in which that subsection or section applies ”.

(6)Omit subsections (1F) to (1H).

63Omit section 359 (loan to buy machinery or plant).

64Omit section 360 (loan to buy interest in close company).

65Omit section 360A (meaning of “material interest” in section 360).

66Omit section 361 (loan to buy interest in co-operative or employee-controlled company).

67Omit section 362 (loan to buy into partnership).

68Omit section 363 (provisions supplementary to sections 360 to 362).

69Omit section 364 (loan to pay inheritance tax).

70In section 366(1)(c) (information) omit the words from “(or” to “income)”.

71In section 367 (provisions supplementary to sections 354 to 366) omit subsections (2) to (4).

72Omit section 368 (exclusion of double relief etc).

73Omit Chapter 1 of Part 10 (loss relief: income tax).

F1374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 1 para. 74 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

75(1)Amend section 398 (transactions in deposits with and without certificates or in debts) as follows.U.K.

(2)For “a person” substitute “ a company ”.

(3)Omit “above or Chapter 11 of Part 4 of ITTOIA 2005 (transactions in deposits)”.

(4)In paragraph (a)—

(a)after “chargeable to” insert “ corporation ”, and

(b)omit “above or that Chapter”.

(5)In paragraph (b) for the words from “he is chargeable” to “that Act” substitute “ the company is chargeable to corporation tax under Schedule D ”.

(6)For the words from “the amount of his loss may be set off in pursuance” to the end substitute “ the amount of its loss may be set off under section 396. ”

F1476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 1 para. 76 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 1 para. 77 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 1 para. 78 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(7)

79In section 459 (exemption for unregistered friendly societies) omit “income tax and”.

80In section 460(1) (exemption for registered friendly societies: life or endowment business) omit “income tax and”.

81(1)Section 461 (exemption for registered friendly societies: other business) is amended as follows.U.K.

(2)In subsection (1) omit “income tax and”.

(3)In subsection (4)(b) omit “income tax or”.

82(1)Amend section 461B (exemption for qualifying incorporated friendly societies: other business) as follows.U.K.

(2)In subsection (1) omit “income tax and”.

(3)In subsection (5) omit “income tax or”.

F1783. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 1 para. 83 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(7)

84(1)Amend section 467(1) (exemption for trade unions and employers' associations) as follows.U.K.

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph (a) omit “to exemption from income tax and corporation tax”.

(4)In paragraph (b) omit “to exemption from tax”.

Textual Amendments

F18Sch. 1 para. 84(2) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 1 paras. 85-87 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1986. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 1 paras. 85-87 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F1987. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 1 paras. 85-87 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

88(1)Amend section 477A (building societies: regulations for deduction of tax) as follows.U.K.

(2)Omit subsections (1) to (2A).

(3)In subsection (3)—

(a)omit the words from “For any” to “above apply,”, and

(b)in paragraph (b) omit the words “paid or credited in the year of assessment”.

(4)Omit subsection (7).

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In subsection (10) omit the definitions of “qualifying certificate of deposit”, “qualifying deposit right” and “security”.

F20(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 1 para. 88(5)(7) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

89Omit sections 480A to 482 (deduction of tax by deposit-takers).

90(1)Amend section 486 (industrial and provident societies and co-operative associations) as follows.U.K.

(2)Omit subsections (2), (3) and (6).

(3)In subsection (7) for “subsection (6)” substitute “ section 887(2) of ITA 2007 ”.

F2191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. 1 para. 91 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

92(1)Amend section 492 (treatment of oil extraction activities etc for tax purposes) as follows.U.K.

(2)Omit subsection (2).

F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 1 para. 92(3) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

93Omit section 504A (letting of furnished holiday accommodation treated as trade for certain income tax purposes).

F2394. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F2395. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F2396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F2397. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F2398. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F2399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F23100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Sch. 1 paras. 94-100 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

101(1)Amend section 510A (tax treatment of European Economic Interest Groupings) as follows.U.K.

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (3) omit paragraph (b) and the “and” immediately before it.

F25(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Sch. 1 para. 101(2) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F25Sch. 1 para. 101(4) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

102Omit section 515 (exemption for signatories to Operating Agreement for INMARSAT).

103Omit section 516 (Government securities held by non-resident central banks).

F26104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 1 paras. 104-106 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F26105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 1 paras. 104-106 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F26106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Sch. 1 paras. 104-106 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F27107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27Sch. 1 para. 107 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

108(1)Amend section 527 (spreading of royalties over several years) as follows.U.K.

(2)For subsection (1) substitute—

(1)Where—

(a)a royalty or other sum is paid to a company in respect of the user of a patent,

(b)the user extended over a period of six complete years or more, and

(c)the payment is one from which a sum representing income tax must be deducted under section 903 of ITA 2007,

the company may on the making of a claim require that the corporation tax payable by it by reason of the receipt of that sum shall be reduced so as not to exceed the total amount of corporation tax which would have been payable by it if that royalty or sum had been paid in six equal instalments at yearly intervals, the last of which was paid on the date on which the payment was in fact made.

(3)Omit subsection (4).

F28109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Sch. 1 para. 109 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

110Omit sections 536 (taxation of royalties where owner abroad), 537 (public lending right) and 537B (taxation of design royalties where owner abroad).

F29111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Sch. 1 para. 111 omitted (21.7.2008 with effect in accordance with Sch. 14 para. 18 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 14 para. 17(o)

F30112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 1 para. 112 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

113Omit section 555 (entertainers and sportsmen: payment of tax).

F31114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Sch. 1 para. 114 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

115In section 558 (supplementary provisions) omit subsections (1) to (4).

116In section 571 (schemes for rationalising industry: cancellation of certificates) after subsection (1) insert—

(1A)An amount charged to income tax under subsection (1) above is treated for income tax purposes as an amount of income.

F32117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32Sch. 1 para. 117 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

118Omit section 574 (share loss relief for individuals).

F33119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F33132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33Sch. 1 paras. 119-132 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

133Omit section 581A (interest on foreign currency securities etc).

F34134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Sch. 1 para. 134 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

135Omit section 582A (designated international organisations: miscellaneous exemptions).

136Omit section 587A (new issues of securities: extra return).

F35137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Sch. 1 paras. 137-139 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F35138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Sch. 1 paras. 137-139 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F35139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Sch. 1 paras. 137-139 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

140In section 615(3) (exemption from tax in respect of certain pensions) for “section 349(1)” substitute “ Chapter 6 of Part 15 of ITA 2007 (deduction from annual payments and patent royalties) ”.

F36141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 1 para. 141 omitted (21.7.2008 with effect in accordance with Sch. 14 para. 18 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 14 para. 17(o)

142In section 658(4)(b) (supplementary) omit “(notwithstanding anything in section 348)”.

143In section 659E(1) (treatment of income from property investment LLPs) at the end insert “ (see section 1004 of ITA 2007) ”.

144Omit section 660C(3) (nature of charge on settlor).

145Omit sections 685A to 687 (liability of trustees).

F37146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37Sch. 1 para. 146 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

147Omit section 689A (disregard of trustees' expenses where beneficiary non-UK resident).

F38148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Sch. 1 para. 148 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

149Omit sections 690 to 694.

150Omit section 698A.

F39151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39Sch. 1 para. 151 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

F40152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40Sch. 1 para. 152 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

F41153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F41154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F41155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F41156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F41157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F41158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F41159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 1 paras. 153-159 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F42160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43Sch. 1 para. 161 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

162Omit sections 710 to 727A (accrued income scheme).

F44163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45Sch. 1 paras. 164-166 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(14)

F45165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45Sch. 1 paras. 164-166 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(14)

F45166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45Sch. 1 paras. 164-166 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(14)

F46167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Sch. 1 paras. 167-170 omitted (21.7.2008 with effect in accordance with s. 66(8) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 66(4)(l)(viii)

F46168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Sch. 1 paras. 167-170 omitted (21.7.2008 with effect in accordance with s. 66(8) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 66(4)(l)(viii)

F46169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Sch. 1 paras. 167-170 omitted (21.7.2008 with effect in accordance with s. 66(8) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 66(4)(l)(viii)

F46170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Sch. 1 paras. 167-170 omitted (21.7.2008 with effect in accordance with s. 66(8) of the amending Act) by virtue of Finance Act 2008 (c. 9), s. 66(4)(l)(viii)

171(1)Amend section 736B (deemed manufactured payments in the case of stock lending arrangements) as follows.U.K.

(2)In subsection (2)—

(a)after “that Schedule” insert “ , and section 97 of the Finance Act 1996 (loan relationships: manufactured interest), ”, and

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (2A)—

(a)in paragraph (a) omit “income tax or”, and

(b)in paragraph (b) omit “total income or, as the case may be,”.

Textual Amendments

F47Sch. 1 para. 171(2)(b) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F48172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Sch. 1 para. 172 omitted (retrospective and with effect in accordance with Sch. 24 paras. 12, 13-16 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 24 paras. 9(e), 12

F49173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49Sch. 1 para. 173 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(14)

F50174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 1 para. 174 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(14)

F51175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51Sch. 1 para. 175 omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), Sch. 17 para. 35(2)(c)

176(1)Amend section 737E (power to modify sections 727A, 730A, 730BB and 737A to 737C) as follows.U.K.

(2)In subsections (1) and (2) omit “727A,”.

(3)In subsections (4) and (6)(b) omit “or 263D”.

(4)In the sidenote omit “727A,”.

177Omit sections 739 to 746 (transfer of assets abroad).

178In section 747(4) (imputation of chargeable profits and creditable tax of controlled foreign companies) omit paragraph (b) and the “and” immediately before it.

F52179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 1 paras. 179-181 repealed (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), reg. 1(1), Sch. 2

F52180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 1 paras. 179-181 repealed (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), reg. 1(1), Sch. 2

F52181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 1 paras. 179-181 repealed (with effect in accordance with art. 1(2)(3) Sch. 1 of the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), reg. 1(1), Sch. 2

182Omit section 775 (sale by individual of income derived from his personal activities).

F53183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 1 para. 183 omitted (with effect in accordance with Sch. 25 para. 10 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 25 para. 9(3)(h)(ii)

F54184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 1 paras. 184-186 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F54185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 1 paras. 184-186 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F54186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 1 paras. 184-186 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F55F56187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 9 (with Sch. 9 paras. 1-9, 22)

F56Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 2 (with Sch. 2)

F55F56188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 9 (with Sch. 9 paras. 1-9, 22)

F56Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 2 (with Sch. 2)

F55F56189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 9 (with Sch. 9 paras. 1-9, 22)

F56Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 2 (with Sch. 2)

F55F56190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 9 (with Sch. 9 paras. 1-9, 22)

F56Sch. 1 paras. 187-190 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 2 (with Sch. 2)

F57191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 1 para. 191 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

F58192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 1 paras. 192-196 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F58193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 1 paras. 192-196 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F58194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 1 paras. 192-196 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F58195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 1 paras. 192-196 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F58196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 1 paras. 192-196 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

197(1)Amend section 804 (relief against income tax in respect of income arising in years of commencement) as follows.U.K.

F59(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit subsection (6).

Textual Amendments

F59Sch. 1 para. 197(2) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

198(1)Amend section 807 (sale of securities with or without accrued interest) as follows.U.K.

F60(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In the full-out words of subsection (1)—

F62(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)omit “or corporation tax”.

F63(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Omit subsection (6).

Textual Amendments

F60Sch. 1 para. 198(2) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F61Sch. 1 para. 198(3) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F62Sch. 1 para. 198(4)(a) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F63Sch. 1 para. 198(5)-(7) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

F64199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Sch. 1 para. 199 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

200In section 811(2) (deduction for foreign tax where no credit allowable)—

F65(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)omit paragraph (b) and the “and” immediately after it.

Textual Amendments

F65Sch. 1 para. 200(a) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

201In section 812(5) (withdrawal of right to tax credit of certain non-resident companies connected with unitary states) for paragraph (c) substitute—

(c)whether a person is connected with another is determined in accordance with section 839;.

202In section 816 (disclosure of information)—

F66(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)omit subsection (3A).

Textual Amendments

F66Sch. 1 para. 202(a) repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)

203Omit section 818 (arrangements for payments of interest less tax or of fixed net amount).

204Omit section 819 (old references to standard rate tax).

205In section 821(3) (under-deductions from payments made before passing of annual Act)—

(a)for paragraph (a) substitute—

(a)any payment to which section 906 of ITA 2007 applies (certain royalties etc where usual place of abode of owner is abroad), and, and

(b)omit paragraph (aa) and the “and” immediately after it.

206Omit section 823 (adjustments of reliefs where given at different times).

207Omit section 827A (territorial scope of charges under certain provisions to which section 836B applies).

208(1)Amend section 828 (orders and regulations made by the Treasury or the Board) as follows.U.K.

F67(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (4)—

(a)omit “1(6),”

(b)omit “257C, 582A(1),”, and

(c)omit “or section 82(4)(d) of the Capital Allowances Act”.

F68(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67Sch. 1 para. 208(2)-(4) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F68Sch. 1 para. 208(6) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

209Omit section 829 (application of Income Tax Acts to public departments and avoidance of exempting provisions).

210In section 830(1) (territorial sea) omit “income tax and”.

211In section 831(3) (interpretation of ICTA) after the definition of “ITTOIA 2005” insert—

ITA 2007” means the Income Tax Act 2007;.

F69212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69Sch. 1 para. 212 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

213Omit section 833 (interpretation of the Income Tax Acts).

F70214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Sch. 1 para. 214 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

215Omit section 835 (“total income” in the Income Tax Acts).

216Omit section 836 (returns of total income).

217Omit section 836B (table of provisions to which that section applies).

218Omit section 837 (“annual value” of land).

F71219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F71228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 1 paras. 219-228 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

229Omit section 842AA (venture capital trusts).

F72230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Sch. 1 para. 230 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F73231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73Sch. 1 para. 231 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

232(1)Amend Schedule 14 (provisions ancillary to section 266) as follows.U.K.

F74(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 6(1) for “subsections (6) and (7)” substitute “ subsection (7) ”.

(4)In paragraph 8 after sub-paragraph (3) insert—

(3A)In sub-paragraph (3) “industrial assurance business” means any industrial assurance business within the meaning given by—

(a)section 1(2) of the Industrial Assurance Act 1923, or

(b)Article 3(1) of the Industrial Assurance (Northern Ireland) Order 1979,

which was carried on before 1 December 2001.

Textual Amendments

F74Sch. 1 para. 232(2) omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(vi)

233In Part 1 of Schedule 15 (qualifying policies for the purposes of section 267) after paragraph 20 insert—

Meaning of “industrial assurance business”U.K.

20AIn this Part of this Schedule “industrial assurance business” means any industrial assurance business within the meaning given by—

(a)section 1(2) of the Industrial Assurance Act 1923, or

(b)Article 3(1) of the Industrial Assurance (Northern Ireland) Order 1979,

which was carried on before 1 December 2001.

234Omit Part 1 of Schedule 15B (venture capital trusts: relief from income tax).

235Omit Schedule 16 (collection of income tax on company payments).

236In paragraph 2(b) of Schedule 19B (petroleum extraction activities: exploration expenditure supplement) after “section 837B” insert “ of this Act and section 1003 of ITA 2007 ”.

F75237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Sch. 1 para. 237 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F76238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76Sch. 1 para. 238 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F77239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77Sch. 1 para. 239 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 2 (with Sch. 9 paras. 1-9, 22)

240Omit Schedule 28B (venture capital trusts: meaning of “qualifying holding”).

Part 2U.K.Other enactments

Chevening Estate Act 1959 (c. 49)U.K.

241In section 2(1A)(a) of the Chevening Estate Act 1959 (provisions as to income tax, estate duty and stamp duty) for “section 505(1A) of the Income and Corporation Taxes Act 1988” substitute “ section 533(2) of the Income Tax Act 2007 ”.

Taxes Management Act 1970 (c. 9)U.K.

242The Taxes Management Act 1970 is amended as follows.

F78243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79Sch. 1 para. 244 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

245(1)Amend section 12AB(1) (partnership return to include partnership statement) as follows.U.K.

(2)In paragraph (a)—

(a)insert the word “ and ” at the end of sub-paragraph (ii), and

(b)omit sub-paragraph (iv) and the “and” immediately before it.

(3)In paragraph (b) for “tax, credit or charge” substitute “ tax or credit ”.

246In section 12B(4A)(a) (records to be kept for purposes of returns) for sub-paragraph (ii) substitute—

(ii)section 495(1) or 975(2) or (4) of ITA 2007 (statements about deduction of income tax),.

247(1)Amend section 17 (interest paid or credited by banks etc without deduction of income tax or after deduction of income tax) as follows.U.K.

(2)In subsection (1) after “bank” insert “ or building society ”.

(3)In subsection (1A) for “section 840A of the principal Act” substitute “ section 991 of ITA 2007 ”.

(4)After subsection (6) insert—

(7)In the application of this section in relation to building societies, references to interest include references to dividends.

For this purpose “dividend” includes any distribution (whether or not described as a dividend).

(5)In the sidenote after “banks” insert “ , building societies ”.

248In section 21(5A) (transactions in securities etc) for “Schedule 23A to the principal Act” substitute “ Chapter 2 of Part 11 or Chapter 9 of Part 15 of ITA 2007 ”.

249In section 24(3A) (power to obtain information as to income from securities) for “section 840A of the principal Act” substitute “ section 991 of ITA 2007 ”.

F80250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

251In section 36(3A) (fraudulent or negligent conduct)—

(a)after “section 257BA of the principal Act” insert “ or any of sections 47 to 49 of ITA 2007 ”, and

(b)for “(elections as to transfer of married couple's allowance)” substitute “ (tax reductions for married couples and civil partners: elections to transfer relief) ”.

252(1)Amend section 37A (effect of assessment where allowances transferred) as follows.U.K.

(2)For “income tax reduction or deduction from total income” in both places where it occurs substitute “ deduction from net income or tax reduction ”.

(3)After “spouse” insert “ or civil partner ”.

(4)After “the principal Act” insert “ or section 39, 51 or 52 of ITA 2007 ”.

253In section 42(7) (procedure for making claims etc)—

(a)in paragraph (a) omit “723(3),”,

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

(c)after paragraph (e) insert and

(f)sections 668 and 669 of ITA 2007.

254In section 43A(2A) (further assessments: claims etc)—

(a)in paragraph (a) after “section 257BA of the principal Act” insert “ or any of sections 47 to 49 of ITA 2007 ”,

(b)in paragraph (a) for “(election as to transfer of married couple's allowance)” substitute “(tax reductions for married couples and civil partners: elections to transfer relief)”, F81...

F81(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81Sch. 1 para. 254(c) and preceding word repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1

F82255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

257In section 55(1) (recovery of tax not postponed)—

(a)omit paragraph (c), and

(b)in paragraph (d) for “that Act” substitute “ the principal Act ”.

258For section 87 (interest on income tax on company payments) substitute—

87Interest on overdue income tax deducted at source

(1)Income tax which is assessable under Chapter 15 of Part 15 of ITA 2007 carries interest at the rate applicable under section 178 of the Finance Act 1989 from the date when it was due under section 951 of ITA 2007 until payment.

(2)Subsection (1) applies—

(a)whether or not an assessment is made, and

(b)whether or not income tax which is assessed has been paid when the assessment is made.

(3)Subsection (1) applies even if the date when the income tax should have been paid is a non-business day as defined by section 92 of the Bills of Exchange Act 1882.

(4)Subsection (5) applies to any income tax which—

(a)was payable under Chapter 15 of Part 15 of ITA 2007 (collection: deposit-takers, building societies and certain companies) in respect of payments within section 946 of that Act made in a return period,

(b)was not paid on the date when it was due under section 951 of that Act, and

(c)has subsequently been discharged or repaid under section 953 of that Act because the person who made the payments received payments on which it suffered income tax by deduction in a later return period.

(5)The income tax carries interest under subsection (1) from the date when it was due under section 951 of ITA 2007 until the earliest of—

(a)the date when the income tax was paid,

(b)the date when the person delivered a return for the later return period, and

(c)the expiry of 14 days after the end of that period,

but subsection (1) does not otherwise apply to the income tax.

(6)In this section “return period” means a period for which a return is required to be made under Chapter 15 of Part 15 of ITA 2007.

F84259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84Sch. 1 para. 259 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

260(1)Amend section 98 (special returns etc) as follows.U.K.

(2)In subsection (4A)(a) for “section 350(1) of, or Schedule 16 to, the principal Act” substitute “ Chapter 15 or 16 of Part 15 of ITA 2007 ”.

(3)In subsection (4B) for paragraphs (a) to (d) substitute—

(a)the payment is made by a company, local authority or qualifying partnership (within the meaning of section 932 of ITA 2007) without an amount representing income tax on the payment being deducted from it,

(b)at the time the payment is made, the company, authority or partnership—

(i)does not believe that the payment is an excepted payment for the purposes of Chapter 11 of Part 15 of ITA 2007 (payments between companies etc: exception from duties to deduct), or

(ii)if it does so believe, cannot reasonably do so,

(c)the payment is one from which tax is deductible under Part 15 of ITA 2007 unless the company, authority or partnership reasonably believes that it is an excepted payment for the purposes of Chapter 11 of that Part, and

(d)the payment is not an excepted payment at the time the payment is made.

(4)Omit subsection (4C).

(5)For subsection (4D) substitute—

(4D)A payment is within this subsection if—

(a)it is a payment from which a sum representing income tax must be deducted under Chapter 6 (deduction from annual payments and patent royalties) or 7 (deduction from other payments connected with intellectual property) of Part 15 of ITA 2007,

(b)a company, purporting to rely on section 911 of that Act (double taxation arrangements: deduction at treaty rate), deducts less from the payment than required by those Chapters, and

(c)at the time the payment is made the payee (as defined in section 913 of that Act) is not entitled to relief under double taxation arrangements (as defined in section 1023 of that Act) and the company—

(i)does not believe that it is entitled to such relief, or

(ii)if it does so believe, cannot reasonably do so.

(6)For subsection (4DA) substitute—

(4DA)A payment is within this subsection if—

(a)it is a payment from which a sum representing income tax must be deducted under Chapter 6 (deduction from annual payments and patent royalties) or 7 (deduction from other payments connected with intellectual property) of Part 15 of ITA 2007,

(b)a company, purporting to rely on section 914 of ITA 2007 (EU companies: discretion to make payment gross), makes the payment without deducting a sum representing income tax, and

(c)at the time the payment is made the payment is not exempt from income tax as a result of section 758 of ITTOIA 2005 (exemption for certain interest and royalty payments) and the company—

(i)does not believe that the payment is so exempt, or

(ii)if it does so believe, cannot reasonably do so.

(7)In subsection (4E)(b) for “section 349(2) of the principal Act” substitute “ section 874 of ITA 2007 ”.

(8)In the first column of the Table—

(a)omit the entry relating to regulations under section 42A of ICTA,

(b)omit the entry relating to regulations under section 476(1) of ICTA,

(c)omit the entry relating to regulations under section 477A(1) of ICTA,

(d)omit the entry relating to section 482(3) of ICTA,

(e)omit the entry relating to regulations under section 482(11) of ICTA,

(f)omit the entry relating to section 483 of ICTA,

(g)omit the entry relating to regulations under section 555(7) of ICTA,

(h)omit the entry relating to section 745(1) of ICTA,

(i)omit the entry relating to paragraph 5(2) of Schedule 15B to ICTA,

(j)omit the entry relating to regulations under paragraph 11B(5) of Schedule 28B to ICTA,

(k)omit the entry relating to section 86(12) of FA 1995,

(l)omit the entry relating to regulations under Schedule 33 to FA 2002, and

(m)at the end insert—

sections 242 and 243(1) and (2) of ITA 2007;

section 271(2) of ITA 2007;

regulations under Chapter 5 of Part 6 of ITA 2007;

regulations under section 330(5) of ITA 2007;

section 703 of ITA 2007;

section 748(1) and (2) of ITA 2007;

section 771 of ITA 2007;

section 788 of ITA 2007;

section 862 of ITA 2007;

regulations under section 871(1) of ITA 2007;

regulations under section 969(1) of ITA 2007;

regulations under section 971(1) of ITA 2007;

paragraph 155(5) of Schedule 2 to ITA 2007.

(9)In the second column of the Table—

(a)omit the entry relating to regulations under section 42A of ICTA,

(b)omit the entry relating to section 350(1) of ICTA,

(c)omit the entry relating to regulations under section 476(1) of ICTA,

(d)omit the entry relating to regulations under section 477A(1) of ICTA,

(e)omit the entry relating to section 482(2) of ICTA,

(f)omit the entry relating to regulations under section 482(11) of ICTA,

(g)omit the entry relating to regulations under section 555(7) of ICTA,

(h)omit the entry relating to paragraph 5(1) of Schedule 15B to ICTA,

(i)omit the entry relating to Schedule 16 to ICTA,

(j)omit the entry relating to regulations under Schedule 33 to FA 2002,

(k)omit the entry relating to regulations under section 122 of FA 2006, and

(l)at the end insert—

sections 240 and 241 of ITA 2007;

section 271(1) of ITA 2007;

regulations under Chapter 5 of Part 6 of ITA 2007;

section 373 of ITA 2007;

regulations under section 871(1) of ITA 2007;

Chapter 15 of Part 15 of ITA 2007;

Chapter 16 of Part 15 of ITA 2007;

regulations under section 969(1) of ITA 2007;

regulations under section 971(1) of ITA 2007;

regulations under section 973(1) of ITA 2007.

(10)After the paragraph at the end of the Table insert— “ References in this Table to sections 240, 241, 242 and 243(1) and (2) of ITA 2007 are to provisions that apply only in relation to shares issued after 5 April 2007. ”

261In section 99A (certificates of non-liability to income tax) for “section 477A of the principal Act (building societies) or section 480B of that Act (deposit-takers)” substitute “ section 852 of ITA 2007 ”.

262After section 99A insert—

99BDeclarations under Chapter 2 of Part 15 of ITA 2007

Where a person fraudulently or negligently gives any incorrect information in a declaration under any of sections 858 to 861 of ITA 2007, the person shall be liable to a penalty not exceeding £3,000.

263In section 118(1) (interpretation)—

F85(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after the definition of “ITTOIA 2005” insert—

““ITA 2007” means the Income Tax Act 2007,”.

Textual Amendments

F85Sch. 1 para. 263(a) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

264In paragraph 9(2) of Schedule 1A (claims etc not included in returns)—

(a)in paragraph (a) for “(personal reliefs for non-residents)” substitute “ or section 56 or 460 of ITA 2007 (residence etc of claimants) ”, and

(b)in paragraph (c) for “of that Act” substitute “ of the principal Act ”.

Finance Act 1971 (c. 68)U.K.

265Omit section 21 of, and Schedule 3 to, the Finance Act 1971 (occupational pension schemes).

Biological Standards Act 1975 (c. 4)U.K.

266In section 2(4A)(a) of the Biological Standards Act 1975 (general provisions about the Board) for “section 505(1A) of the Income and Corporation Taxes Act 1988” substitute “ section 533(2) of the Income Tax Act 2007 ”.

House of Commons Disqualification Act 1975 (c. 24)U.K.

F86267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inheritance Tax Act 1984 (c. 51)U.K.

268The Inheritance Tax Act 1984 is amended as follows.

269In section 157(6) (non-residents' bank accounts) for “section 840A of the Taxes Act 1988” substitute “ section 991 of the Income Tax Act 2007 ”.

270In section 204(5) (limitation of liability) for “section 739 or 740 of the Taxes Act 1988” substitute “ Chapter 2 of Part 13 of the Income Tax Act 2007 ”.

271In section 272 (general interpretation) in the definition of “authorised unit trust” for the words from “section 469” to “section)” substitute “ the Income Tax Acts (see section 1007 of the Income Tax Act 2007) ”.

Administration of Justice Act 1985 (c. 61)U.K.

272In paragraph 36(3) of Schedule 2 to the Administration of Justice Act 1985—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after “1988” insert “ and sections 749, 771(5) and (6) and 788(5) and (6) of the Income Tax Act 2007 ”.

Textual Amendments

F87Sch. 1 para. 272(a) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

Building Societies Act 1986 (c. 53)U.K.

273In section 8(9) of the Building Societies Act 1986 (raising funds and borrowing) for “482(6) of the Income and Corporation Taxes Act 1988” substitute “ 866(2) and (3) of the Income Tax Act 2007 ”.

Finance Act 1988 (c. 39)U.K.

274The Finance Act 1988 is amended as follows.

F88275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88Sch. 1 para. 275 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 12 (with Sch. 9 paras. 1-9, 22)

276In Schedule 6 (commercial woodlands) omit paragraph 3(3) to (5).

277In paragraph 6(1)(b) of Schedule 12 (building societies: change of status) for the words from “section 477A” to the end substitute “ Chapter 2 of Part 15 of the Income Tax Act 2007 (deduction of income tax at source: deposit-takers and building societies) ”.

Finance Act 1989 (c. 26)U.K.

278The Finance Act 1989 is amended as follows.

F89279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89Sch. 1 para. 279 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

280In section 111 (residence of personal representatives)—

(a)omit subsections (1) to (3) and (6) to (8), and

(b)in subsection (5) omit the words “Subject to subsections (6) to (8) below,”.

281(1)Amend section 151 (assessment of trustees and personal representatives) as follows.U.K.

(2)In subsection (2)(a) omit the words from “other” to “2005,”.

(3)Omit subsection (2)(b) and the “and” immediately before it.

(4)Omit subsection (3).

282In section 182(3) (disclosure of information) at the end of paragraph (d) insert “ or section 704 of the Income Tax Act 2007 ”.

283(1)Amend Schedule 5 (employee share ownership trusts) as follows.U.K.

(2)In paragraph 15 for “section 840 of the Taxes Act 1988” substitute “ section 995 of the Income Tax Act 2007 ”.

(3)In paragraph 16(2)—

(a)in paragraph (b) for “section 840 of that Act” substitute “ section 995 of the Income Tax Act 2007 ”, and

(b)in paragraph (c) for “that Act” substitute “ the Taxes Act 1988 ”.

Finance Act 1990 (c. 29)U.K.

284(1)Amend section 25 of the Finance Act 1990 (c. 29) (donations to charity by individuals) as follows.U.K.

(2)Omit subsections (1) to (9A), (11) and (13).

F90(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90Sch. 1 para. 284(3)(4) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

Finance Act 1991 (c. 31)U.K.

285The Finance Act 1991 (c. 31) is amended as follows.

286Omit section 53 (Income Tax (Building Society) Regulations 1986).

287Omit section 72 (deduction of trading losses).

Social Security Contributions and Benefits Act 1992 (c. 4)U.K.

288The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows.

289In section 4A(3)(i)(i) (earnings of workers supplied by service companies etc) for “section 839 of the Income and Corporation Taxes Act 1988” substitute “ section 993 of the Income Tax Act 2007 ”.

290(1)Amend Schedule 2 (levy of Class 4 contributions with income tax) as follows.U.K.

(2)In paragraph 1 after paragraph (ab) insert—

(ac)ITA 2007” means the Income Tax Act 2007;.

(3)In paragraph 3—

(a)in sub-paragraph (1)—

(i)for “the Act of 1988” substitute “ ITA 2007 ”,

(ii)in paragraph (a) for “sections 380 and 381” substitute “ sections 64 and 72 ”,

(iii)in paragraph (c) for “section 385” substitute “ section 83 ”, and

(iv)in paragraph (d) for “sections 388 and 389” substitute “ section 89 ”,

(b)in sub-paragraph (2)—

(i)omit “of the Act of 1988”,

(ii)in paragraph (a) after “Chapter I of Part VII” insert “ of the Act of 1988 and Chapters 2 and 3 of Part 3 and sections 457, 458 and 459 of ITA 2007 ”,

(iii)in paragraph (b) for “section 353” substitute “ section 383 of ITA 2007 ”,

(iv)omit paragraph (c), and

(v)in paragraph (d) for “section 390” substitute “ sections 88 and 94 of ITA 2007 ”,

(c)in sub-paragraph (4) for “total income” substitute “ net income ”,

(d)in sub-paragraph (5)—

(i)omit paragraph (a), and

(ii)in paragraph (b) for “section 353 of that Act” substitute “ section 383 of ITA 2007 ”.

(4)In paragraph 9(4) for “section 832 of the Act of 1988” substitute “ section 989 of ITA 2007 ”.

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)U.K.

291The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended as follows.

292In section 4A(3)(i)(i) (earnings of workers supplied by service companies etc) for “section 839 of the Income and Corporation Taxes Act 1988” substitute “ section 993 of the Income Tax Act 2007 ”.

293(1)Amend Schedule 2 (Schedule 2 to the Social Security Contributions and Benefits Act 1992: levy of Class 4 contributions with income tax) as follows.U.K.

(2)In paragraph 1 after paragraph (ab) insert—

(ac)ITA 2007” means the Income Tax Act 2007;.

(3)In paragraph 3—

(a)in sub-paragraph (1)—

(i)for “the Act of 1988” substitute “ ITA 2007 ”,

(ii)in paragraph (a) for “sections 380 and 381” substitute “ sections 64 and 72 ”,

(iii)in paragraph (c) for “section 385” substitute “ section 83 ”, and

(iv)in paragraph (d) for “sections 388 and 389” substitute “ section 89 ”,

(b)in sub-paragraph (2)—

(i)omit “of the Act of 1988”,

(ii)in paragraph (a) after “Chapter I of Part VII” insert “ of the Act of 1988 and Chapters 2 and 3 of Part 3 and sections 457, 458 and 459 of ITA 2007 ”,

(iii)in paragraph (b) for “section 353” substitute “ section 383 of ITA 2007 ”,

(iv)omit paragraph (c), and

(v)in paragraph (d) for “section 390” substitute “ sections 88 and 94 of ITA 2007 ”,

(c)in sub-paragraph (4) for “total income” substitute “ net income ”,

(d)in sub-paragraph (5)—

(i)omit paragraph (a), and

(ii)in paragraph (b) for “section 353 of that Act” substitute “ section 383 of ITA 2007 ”.

(4)In paragraph 9(4) for “section 832 of the Act of 1988” substitute “ section 989 of ITA 2007 ”.

Taxation of Chargeable Gains Act 1992 (c. 12)U.K.

294The Taxation of Chargeable Gains Act 1992 is amended as follows.

F91295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91Sch. 1 para. 295 omitted (21.7.2008 with effect in accordance with Sch. 2 para. 22 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 21(k)

F92296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92Sch. 1 para. 296 omitted (21.7.2008 with effect in accordance with Sch. 2 para. 22 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 21(k)

297For section 11 (visiting forces, agents-general etc) substitute—

11Visiting forces and official agents

(1)If section 833 of ITA 2007 (visiting forces and staff of designated allied headquarters) applies to an individual throughout a period, the period is not treated for capital gains tax purposes as—

(a)a period of residence in the United Kingdom, or

(b)creating a change of the individual's residence or domicile.

(2)If an individual is entitled to immunity from income tax by virtue of section 841 of ITA 2007 (which provides immunity from income tax for official agents of Commonwealth countries or the Republic of Ireland etc), the individual is entitled to the same immunity from capital gains tax as that to which a member of the staff of a mission is entitled under the Diplomatic Privileges Act 1964.

(3)A member of the staff of a mission” is to be read in accordance with the Diplomatic Privileges Act 1964.

298In section 16(1) (computation of losses) for “section 72 of the Finance Act 1991” substitute “ sections 261B, 261D and 263ZA ”.

299In section 37 (consideration chargeable to tax on income) at the end insert—

(5)If—

(a)because section 759(4) or (6) of ITA 2007 applies, the person charged to tax under Chapter 3 of Part 13 of that Act (transactions in land) is a person other than the person (“A”) by whom the gain was realised, and

(b)the income tax has been paid,

for the purposes of this section the amount charged to that tax is regarded as having been charged as the income of A.

(6)If—

(a)because section 777(5) of that Act applies, the person charged to tax under Chapter 4 of Part 13 of that Act (sales of occupation income) is a person other than the person (“B”)—

(i)for whom the capital amount was obtained, or

(ii)in the case of income treated as arising under section 779 of that Act, by whom the property or right was sold or realised, and

(b)the income tax has been paid,

for the purposes of this section the amount charged to that tax is regarded as having been charged as the income of B.

(7)In subsection (6) “capital amount” has the same meaning as in Chapter 4 of Part 13 of that Act (sales of occupation income) (see section 777(7) of that Act).

300In section 39 (exclusion of expenditure by reference to tax on income) after subsection (3) insert—

(4)If—

(a)because section 759(4) or (6) of ITA 2007 applies, the person charged to tax under Chapter 3 of Part 13 of that Act (transactions in land) is a person other than the person (“A”) by whom the gain was realised, and

(b)the income tax has been paid,

for the purposes of this section the amount charged to that tax is regarded as having been charged as the income of A.

F93301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93Sch. 1 para. 301 omitted (21.7.2008 with effect in accordance with Sch. 2 para. 22 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 21(k)

302In section 97(3) (settlements etc: supplementary provisions) for “section 740(2)(b) of the Taxes Act” substitute “ section 733 of ITA 2007 ”.

303In section 98(2) (power to obtain information for purposes of sections 87 to 90)—

(a)for the words from the beginning to “745(1)” substitute “ Sections 748(3) to (5), 749 and 750 of ITA 2007 shall have effect in relation to subsection (1) above as they have effect in relation to section 748(1) and (2) of that Act ”, and

(b)in paragraph (a) for “Chapter III of Part XVII of the Taxes Act” substitute “ Chapter 2 of Part 13 of that Act ”.

304In section 101B(1)(a) (transfer of a company's assets to VCT), for “section 842AA of the Taxes Act” substitute “ Part 6 of ITA 2007 ”.

305In section 101C(7) (transfer within group to VCT), for “section 842AA of the Taxes Act” substitute “ Part 6 of ITA 2007 ”.

306(1)Amend section 105A (shares acquired on the same day: elections for alternative treatment) as follows.U.K.

(2)In subsection (4)—

(a)after “Chapter 3 of Part 7 of the Taxes Act” insert “ , relief under Part 5 of ITA 2007 ”,

(b)after “section 299 of the Taxes Act” insert “ or section 246 of ITA 2007 ”,

(c)for “of that Act” substitute “ of the Taxes Act or subsection (3) of section 246 of ITA 2007 ”, and

(d)for “that section” substitute “ section 299 of the Taxes Act or subsection (4) of section 246 of ITA 2007 ”.

(3)In subsection (7)—

(a)after “Chapter 3 of Part 7 of the Taxes Act” insert “ or relief under Part 5 of ITA 2007 ”,

(b)for “that Act” substitute “ the Taxes Act or section 245 of ITA 2007 ”, and

(c)after “that Chapter” insert “ or relief under that Part ”.

(4)After subsection (8) insert—

(9)In this section references to Part 5 of ITA 2007 or any provision of that Part are to a Part or provision that applies only in relation to shares issued after 5 April 2007.

307In section 108(1)(a) (identification of relevant securities) for “section 710 of the Taxes Act” substitute “ Chapter 2 of Part 12 of ITA 2007 (accrued income profits) ”.

308(1)Amend section 119 (transfer of securities subject to the accrued income scheme) as follows.U.K.

(2)For subsections (1) to (5) substitute—

(1)Where there is a transfer of securities within the meaning of Chapter 2 of Part 12 of ITA 2007 (accrued income profits)—

(a)if a payment is treated as made to the transferor under section 632 of that Act or by the transferor under section 633 of that Act, section 37 shall be disregarded in computing the gain accruing on the disposal concerned;

(b)if a payment is treated as made by the transferee under section 632 of that Act or to the transferee under section 633 of that Act, section 39 shall be disregarded in computing the gain accruing to the transferee if he disposes of the securities;

but subsections (2) and (3) below shall apply.

(2)Where the securities are transferred with accrued interest (within the meaning of that Chapter)—

(a)if a payment is treated as made to the transferor under section 632 of ITA 2007, an amount equal to the amount of that payment shall be excluded from the consideration mentioned in subsection (8) below;

(b)if a payment is treated as made by the transferee under that section, an amount equal to the amount of that payment shall be excluded from the sums mentioned in subsection (9) below.

(3)Where the securities are transferred without accrued interest (within the meaning of that Chapter)—

(a)if a payment is treated as made by the transferor under section 633 of ITA 2007, an amount equal to the amount of that payment shall be added to the consideration mentioned in subsection (8) below;

(b)if a payment is treated as made to the transferee under that section, an amount equal to the amount of that payment shall be added to the sums mentioned in subsection (9) below.

(3A)Subsections (3B) and (3C) below apply where there is a transfer of variable rate securities (within the meaning of that Chapter) and—

(a)the transferor is treated as making accrued income profits under section 630(2) of ITA 2007, or

(b)a payment is treated as made to the transferor under section 635 of that Act.

(3B)Section 37 shall be disregarded in computing the gain accruing on the disposal concerned.

(3C)An amount equal to the amount of the profits or payment shall be excluded from the consideration mentioned in subsection (8) below.

(4)Where there is a transfer of securities with unrealised interest (within the meaning of Chapter 2 of Part 12 of ITA 2007)—

(a)if section 630 of that Act applies or a payment is treated as made to the transferor under section 634 of that Act, section 37 shall be disregarded in computing the gain accruing on the disposal concerned, but the relevant amount shall be excluded from the consideration mentioned in subsection (8) below;

(b)if section 681 of that Act applies, section 39 shall be disregarded in computing the gain accruing on the disposal concerned, but the relevant amount shall be excluded from the sums mentioned in subsection (9) below.

(5)In subsection (4) above “the relevant amount” means an amount equal to—

(a)if paragraph (b) below does not apply, the amount of the unrealised interest in question (within the meaning of Chapter 2 of Part 12 of ITA 2007);

(b)if section 660 of that Act applies—

(i)in a case falling within subsection (4)(a) above, the amount taken, by virtue of section 660 or 661 of that Act (as the case may be), to be the unrealised interest value for the purposes of section 660(2) or (3) of that Act;

(ii)in a case falling within subsection (4)(b) above, the amount of income that is exempt from liability to income tax under section 681 of that Act.

(3)In subsection (6) for the words from “as if” to the end substitute “as if for “ is treated as made ”, in each place where it occurs, there were substituted “would, if the disposal were a transfer, be treated as made”.”

(4)For subsection (7) substitute—

(7)Where there is a disposal of securities for the purposes of this Act which is not a transfer (within the meaning of Chapter 2 of Part 12 of ITA 2007) but, if it were such a transfer, a payment would be treated as made under section 632 or 633 of that Act, the securities shall be treated—

(a)for the purposes of subsection (6) above, as transferred on the day of the disposal, and

(b)for the purposes of subsections (2) and (3) above, as transferred with accrued interest if, had the disposal been a transfer within the meaning of that Chapter, it would have been a transfer with accrued interest and as transferred without accrued interest if, had the disposal been such a transfer, it would have been a transfer without accrued interest.

(7A)In relation to any securities which by virtue of subsection (7B) below are treated for the purposes of this subsection as having been transferred, subsection (3A) above shall have effect as if—

(a)for “is treated as making” there were substituted “ would, if the disposal were a transfer, be treated as making ”, and

(b)for “is treated as made” there were substituted “ would, if the disposal were a transfer, be treated as made ”.

(7B)Where there is a disposal of securities for the purposes of this Act which is not a transfer (within the meaning of Chapter 2 of Part 12 of ITA 2007) but, if it were such a transfer, the transferor would be treated as making accrued income profits under section 630(2) of that Act in respect of a transfer of variable rate securities or a payment would be treated as made under section 635 of that Act—

(a)the securities shall be treated, for the purposes of subsection (7A) above, as transferred on the day of the disposal, and

(b)the transfer shall be treated, for the purposes of subsection (3A) above, as a transfer of variable rate securities.

(5)In subsection (10) for the words from “a person is treated”, in the first place where it occurs, to “(determined under that section)”, in the first place it occurs, substitute “ a payment is treated as made to a person under section 632 or 635 of ITA 2007, or a person is treated as making accrued income profits under section 630(2) of that Act in respect of a transfer of variable rate securities, an amount equal to the amount of the payment or profits ”.

(6)In the full-out words of subsection (10) for the words from “a person is treated” to “(determined under that section)” substitute “ a payment is treated as made by a person under section 633 of that Act an amount equal to the amount of the payment ”.

309After section 125 insert—

Share loss reliefU.K.
125AEffect of share loss relief

(1)If loss relief under section 573 of the Taxes Act or Chapter 6 of Part 4 of ITA 2007 (“share loss relief”) is obtained in respect of a loss or any part of a loss, no deduction is to be made in respect of the loss or (as the case may be) the part under this Act.

(2)If a claim is made for share loss relief in respect of a loss accruing on the disposal of shares, section 30 has effect in relation to the disposal as if for the references in subsections (1)(b) and (5) to a tax-free benefit there were substituted references to any benefit whether tax-free or not.

(3)All such adjustments of corporation tax on chargeable gains or capital gains tax are to be made, whether by way of assessment or by way of discharge or repayment of tax, as may be required in consequence of—

(a)share loss relief being obtained in respect of an allowable loss, or

(b)such relief not being obtained in respect of the whole or part of such a loss in respect of which a claim is made.

F94310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F94Sch. 1 para. 310 omitted (with effect in accordance with Sch. 12 para. 18(1) of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 12 para. 15(3)

311(1)Amend section 150A (enterprise investment schemes) as follows.U.K.

(2)In subsection (2) after “section 312 (1A)(a) of the Taxes Act” insert “ or section 159(2) of ITA 2007 ”.

(3)In subsection (3) for paragraphs (a), (aa) and (b) substitute—

(a)an individual's liability to income tax has been reduced (or treated by virtue of section 304 of the Taxes Act or section 245 of ITA 2007 (spouses and civil partners) as reduced) for any year of assessment under section 289A of the Taxes Act or section 158 of ITA 2007 in respect of any issue of shares,

(b)the amount of the reduction (“A”) is less than the amount (“B”) which is equal to tax at the savings rate for that year on the amount subscribed for the issue, and

(c)A is not found under section 289A(2)(b) of the Taxes Act or (as the case may require) is not within paragraph (b) solely by virtue of section 29(2) and (3) of ITA 2007,.

(4)In subsection (4) after “the Taxes Act” insert “ or as provided by section 246 of ITA 2007 ”.

(5)In subsection (8B) for the words from “subsection (2)” to the end substitute “ section 306(2) of the Taxes Act or section 203(1) of ITA 2007 and in accordance with section 306 of the Taxes Act or sections 204 and 205 of ITA 2007 ”.

(6)In subsection (8C) after “Taxes Act” insert “ or section 159(2) of ITA 2007 ”.

(7)In subsection (8D)—

(a)after “section 304A of the Taxes Act” insert “ or section 247 of ITA 2007 ”, and

(b)for paragraph (b) substitute—

(b)the following—

(i)subsections (2)(b), (3) and (4) of section 304A of the Taxes Act and subsection (5) of that section so far as relating to section 306(2) of that Act, or

(ii)sections 247(3)(b), 248(2)(a) and 249 of ITA 2007,

shall apply for the purposes of this section as they apply for the purposes of Chapter 3 of Part 7 of the Taxes Act or Part 5 of ITA 2007.

(8)In subsection (10A) for “the same meaning as in the Taxes Act” substitute “ the meaning given in section 989 of ITA 2007 ”.

(9)In subsection (11)—

(a)after “Taxes Act” insert “ or Part 5 of ITA 2007 ”, and

(b)after “that Chapter” insert “ or means shares that meet the requirements of section 173(2) of ITA 2007 ”.

(10)After subsection (12) insert—

(13)References in this section to Part 5 of ITA 2007 or any provision of that Part are to a Part or provision that applies only in relation to shares issued after 5 April 2007.

312(1)Amend section 150B (enterprise investment scheme: reduction of relief) as follows.U.K.

(2)In subsection (1)—

(a)after “section 300(1A)(a) of the Taxes Act” insert “ or section 213(2)(a) of ITA 2007 ”, and

(b)for “that Act” substitute “ the Taxes Act or section 224(2)(a) of ITA 2007 ”.

(3)In subsection (6) for “Subsections (11) and (12)” substitute “ Subsections (11) to (13) ”.

F95313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95Sch. 1 para. 313 omitted (21.7.2008 with effect in accordance with Sch. 2 para. 56(3) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 55(i)

314In section 151A(7) (venture capital trusts: reliefs) for “the meaning of the Taxes Act” substitute “ the meaning given in section 989 of ITA 2007 ”.

315(1)Amend section 151B (VCTs: supplementary) as follows.U.K.

(2)In subsection (3)—

(a)in paragraph (a) for “been given” substitute “ obtained ” and for “Part 1 of Schedule 15B to the Taxes Act” substitute “ Chapter 2 of Part 6 of ITA 2007 ”, and

(b)in paragraphs (b) and (c) for “been given” substitute “ obtained ” and for “that Part of that Schedule” substitute “ that Chapter of that Part ”.

(3)In subsection (6)(b) for “section 842AA(8) of the Taxes Act” substitute “ section 281(3) of ITA 2007 ”.

(4)In subsection (8)(b) for “given” substitute “ obtained ” and for “Part 1 of Schedule 15B to the Taxes Act” substitute “ Chapter 2 of Part 6 of ITA 2007 ”.

316After section 151B insert—

151BACITR: identification of securities or shares on a disposal

(1)This section applies for the purpose of identifying the securities or shares disposed of in any case where—

(a)an individual or company (“the investor”) disposes of part of a holding of securities or shares (“the holding”), and

(b)the holding includes securities or shares to which CITR is attributable in respect of one or more years of assessment or accounting periods that have been held by the investor continuously from the time they were issued until the disposal.

(2)Any disposal by the investor of securities or shares included in the holding which have been acquired by the investor on different days is treated as relating to those acquired on an earlier day rather than to those acquired on a later day.

(3)If there is a disposal by the investor of securities or shares included in the holding which have been acquired by the investor on the same day, any of those securities or shares—

(a)to which CITR is attributable, and

(b)which have been held by the investor continuously from the time they were issued until the time of disposal,

are treated as disposed of after any other securities or shares included in the holding which were acquired by the investor on that day.

(4)For the purposes of this section a holding of securities is any number of securities of a company which—

(a)carry the same rights,

(b)were issued under the same terms, and

(c)are held by the investor in the same capacity.

It does not matter for this purpose that the number of the securities grows or diminishes as securities carrying those rights and issued under those terms are acquired or disposed of.

(5)For the purposes of this section a holding of shares is any number of shares in a company which—

(a)are of the same class, and

(b)are held by the investor in the same capacity.

It does not matter for this purpose that the number of the shares grows or diminishes as shares of that class are acquired or disposed of.

(6)Chapter 1 of Part 4 (share pooling, etc) has effect subject to this section.

(7)Sections 104 to 107 (which make provision for the identification of securities and shares on a disposal) do not apply to securities or shares to which CITR is attributable.

(8)In a case to which section 127 (equation of original shares and new holding) applies, shares included in the new holding are treated for the purposes of subsections (2) and (3) as acquired when the original shares were acquired.

(9)In subsection (8)—

(a)the reference to section 127 includes a reference to that section as it is applied by virtue of any enactment relating to chargeable gains, and

(b)original shares” and “new holding” have the same meaning as in section 127, or (as the case may be) that section as applied by virtue of the enactment in question.

(10)In this section and sections 151BB and 151BC—

(a)if the investor is an individual—

(i)CITR” has the meaning given by section 333 of ITA 2007,

(ii)references to CITR being attributable to securities, shares or debentures are to be read in accordance with section 357 of that Act, and

(iii)references to securities, shares or debentures having been held by the investor continuously are to be read in accordance with section 380 of that Act,

(b)if the investor is a company—

(i)CITR” means relief under Part 5 of Schedule 16 to the Finance Act 2002,

(ii)references to CITR being so attributable are to be read in accordance with paragraph 26 of that Schedule, and

(iii)references to securities, shares or debentures having been held by the investor continuously are to be read in accordance with paragraph 49 of that Schedule.

317After section 151BA insert—

151BBCITR: rights issues etc

(1)If—

(a)an individual or company (“the investor”) holds shares in the CDFI which are of the same class and held in the same capacity (“the existing holding”),

(b)there is a reorganisation affecting the existing holding as a result of an allotment which—

(i)falls within section 126(2)(a) (an allotment of shares or debentures in respect of and in proportion to an original holding), and

(ii)is not an allotment of corresponding bonus shares,

(c)immediately after the reorganisation, CITR is attributable to the shares included in the existing holding or the shares or debentures allotted in respect of those shares, in respect of one or more years of assessment or accounting periods, and

(d)if CITR is attributable to the shares included in the existing holding at that time, those shares have been held by the investor continuously from the time they were issued until the reorganisation,

sections 127 to 130 (treatment of share capital following a reorganisation) do not apply in relation to the existing holding.

(2)Section 116(10) (reorganisations, conversions and reconstructions) does not apply in any case where the old asset consists of shares held (in the same capacity) by the investor—

(a)that have been held by the investor continuously from the time they were issued until the relevant transaction, and

(b)to which CITR is attributable immediately before that transaction.

In this subsection “old asset” and “the relevant transaction” have the meaning given by section 116.

(3)For the purposes of subsection (1)—

  • corresponding bonus shares” means bonus shares that—

    (a)

    are issued in respect of shares included in the existing holding, and

    (b)

    are in the same company, are of the same class, and carry the same rights as, those shares,

  • reorganisation” has the meaning given in section 126.

(4)The following provisions of this Act have effect subject to this section—

  • section 116 (reorganisations, conversions and reconstructions);

  • Chapter 2 of Part 4 (reorganisation of share capital, conversion of securities etc).

(5)In this section “the CDFI” is to be read—

(a)if the investor is an individual, in accordance with section 334(2) of ITA 2007,

(b)if the investor is a company, in accordance with paragraph 1(2) of Schedule 16 to the Finance Act 2002.

318After section 151BB insert—

151BCCITR: company reconstructions etc

(1)If—

(a)an individual or company (“the investor”) holds shares in or debentures of a company (“company A”),

(b)there is a reconstruction or amalgamation affecting that holding (“the existing holding”),

(c)immediately before the reconstruction or amalgamation, CITR is attributable to the shares or debentures included in the existing holding in respect of one or more years of assessment or accounting periods, and

(d)the shares or debentures included in the existing holding have been held by the investor continuously from the time they were issued until the reconstruction or amalgamation,

sections 135 and 136 (share exchanges and company reconstructions) do not apply in respect of the existing holding.

(2)Subsection (1)(a) applies only if the shares or debentures are held by the investor in the same capacity.

(3)For the purposes of subsection (1) a “reconstruction or amalgamation” means an issue by a company of shares in or debentures of that company in exchange for or in respect of shares in or debentures of company A.

(4)The following provisions of this Act have effect subject to this section—

  • section 116 (reorganisations, conversions and reconstructions),

  • Chapter 2 of Part 4 (reorganisation of share capital, conversion of securities etc).

(5)The investor is treated as disposing of any securities or shares which but for subsection (1) the investor—

(a)would be treated as exchanging for other securities or shares by virtue of section 136, or

(b)would be so treated but for section 137(1) (which restricts section 136 to genuine reconstructions).

319In section 151C(5) (strips: manipulation of price: associated payment giving rise to loss) for “section 709(1)” substitute “ section 840ZA ”.

320In section 151D(5) (corporate strips: manipulation of price: associated payment giving rise to loss) for “section 709(1)” substitute “ section 840ZA ”.

321In section 161 (stock in trade: appropriations to and from stock) after subsection (4) insert—

(5)If—

(a)any person is charged to income tax under section 755 of ITA 2007 (charge to tax from transactions in land) on the realisation of a gain because the condition in section 756(3)(d) is met, and

(b)the gain is calculated on the basis that any property was appropriated as trading stock,

the property shall be treated on that basis also for the purposes of this section.

322In section 169D(1) (gifts to settlor-interested settlements: exceptions) for “691(2) of the Taxes Act (certain income of maintenance funds for historic buildings not to be income of settlor etc)” substitute “ 508 of ITA 2007 (trustees' election in respect of income arising from heritage maintenance property) ”.

323In section 226B(1) (private residence relief: special cases) for “691(2) of the Taxes Act (certain income of maintenance funds for historic buildings not to be income of settlor etc)” substitute “ 508 of ITA 2007 (trustees' election in respect of income arising from heritage maintenance property) ”.

324In section 231(1) and (3) (shares: special provision) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”.

325In section 241(3)(a) (furnished holiday lettings) for the words from “the Taxes Act)” to “that Act)” substitute “ the Income Tax Acts), or any Schedule A business (within the meaning of the Taxes Act) ”.

326(1)Amend section 256 (charities) as follows.U.K.

(2)In subsection (1) for the words “subsection (2) below” substitute “ the following provisions of this section ”.

(3)After subsection (2) insert—

(3)Subsection (4) below applies if a charitable trust has a non-exempt amount under section 540 of ITA 2007 for a year of assessment.

(4)Gains accruing to the charitable trust in the year of assessment are treated as being, and always having been, chargeable gains so far as they are attributed under section 256A to the non-exempt amount.

(5)For restrictions on exemptions under Part 10 of ITA 2007 (special rules about charitable trusts etc) see section 539 of that Act.

327After section 256 insert—

256AAttributing gains to the non-exempt amount

(1)This section applies if a charitable trust has a non-exempt amount under section 540 of ITA 2007 for a year of assessment.

(2)Attributable gains of the charitable trust for the year of assessment may be attributed to the non-exempt amount but only so far as the non-exempt amount has not been used up.

(3)The non-exempt amount can be used up (in whole or in part) by—

(a)attributable gains being attributed to it under this section, or

(b)attributable income being attributed to it under section 541 of ITA 2007.

(4)The whole of the non-exempt amount must be used up by—

(a)attributable gains being attributed to the whole of it under this section,

(b)attributable income being attributed to the whole of it under section 541 of ITA 2007, or

(c)a combination of attributable gains being attributed to some of it under this section and attributable income being attributed to the rest of it under section 541 of ITA 2007.

(5)See section 256B for the way in which gains are to be attributed to the non-exempt amount under this section.

(6)In this section and section 256B a charitable trust's “attributable income”, and “attributable gains”, for a tax year have the same meaning as in Part 10 of ITA 2007 (see section 540 of that Act).

256BHow gains are attributed to the non-exempt amount

(1)This section is about the ways in which attributable gains can be attributed to a non-exempt amount under section 256A.

(2)The trustees of the charitable trust may specify the attributable gains that are to be attributed to the non-exempt amount.

(3)A specification under subsection (2) is made by notice to an officer of Revenue and Customs.

(4)Subsection (6) applies if—

(a)an officer of Revenue and Customs requires the trustees of a charitable trust to make a specification under this section, and

(b)the trustees have not given notice under subsection (3) of the specification before the end of the required period.

(5)The required period is 30 days beginning with the day on which the officer made the requirement.

(6)An officer of Revenue and Customs may determine the attributable gains that are to be attributed to the non-exempt amount.

328In section 257 (gifts to charities etc) after subsection (2) insert—

(2A)Subsection (2B) applies if relief is available under Chapter 3 of Part 8 of ITA 2007 or section 587B of the Taxes Act (gifts of shares, securities and real property to charities) in relation to the disposal of a qualifying investment to a charity (whether or not a claim for relief is actually made).

(2B)The consideration for which the charity's acquisition of the qualifying investment is treated by virtue of subsection (2) above as having been made—

(a)is reduced by the relievable amount if relief in relation to the disposal is available only under Chapter 3 of Part 8 of ITA 2007,

(b)is reduced by the relevant amount if relief in relation to the disposal is available only under section 587B of the Taxes Act,

(c)is reduced by the relievable amount if relief in relation to the disposal is available both under that Chapter and that section as a result of section 442 of ITA 2007 and section 587BA of the Taxes Act, or

(d)is reduced to nil if that consideration is less than the amount referred to in paragraph (a), (b) or (c) (as the case may be).

(2C)In subsections (2A) and (2B)—

  • qualifying investment” has the same meaning as in Chapter 3 of Part 8 of ITA 2007 (see section 432 of that Act),

  • relevant amount” has the same meaning as in section 587B of the Taxes Act, and

  • relievable amount” has the same meaning as in Chapter 3 of Part 8 of ITA 2007 (see section 434 of that Act).

329After section 261A insert—

Deduction of trading losses or post-cessation expenditure etcU.K.
261BTreating trade loss etc as CGT loss

(1)A person may make a claim under this section if—

(a)relief is available to the person under section 64 or 128 of ITA 2007 (trade or employment loss relief against general income) for a tax year in relation to an amount of loss, and

(b)the person makes a claim under that section for the amount to be deducted in calculating the person's net income for the tax year.

(2)A person may also make a claim under this section if—

(a)relief is available to the person as mentioned in subsection (1)(a) for a tax year in relation to an amount of loss, but

(b)the person's total income for the tax year is nil or does not include any income from which the amount can be deducted.

(3)A claim under this section is for determining so much of the amount of the loss (“the relevant amount”) as—

(a)is not deducted in calculating the person's net income for the tax year, and

(b)has not already been taken into account for the purposes of any relief for any other tax year or any year of assessment (whether under ITA 2007, this section or otherwise).

(4)When the relevant amount can no longer be varied—

(a)by the Commissioners on appeal, or

(b)on the order of a court,

it is treated for the purposes of capital gains tax as an allowable loss accruing to the person in the year of assessment corresponding to the tax year.

(5)But so much of the relevant amount as exceeds the maximum amount (see section 261C) is not to be treated for the purposes of capital gains tax as an allowable loss.

(6)The excess may, however, be used in giving effect to any other loss relief under Part 4 of ITA 2007 (depending on the terms of the relief).

(7)The amount treated as an allowable loss under this section—

(a)is no longer to be regarded as an amount available for income tax relief, and

(b)is not to be deductible from chargeable gains accruing to a person in any year of assessment that begins after the person has permanently ceased to carry on the trade, profession, vocation, employment or office in which the loss was made.

(8)A claim under this section must be made on or before the first anniversary of the normal self-assessment filing date for the tax year in which the loss was made in the trade, profession, vocation, employment or office.

(9)In this section “normal self-assessment filing date”, “tax year” and “total income” have the same meaning as in the Income Tax Acts (see section 989 of ITA 2007).

261CMeaning of “the maximum amount” for purposes of section 261B

(1)For the purposes of section 261B “the maximum amount” is the amount on which the person would be chargeable to capital gains tax for the year of assessment if—

(a)the provisions mentioned below were ignored, and

(b)no account were taken of the event mentioned below.

(2)The provisions are—

(a)section 2A (taper relief),

(b)section 3(1) (annual exempt amount), and

(c)section 261B.

(3)The event is any event—

(a)which occurs after the date on which the relevant amount (see section 261B(3)) can no longer be varied by the Commissioners on appeal or on the order of a court, and

(b)in consequence of which the amount chargeable to capital gains tax is reduced as a result of an enactment relating to capital gains tax.

261DTreating excess post-cessation trade or property relief as CGT loss

(1)A person may make a claim under this section if—

(a)relief is available to the person under section 96 or 125 of ITA 2007 (post-cessation trade or property relief) for a tax year in relation to an amount, and

(b)the person makes a claim under that section to deduct the amount in calculating the person's net income for the tax year.

(2)A person may also make a claim under this section if—

(a)relief is available to the person as mentioned in subsection (1)(a) for a tax year in relation to an amount, but

(b)the person's total income for the tax year is nil.

(3)A claim under this section is for treating for the purposes of capital gains tax so much of the amount as is not deducted in calculating the person's net income for the tax year (“the relevant amount”) as an allowable loss accruing to the person in the year of assessment corresponding to the tax year.

(4)But so much of the relevant amount as exceeds the maximum amount (see section 261E) is not to be treated for the purposes of capital gains tax as an allowable loss.

(5)The relevant amount is no longer to be regarded as an amount available for income tax relief.

(6)A claim under this section must be made on or before the first anniversary of the normal self-assessment filing date for the tax year mentioned in subsection (1) or (2) (as the case may be).

(7)In this section “normal self-assessment filing date”, “tax year” and “total income” have the same meaning as in the Income Tax Acts (see section 989 of ITA 2007).

261EMeaning of “the maximum amount” for purposes of section 261D

(1)For the purposes of section 261D “the maximum amount” is the amount on which the person would be chargeable to capital gains tax for the year of assessment if the following were ignored.

(2)The matters to be ignored are—

(a)any allowable losses falling to be carried forward to that year from a previous year for the purposes of section 2(2),

(b)section 3(1) (annual exempt amount), and

(c)any relief under section 261B or 261D.

330After section 261E insert—

Repurchase price under reposU.K.
261FDeemed manufactured payments: effect on repurchase price

(1)This section applies if —

(a)the repurchase price of UK shares, UK securities or overseas securities is treated by section 604(2), (4) or (5) of ITA 2007 (deemed increase in repurchase price: repos and options) as increased for the purposes of section 607 of that Act (treatment of price differences under repos),

(b)condition A or B is met, and

(c)section 263A does not apply.

(2)Condition A is that, as a result of the increase, there is no difference for the purposes of section 607 of that Act between the sale price and the repurchase price.

(3)Condition B is that, as a result of an exception in section 608 of that Act, section 607 of that Act does not apply.

(4)The deemed increase of the repurchase price also has effect for capital gains tax purposes.

(5)Expressions used in this section and in section 605 of ITA 2007 (deemed increase in repurchase price: other income tax purposes) have the same meanings in this section as in that section.

331After section 261F insert—

261GPrice differences under repos: effect on repurchase price

(1)Subsections (2) and (3) apply if—

(a)section 607 of ITA 2007 (treatment of price differences under repos) applies,

(b)an amount is treated under that section as a payment of interest, and

(c)section 263A does not apply.

(2)If the repurchase price is more than the sale price, the repurchase price is treated for capital gains tax purposes as reduced by the amount of the payment of interest.

(3)If the sale price is more than the repurchase price, the repurchase price is treated for capital gains tax purposes as increased by the amount of the payment of interest.

(4)Expressions used in this section and in section 609 of ITA 2007 (additional income tax consequences of price differences under repos) have the same meanings in this section as in that section.

332After section 261G insert—

261HPower to modify section 261G in non-arm's length case

(1)The Treasury may by regulations provide for section 261G to apply with modifications if the exception in section 608(2) of ITA 2007 (agreement not at arm's length) would otherwise prevent it from applying.

(2)Regulations under this section may make different provision for different cases.

(3)Regulations under this section may contain incidental, supplemental, consequential and transitional provision and savings.

(4)The incidental, supplemental, and consequential provision may include modifications of section 261F (deemed manufactured payments: effect on repurchase price).

(5)In this section “modifications” includes exceptions and omissions.

(6)Accordingly, the power in subsection (1) includes power to provide for any provision of section 261G not to apply in relation to the case mentioned in that subsection.

333(1)Amend section 263ZA (former employees: employment-related liabilities) as follows.U.K.

(2)In subsection (1)(a)—

(a)for “from total income” substitute “ in calculating net income ”, and

(b)for “when computing a former employee's total income” substitute “ in calculating a former employee's net income ”.

(3)In subsection (1)(b) for “the total income” substitute “ the remaining total income ”.

(4)In subsection (2)(b) for “the total income” substitute “ the remaining total income ”.

(5)After subsection (2) insert—

(2A)In this section “the remaining total income”, in relation to a tax year, means the former employee's total income for the tax year less reliefs already deducted for the tax year at Step 2 of the calculation in section 23 of ITA 2007 for the purpose of calculating the former employee's income tax liability.

(6)In subsection (5)—

(a)in paragraph (d) for “against capital gains tax under section 72 of the Finance Act 1991” substitute “ under section 261B ”, and

(b)in paragraph (e) for “against capital gains tax under section 90(4) of the Finance Act 1995” substitute “ under section 261D ”.

F96334. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96Sch. 1 para. 334 repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(14)

335F97(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98Sch. 1 para. 335(5) omitted (21.7.2008 with effect in accordance with s. 63(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 23 para. 12

336After section 263E insert—

263FPower to modify repo provisions: non-standard repo cases

(1)The Treasury may by regulations provide for—

(a)section 261F (deemed manufactured payments: effect on repurchase price),

(b)section 261G (price differences under repos: effect on repurchase price),

(c)section 263A (agreements for sale and repurchase of securities),

(d)section 263D (gains accruing to persons paying manufactured dividends), or

(e)any of those sections,

to apply with modifications in relation to non-standard repo cases.

(2)The power in subsection (1) to make provision for section 263A or 263D to apply with modifications is exercisable only so far as the section applies to cases falling within section 607 of ITA 2007 (treatment of price differences under repos).

(3)A case is a non-standard repo case if—

(a)there is a repo in respect of securities,

(b)under the repo there has been a sale (“the original sale”) of the securities by the original owner to the interim holder, and

(c)any of conditions A to E is met in relation to the repo.

(4)Condition A is that—

(a)the obligation to buy back the securities is not performed, or

(b)the option to buy them back is not exercised.

(5)Condition B is that provision is made by or under an agreement for different or additional UK shares, UK securities or overseas securities to be treated as (or as included with) representative securities.

(6)Condition C is that provision is made by or under an agreement for any UK shares, UK securities or overseas securities to be treated as not included with representative securities.

(7)Condition D is that provision is made by or under an agreement for the sale price or repurchase price to be decided or varied wholly or partly by reference to post-agreement fluctuations.

(8)Condition E is that provision is made by or under an agreement for a person to be required, in a case where there are post-agreement fluctuations, to make a payment in the period—

(a)beginning immediately after the making of the agreement for the original sale, and

(b)ending when the repurchase price becomes due.

(9)Expressions used in this section and in section 612 of ITA 2007 (powers to modify repo provisions: non-standard repo cases) have the same meanings in this section as in that section.

337After section 263F insert—

263GPower to modify repo provisions: redemption arrangements

(1)The Treasury may by regulations provide for—

(a)section 261F (deemed manufactured payments: effect on repurchase price),

(b)section 261G (price differences under repos: effect on repurchase price),

(c)section 263A (agreements for sale and repurchase of securities),

(d)section 263D (gains accruing to persons paying manufactured dividends), or

(e)any of those sections,

to apply with modifications in relation to cases involving redemption arrangements.

(2)The power in subsection (1) to make provision for section 263A or 263D to apply with modifications is exercisable only so far as the section applies to cases falling within section 607 of ITA 2007 (treatment of price differences under repos).

(3)A case involves redemption arrangements if—

(a)arrangements, corresponding to those made in cases where there is a repo, are made by an agreement, or one or more related agreements, in relation to securities that are to be redeemed in the period after their sale,

(b)the securities are UK shares, UK securities or overseas securities, and

(c)the arrangements are such that the seller or a person connected with the seller (instead of being required to repurchase the securities or acquiring an option to do so) is granted rights in respect of the benefits that will result from the redemption.

(4)Expressions used in this section and in section 613 of ITA 2007 (powers to modify repo provisions: redemption arrangements) have the same meanings in this section as in that section.

338After section 263G insert—

263HSections 263F and 263G: supplementary provisions

(1)Regulations under section 263F or 263G may make different provision for different cases.

(2)Regulations under either section may contain incidental, supplemental, consequential and transitional provision and savings.

(3)The incidental, supplemental and consequential provision may include—

(a)in the case of regulations about section 261G, modifications of section 261F, and

(b)in the case of regulations about section 263A or 263D, modifications of the operation of this Act in relation to cases where, by virtue of the regulations, any acquisition or disposal is excluded from those which are to be ignored for the purposes of capital gains tax.

(4)In this section and sections 263F and 263G “modifications” includes exceptions and omissions.

(5)Accordingly, a power in sections 263F and 263G to provide for a provision to apply with modifications in relation to a particular case includes power to provide for the provision not to apply in relation to that case.

339After section 263H insert—

263IPowers about manufactured overseas dividends

(1)The Treasury may by regulations make provision as mentioned in subsection (2) about prescribed cases where a person—

(a)pays or receives a manufactured overseas dividend as mentioned in section 581(1) of ITA 2007 (manufactured overseas dividends), or

(b)is treated as doing so for any purposes of Chapter 2 of Part 11 of that Act or regulations made under it (manufactured payments).

(2)The regulations may provide for adjusting a relevant amount by reference to a provision which has effect under the law of a territory outside the United Kingdom.

(3)A “relevant amount” is an amount which is treated for prescribed capital gains tax purposes as the amount paid or payable to a person in respect of a relevant transaction.

(4)A “relevant transaction” is a sale, repurchase or other transfer of the overseas securities to which the manufactured overseas dividend relates.

(5)In this section “prescribed” means prescribed in regulations under this section.

(6)Subject to that, expressions used in this section and in section 582 of ITA 2007 (manufactured payments: powers about manufactured overseas dividends) have the same meanings in this section as in that section.

340(1)Amend section 271 (miscellaneous exemptions) as follows.U.K.

(2)In subsection (3) for the words from “In this subsection” to the end substitute— In this subsection—

health service body” has the meaning given by section 519A of the Taxes Act, and

local authority association” has the meaning given by section 1000 of ITA 2007.

(3)After subsection (7) insert—

(7A)Chargeable gains are exempt from tax if they accrue to a bank, or issue department of a bank, to which this subsection applies for the time being.

(7B)Her Majesty may by Order in Council direct that subsection (7A) applies to a bank or its issue department if it appears to Her Majesty that the bank—

(a)is not resident in the United Kingdom, and

(b)is entrusted by the government of a territory outside the United Kingdom with the custody of the territory's principal foreign exchange reserves.

(7C)No recommendation may be made to Her Majesty in Council to make an order under subsection (7B) unless a draft of the order has been laid before and approved by a resolution of the House of Commons.

341After section 285 insert—

285AEuropean Economic Interest Groupings

(1)The following rules about European Economic Interest Groupings apply for the purposes of charging tax in respect of chargeable gains—

Rule 1

A grouping is treated as acting as the agent of its members.

Rule 2

The activities of a grouping are treated as those of its members acting jointly.

Rule 3

Each member of a grouping is treated as having a share of the grouping's property, rights and liabilities.

Rule 4

Any trade or profession carried on by the grouping is treated as carried on in partnership by members of the grouping.

Rule 5

A person is to be regarded as acquiring or disposing of a share of the assets of the grouping not only where there is an acquisition or disposal of assets by the grouping while he is a member of it, but also where he becomes or ceases to be a member of a grouping or there is a change in his share of the property of the grouping.

(2)For the purposes of Rule 3, a member's share of any property, rights or liabilities of a grouping is determined according to the contract under which the grouping is established.

(3)If the contract does not provide for this, the member's share is determined by reference to the share of the profits of the grouping to which the member is entitled under the contract.

(4)If the contract does not provide for this either, the members are treated as having equal shares of the property, rights and liabilities of the grouping.

(5)European Economic Interest Grouping” means a European Economic Interest Grouping formed under Council Regulation (EEC) No 2137/85 of 25th July 1985, whether registered in Great Britain, Northern Ireland or elsewhere.

342(1)Amend section 288 (interpretation) as follows.U.K.

(2)In subsection (1)—

(a)in the definition of “allowable loss” after “16” insert “ , 261B, 261D ”,

(b)after the definition of “ITTOIA 2005” insert—

ITA 2007” means the Income Tax Act 2007;,

(c)in the definition of “local authority” for “section 842A of the Taxes Act” substitute “ section 999 of ITA 2007 ”,

(d)after the definition of “the Management Act” insert—

net income” has the same meaning as in the Income Tax Acts (see section 989 of ITA 2007);,

(e)in the definition of “period of account” for “section 832(1) of the Taxes Act” substitute “ section 989 of ITA 2007 ”,

(f)in the definition of “property investment LLP” for “section 842B of the Taxes Act” substitute “ section 1004 of ITA 2007 ”,

(g)in the definition of “recognised stock exchange” for “section 841 of the Taxes Act” substitute “ section 1005 of ITA 2007 ”,

(h)in the definition of “venture capital trust” for “the meaning given by section 842AA of the Taxes Act” substitute “ the same meaning as in Part 6 of ITA 2007 ”, and

F100(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (2) for “section 833(2) of the Taxes Act” substitute “ section 989 of ITA 2007 ”.

(4)In subsection (3) for “section 282 of the Taxes Act” substitute “ section 1011 of ITA 2007 ”.

Textual Amendments

F100Sch. 1 para. 342(2)(i) omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 102(b)

F101343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101Sch. 1 para. 343 omitted (21.7.2008 with effect in accordance with Sch. 2 para. 56(3) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 55(i)

344In paragraph 14 of Schedule 4A (deemed disposal of underlying assets where disposal of interest in settled property: exception) for “691(2) of the Taxes Act (certain income of maintenance funds for historic buildings not to be income of settlor etc)” substitute “ 508 of ITA 2007 (trustees' election in respect of income arising from heritage maintenance property) ”.

345(1)Amend Schedule 5B (enterprise investment scheme: re-investment) as follows.U.K.

(2)In paragraph 1(2) (application of Schedule)—

(a)in paragraph (e) after “that Act)” insert “ , or the requirements of section 183 of ITA 2007, ”, and

F102(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph 1A (failure of conditions of application)—

F103(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in sub-paragraph (5) for “or section 310(2) of the Taxes Act” substitute “ , section 310(2) of the Taxes Act or section 241(3) of ITA 2007 ”, and

(c)in sub-paragraph (7) after “Taxes Act” insert “ or section 236(1) of ITA 2007 ”.

(4)In paragraph 4 (gains accruing on chargeable event)—

(a)in sub-paragraph (4) after “Taxes Act” insert “ or Part 5 of ITA 2007 ” and after “that Chapter”, in each place where it occurs, insert “ or that Part ”,

(b)in sub-paragraph (4A) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”, after “that Chapter” insert “ or that Part ” and for “that Act” substitute “ the Taxes Act or section 245 of ITA 2007 ”, and

(c)in sub-paragraph (4C) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”.

(5)In paragraph 6 (claims)—

(a)in sub-paragraph (1) after “Taxes Act” insert “ or sections 202(1), 203(1) and 204 to 207 of ITA 2007 ” and for “that Act in respect of eligible shares” substitute “ the Taxes Act or Part 5 of ITA 2007 in respect of eligible or relevant shares ”,

(b)in sub-paragraph (2) for “That section” substitute “ Section 306 ”, and

(c)after that sub-paragraph insert—

(3)Sections 202(1), 203(1) and 204 to 207 of ITA 2007, as they so apply, shall have effect as if any reference to the requirements for the relief were a reference to the conditions for the application of this Schedule.

(6)In paragraph 7(1) (reorganisations)—

(a)after “the Taxes Act” insert “ or Part 5 of ITA 2007 ”, and

(b)after “that Chapter” insert “ or that Part ”.

(7)In paragraph 8 (acquisition of share capital by new company)—

(a)in sub-paragraph (1)(e)(ii) for “subsection (2) of section 306 of the Taxes Act” substitute “ section 306(2) of the Taxes Act or section 203(1) of ITA 2007 ” and for “that section” substitute “ section 306 of the Taxes Act or sections 204 and 205 of ITA 2007 ”,

(b)in sub-paragraph (5)(a) after “Taxes Act” insert “ or section 203(1) of ITA 2007 ”, and

(c)in sub-paragraph (7) after “Taxes Act” insert “ or section 185 of ITA 2007 ”.

(8)In paragraph 9 (other reconstructions and amalgamations)—

(a)in sub-paragraph (1) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”,

(b)in sub-paragraph (3) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”, and

(c)in sub-paragraph (4)(b) for “subsection (2) of section 306 of the Taxes Act” substitute “ section 306(2) of the Taxes Act or section 203(1) of ITA 2007 ” and for “that section” substitute “ section 306 of the Taxes Act or sections 204 and 205 of ITA 2007 ”.

(9)In paragraph 11(5) (pre-arranged exits)—

(a)after “trading group” insert “ (a) ”, and

(b)at the end insert , or

(b)is a reference to a company that meets the trading requirement in section 181(2)(b) of ITA 2007.

(10)In paragraph 13(5) (value received by investor) after “Taxes Act” insert “ or Chapter 2 of Part 5 of ITA 2007 ”.

(11)In paragraph 13C (provision supplemental to paragraph 13B)—

(a)in sub-paragraph (3) for “Sub-paragraph (4) below” substitute “ This sub-paragraph ”, and

(b)for sub-paragraph (4) substitute—

(4)Where either of the following applies—

(a)sub-paragraph (3) above, and

(b)section 223(3) of ITA 2007 (which makes corresponding provision in relation to EIS relief under Part 5 of that Act),

the person who subscribes for the shares shall not by virtue of his subscription for those shares or any other shares in the same issue be treated as making a qualifying investment for the purposes of this Schedule.

(12)In paragraph 14(3) (value received by other persons)—

(a)after “Taxes Act”, in the first place where it occurs, insert “ or Part 5 of ITA 2007 ”,

(b)for “that Act” substitute “ the Taxes Act or section 209 or 216(2)(a) of ITA 2007 ”, and

(c)after “section 300 of the Taxes Act” insert “ or 214 of ITA 2007 ”.

(13)In paragraph 16 (information)—

(a)in sub-paragraph (4)—

(i)after “Taxes Act”, in the first place where it occurs, insert “ or section 203(1) of ITA 2007 ”, and

(ii)after “Taxes Act”, in the second place where it occurs, insert “ or section 175(3) of ITA 2007 ”,

F104(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in sub-paragraph (6) after “Taxes Act” insert “ or section 176(4)(b) or (5)(b), 182(2) or (4), 183(6), 185(1), 190(1)(e) or 191(2)(c), (3), (4) or (5) of ITA 2007 ”,

(d)in sub-paragraph (7)—

(i)in paragraph (a) after “Taxes Act” insert “ or section 182(2) or (4) of ITA 2007 ”,

(ii)in paragraph (aa) after “Taxes Act” insert “ or section 176(4)(b) or (5)(b), 183(6) or 191(3), (4) or (5) of ITA 2007 ”, and

(iii)in paragraph (c) after “Taxes Act” insert “ or section 185(1), 190(1)(e) or 191(2)(c) of ITA 2007 ”, and

(e)in sub-paragraph (7A)—

(i)after “Taxes Act” insert “ and subsections (3), (4) and (5) of section 191 of ITA 2007 ”, and

(ii)for “that Act” substitute “ the Taxes Act or section 190(2) of ITA 2007 ”.

(14)In paragraph 19(1) (interpretation)—

(a)in the definition of “eligible shares” for “that Act” substitute “ the Taxes Act or means shares that meet the requirement in section 173 (2) of ITA 2007 ”,

(b)in the definition of “ordinary share capital” for “the same meaning as in the Taxes Act” substitute “ the meaning given by section 989 of ITA 2007 ”,

(c)in the definition of “qualifying business activity” after “Taxes Act” insert “ or section 179 of ITA 2007 ”,

(d)for the definition of “qualifying company” substitute—

qualifying company”, in relation to any eligible shares, means a company which, in relation to those shares, is—

(a)a qualifying company for the purposes of Chapter 3 of Part 7 of the Taxes Act (except that for the purposes of this Schedule the reference in section 293(1B)(b)(i) of that Act to section 304A of that Act shall be read as a reference to paragraph 8 above), or

(b)a qualifying company for the purposes of Part 5 of ITA 2007 (except that for the purposes of this Schedule the reference in section 184(1)(c)(i) of that Act to section 247 of that Act shall be read as a reference to paragraph 8 above).

(e)in the definition of “the relevant period” for “that Act” insert “ the Taxes Act or section 159(2) of ITA 2007 ”, and

(f)in the definition of “termination date” after “Taxes Act” insert “ or section 256 of ITA 2007 ”.

(15)In paragraph 19(3) omit the “and” immediately before paragraph (c) and after that paragraph insert ; and

(d)references to Part 5 of ITA 2007 or any provision of that Part are to a Part or provision that applies only in relation to shares issued on or after 6th April 2007.

Textual Amendments

F102Sch. 1 para. 345(2)(b) omitted (with effect in accordance with Sch. 8 para. 11 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 8 para. 10(c)

F103Sch. 1 para. 345(3)(a) omitted (with effect in accordance with Sch. 8 para. 11 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 8 para. 10(c)

F104Sch. 1 para. 345(13)(b) omitted (with effect in accordance with Sch. 8 para. 11 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 8 para. 10(c)

346In paragraph 1(1)(a) of Schedule 5BA (enterprise investment scheme: application of taper relief) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”.

347In paragraph 3(1)(f) of Schedule 5C (VCTs: deferred charge on re-investment) for “section 842AA(8) of the Taxes Act” substitute “ section 281(3) of ITA 2007 ”.

348(1)Amend Schedule 7C (reliefs for transfers to approved share plans) as follows.U.K.

(2)In paragraph 2(6) (conditions relating to the disposal), in the definition of “ordinary share capital” for “section 832(1) of the Taxes Act” substitute “ section 989 of ITA 2007 ”.

(3)In paragraph 7(1) and (3) (shares: special provision) after “Taxes Act” insert “ or Part 5 of ITA 2007 ”.

349In Schedule 8 (leases), in paragraph 5(6) for “any amount chargeable to tax under section 348 or 349 of the Taxes Act” substitute “ any amount from which a sum representing income tax is required to be deducted under Part 15 of ITA 2007 ”.

Finance (No. 2) Act 1992 (c. 48)U.K.

F105350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105Sch. 1 para. 350 omitted (1.4.2009) by Finance Act 2008 (c.9), s. 113(2), Sch. 36 para. 92(j) (with Sch. 36 para. 38); S.I. 2009/404, art. 2 (with art. 12)

Tribunals and Inquiries Act 1992 (c. 53)U.K.

F106351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicial Pensions and Retirement Act 1993 (c. 8)U.K.

352In section 3(6) of the Judicial Pensions and Retirement Act 1993 (the appropriate annual rate) for “section 279(1) of the Finance Act 2004” substitute “ section 4 of the Income Tax Act 2007 ”.

Charities Act 1993 (c. 10)U.K.

F107353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Finance Act 1993 (c. 34)U.K.

354The Finance Act 1993 is amended as follows.

355Omit section 80 (transitional relief for charities etc).

356Omit section 118 (Scottish trusts).

357(1)Amend section 176 (ancillary trust funds) as follows.U.K.

(2)In subsection (3) for paragraph (a) substitute—

(a)section 636 of ITA 2007 (exception where there is a transfer to a legatee);.

(3)In subsection (4) for “sections 710 to” substitute “ Part 12 of ITA 2007 and section ”.

358(1)Amend section 180 (underwriting profits to be earned income) as follows.U.K.

(2)In subsection (1) for paragraph (b) substitute—

(b)accordingly, shall constitute—

(i)for the purposes of Part 4 of the Finance Act 2004, relevant UK earnings within section 189(2)(b) of that Act, and

(ii)income in relation to which the treatment in section 836(2) of ITA 2007 does not apply.

(3)In the sidenote for “earned income” substitute “ relevant UK earnings etc ”.

F108359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

360In section 212 (interpretation) at the end insert “ , and “ITA 2007” means the Income Tax Act 2007 ”.

361(1)Amend Schedule 20A (Lloyd's underwriters: conversion to limited liability underwriting) as follows.U.K.

(2)In paragraph 2—

(a)in sub-paragraph (2) for “The carry-forward provision” substitute “ Section 83 of ITA 2007 ”, and

(b)omit sub-paragraphs (3) and (4).

(3)In paragraph 5(1), in the definition of “ordinary share capital”, for “section 832(1) of the Taxes Act 1988” substitute “ section 989 of ITA 2007 ”.

(4)In paragraph 7(2) for “Section 385 of the Taxes Act 1988” substitute “ Section 83 of ITA 2007 ”.

Agriculture Act 1993 (c. 37)U.K.

362In paragraph 22(2) of Schedule 2 to the Agriculture Act 1993 (tax provisions relating to the carrying out of approved scheme of reorganisation) for “section 469 of the Income and Corporation Taxes Act 1988” substitute “ the Tax Acts ”.

Finance Act 1994 (c. 9)U.K.

363(1)Amend paragraph 11 of Schedule 20 to the Finance Act 1994 (changes for facilitating self-assessment etc) as follows.U.K.

(2)In sub-paragraph (3) for the words from “be treated” to “excess” substitute “ be chargeable for that year to an amount of income tax equal to the excess ”.

(3)Omit sub-paragraph (7).

Finance Act 1995 (c. 4)U.K.

364The Finance Act 1995 is amended as follows.

365Omit section 73 (venture capital trusts: regulations).

366Omit section 90 (relief for post-cessation expenditure).

F109367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109Sch. 1 para. 367 repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 11 (with Sch. 9 paras. 1-9, 22)

368Omit section 128 (limit on income chargeable on non-residents: income tax).

369(1)Amend section 154 (short rotation coppice) as follows.U.K.

(2)In subsection (1)—

(a)omit “Subject to subsection (1A),”, and

(b)for “Tax Acts” substitute “ Corporation Tax Acts ”.

(3)Omit subsection (1A).

370(1)Amend Schedule 22 (prevention of exploitation of Schedule 2 to ITTOIA 2005 (so far as relating to overlap profit)) as follows.U.K.

(2)In paragraph 5(1)(b) for the words from “section 353” to “provision)” substitute “ section 383 of the Income Tax Act 2007 (relief for interest payments) ”.

(3)In paragraph 17—

(a)in sub-paragraph (2) for “section 839” to the end substitute “ section 993 of the Income Tax Act 2007 (but as if, in subsection (4) of that section, the words from “But this subsection” to the end were omitted). ”, and

(b)in sub-paragraph (6)(a), in paragraph (ii) of the definition of “control”, for “section 840 of that Act” substitute “ section 995 of the Income Tax Act 2007 ”.

Finance Act 1996 (c. 8)U.K.

F110371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 1 paras. 371-376 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

F110372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 1 paras. 371-376 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

F110F111373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 1 paras. 371-376 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

F111Sch. 1 para. 373 omitted (retrospective and with effect in accordance with Sch. 24 paras. 12, 13-16 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 24 paras. 9(e), 12

F110374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 1 paras. 371-376 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

F110375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 1 paras. 371-376 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

F110376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 1 paras. 371-376 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

Finance (No.2) Act 1997 (c. 58)U.K.

377The Finance (No.2) Act 1997 is amended as follows.

378Omit section 29 (unauthorised unit trusts).

F112379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 1998 (c. 36)U.K.

380The Finance Act 1998 is amended as follows.

381In section 56(4) (transitional provision in connection with section 55 (construction workers supplied by agencies)) for “section 385 of the Taxes Act 1988” substitute “ section 83 of the Income Tax Act 2007 ”.

382In section 134(5) (transfer of company's assets to VCT) for “section 842AA of the Taxes Act 1988” substitute “ Part 6 of the Income Tax Act 2007 ”.

383In section 135(5) (transfer within group to VCT) for “section 842AA of the Taxes Act 1988” substitute “ Part 6 of the Income Tax Act 2007 ”.

384In section 161(2)(a) (non-FOTRA securities) for the words from “sections 711” to “receiving” substitute “ Chapter 2 of Part 12 of the Income Tax Act 2007 (accrued income profits) in relation only to accrued income profits which a person is treated as making under section 628(5) or 630(2) of that Act ”.

385(1)Amend Schedule 18 (company tax returns, assessments and related matters) as follows.U.K.

(2)In paragraph 3 after sub-paragraph (4) insert—

(5)Sub-paragraph (1)(b) has effect as if the reference to the Corporation Tax Acts included a reference to sections 911, 912, 914 and 915 of the Income Tax Act 2007.

(3)In paragraph 20 after sub-paragraph (3) insert—

(4)In the application of this paragraph to an error relating to information required in a return by virtue of paragraph 3(5), this paragraph has effect as if—

(a)the reference in sub-paragraph (1) to a tax-related penalty were a reference to an amount not exceeding £3,000, and

(b)sub-paragraphs (2) and (3) were omitted.

(4)In paragraphs 22(3)(a) and 23(3)(a) for sub-paragraph (ii) substitute—

(ii)section 495(1) or 975(2) or (4) of the Income Tax Act 2007 (statements about deduction of income tax),.

Greater London Authority Act 1999 (c. 29)U.K.

386The Greater London Authority Act 1999 is amended as follows.

387In section 157(4) (restriction on exercise of certain powers except through a company)—

(a)in paragraph (a) omit “income tax and” and “and” at the end, and

(b)after that paragraph insert—

(aa)section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax); and.

388In section 419(2) (taxation: certain bodies treated as a local authority)—

(a)in paragraph (a) for “income and corporation taxes” substitute “corporation tax”, and omit “and” at the end, and

(b)after that paragraph insert—

(aa)section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax); and.

Finance Act 2000 (c. 17)U.K.

389The Finance Act 2000 is amended as follows.

F113390. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

391In section 44 (which makes provision about expenses of trustees) for subsections (4) and (5) substitute—

(5A)This section applies if—

(a)in a year of assessment qualifying income arises under a UK settlement,

(b)the qualifying income consists of charitable income and non-charitable income, and

(c)expenses of the trustees are to be used to reduce the charitable income for the purpose of calculating a beneficiary's liability to corporation tax.

(5B)The amount of those expenses which can used for that purpose is limited to the amount allocated to the charitable income.

(5C)The amount of the expenses allocated to the charitable income is determined by apportioning them rateably between the charitable income and the non-charitable income.

(5D)In this section—

  • charitable income” means income within section 628(1) or 630(1) of ITTOIA 2005,

  • non-charitable income” means income which is not charitable income, and

  • qualifying income” and “UK settlement” have the same meaning as in section 628 of ITTOIA 2005.

F114392. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114Sch. 1 para. 392 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

393In section 155 (interpretation) at the end insert “ and “ITA 2007” means the Income Tax Act 2007 ”.

394(1)Amend Schedule 15 (the corporate venturing scheme) as follows.U.K.

(2)In paragraph 16(4) (the unquoted status requirement) after “Taxes Act 1988” insert “ or section 184(3) of ITA 2007 ”.

(3)In paragraph 55(4) (provision supplementary to paragraph 54) after “Taxes Act 1988” insert “ or Part 5 of ITA 2007 ”.

(4)In paragraph 56(3) (value received by other persons)—

(a)after “Taxes Act 1988”, in the first place where it occurs, insert “ or Part 5 of ITA 2007 ”,

(b)for “section 299 of that Act” substitute “ section 299 of the Taxes Act 1988 or section 209 of ITA 2007 ”,

(c)for “section 300(2)(a) of that Act” substitute “ section 300(2)(a) of the Taxes Act 1988 or section 216(2)(a) of ITA 2007 ”, and

(d)after “section 300 of the Taxes Act 1988” insert “ , section 214 of ITA 2007 ”.

(5)In paragraph 102 (minor definitions etc) after sub-paragraph (8) insert—

(9)References in this Schedule to Part 5 of ITA 2007 or any provision of that Part are to a Part or provision that applies only in relation to shares issued after 5 April 2007.

395In paragraph 41 of Schedule 22 (tonnage tax: the requirement not to enter into tax avoidance arrangements) for sub-paragraph (3) substitute—

(3)In this paragraph “tax advantage” has the meaning given by section 840ZA of the Taxes Act 1988.

Capital Allowances Act 2001 (c. 2)U.K.

396The Capital Allowances Act 2001 is amended as follows.

397(1)Amend section 4 (capital expenditure) as follows.U.K.

(2)In subsection (4) for “section 348 or 349(1) of ICTA (annual payments)” substitute “ Chapter 6 of Part 15 of ITA 2007 (deduction from annual payments or patent royalties) or under section 906 of that Act (certain royalties etc where usual place of abode of owner is abroad) ”.

(3)Omit subsection (5).

398In section 70V(4) (tax avoidance involving international leasing) for “Chapter 1” to the end substitute “ section 840ZA of ICTA ”.

399Omit section 70YI(4) (application of section 839 of ICTA).

400In section 138(2)(b) (limit on amount deferred) for “section 385 or” substitute “ section 83 of ITA 2007 or section ”.

401In section 156(1)(a) and (c) (connected persons) for “section 839 of ICTA” substitute “ section 575 ”.

402In section 220(8)(a) (allocation of expenditure to a chargeable period) omit “, within the meaning of section 840 of ICTA”.

403In section 232(1)(a) (meaning of connected person) for “section 839 of ICTA” substitute “ section 575 ”.

404In section 258 (special leasing: income tax) after subsection (3) insert—

(3A)The allowance or (as the case may be) the proportionate part of the allowance is given effect at Step 2 of the calculation in section 23 of ITA 2007.

405In section 266(5)(a) (election where predecessor and successor are connected persons) for “section 839 of ICTA” substitute “ section 575 ”.

F115406. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115Sch. 1 para. 406 omitted (21.7.2008 with effect in accordance with Sch. 27 para. 30(1) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 27 para. 27(4)

407In section 437 (research and development allowances) for subsection (2) substitute—

(2)In this Part “research and development”—

(a)means activities that fall to be treated as research and development in accordance with generally accepted accounting practice, and

(b)includes oil and gas exploration and appraisal.

(3)But—

(a)activities that, as a result of regulations made under section 1006 of ITA 2007, are “research and development” for the purposes of that section are also “research and development” for the purposes of this Part, and

(b)activities that, as a result of any such regulations, are not “research and development” for the purposes of that section are also not “research and development” for the purposes of this Part.

408In section 479 (persons having qualifying non-trade expenditure: income tax) after subsection (2) insert—

(2A)The allowance is given effect at Step 2 of the calculation in section 23 of ITA 2007.

409At the beginning of Chapter 6 of Part 12 insert—

Orders and regulationsU.K.
570BOrders and regulations made by Treasury or Commissioners

(1)Any orders or regulations made by the Treasury or the Commissioners for Her Majesty's Revenue and Customs under this Act must be made by statutory instrument.

(2)Any orders or regulations made by the Treasury or the Commissioners under this Act are subject to annulment in pursuance of a resolution of the House of Commons.

(3)Subsection (2) does not apply to any regulations made under section 70YJ or any order made under section 82(4)(d).

410In section 574(1) at the end insert “(but, for the purposes of section 575, this definition applies only where expressly indicated)”.

411For section 575 (connected persons) substitute—

575Meaning of “connected” persons

(1)For the purposes of this Act whether a person is connected with another is determined in accordance with this section unless otherwise indicated.

(2)An individual (“A”) is connected with another individual (“B”) if—

(a)A is B's spouse or civil partner,

(b)A is a relative of B,

(c)A is the spouse or civil partner of a relative of B,

(d)A is a relative of B's spouse or civil partner, or

(e)A is the spouse or civil partner of a relative of B's spouse or civil partner.

(3)A person, in the capacity as trustee of a settlement, is connected with—

(a)any individual who is a settlor in relation to the settlement,

(b)any person connected with such an individual,

(c)any close company whose participators include the trustees of the settlement,

(d)any non-UK resident company which, if it were UK resident, would be a close company whose participators include the trustees of the settlement,

(e)any body corporate controlled (within the meaning of section 574) by a company within paragraph or ,

(f)if the settlement is the principal settlement in relation to one or more sub-fund settlements, a person in the capacity as trustee of such a sub-fund settlement, and

(g)if the settlement is a sub-fund settlement in relation to a principal settlement, a person in the capacity as trustee of any other sub-fund settlements in relation to the principal settlement.

(4)A person who is a partner in a partnership is connected with—

(a)any partner in the partnership,

(b)the spouse or civil partner of any individual who is a partner in the partnership, and

(c)a relative of any individual who is a partner in the partnership.

But this subsection does not apply in relation to acquisitions or disposals of assets of the partnership pursuant to genuine commercial arrangements.

(5)A company is connected with another company if—

(a)the same person has control of both companies,

(b)a person (“A”) has control of one company and persons connected with A have control of the other company,

(c)A has control of one company and A together with persons connected with A have control of the other company, or

(d)a group of two or more persons has control of both companies and the groups either consist of the same persons or could be so regarded if (in one or more cases) a member of either group were replaced by a person with whom the member is connected.

(6)A company is connected with another person (“A”) if—

(a)A has control of the company, or

(b)A together with persons connected with A have control of the company.

(7)In relation to a company, any two or more persons acting together to secure or exercise control of the company are connected with—

(a)one another, and

(b)any person acting on the directions of any of them to secure or exercise control of the company.

575ASection 575: supplementary

(1)In section 575 and this section—

  • company” includes any body corporate or unincorporated association, but does not include a partnership (and see also subsection (2)),

  • control” is to be read in accordance with section 416 of ICTA (except where otherwise indicated),

  • principal settlement” has the meaning given by paragraph 1 of Schedule 4ZA to TCGA 1992,

  • relative” means brother, sister, ancestor or lineal descendant,

  • settlement” has the same meaning as in Chapter 5 of Part 5 of ITTOIA 2005 (see section 620 of that Act), and

  • sub-fund settlement” has the meaning given by paragraph 1 of Schedule 4ZA to TCGA 1992.

(2)For the purposes of section 575—

(a)a unit trust scheme is treated as if it were a company, and

(b)the rights of the unit holders are treated as if they were shares in the company.

(3)For the purposes of section 575 “trustee”, in the case of a settlement in relation to which there would be no trustees apart from this subsection, means any person—

(a)in whom the property comprised in the settlement is for the time being vested, or

(b)in whom the management of that property is for the time being vested.

Section 466(4) of ITA 2007 does not apply for the purposes of this subsection.

(4)If any provision of section 575 provides that a person (“A”) is connected with another person (“B”), it also follows that B is connected with A.

412In section 577(1) (other definitions)—

(a)omit the definition of “tax year”, and

(b)omit the definition of “the tax year 2001-02”.

413(1)Amend Schedule 1 (abbreviations and defined expressions) as follows.U.K.

(2)In Part 1 in the appropriate place insert—

ITA 2007The Income Tax Act 2007.

(3)In Part 2—

(a)in the entry for “body of persons”, in the second column, before “section 832(1) of ICTA” insert “ section 989 of ITA 2007 and ”,

(b)in the entry for “connected persons (general meaning)”, in the second column, for “section 575(1)” substitute “ section 575 ”,

(c)in the entry for “offshore installation”, in the second column, before “section 837C of ICTA” insert “ sections 1001 and 1002 of ITA 2007 and ”,

(d)in the entry for “overseas property business”, in the second column, at the end insert “ (as applied by section 989 of ITA 2007) ”,

(e)in the entry for “research and development”, in the second column, for “437(2) and section 837A of ICTA” substitute “ 437(2) and (3) ”,

(f)in the entry for “Schedule A business”, in the second column, before “section 832(1) of ICTA” insert “ section 989 of ITA 2007 and ”,

(g)in the entry for “tax year”, in the second column, for “section 577(1)” substitute “ section 4(2) of ITA 2007 (as applied by section 989 of that Act) ”,

(h)in the entry for “UK property business”, in the second column, omit “section 832(1) of ICTA and” and at the end insert “ (as applied by section 989 of ITA 2007) ”,

(i)in the entry for “United Kingdom”, in the second column, for “section 830 of ICTA and section 41 of ITEPA 2003” substitute “ section 1013 of ITA 2007 and section 830(1) of ICTA ”, and

(j)in the entry for “within the charge to tax”, in the second column, before “section 832(1) of ICTA” insert “ section 1009 of ITA 2007 and ”.

Finance Act 2002 (c. 23)U.K.

414The Finance Act 2002 is amended as follows.

415Omit section 98.

416In section 142 (interpretation) at the end insert “, and “ITA 2007” means the Income Tax Act 2007”.

417In paragraph 19 of Schedule 12 (tax relief for expenditure on research and development) for sub-paragraph (2) substitute—

(2)For the purposes of this Schedule whether a person is connected with another is determined in accordance with section 839 of the Taxes Act 1988.

418In paragraph 27 of Schedule 13 (tax relief for expenditure on vaccine research etc) for sub-paragraph (2) substitute—

(2)For the purposes of this Schedule whether a person is connected with another is determined in accordance with section 839 of the Taxes Act 1988.

F116419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116Sch. 1 para. 419 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

F117420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117Sch. 1 para. 420 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

421In Schedule 25 (loan relationships), omit paragraph 57.

F118422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Sch. 1 para. 422 repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

423Omit Schedule 33 (venture capital trusts).

Proceeds of Crime Act 2002 (c. 29)U.K.

424In paragraph 4 of Part 2 of Schedule 10 (tax) to the Proceeds of Crime Act 2002 for the words from “sections 711” to the end substitute “ Chapter 2 of Part 12 of the Income Tax Act 2007, that Part does not apply to the transfer ”.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)U.K.

425The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

426In section 1 (overview of contents of Act) omit subsection (2).

427In section 11(3) (calculation of “net taxable earnings”) for “section 380(1) of ICTA” substitute “ section 128 of ITA 2007 ”.

428In section 24(6)(a) (limit on chargeable overseas earnings where duties of associated employment performed in UK) for “section 840 of ICTA” substitute “ section 995 of ITA 2007 ”.

429In section 48(2) (scope of Chapter) for “subject to deduction of tax under section 555 of ICTA (payments to non-resident entertainers and sportsmen)” substitute “ or transfers to which section 966(3) or (4) of ITA 2007 applies (visiting performers: duty to deduct and account for sums representing income tax) ”.

430In section 69(1) (extended meaning of “control”) for “section 840 of ICTA” substitute “ section 995 of ITA 2007 ”.

431In section 178 (exception for loans where interest qualifies for tax relief)—

(a)in paragraph (a) for the words from “(general” to “MIRAS)” substitute “ or section 383 of ITA 2007 (relief for interest payments) ”, and

(b)in paragraph (b) for “that section” substitute “ section 353 of ICTA ”.

432In section 180(5) (threshold for benefit of loan to be treated as earnings)—

(a)in paragraph (a) for the words from “(general” to “MIRAS)” substitute “ or section 383 of ITA 2007 (relief for interest payments) ”, and

(b)in paragraph (b) for “that section” substitute “ section 353 of ICTA ”.

433In section 230(5)(a) (the approved amount for mileage allowance payments) for “section 840 of ICTA” substitute “ section 995 of ITA 2007 ”.

434In section 329(6) (deductions from earnings not to exceed earnings) for “section 380 of ICTA” substitute “ section 128 of ITA 2007 ”.

435In section 347(2) (payments made after leaving an employment) for “from total income” substitute “ in calculating net income ”.

436In section 357(2) after “section 505(1)(e) of ICTA” insert “ or section 524 of ITA 2007 ”.

437After section 404 insert—

404AAmounts charged to be treated as highest part of total income

(1)A payment or other benefit which counts as a person's employment income as a result of section 403 is treated as the highest part of the person's total income.

(2)Subsection (1) has effect for all income tax purposes except the purposes of sections 535 to 537 of ITTOIA 2005 (gains from contracts for life insurance etc: top slicing relief).

(3)See section 1012 of ITA 2007 (relationship between highest part rules) for the relationship between—

(a)the rule in subsection (1), and

(b)other rules requiring particular income to be treated as the highest part of a person's total income.

438In section 476 (charge on occurrence of chargeable event) after subsection (5) insert—

(5A)An amount charged under subsection (5)(a) is treated for income tax purposes as an amount of income.

439(1)Amend section 515 (tax advantages and charges relating to SIPs) as follows.U.K.

(2)In subsection (1)—

F119(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)omit paragraph (b) and the “and” immediately after it.

(3)In subsection (2)—

(a)omit the “and” immediately after paragraph (b), and

(b)after paragraph (c) insert , and

(d)Chapter 5 of Part 9 of ITA 2007 (which provides for section 479 of that Act not to apply to income of the trustees of an approved SIP in certain circumstances).

(4)Omit subsection (3).

Textual Amendments

F119Sch. 1 para. 439(2)(a) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)

440(1)Amend section 555 (deduction for liabilities related to former employment) as follows.U.K.

(2)In subsection (2)—

(a)for “when computing the former employee's total income” substitute “ in calculating the former employee's net income ”, and

(b)at the end insert “ (see Step 2 of the calculation in section 23 of ITA 2007) ”.

(3)For subsection (6) substitute—

(6)See section 263ZA of TCGA 1992 for relief from capital gains tax where the amount of the deduction allowed under this section exceeds the remaining total income (as defined in that section).

(4)In the sidenote for “from total income” substitute “ in calculating net income ”.

(5)In the italic cross-heading before the section for “from total income” substitute “ in calculating net income ”.

441In section 609(1) after “section 273 of ICTA” insert “ or section 459 of ITA 2007 ”.

442In section 718 (connected persons) for “Section 839 of ICTA” substitute “ Section 993 of ITA 2007 ”.

443In section 719 (control in relation to a body corporate)—

(a)for “Section 840 of ICTA (meaning of control in relation to a body corporate)” substitute “ Section 995 of ITA 2007 (meaning of “control”) ”, and

(b)for the sidenote substitute “ Meaning of “control” .

444(1)Amend section 721 (other definitions) as follows.U.K.

(2)In subsection (1)—

(a)after the definition of “foreign employer” insert “ and ”, and

(b)omit the words after the definition of “non-cash voucher”.

(3)Omit subsection (2).

445In Part 1 of Schedule 1 (abbreviations) in the appropriate place insert—

ITA 2007The Income Tax Act 2007.

446(1)Amend Part 2 of Schedule 1 (defined expressions) as follows.U.K.

(2)In the entry for “assignment (in the application of the Act to Scotland)”, in the second column, for “section 721(2)” substitute “ section 1008(1) of ITA 2007 ”.

(3)In the entry for “basic rate”, in the second column, for “section 832(1) of ICTA” substitute “ section 6(2) of ITA 2007 (as applied by section 989 of that Act) ”.

(4)In the entry for “body of persons”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(5)In the entry for “capital allowance”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(6)In the entry for “child, children”, in the second column, omit “section 832(5) of ICTA, and see”.

(7)In the entry for “close company”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(8)In the entry for “company”, in the second column, for “section 832(1) of ICTA” substitute “ section 992 of ITA 2007 ”.

(9)In the entry for “connected”, in the second column, for “section 839 of ICTA” substitute “ section 993 of ITA 2007 ”.

(10)In the entry for “control”, in the second column, for “section 840 of ICTA” substitute “ section 995 of ITA 2007 ”.

(11)In the entry for “distribution”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(12)In the entry for “generally accepted accounting practice”, in the second column, for “section 832(1) of ICTA” substitute “ section 997 of ITA 2007 ”.

(13)Omit the entry for “interest”.

(14)In the entry for “local authority”, in the second column, for “section 842A of ICTA” substitute “ section 999 of ITA 2007 ”.

(15)After the entry for “national insurance contributions” insert—

net incomesection 23 of ITA 2007 (as applied by section 989 of that Act)

(16)In the entry for “the normal self-assessment filing date”, in the second column, for “section 721(1)” substitute “ section 989 of ITA 2007 ”.

(17)In the entry for “notice”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(18)In the entry for “offshore installation”, in the second column, for “section 837C of ICTA” substitute “ sections 1001 and 1002 of ITA 2007 ”.

(19)In the entry for “ordinary share capital”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(20)In the entry for “personal representatives”, in the second column, for “section 721(1)” substitute “ section 989 of ITA 2007 ”.

(21)In the entry for “recognised stock exchange”, in the second column, for “section 841 of ICTA” substitute “ section 1005 of ITA 2007 ”.

(22)In the entry for “registered pension scheme”, in the second column, for “section 832(1) of ICTA” substitute “ section 150(2) of FA 2004 (as applied by section 989 of ITA 2007) ”.

(23)In the entry for “Schedule A business”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(24)In the entry for “stepchild”, in the second column, for “section 832(1) of ICTA” substitute “ section 246 of the Civil Partnership Act 2004 (as applied by section 989 of ITA 2007) ”.

(25)In the entry for “51% subsidiary”, in the second column, for “section 838(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(26)In the entry for “tax”, in the second column, at the end insert “ (as applied by section 989 of ITA 2007) ”.

(27)In the entry for “tax credit”, in the second column, for “section 832(1) of ICTA” substitute “ section 397(1) of ITTOIA 2005 (as applied by section 989 of ITA 2007) ”.

(28)In the entry for “tax year”, in the second column, for “section 721(1)” substitute “ section 4(2) of ITA 2007 (as applied by section 989 of that Act) ”.

(29)In the entry for “the tax year 2003-04 etc”, in the second column, for “section 721(1)” substitute “ section 4(4) of ITA 2007 (as applied by section 989 of that Act) ”.

(30)In the entry for “total income” for “section 835 of ICTA” substitute “ section 23 of ITA 2007 (as applied by section 989 of that Act) ”.

(31)In the entry for “trade”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”.

(32)In the entry for “United Kingdom”, in the second column, for “section 830 of ICTA” substitute “ section 1013 of ITA 2007 ”.

(33)In the entry for “UK property business”, in the second column, omit “section 832(1) of ICTA and” and at the end insert “ (as applied by section 989 of ITA 2007) ”.

447(1)Amend Schedule 2 (approved share incentive plans) as follows.U.K.

(2)In paragraph 49(3)—

(a)in paragraph (a) for “section 840A(1)(b) of ICTA” substitute “ section 991(2)(b) of ITA 2007 ”, and

(b)in paragraph (c) for “section 840A(1)(c) of ICTA” substitute “ section 991(2)(c) of ITA 2007 ”.

(3)In paragraph 100—

(a)in the entry for “building society”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(b)in the entry for “child”, in the second column, for “section 832(5) of ICTA (and see section 721(6))” substitute “ section 721(6) ”,

(c)in the entry for “close company”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(d)in the entry for “distribution”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(e)in the entry for “notice”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(f)in the entry for “ordinary share capital”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(g)in the entry for “personal representatives”, in the second column, for “section 721(1)” substitute “ section 989 of ITA 2007 ”,

(h)in the entry for “recognised stock exchange”, in the second column, for “section 841 of ICTA” substitute “ section 1005 of ITA 2007 ”,

(i)in the entry for “tax”, in the second column, at the end insert “ (as applied by section 989 of ITA 2007) ”, and

(j)in the entry for “tax year”, in the second column, for “section 721(1)” substitute “ section 4(2) of ITA 2007 (as applied by section 989 of that Act) ”.

448In paragraph 49 of Schedule 3 (approved SAYE Option Schemes)—

(a)in the entry for “child”, in the second column, for “section 832(5) of ICTA (and see section 721(6) of this Act)” substitute “ section 721(6) ”,

(b)in the entry for “close company”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(c)in the entry for “distribution”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(d)omit the entry for “interest”,

(e)in the entry for “notice”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(f)in the entry for “ordinary share capital”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(g)in the entry for “personal representatives”, in the second column, for “section 721(1)” substitute “ section 989 of ITA 2007 ”,

(h)in the entry for “recognised stock exchange”, in the second column, for “section 841 of ICTA” substitute “ section 1005 of ITA 2007 ”,

(i)in the entry for “tax”, in the second column, at the end insert “ (as applied by section 989 of ITA 2007) ”, and

(j)omit the entry for “United Kingdom”.

449In paragraph 37 of Schedule 4 (approved CSOP Schemes)—

(a)in the entry for “child”, in the second column, for “section 832(5) of ICTA (and see section 721(6) of this Act)” substitute “ section 721(6) ”,

(b)in the entry for “close company”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(c)in the entry for “distribution”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(d)in the entry for “notice”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(e)in the entry for “ordinary share capital”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(f)in the entry for “personal representatives”, in the second column, for “section 721(1)” substitute “ section 989 of ITA 2007 ”,

(g)in the entry for “recognised stock exchange”, in the second column, for “section 841 of ICTA” substitute “ section 1005 of ITA 2007 ”, and

(h)omit the entry for “United Kingdom”.

450(1)Amend Schedule 5 (enterprise management incentives) as follows.U.K.

(2)In paragraph 11(10) (meaning of “qualifying subsidiary”)—

(a)for “section 312(2A) of ICTA” substitute “ section 252 of ITA 2007 ”, and

(b)for “Chapter 3 of Part 7 of ICTA” substitute “ Part 5 of ITA 2007 ”.

(3)In paragraph 58, in the definition of “research and development”, for “section 837A of ICTA” substitute “ section 1006 of ITA 2007 ”.

(4)In paragraph 59—

(a)in the entry for “child”, in the second column, for “section 832(5) of ICTA (and see section 721(6) of this Act)” substitute “ section 721(6) ”,

(b)in the entry for “close company”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(c)in the entry for “distribution”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(d)in the entry for “farming”, in the second column, for “section 832(1) of ICTA” substitute “ section 996 of ITA 2007 ”,

(e)in the entry for “generally accepted accounting practice”, in the second column, for “section 50(1) of the Finance Act 2004” substitute “ section 997 of ITA 2007 ”,

(f)in the entry for “notice”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(g)in the entry for “offshore installation”, in the second column, for “section 837C of ICTA” substitute “ sections 1001 and 1002 of ITA 2007 ”,

(h)in the entry for “ordinary share capital”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(i)in the entry for “personal representatives”, in the second column, for “section 721(1)” substitute “ section 989 of ITA 2007 ”,

(j)in the entry for “51% subsidiary”, in the second column, for “section 838(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(k)in the entry for “tax”, in the second column, at the end insert “ (as applied by section 989 of ITA 2007) ”,

(l)in the entry for “tax year”, in the second column, for “section 721(1)” substitute “ section 4(2) of ITA 2007 (as applied by section 989 of that Act) ”,

(m)in the entry for “trade”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”, and

(n)in the entry for “United Kingdom”, in the second column, for “section 830 of ICTA” substitute “ section 1013 of ITA 2007 ”.

Finance Act 2003 (c. 14)U.K.

451The Finance Act 2003 is amended as follows.

452Omit section 151 (non-resident companies: extent of charge to income tax).

F120453. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120Sch. 1 para. 453 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

454In section 153(2)(a) (general replacement of references to branch or agency of company) for “paragraphs 3 and 4” substitute “ paragraph 4 ”.

455In paragraph 1(2) of Schedule 26 (non-resident companies: transactions through broker, investment manager or Lloyd's agent) omit paragraph (b) and the word “and” before it.

Finance Act 2004 (c. 12)U.K.

456The Finance Act 2004 is amended as follows.

457In section 50 (generally accepted accounting practice) for “the Tax Acts” wherever occurring substitute “ the Corporation Tax Acts ”.

F121458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121Sch. 1 para. 458 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

459In section 59 (construction industry scheme: contractors) after subsection (7) insert—

(8)This section is subject to section 73A (designated international organisations: exemption from section 59).

460In section 65 (change in control of company registered for gross payment) for subsection (3) substitute—

(3)In this section references to a change in the control of a company are references to such a change determined in accordance with section 995 of the Income Tax Act 2007.

461After section 73 (regulations under this Chapter: supplementary) insert—

73ADesignated international organisations: exemption from section 59

(1)The Treasury may by order designate for the purposes of this section any international organisation of which the United Kingdom is a member.

(2)Section 59 does not apply to an organisation which is so designated.

462(1)Amend section 83 (giving through the self-assessment return) as follows.U.K.

(2)Omit subsections (1) to (3).

F122(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122Sch. 1 para. 462(3) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)

463Omit sections 101 (payment of royalties without deduction at source) and 102 (claim for tax deducted at source from exempt interest or royalty payments).

464Omit sections 119 to 123 (individuals benefited by film relief).

465Omit sections 126 to 130 (individuals in partnership: exit charge).

466In section 155(6)(a) and (b) (persons by whom scheme may be established: supplementary) for “section 840A(1)(b) of ICTA” substitute “ section 991(2)(b) of ITA 2007 ”.

467In section 161 (meaning of “payment” etc) for subsection (8) substitute—

(8)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

468(1)Amend section 162 (meaning of “loan”) as follows.U.K.

(2)In subsection (2)(a) for “section 841 of ICTA” substitute “ section 1005 of ITA 2007 ”.

(3)For subsection (6) substitute—

(6)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

469In section 172A (surrender) for subsection (11) substitute—

(11)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

470In section 172B (increase in rights of connected person on death) for subsection (9) substitute—

(9)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

471In section 172C (allocation of unallocated employer contributions) for subsection (7) substitute—

(7)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

472In section 172D (limit on increase in benefits) for subsection (6) substitute—

(6)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

473(1)Amend section 189 (relevant UK individual) as follows.U.K.

(2)In subsection (2)—

(a)omit the “and” immediately after paragraph (b),

(b)after paragraph (b) insert—

(ba)income which is chargeable under Part 3 of ITTOIA 2005 and is immediately derived from the carrying on of a UK furnished holiday lettings business (whether individually or as a partner acting personally in a partnership), and, and

(c)for paragraph (c) substitute—

(c)income to which subsection (2A) applies.

(3)After subsection (2) insert—

(2A)This subsection applies to income if—

(a)it is patent income, and

(b)the individual, alone or jointly, devised the invention for which the patent in question was granted.

(4)After subsection (4) insert—

(5)UK furnished holiday lettings business” means a UK property business so far as consisting of the commercial letting of furnished holiday accommodation (within the meaning of Chapter 6 of Part 3 of ITTOIA 2005).

(6)If there is a letting of accommodation only part of which is holiday accommodation, just and reasonable apportionments are to be made for the purpose of determining what is comprised in a UK furnished holiday lettings business.

(7)Patent income” means—

(a)royalties or other sums paid in respect of the use of a patent charged to tax under section 579 of ITTOIA 2005,

(b)amounts on which tax is payable under section 587 or 593 of ITTOIA 2005, or

(c)amounts on which tax is payable under—

(i)section 472(5) of the Capital Allowances Act, or

(ii)paragraph 100 of Schedule 3 to that Act.

474In section 192 (relief at source) omit subsection (5).

475In section 193(6) (relief under net pay arrangements)—

(a)for “from the total income” substitute “ in calculating the net income ”, and

(b)at the end insert “ (see Step 2 of the calculation in section 23 of ITA 2007) ”.

476In section 194(1) (relief on making of claim)—

(a)for “from the total income” substitute “ in calculating the net income ”, and

(b)at the end insert “ (see Step 2 of the calculation in section 23 of ITA 2007) ”.

477In section 266A (member's liability) for subsection (7) substitute—

(7)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

478In section 273 (members liable as scheme administrator) for subsection (11) substitute—

(11)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

479In section 278 (market value) for subsection (4) substitute—

(4)For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

480(1)Amend section 279 (other definitions) as follows.U.K.

(2)In subsection (1)—

(a)omit the definition of “charity”,

(b)after the definitions of “pension credit” and “pension debit” insert “ and ”, and

(c)omit the words after the definition of “pension sharing order or provision”.

(3)After that subsection insert—

(1A)In this Part, so far as it forms part of the Corporation Tax Acts, expressions which are defined for the purposes of the Income Tax Acts are to be given the same meaning as they have in the Income Tax Acts.

481(1)Amend section 280 (abbreviations and general index) as follows.U.K.

(2)In subsection (1) omit the “and” immediately before the definition of “ITTOIA 2005” and after that definition insert , and

ITA 2007” means the Income Tax Act 2007.

(3)In subsection (2)—

(a)in the entry for “basic rate”, in the second column, for “section 832(1) of ICTA” substitute “ section 6(2) of ITA 2007 (as applied by section 989 of that Act) ”,

(b)in the entry for “basic rate limit”, in the second column, for “section 832(1) of ICTA” substitute “ section 20(2) of ITA 2007 (as applied by section 989 of that Act) ”,

(c)in the entry for “chargeable gain”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(d)in the entry for “charity”, in the second column, for “section 279(1)” substitute “ section 989 of ITA 2007 ”,

(e)in the entry for “company”, in the second column, for “section 832(1) of ICTA” substitute “ section 992 of ITA 2007 ”,

(f)in the entry for “higher rate”, in the second column, for “section 832(1) of ICTA” substitute “ section 6(2) of ITA 2007 (as applied by section 989 of that Act) ”,

(g)after the entry for “money purchase benefits” insert—

net incomesection 23 of ITA 2007 (as applied by section 989 of that Act),

(h)in the entry for “period of account”, in the second column, for “section 832(1) of ICTA” substitute “ section 989 of ITA 2007 ”,

(i)in the entry for “personal representatives”, in the second column, for “section 279(1)” substitute “ section 989 of ITA 2007 ”,

(j)in the entry for “property investment LLP”, in the second column, for “section 842B of ICTA” substitute “ section 1004 of ITA 2007 ”,

(k)in the entry for “retail prices index”, in the second column, for “section 279(1)” substitute “ section 989 of ITA 2007 ”,

(l)in the entry for “tax year”, in the second column, for “section 279(1)” substitute “ section 4(2) of ITA 2007 (as applied by section 989 of that Act) ”,

(m)in the entry for “the tax year 2006-07 etc”, in the second column, for “section 279(1)” substitute “ section 4(4) of ITA 2007 (as applied by section 989 of that Act) ”, and

(n)in the entry for “total income” for “section 835 of ICTA” substitute “ section 23 of ITA 2007 (as applied by section 989 of that Act) ”.

482(1)Amend Schedule 15 (charge to income tax on benefits received by former owner of property) as follows.U.K.

(2)For paragraph 2 substitute—

2(1)For the purposes of this Schedule whether a person is connected with another person is determined in accordance with section 993 of the Income Tax Act 2007.

(2)But for those purposes sections 993 and 994 of that Act are to be read as if in those sections—

(a)“relative” included uncle, aunt, nephew and niece, and

(b)“settlement”, “settlor” and “trustee” had the same meanings as in IHTA 1984.

(3)In paragraph 9(1) for paragraph (c) substitute—

(c)sections 720 to 730 of the Income Tax Act 2007,.

483In paragraph 4 of Schedule 27 (meaning of “offshore installation”) for “sections 573 and 574” substitute “ section 573 ”.

484In paragraph 4 of Schedule 29A (investment-regulated pension schemes) for sub-paragraph (2) substitute—

(2)For the purposes of sub-paragraph (1) whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

485In paragraph 11D of Schedule 36 (transitional provisions) for sub-paragraph (5) substitute—

(5)For the purposes of this paragraph whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

Pensions Act 2004 (c. 35)U.K.

486The Pensions Act 2004 is amended as follows.

487In Schedule 3 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions), in the entry relating to the Commissioners of Inland Revenue or their officers—

(a)omit the “or” immediately after paragraph (f), and

(b)in the second column after paragraph (g) insert or—

(h)the Income Tax Act 2007 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).

488In Schedule 8 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions), in the entry relating to the Commissioners of Inland Revenue or their officers—

(a)omit the “or” immediately after paragraph (e), and

(b)in the second column after paragraph (f) insert or—

(g)the Income Tax Act 2007 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).

Constitutional Reform Act 2005 (c. 4)U.K.

489The Constitutional Reform Act 2005 is amended as follows.

490In paragraph 4 of Schedule 7 (protected functions of the Lord Chancellor) at the end of Part A (general) insert—

Income Tax Act 2007

Section 704(1).

491In the table in Part 3 of Schedule 14 (appointments by the Lord Chancellor: offices to which paragraph 2(2)(d) of Schedule 12 to the Act applies) at the end add—

Chairman of section 704 tribunalSection 704(1) of the Income Tax Act 2007
Member of section 704 tribunal 

Income Tax (Trading and Other Income) Act 2005 (c. 5)U.K.

492The Income Tax (Trading and Other Income) Act 2005 is amended as follows.

493In section 1 (overview of Act) omit subsection (2).

494In section 12(3) (profits of mines etc) for “Chapter 1 of Part 10 of ICTA” substitute “ Part 4 of ITA 2007 ”.

495(1)Amend section 13 (visiting performers) as follows.U.K.

(2)In subsection (8) omit the definitions of “payment” and “transfer”.

(3)After that subsection insert—

(9)In this section and section 14—

(a)references to a payment include references to a payment by way of loan of money, and

(b)references to a transfer do not include references to a transfer of money but, subject to that, include references to—

(i)a temporary transfer (as by way of loan), and

(ii)a transfer of a right (whether or not a right to receive money).

(10)This section does not apply to payments or transfers of a kind prescribed in regulations under section 966(6) of ITA 2007.

496In section 17(3) (effect of becoming or ceasing to be a UK resident) for “set off under section 385 of ICTA against” substitute “ deducted under section 83 of ITA 2007 from ”.

497Omit section 51 (patent royalties).

498(1)Amend section 52 (exclusion of double relief for interest) as follows.U.K.

(2)In subsections (1), (5) and (6) for “section 353 of ICTA” substitute “ section 383 of ITA 2007 ”.

(3)In subsection (6) for “section 368(3) of ICTA” substitute “ section 387(2) and (3) of that Act ”.

499In section 87(5) (expenses of research and development) for “section 837A of ICTA” substitute “ section 1006 of ITA 2007 ”.

500In section 108(4) (gifts of trading stock etc to charities) omit paragraphs (c) and (d).

501In section 179(a) (connected persons) for “section 839 of ICTA” substitute “ section 993 of ITA 2007 ”.

502(1)Amend section 232 (treatment of trading adjustment income) as follows.U.K.

(2)In subsection (3) for “Chapter 1 of Part 10 of ICTA” substitute “ Part 4 of ITA 2007 ”.

(3)In subsection (4) for the words from “the trade” to the end substitute “ the trade is relevant UK earnings within section 189(2)(b) of FA 2004, adjustment income is similarly relevant UK earnings. ”

503In section 248(3) (debts paid after cessation)—

(a)for “section 109A(4) or (4A) of ICTA” substitute “ section 96 of ITA 2007 ”, and

(b)after “expenditure)” insert “ as a result of subsection (1)(b) of that section ”.

504(1)Amend section 250 (receipts relating to post-cessation expenditure) as follows.U.K.

(2)In subsection (1) for “section 109A of ICTA” substitute “ section 96 of ITA 2007 ”.

(3)In subsection (2)—

(a)in paragraph (a) for “section 109A(2)(a) or (b) of ICTA” substitute “ section 97(2) or (3) of ITA 2007 ”,

(b)in paragraph (b) for “section 109A(2)(c) of ICTA” substitute “ section 97(4) of ITA 2007 ”, and

(c)in paragraph (c) for “section 109A(2)(d) of ICTA” substitute “ section 97(5) of ITA 2007 ”.

505In section 254(3)(b) (allowable deductions) for “section 90(4) of FA 1995” substitute “ section 261D of TCGA 1992 ”.

506(1)Amend section 256 (treatment of post-cessation receipts) as follows.U.K.

(2)In subsection (1)(b) omit “earned income within section 833(4)(c) of ICTA or”.

(3)In subsection (2) omit “earned income or”.

507In section 272(2) (profits of a property business: application of trading income rules), omit the entry in the table relating to section 51.

508In section 322(2) (commercial letting of furnished holiday accommodation)—

(a)omit paragraphs (b) and (c), and

(b)for paragraph (f) and the “and” immediately before that paragraph substitute—

(f)section 189(2)(ba) of FA 2004 (meaning of “relevant UK earnings” for pension purposes),

(g)Part 4 of ITA 2007 (loss relief: see section 127 of that Act), and

(h)section 836(3) of ITA 2007 (jointly held property: see exception D).

509In section 327(2)(b) (capital allowances and loss relief) for “Chapter 1 of Part 10 of ICTA” substitute “ Part 4 of ITA 2007 ”.

510(1)Amend section 328 (earned income and relevant UK earnings for pension purposes) as follows.U.K.

(2)In subsection (2) for “treated as” to the end substitute “ relevant UK earnings within section 189(2)(ba) of FA 2004. ”

(3)In the sidenote omit “Earned income and”.

511In section 333(3) (treatment of property business adjustment income) for “Chapter 1 of Part 10 of ICTA” substitute “ Part 4 of ITA 2007 ”.

512In section 354(2) (other rules about what counts as a “post-cessation receipt”)—

(a)after “section 248 (debts paid after cessation)” insert “ (reading the reference in subsection (3) to section 96 of ITA 2007 as a reference to section 125 of that Act) ”, and

(b)after “section 250 (receipts relating to post-cessation expenditure)” insert “ (reading the reference in subsection (1) to section 96 of ITA 2007 as a reference to section 125 of that Act) ”.

513In section 369(4) (charge to tax on interest) for the words from “sections 714(5)” to the end substitute “ Chapter 3 of Part 12 of ITA 2007 (exemption for interest on securities to which Chapter 2 of that Part applies) ”.

514In section 372(2) (building society dividends) for the words from “has” to the end substitute “ includes any distribution (whether or not described as a dividend) ”.

515(1)Amend section 397 (tax credits for qualifying distributions: UK residents and eligible non-UK residents) as follows.U.K.

(2)In subsection (2) omit paragraph (b) and the “or” immediately before it.

(3)In subsection (4) after “ICTA” insert “ or section 56(3) of ITA 2007 ”.

(4)In subsection (6) for the words from “section 231AA” to “umbrella scheme),” substitute—

section 504(4) of ITA 2007 (disapplication of certain provisions for income of unauthorised unit trusts),

section 592 of ITA 2007 (no tax credits for borrower under stock lending arrangement),

section 593 of ITA 2007 (no tax credits for interim holder under repo),

section 594 of ITA 2007 (no tax credits for original owner under repo),.

516(1)Amend section 399 (qualifying distributions received by persons not entitled to tax credits) as follows.U.K.

(2)In subsection (4) for the words from “and the distribution” to “treated” substitute “ , the amount or value of the distribution is treated for the purposes of Chapters 3, 4 and 6 of Part 9 of ITA 2007 (special rates for trustees' income) ”.

(3)In subsection (7) for the words from “section 231AA(1A)” to the end substitute—

section 504(4) of ITA 2007 (disapplication of certain provisions for income of unauthorised unit trusts),

section 592 of ITA 2007 (no tax credits for borrower under stock lending arrangement),

section 593 of ITA 2007 (no tax credits for interim holder under repo), and

section 594 of ITA 2007 (no tax credits for original owner under repo).

517(1)Amend section 400 (non-qualifying distributions) as follows.U.K.

(2)In subsection (4) for the words from “income to which” to the end substitute “ assessed (in whole or in part) at the dividend trust rate by virtue of Chapter 3 of Part 9 of ITA 2007 (trustees' accumulated or discretionary income to be charged at special rates), the trustees' liability for income tax at that rate is reduced ”.

(3)After subsection (6) insert—

(7)Subsection (2) is subject to section 504(4) of ITA 2007 (disapplication of certain provisions for income of unauthorised unit trusts).

518In section 401 (relief: qualifying distribution after linked non-qualifying distribution) after subsection (6) insert—

(6A)The reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007.

519In section 410(3)(b) (stock dividend income arising to trustees) for the words from “income” to the end substitute “ accumulated or discretionary income (as defined in section 480 of ITA 2007 but excluding income arising under a trust established for charitable purposes only or an unauthorised unit trust in relation to which section 504 of that Act applies) ”.

520(1)Amend section 414 (stock dividends from UK resident companies: income tax to be treated as paid) as follows.U.K.

(2)In subsection (1) for “income to which section 686 of ICTA applies” substitute “ accumulated or discretionary income (as defined in section 480 of ITA 2007) ”.

(3)In subsection (4) after “fall to be made” insert “ at Step 2 or 3 of the calculation in section 23 of ITA 2007 (calculation of income tax liability) ”.

521In section 418(5) (loans to participator in close company: relief where borrowers liable as settlors) for “rate applicable to trusts” substitute “ trust rate ”.

522In section 421(4) (loans to participator in close company: income tax treated as paid) after “fall to be made” insert “ at Step 2 or 3 of the calculation in section 23 of ITA 2007 (calculation of income tax liability) ”.

523(1)Amend section 426 (annuity payments received after deduction of tax) as follows.U.K.

(2)For “Income tax deducted under either of the following sections” substitute “ In accordance with section 848 of ITA 2007 a sum representing income tax deducted under section 901 of that Act ”.

(3)Omit the words after “recipient”.

524In section 446 (strips of government securities: relief for losses) for subsection (2) substitute—

(2)If a person makes a claim under this section, the relief is given by deducting the loss in calculating the person's net income for the tax year in which the disposal occurs (see Step 2 of the calculation in section 23 of ITA 2007).

525In section 454 (listed securities held since 26th March 2003: relief for losses) for subsection (4) substitute—

(4)If a claim under this section is made by a person other than a trustee, the relief is given by deducting the loss in calculating the person's net income for the tax year in which the disposal occurs (see Step 2 of the calculation in section 23 of ITA 2007).

526(1)Amend section 457 (disposal of deeply discounted securities by trustees) as follows.U.K.

(2)Omit subsection (3).

(3)For subsection (5) substitute—

(5)If the trustees are trustees of a scheme in relation to which section 504 of ITA 2007 applies, subsection (2) does not apply to profits which are shown in the scheme's accounts as income available for payment to unit holders or for investment.

527In section 459(2) (profits from deeply discounted securities: transfer of assets abroad) for “sections 739 and 740 of ICTA (transfer of assets abroad) have” substitute “ Chapter 2 of Part 13 of ITA 2007 (transfer of assets abroad) has ”.

528In section 460(2) (profits from deeply discounted securities: minor definitions) for “section 709(1)” substitute “ section 840ZA ”.

529After section 465 insert—

465AAmounts for which individuals liable to be treated as highest part of total income

(1)This section applies if—

(a)an individual is liable for tax under this Chapter in respect of an amount, and

(b)the individual is treated by section 530 as having paid income tax at the savings rate on the amount.

(2)The amount is treated as the highest part of the individual's total income.

(3)Subsection (2) has effect for all income tax purposes except the purposes of sections 535 to 537 (gains from contracts for life insurance etc: top slicing relief).

(4)See section 1012 of ITA 2007 (relationship between highest part rules) for the relationship between—

(a)the rule in subsection (2), and

(b)other rules requiring particular income to be treated as the highest part of a person's total income.

F123530. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123Sch. 1 para. 530 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

531(1)Amend section 467 (liability of trustees for tax on gains from contracts for life insurance etc) as follows.U.K.

(2)After subsection (1) insert—

(1A)If trustees are liable for tax under this Chapter, the gain is treated for income tax purposes as income of the trustees.

(3)For subsection (7) substitute—

(7)If trustees are liable for tax under this Chapter, it is charged at the savings rate if—

(a)condition A is met, or

(b)condition D is met and the trustees are trustees of a charitable trust.

532In section 468 (gains from contracts for life insurance etc: non-UK resident trustees and foreign institutions)—

(a)in subsection (2) for “Sections 739 and 740”, “prevent” and “apply” substitute “ Chapter 2 of Part 13 of ITA 2007 ”, “prevents” and “applies” respectively, and

(b)in subsections (3) and (4) for “sections 739 and 740 apply” substitute “ Chapter 2 of Part 13 of ITA 2007 applies ”.

533In section 482 (excepted group life policies: conditions about persons intended to benefit)—

(a)in subsection (6) omit the definition of “tax advantage”, and

(b)after that subsection insert—

(7)In this section “tax advantage” has the meaning given by section 840ZA of ICTA.

534In section 520(4) (the property categories) after the definition of “internal linked fund” insert—

investment trust” has the meaning given by section 842 of ICTA,.

535(1)Amend section 530 (income tax treated as paid) as follows.U.K.

F124(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (4) after “fall to be made” insert “ at Step 2 or 3 of the calculation in section 23 of ITA 2007 (calculation of income tax liability) ”.

Textual Amendments

F124Sch. 1 para. 535(2) omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

536(1)Amend section 535 (top slicing relief) as follows.U.K.

(2)After subsection (2) insert—

(2A)If the relief is given by a reduction in income tax, it is given effect at Step 6 of the calculation in section 23 of ITA 2007.

F125(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)After subsection (6) insert—

(7)For the purposes of the calculations mentioned in subsection (1) any relief under Chapter 2 or 3 of Part 8 of ITA 2007 (which relate to gift aid and other gifts to charities) is ignored.

Textual Amendments

F125Sch. 1 para. 536(3) omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

F126537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126Sch. 1 para. 537 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

F127538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127Sch. 1 para. 538 omitted (21.7.2008 with effect in accordance with Sch. 1 para. 65 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 1 para. 35

539For section 539 (relief for deficiencies) substitute—

539Relief for deficiencies

(1)An individual is entitled to a tax reduction for a tax year in which a deficiency arises from a policy or contract on a chargeable event if—

(a)the condition in subsection (2) is met,

(b)the individual would (apart from this section) be liable to income tax at the higher rate or the dividend upper rate (or both) for the tax year, and

(c)the individual makes a claim.

(2)The condition is that, if a gain had arisen instead on the chargeable event—

(a)the individual would have been liable to income tax on the gain for the year, or

(b)the individual would have been so liable apart from the requirement in section 465(1) that the individual must be UK resident in the tax year in which the gain arises.

(3)The tax reduction is given effect at Step 6 of the calculation in section 23 of ITA 2007.

(4)See section 540 for the cases in which a deficiency is treated as arising from a policy or contract on a chargeable event, section 541 for how the deficiency is calculated and section 469(5) for the apportionment of deficiencies in cases where two or more persons are interested in a policy or contract.

(5)The amount of the tax reduction is calculated as follows.

Step 1

Attribute to the amount of the deficiency an amount of the individual's income for the tax year which is liable at the dividend upper rate, so far as is possible.

Step 2

If there is an amount of the deficiency remaining after Step 1, attribute to the remaining amount of the deficiency an amount of the individual's savings income for the tax year which is liable at the higher rate, so far as is possible.

Step 3

If there is an amount of the deficiency remaining after Step 2, attribute to the remaining amount of the deficiency an amount of the individual's other income for the tax year which is liable at the higher rate, so far as is possible.

Step 4

Calculate the amount of the individual's preliminary income tax liability for the tax year (see subsection (6)).

Step 5

Calculate the amount of the individual's preliminary income tax liability for the tax year again, on these assumptions—

Assume that any income attributed to the deficiency at Step 1 is liable at the dividend ordinary rate.

Assume that any income attributed to the deficiency at Step 2 is liable at the savings rate.

Assume that any income attributed to the deficiency at Step 3 is liable at the basic rate.

Step 6

Deduct the amount found at Step 5 from the amount found at Step 4.

The result is the amount of the tax reduction.

(6)The individual's preliminary income tax liability is the amount found by calculating the individual's income tax liability in accordance with section 23 of ITA 2007, ignoring Steps 6 and 7 of that calculation.

540In section 546(4) (table of provisions subject to special rules for older policies and contracts), in the first column of the table, for “Section 539(3)” substitute “ Section 539 ”.

F128541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128Sch. 1 paras. 541, 542 omitted (6.4.2014) by virtue of The Unauthorised Unit Trusts (Tax) Regulations 2013 (S.I. 2013/2819), regs. 1(3), 41(a) (with reg. 32)

F128542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F128Sch. 1 paras. 541, 542 omitted (6.4.2014) by virtue of The Unauthorised Unit Trusts (Tax) Regulations 2013 (S.I. 2013/2819), regs. 1(3), 41(a) (with reg. 32)

F129543. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129Sch. 1 para. 543 omitted (with effect in accordance with Sch. 12 para. 18(1) of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 12 para. 15(3)

F130544. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130Sch. 1 para. 544 omitted (with effect in accordance with Sch. 12 para. 18(1) of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 12 para. 15(3)

F131545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131Sch. 1 para. 545 omitted (with effect in accordance with Sch. 25 para. 10 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 25 para. 9(3)(h)(ii)

546(1)Amend section 595 (deduction of tax from payments to non-UK residents) as follows.U.K.

(2)In subsection (2) for the words after “which” substitute “ is to be deducted under section 910 of ITA 2007 ”.

(3)In subsection (3) for the words after “which” substitute “is to be deducted under section 910 of ITA 2007”.

547In section 601 (how relief for patent expenses is given) after subsection (2) insert—

(2A)The deduction or set-off is given effect at Step 2 of the calculation in section 23 of ITA 2007.

548(1)Amend section 602 (payments received after deduction of tax) as follows.U.K.

(2)For “Income tax deducted under either of the following sections” substitute “ In accordance with section 848 of ITA 2007, a sum representing income tax deducted under either of the following Chapters ”.

(3)For the words after “recipient” substitute

Chapter 6 of Part 15 of ITA 2007 (deduction from annual payments and patent royalties), and

Chapter 7 of that Part (deduction from other payments connected with intellectual property).

549(1)Amend section 618 (payments received after deduction of tax) as follows.U.K.

(2)For “Income tax deducted under either of the following sections” substitute “ In accordance with section 848 of ITA 2007, a sum representing income tax deducted under Chapter 6 of Part 15 of that Act ”.

(3)Omit the words after “recipient”.

550In section 619(2) (charge to tax on settlor)—

(a)for “sections 1 to 1B of ICTA” substitute “ Chapter 2 of Part 2 of ITA 2007 (rates at which income tax is charged) ”, and

(b)for “Tax Acts” substitute “ Income Tax Acts ”.

551After section 619 insert—

619AIncome treated as highest part of settlor's total income

(1)This section applies to income which is treated as income of a settlor as a result of section 624 (income where settlor retains an interest) or 629 (income paid to unmarried minor children of settlor).

(2)The income is treated as the highest part of the settlor's total income for the purposes of section 619 (so far as it relates to the income).

(3)See section 1012 of ITA 2007 (relationship between highest part rules) for the relationship between—

(a)the rule in subsection (2), and

(b)other rules requiring particular income to be treated as the highest part of a person's total income.

552In section 620(5) (which contains various definitions) in the definition of “charity” for the words from “each” to the end substitute—

(a)the Trustees of the National Heritage Memorial Fund,

(b)the Historic Buildings and Monuments Commission for England, and

(c)the National Endowment for Science, Technology and the Arts.

553In section 624 (income where settlor retains an interest in the settlement) after subsection (1) insert—

(1A)If the settlement is a trust, expenses of the trustees are not to be used to reduce the income of the settlor.

554In section 627(2) (income where settlor retains an interest: exceptions), in paragraph (b), for “section 25 of FA 1990 (donations to charity by individuals)” substitute “ Chapter 2 of Part 8 of ITA 2007 (gift aid) ”.

555(1)Amend section 628 (exception for gifts to charities) as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (a) for “is to” substitute “ must ”, and

(b)in paragraph (b) omit the words after “person”.

(3)After that subsection insert—

(2A)The cases covered by subsection (2)(b) include cases where the trustees have, or any other person has, any discretion over one or more of the following matters—

(a)whether, or the extent to which, the income is to be accumulated,

(b)the persons to whom the income is to be paid, and

(c)how much of the income is to be paid to any person.

(4)In subsection (6)—

(a)in the definition of “charity” for the words from “each” to the end substitute—

(a)the Trustees of the National Heritage Memorial Fund,

(b)the Historic Buildings and Monuments Commission for England, and

(c)the National Endowment for Science, Technology and the Arts, and, and

(b)omit the definition of “resident” and the “and” immediately after it.

556In section 631(7) (retained and accumulated income) for “the total income” substitute “ the child's total income or net income at Step 2 or 3 of the calculation in section 23 of ITA 2007 ”.

557In section 635(3)(d) (settlements: amounts treated as income of settlor: amount of available income) for “rate applicable to trusts” substitute “ trust rate ”.

558(1)Amend section 636 (calculation of undistributed income) as follows.U.K.

(2)In subsection (6) for “section 505 of ICTA (charities: general)” substitute “ any provision to which subsection (7) applies ”.

(3)After that subsection insert—

(7)This subsection applies to the following provisions of ITA 2007—

  • section 521(4) (gifts entitling donor to gift-aid relief),

  • section 522(5) (gifts of money from companies),

  • section 523(5) (payments from other charities),

  • section 524 (profits etc of charitable trades),

  • section 529 (profits from fund-raising events),

  • section 530 (profits from lotteries),

  • section 531 (property income etc),

  • section 532 (savings and investment income),

  • section 533 (public revenue dividends),

  • section 536 (miscellaneous income), and

  • section 537 (income from estates in administration).