Explanatory Notes

Corporation Tax Act 2009

2009 CHAPTER 4

26 March 2009

Introduction

Background

The Tax Law Rewrite project

7.In December 1995 the Inland Revenue presented a report to Parliament on the scope for simplifying the United Kingdom tax system (The Path to Tax Simplification). The main recommendation was that United Kingdom direct tax legislation should be rewritten in clearer, simpler language.

8.This recommendation was warmly welcomed, both in Parliament and in the tax community. In his November 1996 Budget speech the then Chancellor of the Exchequer (the Rt Hon Kenneth Clarke QC MP) announced that the Inland Revenue would propose detailed arrangements for a major project to rewrite direct tax legislation in plainer language.

9.The project team has been carrying out this work. The aim is that the rewritten legislation should use simpler language and structure than previous tax legislation. The members of the project are drawn from different backgrounds. They include longstanding HMRC employees, former private sector tax professionals and parliamentary counsel including (as head of the drafting team) a senior member of the Parliamentary Counsel Office.

Steering Committee

10.The work of the project is overseen by a Steering Committee, chaired by the Rt Hon the Lord Newton of Braintree OBE DL. The membership of the Steering Committee as at 31 October 2008 was:

Consultative Committee

11.The work is also reviewed by a Consultative Committee, representing the accountancy and legal professions and the interests of taxpayers. The membership of the Consultative Committee as at 31 October 2008 was:

Robina DyallChairman
Brian Atkinson100 Group
Adam BrokeSpecial Committee of Tax Law Consultative Bodies
Colin CampbellConfederation of British Industry
Russell ChaplinLondon Chamber of Commerce & Industry
Mary FraserAssociation of Chartered Certified Accountants
Malcolm Gammie CBE QCThe Law Society of England and Wales
Julian Ghosh QCRevenue Bar Association
Keith GordonChartered Institute of Taxation
Terry HopesInstitute of Chartered Accountants in England and Wales
Bob McInerneyFederation of Small Businesses
Isobel d'InvernoLaw Society of Scotland
Amy JonesInstitute of Chartered Accountants of Scotland
Simon McKieInstitute of Chartered Accountants in England and Wales
Lakshmi NarainChartered Institute of Taxation
Francis SandisonThe Law Society of England and Wales
Michael TemplemanInstitute of Directors
Professor David WilliamsOffice of the Social Security Commissioners
Mervyn WoodsConfederation of British Industry
Consultation

12.The work produced by the project has been subject to public consultation. This has allowed all interested parties an opportunity to comment on draft clauses.

13.This consultation took the form of a series of papers which published clauses in draft. There were 20 of these, published between July 2006 and November 2008 and a draft Bill was published for consultation in February 2008. All these documents are available on the Tax Law Rewrite website.

14.The project also held detailed informal discussions and workshops with leading private sector tax professionals and HMRC specialists to consider the drafting of the more complex areas of rewritten tax legislation, for example, loan relationships and derivative contracts.

15.Those who responded to one or more of the papers, or to the draft Bill, include:

Note: this list excludes those who asked that their responses be treated in confidence.