SCHEDULES

SCHEDULE 12Plastic packaging tax

6Groups

1

Section 71 (groups of companies) is amended in accordance with sub-paragraphs (2) to (4).

2

In subsection (1), in the words after paragraph (b), after “is” insert “treated as”.

3

In subsection (2)—

a

after “Part” insert “, and save as otherwise provided by or under this Part,”;

b

after “if” insert

a

c

after “P” insert

,

b

it had assumed all other obligations in relation to plastic packaging tax that, apart from this subsection, would have been obligations of P, and

c

it had assumed all entitlements in relation to plastic packaging tax that—

i

apart from this subsection, would have been entitlements of P, and

ii

arose after P and the representative member began to be treated as members of the same group.

4

after subsection (3) insert—

3A

The Commissioners may by regulations make such further provision as they consider appropriate about—

a

a body corporate that is treated as a member of a group being treated as if it had or had not assumed an entitlement given by or under this Part (ignoring the regulations) to another body corporate that is treated as a member of the group;

b

the performance or discharge by a body corporate that is treated as a member of a group of an obligation or liability imposed by or under this Part (ignoring the regulations) on another body corporate that is treated as a member of the group.

5

In Schedule 13 (groups of companies)—

a

in paragraph 3 (application for group treatment)—

i

in sub-paragraph (1), omit the words from “from” to the end;

ii

for sub-paragraph (3) substitute—

3

Where the Commissioners receive an application under sub-paragraph (1), they must, by notice to the applicants or the body that is to be the representative member—

a

confirm whether they accept or refuse the application, and

b

if they accept the application, specify a date from which the applicants are to be treated as members of the same group.

4

The Commissioners must give the notice within the period of 90 days beginning with the day on which the application is received.

5

The date mentioned in sub-paragraph (3)(b) must be within that period.

b

in paragraph 5 (applications to modify group treatment)—

i

in sub-paragraph (1), omit the words after paragraph (d);

ii

for sub-paragraph (2) substitute—

2

Where the Commissioners receive an application under sub-paragraph (1), they must, by notice to the applicant and, in a case within sub-paragraph (1)(b), the proposed new representative member—

a

confirm whether they accept or refuse the application, and

b

if they accept the application, specify a date from which the application is to be treated as having been accepted.

3

The Commissioners must give the notice within the period of 90 days beginning with the day on which the application is received.

4

The date mentioned in sub-paragraph (2)(b) must be within that period.