80 Restriction of exemption from charge to income tax
(1) Schedule 15 to FA 2004 (charge to income tax on benefits received by former owner of property) is amended as follows.
(2) In paragraph 11 (exemptions from charge)—
(a) in sub-paragraph (9) (meaning of “the relevant property”) for “sub-paragraphs (1) to (8)” substitute “ this paragraph ”, and
(b) at the end insert—
(11) Sub-paragraph (12) applies where at any time—
(a) the relevant property has ceased to be comprised in a person's estate for the purposes of IHTA 1984, or
(b) he has directly or indirectly provided any consideration for the acquisition of the relevant property,
and at any subsequent time the relevant property or any derived property is comprised in his estate for the purposes of IHTA 1984 as a result of section 49(1) of that Act (treatment of interests in possession).
(12) Where this sub-paragraph applies, the relevant property and any derived property—
(a) are not to be treated for the purposes of sub-paragraphs (1) and (2) as comprised in his estate at that subsequent time, and
(b) are not to be treated as falling within sub-paragraph (5) in relation to him at that subsequent time.
(13) For the purposes of sub-paragraphs (11) and (12) references, in relation to the relevant property, to any derived property are to other property—
(a) which derives its value from the relevant property, and
(b) whose value, so far as attributable to the relevant property, is not substantially less than the value of the relevant property.
.
(3) In paragraph 21 (election for application of inheritance tax provisions where paragraph 3 (land) or 6 (chattels) would otherwise apply)—
(a) in sub-paragraph (2)(b) (application of the gifts with reservation rules), in sub-paragraph (i) at the end insert “ , but only so far as the chargeable person is not beneficially entitled to an interest in possession in the property ”,
(b) in sub-paragraph (2)(b) for sub-paragraph (ii) and the “and” before it substitute—
(ii) section 102(3) and (4) of that Act shall apply, but only so far as the chargeable person is not beneficially entitled to an interest in possession in the property, and
(iii) if the chargeable person is beneficially entitled to an interest in possession in the property, sections 53(3) and (4) and 54 of IHTA 1984 (which deal with cases of property reverting to the settlor etc) shall not apply in relation to the chargeable proportion of the property.
, and
(c) in sub-paragraph (3) (meaning of “the chargeable proportion”), after paragraph (a)(ii) insert—
(iii) in the case of property in which the chargeable person is beneficially entitled to an interest in possession, to the date of his death or (if his interest comes to an end on an earlier date) that earlier date, and
.
(4) In paragraph 22 (election for application of inheritance tax provisions where paragraph 8 (intangible property) would otherwise apply), in sub-paragraph (2)(b) (application of the gifts with reservation rules)—
(a) in sub-paragraph (i) at the end insert “ , but only so far as the chargeable person is not beneficially entitled to an interest in possession in the property concerned ”, and
(b) for sub-paragraph (ii) and the “and” before it substitute—
(ii) section 102(3) and (4) of that Act shall apply, but only so far as the chargeable person is not beneficially entitled to an interest in possession in the property concerned, and
(iii) if the chargeable person is beneficially entitled to an interest in possession in the property concerned, sections 53(3) and (4) and 54 of IHTA 1984 (which deal with cases of property reverting to the settlor etc) shall not apply in relation to that property.
.
(5) The amendments made by this section have effect—
(a) for the part of the year 2005-06 beginning with 5th December 2005, and
(b) for the year 2006-07 and subsequent years of assessment.
(6) If—
(a) paragraph 11 of Schedule 15 to FA 2004 ceases, in consequence of the amendments made by this section, to apply to a person in relation to any property, and
(b) that person dies before the day on which this Act is passed without making an election under paragraph 21 or 22 of that Schedule in relation to that property,
his personal representatives (within the meaning of IHTA 1984) may make any election under paragraph 21 or 22 of that Schedule that he might have made.
(7) If—
(a) in consequence of the amendments made by this section a person makes an election under paragraph 21 or 22 of Schedule 15 to FA 2004,
(b) that person dies before the day on which this Act is passed, and
(c) an amount of inheritance tax would (but for this subsection) fall due before that day,
that amount is to be treated instead as falling due at the end of the period of 14 days beginning with that day.
(8) This section is deemed to have come into force on 5th December 2005.
(1) Schedule 8 (which makes provision in relation to leases of plant or machinery) has effect.
(2) Schedule 9 (which makes miscellaneous amendments relating to such leases) has effect.
83 Restrictions on use of losses etc: leasing partnerships
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) After section 261 of CAA 2001 (special leasing: life assurance business) insert—
Special leasing: leasing partnerships
261A (1) This section applies for corporation tax purposes if—
(a) a company carries on a business in partnership with other persons in a chargeable period of the partnership,
(b) the business (“the leasing business”) is, on any day in that period, a business of leasing plant or machinery,
(c) the company is entitled to an allowance under section 19 (special leasing of plant or machinery) for any chargeable period comprised (wholly or partly) in the chargeable period of the partnership, and
(d) the interest of the company in the leasing business during the chargeable period of the partnership is not determined on an allowable basis.
(2) Subsections (3) to (6) of section 260 do not apply in relation to the allowance.
(3) For the purposes of this section—
(a) “business of leasing plant or machinery” has the same meaning as in Part 3 of Schedule 10 to FA 2006 (sale etc of lessor companies etc), and
(b) section 785ZA of ICTA applies for determining whether the interest of the company in the leasing business during the chargeable period of the partnership is determined on an allowable basis.
.
(4) The amendments made by this section have effect in relation to any business carried on by a company in partnership in any accounting period of the partnership ending on or after 5th December 2005.
(5) But, in relation to any accounting period of the partnership beginning before 5th December 2005 and ending on or after that date, those amendments have effect only if—
(a) the company starts to carry on the business in partnership on or after that date, or
(b) a relevant change in the interest of the company in the business occurs on or after that date.
(6) A relevant change in the interest of the company in the business occurs at any time if—
(a) immediately before that time its interest in the business during any accounting period of the partnership is determined on an allowable basis (within the meaning given by section 887 of the Corporation Tax Act 2010), and
(b) immediately after that time its interest in the business during that period is not so determined.
84 Disposal of plant or machinery subject to lease where income retained
(1) CAA 2001 is amended as follows.
(2) In section 66 (list of provisions outside Chapter 5 of Part 2 about disposal values), after the entry relating to section 222 of CAA 2001, insert—
sections 228K to 228M | Disposal of plant or machinery subject to lease where income retained
.
(3) After section 228J (plant or machinery subject to further operating lease) insert—
Disposal of plant or machinery subject to lease where income retained
Disposal of plant or machinery subject to lease where income retained
228K (1) This section applies for corporation tax purposes if—
(a) on any day (“the relevant day”) a person (“the lessor”) carries on a business of leasing plant or machinery (the “leasing business”),
(b) on the relevant day the lessor sells or otherwise disposes of any relevant plant or machinery subject to a lease to another person,
(c) the lessor remains entitled immediately after the disposal to some or all of the rentals under the lease in respect of the plant or machinery which are payable on or after the relevant day, and
(d) the lessor is required to bring a disposal value of the plant or machinery into account under this Part.
(2) The disposal value to be brought into account is determined as follows.
(3) If the amount or value of the consideration for the disposal exceeds the limit that would otherwise be imposed on the amount of the disposal value by section 62 (general limit) or 239 (limit on disposal value where additional VAT rebate)—
(a) that limit is not to apply, and
(b) the whole of the amount or value of the consideration for the disposal is to be the disposal value to be brought into account.
(4) In any other case, the disposal value to be brought into account is the sum of—
(a) the amount or value of the consideration for the disposal, and
(b) the value of the rentals under the lease in respect of the plant or machinery (see subsections (7) and (8)) which are payable on or after the relevant day and to which the lessor remains entitled immediately after the disposal,
but subject to the limit imposed on the amount of the disposal value by section 62 or 239.
(5) If—
(a) any of the rentals under the lease are receivable by the lessor on or after the relevant day, and
(b) the value of any of those rentals is represented in the amount of the disposal value under subsection (4)(b),
the amount of those rentals that is equal to their value as so represented is left out of account in calculating the income of the lessor's leasing business for corporation tax purposes.
(6) If, in determining under subsection (5) the amount of any rental to be so left out of account, it is necessary to apportion the amount of the rental, the apportionment is to be made on a just and reasonable basis.
(7) For the purposes of this section, the value of any rentals under the lease in respect of the plant or machinery is taken to be the amount of the net present value of the rentals (see section 228L).
(8) If any land or other asset which is not plant or machinery is subject to the lease, the value of any rentals under the lease in respect of the plant or machinery is taken to be so much of the amount of the net present value of the rentals as, on a just and reasonable basis, relates to the plant or machinery.
(9) This section is supplemented by—
(a) section 228L (which provides rules for determining the net present value of the rentals), and
(b) section 228M (which defines other expressions used in this section).
Determining the net present value of the rentals for purposes of s.228K
228L (1) For the purposes of section 228K, the amount of the net present value of the rentals is calculated as follows—
Step 1
Find the amount (“RI”) of each rental payment—
(a) which is payable at any time during the term of the lease, and
(b) which is payable on or after the relevant day.
Step 2
For each rental payment find the day (“the payment day”) on which it becomes payable.
Step 3
For each rental payment find the number of days in the period (“P”) which—
(a) begins with the relevant day, and
(b) ends with the payment day.
Step 4
Calculate the net present value of each payment (“NPVRI”) by applying the following formula—
RI
(
1
+
T
)
i
where—
T is the temporal discount rate, and
i is the number of days in P divided by 365.
Step 5
Add together each amount of NPVRI determined under step 4.
(2) For the purposes of this section the “term” of a lease has the meaning given in Chapter 6A of this Part.
(3) For the purposes of this section the “temporal discount rate” is 3.5% or such other rate as may be specified by regulations made by the Treasury.
(4) The regulations may make such provision as is mentioned in subsection (3)(b) to (f) of section 178 of FA 1989 (power of Treasury to set rates of interest).
(5) Subsection (5) of that section (power of Commissioners to specify rate by order in certain circumstances) applies in relation to regulations under this section as it applies in relation to regulations under that section.
Other definitions for the purposes of s.228K
228M (1) This section applies for the purposes of section 228K.
(2) “Business of leasing plant or machinery”—
(a) has the same meaning as in Part 2 of Schedule 10 to FA 2006 (sale etc of lessor companies etc) (if the business is carried on otherwise than in partnership), or
(b) has the same meaning as in Part 3 of that Schedule (if the business is carried on in partnership).
(3) “Lease” includes—
(a) an underlease, sublease, tenancy or licence, and
(b) an agreement for any of those things.
(4) “Relevant plant or machinery”, in relation to a business of leasing plant or machinery, means plant or machinery on whose provision expenditure is incurred wholly or partly for the purposes of the business.
.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The amendments made by this section have effect in relation to any disposal made on or after 5th December 2005.
(6) But any rentals that are receivable by the lessor before 22nd March 2006 are to be left out of account in calculating the income of the lessor's leasing business for corporation tax purposes.
85 Restrictions on effect of elections under section 266 of CAA 2001
(1) CAA 2001 is amended as follows.
(2) In section 266 (election where predecessor and successor are connected persons), in subsection (7) (sections 104, 108 and 265 not to apply if election is made), at the end insert “ (but see section 267A) ”.
(3) In section 267 (effect of election), at the end insert—
(6) This section is subject to section 267A.
.
(4) After that section insert—
Restriction on effect of election
267A (1) This section applies for corporation tax purposes if—
(a) on any day (“the relevant day”) a person (“the predecessor”) carries on a business of leasing plant or machinery,
(b) on the relevant day another person (“the successor”) succeeds to the business, and
(c) the predecessor and the successor make an election under section 266.
(2) Neither—
(a) section 266(7), nor
(b) the provisions of section 267,
have effect in relation to any plant or machinery which, in determining whether the business is a business of leasing plant or machinery on the relevant day, is qualifying leased plant or machinery.
(3) In this section “business of leasing plant or machinery”—
(a) has the same meaning as in Part 2 of Schedule 10 to FA 2006 (sale etc of lessor companies etc) (if the business is carried on otherwise than in partnership), or
(b) has the same meaning as in Part 3 of that Schedule (if the business is carried on in partnership).
.
(5) The amendments made by this section have effect in relation to any succession occurring on or after 5th December 2005.
87 Qualifying policies: altering method for calculating benefits
(1) Schedule 15 to ICTA (provisions for determining whether an insurance policy is a “qualifying policy” for the purposes of the Tax Acts) is amended as follows.
(2) In paragraph 18 (variations), in sub-paragraph (3) (paragraph does not apply by reason of certain variations), at the end insert
, or
(d) any variation which alters the method for calculating the benefits secured by the policy.
.
(3) In paragraph 22 (certificates from body issuing policy), in sub-paragraph (3) (sub-paragraph (2) does not apply by reason of certain variations), at the end insert
; or
(c) any variation which alters the method for calculating the benefits secured by the policy.
.
(4) In the case of a variation effected as part of, or in connection with, an insurance business transfer scheme, the amendments made by this section are deemed always to have had effect.
(5) In any other case, the amendments made by this section have effect in relation to variations effected on or after 7th October 2005.
(6) In this section an “insurance business transfer scheme” means—
(a) a scheme falling within section 105 of the Financial Services and Markets Act 2000 (c. 8),
(b) a scheme sanctioned by a court under Part 1 of Schedule 2C to the Insurance Companies Act 1982 (c. 50), or
(c) a scheme sanctioned by a court under section 49 of that Act or under any earlier enactment corresponding to that section,
and for the purposes of this subsection any reference to an enactment is a reference to the enactment as it had effect from time to time.
Schedule 12 (which amends TCGA 1992 in respect of settlors and trustees of settlements and makes other minor and consequential amendments) shall have effect.
Schedule 13 (which amends ICTA and ITTOIA 2005 in respect of settlors and trustees of settlements and makes other minor and consequential amendments) shall have effect.
(1) Schedule 14 contains amendments of the provisions relating to—
. . .
. . .
the corporate venturing scheme.
(2) Those amendments have effect as mentioned in that Schedule.
(1) Section 420 of ITEPA 2003 (meaning of securities etc) is amended as follows.
(2) In subsection (1)(f), insert at the beginning “ options and ”.
(3) In subsection (5)(e), insert at the beginning “ securities ”.
(4) In subsection (8), in the definition of “securities option”, after “acquire securities” insert “ other than a right to acquire securities which is acquired pursuant to a right or opportunity made available under arrangements the main purpose (or one of the main purposes) of which is the avoidance of tax or national insurance contributions ”.
(5) This section has effect in relation to options acquired on or after 2nd December 2004; but subsection (4) also has effect in relation to an option acquired before that date where something is done on or after that date as part of the arrangements under which it was made available.
(1) ITEPA 2003 is amended as follows.
(2) In section 222 (payments by employer on account of tax where deduction not possible)—
(a) in subsection (1)(c), for “date on which the employer is treated as making the notional payment” substitute “ relevant date ”,
(b) in subsection (2), for “date mentioned in subsection (1)(c)” substitute “ relevant date ”, and
(c) after subsection (3) insert—
(4) In this section “the relevant date” means—
(a) if the employer is treated by virtue of any Act as making the notional payment before the date on which the Act is passed, that date, and
(b) in any other case, the date on which the employer is treated as making the notional payment.
(3) In section 684(2) (PAYE regulations), in item 1—
(a) for “time of the payment” substitute “ relevant time ”, and
(b) after paragraph (b) insert—
“The relevant time” is—
(a) if the payment is a notional payment for the purposes of section 710 and the person is treated by virtue of any Act as making it at a time before the date on which the Act is passed, that date, and
(b) in any other case, the time when the payment is made.
(4) In section 710 (notional payments: accounting for tax)—
(a) in subsection (7), after “means” insert “ (subject to subsection (7A)) ”, and
(b) after that subsection insert—
(7A) In a case where the notional payment is treated by virtue of any Act as made before the date on which the Act is passed—
(a) the reference in sub-paragraph (i) of paragraph (a) of subsection (7) to the time when the notional payment is made is to the date on which the Act is passed,
(b) the reference in sub-paragraph (ii) of that paragraph to any occasion falling within the same income tax period is to any occasion falling before the end of the income tax period next after that in which that date falls, and
(c) the reference in paragraph (b) of that subsection to the income tax period in which the notional payment was made is to the income tax period next after that in which that date falls.
(5) The provisions of ITEPA 2003 amended by this section have effect in relation to notional payments treated by virtue of this Act as made before the date on which this Act is passed as if for the references to the date on which the Act is passed in—
(a) section 222(4)(a),
(b) paragraph (a) of the definition of “the relevant time” in section 684(2), and
(c) section 710(7A)(a), (b) and (c),
there were substituted references to such date as the Commissioners for Her Majesty's Revenue and Customs may by order made by statutory instrument appoint.
(1) Section 29 of the Energy Act 2004 (c. 20) (disregard for tax purposes of cancellation etc of decommissioning provisions) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “relevant company” substitute “ BNFL company ”;
(b) for paragraphs (b) and (c) substitute—
(b) that provision—
(i) relates to decommissioning or cleaning-up which the NDA acquires or has acquired responsibility for securing by virtue of a direction under section 3, but
(ii) is not provision recognised in order to reflect the terms or effect of a management contract between the company and the NDA;
and
(c) the responsibility referred to in paragraph (b)(i)—
(i) includes the financial responsibility under section 21, or
(ii) would do so but for the fact that the amount of the financial responsibility is for the time being subject to a limit imposed by a capping agreement.
(3) For subsections (3) and (4) substitute—
(3) This subsection applies to a credit or debit if it arises from—
(a) the recognition in the accounts of the company for a relevant period beginning on or after 1st April 2005 of—
(i) the relevant provision, or
(ii) an asset that, in accordance with generally accepted accounting practice, is recognised in connection with the relevant provision in order to reflect the acquisition of financial responsibility referred to in subsection (1) (a “matching asset”);
(b) an adjustment made in the accounts of the company for such a period of—
(i) the relevant provision, or
(ii) a matching asset;
or
(c) the removal from the accounts of the company for such a period of—
(i) the relevant provision,
(ii) a matching asset, or
(iii) an asset or liability recognised in order to reflect the terms or effect of a contract falling within subsection (3A).
(3A) A contract falls within this subsection if—
(a) it is a contract made before 1st April 2005 and having effect between two or more BNFL companies under which a party to the contract assumed responsibility for securing decommissioning or cleaning-up; and
(b) the rights and obligations under the contract are extinguished by reason of a transfer made under a nuclear transfer scheme.
(4) In subsection (5)—
(a) for the definition of “BNFL company” substitute—
“BNFL company” means—
(a) BNFL,
(b) a company that immediately before 1st April 2005 was a wholly-owned subsidiary of BNFL, or
(c) a wholly-owned subsidiary of a company falling within paragraph (b);
;
(b) after that definition insert—
“capping agreement” means an agreement under subsection (9) of section 21, entered into on 1st April 2005, the sole or main effect of which is to impose a limit on the NDA's financial responsibility under that section;
“management contract” has the same meaning as in section 27;
;
(c) for the definition of “relevant company” substitute—
“relevant period”, in relation to a company, means an accounting period during the whole of which the company is publicly owned;
.
(5) After that subsection insert—
(5A) Where a company ceases to be publicly owned otherwise than at the end of an accounting period—
(a) the accounting period during which it ceases to be publicly owned is treated for the purposes of corporation tax as ending when it so ceases; and
(b) its profits and losses are to be computed accordingly for those purposes.
(6) The amendments made by this section have effect in relation to accounting periods of a BNFL company ending on or after 22nd March 2006.
“BNFL company” has the same meaning as in section 29 of the Energy Act 2004 (c. 20) as amended by this section.
100 Amendment of section 30 of the Energy Act 2004
(1) Section 30 of the Energy Act 2004 (disregard for tax purposes of decommissioning provisions recognised by Nuclear Decommissioning Authority) is amended as follows.
(2) In subsection (1)—
(a) for paragraph (b) substitute—
(b) that responsibility—
(i) includes the financial responsibility under section 21, or
(ii) would do so but for the fact that the amount of the financial responsibility is for the time being subject to a limit imposed by a capping agreement;
;
(b) in paragraph (c) omit “on the coming into force of the direction mentioned in paragraph (a),”;
(c) at the end of that paragraph insert
; and
(d) the provision is recognised—
(i) in order to reflect the coming into force of the direction mentioned in paragraph (a), or
(ii) in consequence of the variation or removal of a limit on the NDA's financial responsibility under section 21 imposed by a capping agreement.
(3) For subsection (3) substitute—
(3) In computing the profits, gains or losses of the NDA for the purposes of corporation tax, no amount shall be brought into account in connection with—
(a) the recognition made in the accounts of the NDA of—
(i) the relevant provision, or
(ii) an asset that, in accordance with generally accepted accounting practice, is recognised in order to reflect a limit on the NDA's financial responsibility under section 21 imposed by a capping agreement;
(b) any adjustment made in those accounts (including the removal from the accounts of an asset falling within paragraph (a)(ii)) in consequence of a variation or removal of the limit mentioned in paragraph (a)(ii).
(4) In subsection (4), for the words after “in connection with” substitute “ an adjustment not falling within paragraph (b) of that subsection ”.
(5) In subsection (5), after the definition of “BNFL company” insert—
“capping agreement” has the same meaning as in section 29;
.
(6) The amendments made by this section have effect in relation to accounting periods of the Nuclear Decommissioning Authority ending on or after 22nd March 2006.
(1) Section 83 of FA 2005 (application of accounting standards to securitisation companies) is amended as follows.
(2) In subsection (1)(b) (periods of account in relation to which old UK GAAP is to apply) for “1st January 2007” substitute “ 1st January 2008 ”.
(3) In subsection (3) (meaning of “note-issuing company”)—
(a) omit “and” at the end of paragraph (c);
(b) after paragraph (d) insert—
, and
(e) if it has any business apart from the activity mentioned in paragraph (a) (and any incidental activities) it consists in one or both of the following—
(i) acquiring, holding and managing assets forming the whole or part of the security for the capital market arrangement;
(ii) acting as guarantor in respect of loan relationships, derivative contracts, finance leases or other liabilities of other companies where the whole, or substantially the whole, of the company's rights in respect of the guarantee (including any right of subrogation) form the whole or part of the security for the capital market arrangement.
.
(4) In subsection (5) (meaning of “intermediate borrowing company”)—
(a) in paragraph (a) after “asset-holding company”, and
(b) in paragraph (b) after “note-issuing company”,
insert “ (or another intermediate borrowing company) ”.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The amendments in this section shall be deemed always to have had effect, subject as follows.
(7) A company that would have been a securitisation company for the purposes of section 83 of FA 2005 if the amendments in this section had not been made, being either—
(a) a note-issuing company that—
(i) had become party as debtor to the capital market investment before 22nd March 2006, or
(ii) had before that date entered into a binding arrangement to become a party as debtor to the capital market investment, or
(b) another description of securitisation company by virtue of its connection with a company within paragraph (a),
may elect to be taxed as if the amendments in subsection (3) had not been made.
(8) Any such election must be made not later than 31st March 2007 and has effect for all relevant periods of account.
(1) Schedule 15 to this Act (accountancy change: spreading of adjustment) has effect.
(2) In that Schedule—
Part 1 makes provision for income tax purposes, and
Part 2 makes provision for corporation tax purposes.
(3) In section 21B of ICTA (corporation tax: application to Schedule A business of other rules applicable to Case 1 of Schedule D) for “section 44 of and Schedule 6 to the Finance Act 1998” substitute “ section 64 of and Schedule 22 to the Finance Act 2002 ”.