Change 1 Article Choose an article Title and introductory text 1 Charge, rates, basic rate limit and personal allowance for 2014-15 2 Basic rate limit for 2015-16 and personal allowances from 2015 3 The starting rate for savings and the savings rate limit 4 Indexation of limits and allowances under ITA 2007 5 Charge for financial year 2015 6 Small profits rate and fractions for financial year 2014 7 Rates for ring fence profits and abolition of small profits rate for non-ring fence profits 8 Annual exempt amount for 2014-15 9 Annual exempt amount for 2015-16 onwards 10 Temporary increase in annual investment allowance 11 Tax relief for married couples and civil partners 12 Recommended medical treatment 13 Relief for loan interest: loan to buy interest in close company 14 Relief for loan interest: loan to buy interest in employee-controlled company 15 Restrictions on remittance basis 16 Treatment of agency workers 17 Recovery under PAYE regulations from certain company officers 18 Employment intermediaries: information powers and related penalties 19 Payments by employer on account of tax where deduction not possible 20 PAYE obligations of UK intermediary in cases involving non-UK employer 21 Oil and gas workers on the continental shelf: operation of PAYE 22 Threshold for benefit of loan to be treated as earnings 23 Taxable benefits: cars, vans and related benefits 24 Cars: the appropriate percentage 25 Cars and vans: payments for private use 26 Release of debts: stabilisation powers under Banking Act 2009 27 Holdings treated as rights under loan relationships 28 De-grouping charges (loan relationships etc) 29 Disguised distribution arrangements involving derivative contracts 30 Avoidance schemes involving the transfer of corporate profits 31 R&D tax credits for small or medium-sized enterprises 32 Film tax relief 33 Television tax relief: activities to be treated as separate trade 34 Video games development 35 Community amateur sports clubs 36 Tax relief for theatrical production 37 Changes in company ownership 38 Transfer of deductions: research and development allowances 39 Tax treatment of financing costs and income 40 Determination of beneficial entitlement for purposes of group relief 41 Pension flexibility: drawdown 42 Pension flexibility: taking low-value pension rights as lump sum 43 Pension flexibility: further amendments 44 Transitional provision for new standard lifetime allowance for 2014-15 etc 45 Taxable specific income: effect on pension input amount for non-UK schemes 46 Pension schemes 47 Glasgow Grand Prix 48 Major sporting events: power to provide for tax exemptions 49 Share incentive plans: increases in maximum annual awards etc 50 Share incentive plans: power to adjust maximum annual awards etc 51 Employee share schemes 52 Employment-related securities etc 53 Venture capital trusts 54 Removing time limit on seed enterprise investment scheme relief 55 Removing time limit on CGT relief in respect of re-investment under SEIS 56 Exclusion of incentivised electricity or heat generation activities 57 Relief for investments in social enterprises 58 Relief on disposal of private residence 59 Remittance basis and split year treatment 60 Termination of life interest and death of life tenant: disabled persons 61 Capital gains roll-over relief: relevant classes of assets 62 Capital gains roll-over relief: intangible fixed assets 63 Avoidance involving losses 64 Extension of capital allowances 65 General Block Exemption Regulation 66 Business premises renovation allowances 67 Mineral extraction allowances: activities not within charge to tax 68 Mineral extraction allowances: expenditure on planning permission 69 Extended ring fence expenditure supplement for onshore activities 70 Supplementary charge: onshore allowance 71 Oil and gas: reinvestment after pre-trading disposal 72 Substantial shareholder exemption: oil and gas 73 Oil contractor activities: ring-fence trade etc 74 Partnerships 75 Transfer pricing: restriction on claims for compensation adjustments 76 Rates of alcoholic liquor duties 77 Rates of tobacco products duty 78 Air passenger duty: rates of duty from 1 April 2014 79 Air passenger duty: rates of duty from 1 April 2015 80 Air passenger duty: adjustments to Part 3 of Schedule 5A to FA 1994 81 VED rates for light passenger vehicles, light goods vehicles, motorcycles etc 82 VED rates: rigid goods vehicle with trailers 83 VED rates: use for exceptional loads, rigid goods vehicles and tractive units 84 VED: extension of old vehicles exemption from 1 April 2014 85 VED: extension of old vehicles exemption from 1 April 2015 86 Abolition of reduced VED rates for meeting reduced pollution requirements 87 Six month licence: tractive units 88 Vehicles subject to HGV road user levy: amount of 6 month licence 89 Payment of vehicle excise duty by direct debit 90 Definition of “revenue weight” 91 Vehicle excise and registration: other provisions 92 HGV road user levy: rates tables 93 HGV road user levy: disclosure of information by HMRC 94 Aggregates levy: removal of certain exemptions 95 Aggregates levy: power to restore exemptions 96 Climate change levy: main rates for 2015-16 97 Climate change levy: carbon price support rates for 2014-15 and 2015-16 98 Climate change levy: carbon price support rates for 2016-17 99 Climate change levy: exemptions: mineralogical & metallurgical processes etc 100 Rates of landfill tax 101 Goods carried as stores 102 Penalties under section 26 of FA 2003: extension to excise duty 103 VAT: special schemes 104 VAT: place of belonging 105 VAT: place of supply orders: disapplication of transitional provision 106 VAT: supply of services through agents 107 VAT: refunds to health service bodies 108 VAT: prompt payment discounts 109 ATED: reduction in threshold from 1 April 2015 110 ATED: further reduction in threshold from 1 April 2016 111 SDLT: threshold for higher rate applying to certain transactions 112 SDLT: exercise of collective rights by tenants of flats 113 SDLT: charities relief 114 Abolition of SDRT on certain dealings in collective investment schemes 115 Abolition of stamp duty and SDRT: securities on recognised growth markets 116 Temporary statutory effect of House of Commons resolution 117 Inheritance tax 118 Gifts to the nation: estate duty 119 Bank levy: rates from 1 January 2014 120 Bank levy: miscellaneous changes 121 Rates of gaming duty 122 Rate of bingo duty 123 Exemption from bingo duty: small-scale amusements provided commercially 124 Rates of machine games duty 125 General betting duty 126 General bets 127 General betting duty charge on general bets 127A General betting duty charge on remote bets 128 Spread bets 129 General betting duty charge on financial spread bets 130 General betting duty charge on non-financial spread bets 131 Ordinary profits 132 Retained winnings profits 133 Bet-brokers 134 Chapter 1 pool bets 135 General betting duty charge on Chapter 1 pool bets 136 Profits on pooled stake Chapter 1 pool bets 137 Profits on ordinary Chapter 1 pool bets 138 Profits on retained winnings on Chapter 1 pool bets 139 Chapter 1: stake money 140 Chapter 1: winnings 141 General betting duty charge on betting exchanges 142 Liability to pay 143 Chapter 2 pool bets 144 Pool betting duty charge on Chapter 2 pool bets 145 Profits on pooled stake Chapter 2 pool bets 146 Profits on ordinary Chapter 2 pool bets 147 Profits on retained winnings on Chapter 2 pool bets 148 Chapter 2: stake money 149 Chapter 2: winnings 150 Payments treated as bets 151 Payment and recovery 152 Notification of reliance on community benefit exemption 153 Bets made for community benefit 154 Remote gaming 155 Remote gaming duty 156 Profits on pooled prize gaming 157 Profits on ordinary gaming 158 Profits on retained prizes 159 Gaming payments 159A Play using the results of successful freeplay 160 Prizes 160A Prizes: freeplay 161 Exemptions 162 Liability to pay 163 Administration 164 Registration 165 Accounting period 166 Returns 167 Payment 168 Information and records 169 Stake funds and gaming prize funds 170 Security for payment 171 Appointment of UK representative 172 Security and representatives: review and appeal 173 Offence of failing to provide security or appoint representative 174 Fraudulent evasion 175 Penalties under section 9 of FA 1994 176 Interest 177 Suspension and revocation of remote operating licences 178 Offences by bodies corporate 179 Protection of officers 180 Evidence by certificate, etc 181 Facilities capable of being used in United Kingdom: burden of proof 182 Review and appeal 183 Bet 184 Pool betting 185 Fixed odds 186 UK person 187 On-course betting and excluded betting 188 Gaming 189 Other definitions 190 Index 191 Amounts not in sterling 192 Limited liability partnerships 193 Effect of imposition of duties 194 Regulations 195 Notices 196 Consequential amendments and repeals 197 Transitional and saving provisions 198 Commencement and effect 199 Overview of Part 4 200 “Relevant tax” 201 “Tax advantage” and “tax arrangements” 202 “Tax enquiry” and “return” 203 “Tax appeal” 204 Circumstances in which a follower notice may be given 205 “Judicial ruling” and circumstances in which a ruling is “relevant” 206 Content of a follower notice 207 Representations about a follower notice 208 Penalty if corrective action not taken in response to follower notice 208A Additional penalty for unreasonable tax appeal 209 Amount of a section 208 or 208A penalty 210 Reduction of a section 208 penalty for co-operation 211 Assessment of a section 208 penalty 211A Assessment of a section 208A penalty 212 Aggregate penalties 213 Alteration of assessment of a section 208 or 208A penalty 214 Appeal against a section 208 penalty 214A Appeal against a section 208A penalty 215 Follower notices: treatment of partners and partnerships 216 Late appeal against final judicial ruling 217 Transitional provision 218 Defined terms used in Chapter 2 219 Circumstances in which an accelerated payment notice may be given 220 Content of notice given while a tax enquiry is in progress 221 Content of notice given pending an appeal 222 Representations about a notice 223 Effect of notice given while tax enquiry is in progress: accelerated payment 224 Restriction on powers to postpone tax payments pending initial appeal 225 Protection of the revenue pending further appeals 225A Effect of notice: surrender of losses ineffective, etc 226 Penalty for failure to pay accelerated payment 227 Withdrawal, modification or suspension of accelerated payment notice 227A Group relief claims after accelerated payment notices 228 Accelerated partner payments 229 Defined terms used in Chapter 3 230 Special case: stamp duty land tax 231 Special case: annual tax on enveloped dwellings 232 Extension of this Part by order 233 Consequential amendments 234 Meaning of “relevant proposal” and “relevant arrangements” 235 Carrying on a business “as a promoter” 236 Meaning of “intermediary” 236A Power to give stop notices 236B Effect of stop notices 236C Quarterly returns 236D Withdrawal of stop notices 236E Appeal against decision not to withdraw stop notice 236F Suspension of stop notice pending appeal 236G Automatic withdrawal of certain stop notices 236H Publication 236I Publication where stop notice automatically withdrawn 236J Disclosure to clients and intermediaries 236K Notification of interested persons by HMRC 237 Duty to give conduct notice 237A Duty to give conduct notice: defeat of promoted arrangements 237B Duty to give further conduct notice where provisional notice not complied with 237C When a conduct notice given under section 237A(8) is “provisional” 237D Judicial ruling upholding asserted tax advantage: effect on conduct notice which is provisional 238 Contents of a conduct notice 239 Section 238: supplementary 239A Conduct notices: transferees 240 Amendment , withdrawal or reissue of conduct notice 241 Duration of conduct notice 241A Defeat notices 241B Judicial ruling upholding asserted tax advantage: effect on defeat notice 242 Monitoring notices: duty to apply to tribunal 243 Monitoring notices: tribunal approval 244 Monitoring notices: content and issuing 244A Monitoring notices: transferees 245 Withdrawal of monitoring notice 246 Notification of determination under section 245 247 Appeal against refusal to withdraw monitoring notice 248 Publication by HMRC 249 Publication by monitored promoter 250 Allocation of promoter reference number 251 Duty of monitored promoter to notify clients etc of number 252 Duty of those notified to notify others of promoter's number 253 Duty of persons to notify the Commissioners 254 Meaning of “monitored proposal” and “monitored arrangements” 255 Power to obtain information and documents 256 Tribunal approval for certain uses of power under section 255 257 Ongoing duty to provide information following HMRC notice 258 Duty of person dealing with non-resident monitored promoter 259 Monitored promoters: duty to provide information about clients 260 Intermediaries etc: duty to provide information about clients 261 Enquiry following provision of client information 262 Information required for monitoring compliance with conduct notice 263 Duty to notify HMRC of address 264 Failure to provide information: application to tribunal 265 Duty to provide information to monitored promoter 266 Appeals against notices imposing information etc requirements 267 Form and manner of providing information 268 Production of documents: compliance 269 Exception for certain documents or information 270 Limitation on duty to produce documents 271 Legal professional privilege 272 Tax advisers 272A Application of Schedule 36 FA 2008 powers 273 Confidentiality 274 Penalties 275 Failure to comply with Part 7 of the Finance Act 2004 276 Limitation of defence of reasonable care 277 Extended time limit for assessment 277A Offences relating to stop notices 277B Liability for offences under section 277A committed by a body 278 Offence of concealing etc documents 279 Offence of concealing etc documents following informal notification 280 Penalties for offences 281 Partnerships 281A VAT and other indirect taxes 282 Regulations under this Part 283 Interpretation of this Part 284 Disclosure of tax avoidance schemes: information powers 285 The Code of Practice on Taxation for Banks: HMRC to publish reports 286 The Code of Practice on Taxation for Banks: “participating” groups or entities 287 The Code of Practice on Taxation for Banks: operation & breaches of the Code 288 The Code of Practice on Taxation for Banks: documents relating to the Code 289 Undertakings for collective investment in transferable securities and alternative investment funds 290 Companies owned by employee-ownership trusts 291 Trusts with vulnerable beneficiary: meaning of “disabled person” 292 Amounts allowed by way of double taxation relief 293 Controlled foreign companies: qualifying loan relationships (1) 294 Controlled foreign companies: qualifying loan relationships (2) 295 Tax consequences of financial sector regulation 296 Scottish basic, higher and additional rates of income tax 297 Report on administration of the Scottish rate of income tax 298 Co-operative societies etc 299 Removal of limitation period restriction for EU cases 300 Increase in limit for local loans 301 Power to update indexes of defined terms 302 Interpretation 303 Short title SCHEDULE 1 Corporation tax rates SCHEDULE 2 Annual investment allowance: transitional provisions etc SCHEDULE 3 Restrictions on remittance basis SCHEDULE 4 Tax relief for theatrical production SCHEDULE 5 Pension flexibility: further amendments SCHEDULE 6 Transitional provision relating to new standard lifetime allowance for the tax year 2014-15 etc SCHEDULE 7 Pension schemes SCHEDULE 8 Employee share schemes SCHEDULE 9 Employment-related securities etc SCHEDULE 10 Venture capital trusts SCHEDULE 11 Tax relief for social investments SCHEDULE 12 Investments in social enterprises: capital gains SCHEDULE 13 General Block Exemption Regulation SCHEDULE 15 Supplementary charge: onshore allowance SCHEDULE 16 Oil contractors: ring-fence trade etc SCHEDULE 17 Partnerships SCHEDULE 18 Abolition of reduced rates for vehicles satisfying reduced pollution requirements SCHEDULE 19 Other amendments about vehicle excise duty SCHEDULE 20 Climate change levy: exemptions for mineralogical and metallurgical processes etc SCHEDULE 21 Goods shipped or carried as stores on ships or aircraft SCHEDULE 23 SDLT: charities relief SCHEDULE 24 Abolition of stamp duty and SDRT: securities on recognised growth markets SCHEDULE 25 Inheritance tax SCHEDULE 26 The bank levy: miscellaneous changes SCHEDULE 27 Suspension and revocation of remote operating licences SCHEDULE 28 Part 3: consequential amendments and repeals SCHEDULE 29 Part 3: transitional and saving provisions SCHEDULE 30 Section 208 or 208A penalty: value of the denied advantage SCHEDULE 31 Follower notices and partnerships SCHEDULE 32 Accelerated payments and partnerships SCHEDULE 33 Part 4: consequential amendments SCHEDULE 33A Promotion structures SCHEDULE 34 Promoters of tax avoidance schemes: threshold conditions SCHEDULE 34A Promoters of tax avoidance schemes: defeated arrangements SCHEDULE 35 Promoters of tax avoidance schemes: penalties SCHEDULE 36 Promoters of tax avoidance schemes: partnerships SCHEDULE 37 Companies owned by employee-ownership trusts SCHEDULE 38 Scottish basic, higher and additional rates of income tax SCHEDULE 39 Taxation of co-operative societies etc
What to do with it
As published
237D Judicial ruling upholding asserted tax advantage: effect on conduct notice which is provisional
(1) Subsection (2) applies if at any time—
(a) a conduct notice which relies on a Case 3 relevant defeat (see section 237B(5)) is provisional, and
(b) a court or tribunal upholds a corresponding tax advantage which has been asserted in connection with any of the related arrangements to which that relevant defeat relates (see paragraph 5(2) of Schedule 34A).
(2) The conduct notice ceases to have effect when that judicial ruling becomes final.
(3) An authorised officer must give the person to whom the conduct notice was given a written notice stating that the conduct notice has ceased to have effect.
(4) For the purposes of this section, a tax advantage is “asserted” in connection with any arrangements if a person makes a return, claim or election on the basis that the tax advantage arises from those arrangements.
In relation to the arrangements mentioned in paragraph (b) of subsection (1) “corresponding tax advantage” means a tax advantage corresponding to any tax advantage the counteraction of which contributed to the relevant defeat mentioned in that paragraph.
(5) For the purposes of this section a court or tribunal “upholds” a tax advantage if—
(a) the court or tribunal makes a ruling to the effect that no part of the tax advantage is to be counteracted, and
(b) that judicial ruling is final.
(6) For the purposes of this Part a judicial ruling is “final” if it is—
(a) a ruling of the Supreme Court, or
(b) a ruling of any other court or tribunal in circumstances where—
(i) no appeal may be made against the ruling,
(ii) if an appeal may be made against the ruling with permission, the time limit for applications has expired and either no application has been made or permission has been refused,
(iii) if such permission to appeal against the ruling has been granted or is not required, no appeal has been made within the time limit for appeals, or
(iv) if an appeal was made, it was abandoned or otherwise disposed of before it was determined by the court or tribunal to which it was addressed.
(7) In this section references to “counteraction” include anything referred to as a counteraction in any of Conditions A to F in paragraphs 11 to 16 of Schedule 34A.
Your wording
Your change, as a redline
237D Judicial ruling upholding asserted tax advantage: effect on conduct notice which is provisional
(1) Subsection (2) applies if at any time—
(a) a conduct notice which relies on a Case 3 relevant defeat (see section 237B(5)) is provisional, and
(b) a court or tribunal upholds a corresponding tax advantage which has been asserted in connection with any of the related arrangements to which that relevant defeat relates (see paragraph 5(2) of Schedule 34A).
(2) The conduct notice ceases to have effect when that judicial ruling becomes final.
(3) An authorised officer must give the person to whom the conduct notice was given a written notice stating that the conduct notice has ceased to have effect.
(4) For the purposes of this section, a tax advantage is “asserted” in connection with any arrangements if a person makes a return, claim or election on the basis that the tax advantage arises from those arrangements.
In relation to the arrangements mentioned in paragraph (b) of subsection (1) “corresponding tax advantage” means a tax advantage corresponding to any tax advantage the counteraction of which contributed to the relevant defeat mentioned in that paragraph.
(5) For the purposes of this section a court or tribunal “upholds” a tax advantage if—
(a) the court or tribunal makes a ruling to the effect that no part of the tax advantage is to be counteracted, and
(b) that judicial ruling is final.
(6) For the purposes of this Part a judicial ruling is “final” if it is—
(a) a ruling of the Supreme Court, or
(b) a ruling of any other court or tribunal in circumstances where—
(i) no appeal may be made against the ruling,
(ii) if an appeal may be made against the ruling with permission, the time limit for applications has expired and either no application has been made or permission has been refused,
(iii) if such permission to appeal against the ruling has been granted or is not required, no appeal has been made within the time limit for appeals, or
(iv) if an appeal was made, it was abandoned or otherwise disposed of before it was determined by the court or tribunal to which it was addressed.
(7) In this section references to “counteraction” include anything referred to as a counteraction in any of Conditions A to F in paragraphs 11 to 16 of Schedule 34A.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.