Propose a change

Finance Act 2004

Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.

Change 1

What to do with it
As published

SCHEDULE 5 Provision not at arm’s length: related amendments

Section 30 Taxes Management Act 1970 Notice of enquiry 1 (1) Section 9A of the Taxes Management Act 1970 (c. 9) is amended as follows. (2) For subsection (4) (scope of inquiry) substitute— (4) An enquiry extends to— (a) anything contained in the return, or required to be contained in the return, including any claim or election included in the return, (b) consideration of whether to give the taxpayer a transfer pricing notice under paragraph 5C of Schedule 28AA to the principal Act (provision not at arm’s length: medium-sized enterprise), but this is subject to the following limitation. . Income and Corporation Taxes Act 1988 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petroleum extraction activities: ring fence trade: charges on income 3 (1) Section 494 of the Taxes Act 1988 (charges on income) is amended as follows. (2) In subsection (2) (which restricts the loan relationship debits that may be brought into account in a manner resulting in reduction of ring fence profits)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) omit paragraph (d) (which imposes a restriction by reference to a reasonable commercial rate of return and is superseded by the application of paragraphs 1A and 1B of Schedule 28AA to the Taxes Act 1988 by virtue of paragraph 11 of that Schedule); (c) omit the third sentence (which defines “net debit” for the purposes of paragraph (d)). (3) Omit subsection (2B) (which relates to the net debit within the meaning of subsection (2)(d)). Assumptions for calculating chargeable profits etc: transfer pricing 4 In Schedule 24 to the Taxes Act 1988, paragraph 20 shall cease to have effect. Finance Act 1996 Loan relationships: introductory Transactions not at arm’s length Continuity of treatment: groups etc. Amounts imputed under Schedule 28AA to the Taxes Act 1988 Finance Act 1998 Introductory 9 The Finance Act 1998 (c. 36) is amended as follows. Scope of enquiry 10 (1) In Schedule 18 (company tax returns, assessments and related matters) paragraph 25 is amended as follows. (2) In sub-paragraph (1), for the words following paragraph (b) substitute— “ and also extends to consideration of whether to give the company a transfer pricing notice under paragraph 5C of Schedule 28AA to the Taxes Act 1988 (provision not at arm’s length: medium-sized enterprise). But this is subject to the following limitation. ”. Finance Act 2000 Introductory: tonnage tax: transactions not at arm’s length Transactions between tonnage tax company and another person Transactions between tonnage tax trade and other activities of same company Finance Act 2002

Your change, as a redline

SCHEDULE 5 Provision not at arm’s length: related amendments

Section 30 Taxes Management Act 1970 Notice of enquiry 1 (1) Section 9A of the Taxes Management Act 1970 (c. 9) is amended as follows. (2) For subsection (4) (scope of inquiry) substitute— (4) An enquiry extends to— (a) anything contained in the return, or required to be contained in the return, including any claim or election included in the return, (b) consideration of whether to give the taxpayer a transfer pricing notice under paragraph 5C of Schedule 28AA to the principal Act (provision not at arm’s length: medium-sized enterprise), but this is subject to the following limitation. . Income and Corporation Taxes Act 1988 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petroleum extraction activities: ring fence trade: charges on income 3 (1) Section 494 of the Taxes Act 1988 (charges on income) is amended as follows. (2) In subsection (2) (which restricts the loan relationship debits that may be brought into account in a manner resulting in reduction of ring fence profits)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) omit paragraph (d) (which imposes a restriction by reference to a reasonable commercial rate of return and is superseded by the application of paragraphs 1A and 1B of Schedule 28AA to the Taxes Act 1988 by virtue of paragraph 11 of that Schedule); (c) omit the third sentence (which defines “net debit” for the purposes of paragraph (d)). (3) Omit subsection (2B) (which relates to the net debit within the meaning of subsection (2)(d)). Assumptions for calculating chargeable profits etc: transfer pricing 4 In Schedule 24 to the Taxes Act 1988, paragraph 20 shall cease to have effect. Finance Act 1996 Loan relationships: introductory Transactions not at arm’s length Continuity of treatment: groups etc. Amounts imputed under Schedule 28AA to the Taxes Act 1988 Finance Act 1998 Introductory 9 The Finance Act 1998 (c. 36) is amended as follows. Scope of enquiry 10 (1) In Schedule 18 (company tax returns, assessments and related matters) paragraph 25 is amended as follows. (2) In sub-paragraph (1), for the words following paragraph (b) substitute— “ and also extends to consideration of whether to give the company a transfer pricing notice under paragraph 5C of Schedule 28AA to the Taxes Act 1988 (provision not at arm’s length: medium-sized enterprise). But this is subject to the following limitation. ”. Finance Act 2000 Introductory: tonnage tax: transactions not at arm’s length Transactions between tonnage tax company and another person Transactions between tonnage tax trade and other activities of same company Finance Act 2002

One line that says what changes, such as "Halve the dog tax".

Who it helps, what it costs, what it fixes. It is what persuades people to support it.

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.

Sign in to file your proposal. What you have written stays on this page.

Sign in to file it

Think it through

Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.

Questions to start with
Think it through
Legal information from the published text, not advice for your case. Check the sources. Find a law · What the register holds