Law

Finance Act 2004

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-07-14, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 0388513eb746f9df9eaf8cd107ea16542ccf62149c0df33a348f38494c7d5080

Contents: 522 provisions
  1. Title and introductory text
  2. 1 Rates of tobacco products duty
  3. 2 Rate of duty on beer
  4. 3 Rates of duty on wine and made-wine
  5. 4 Duty stamps for spirits etc
  6. 5 Rates
  7. 6 Road fuel gas
  8. 7 Sulphur-free fuel
  9. 8 Definition of “fuel oil”
  10. 9 Mixing of rebated oil
  11. 10 Bioethanol
  12. 11 Biodiesel
  13. 12 Fuel substitutes
  14. 13 Warehousing
  15. 14 Treatment of certain energy products
  16. 15 General betting duty: pool betting
  17. 16 Rates of gaming duty
  18. 17 Amusement machine licence duty: rates
  19. 18 Fee for payment of duty by credit card
  20. 19 Disclosure of VAT avoidance schemes
  21. 20 Groups
  22. 21 Reverse charge on gas and electricity supplied by persons outside UK
  23. 22 Use of stock in trade cars for consideration less than market value
  24. 23 Charge and rates for 2004-05
  25. 24 Personal allowances for those aged 65 or more
  26. 25 Charge and main rate for financial year 2005
  27. 26 Small companies' rate and fraction for financial year 2004
  28. 27 Corporation tax starting rate and fraction for financial year 2004
  29. 28 The non-corporate distribution rate
  30. 29 Special rates of tax applicable to trusts
  31. 33 Provision not at arm’s length: temporary relaxation of liability to penalty
  32. 34 Payments of excessive interest etc
  33. 35 Elimination of double counting etc
  34. 36 Balancing payments and elections to pay tax instead
  35. 37 Commencement and transitional provisions
  36. 38 Expenses of management: companies with investment business
  37. 39 Accounting period to which expenses of management are referable
  38. 40 Expenses of insurance companies
  39. 41 Related amendments to other enactments
  40. 42 Commencement of sections 38 to 41
  41. 43 Companies with investment business: transitional provisions
  42. 44 Insurance companies: transitional provisions
  43. 45 Amounts reversing expenses of management deducted: charge to tax
  44. 46 Power to make consequential amendments
  45. 47 Insurance companies etc.
  46. 48 Loan relationships: miscellaneous amendments
  47. 49 Derivative contracts: miscellaneous amendments
  48. 50 Generally accepted accounting practice
  49. 51 Use of different accounting practices within a group of companies
  50. 52 Amendment of enactments that operate by reference to accounting practice
  51. 53 Treatment of expenditure on research and development
  52. 54 Trading profits etc. from securities: taxation of amounts taken to reserves
  53. 55 Duty of company to give notice of coming within charge to corporation tax
  54. 55A Section 55: exception to duty to give notice
  55. 56 Relief for community amateur sports clubs
  56. 57 Introduction
  57. 58 Sub-contractors
  58. 59 Contractors
  59. 60 Contract payments
  60. 61 Deductions on account of tax from contract payments
  61. 62 Treatment of sums deducted
  62. 62A Payments made in the knowledge of deliberate failures to comply
  63. 62B Returns made in the knowledge of deliberate failures to comply
  64. 62C Regulations
  65. 63 Registration for gross payment or for payment under deduction
  66. 64 Requirements for registration for gross payment
  67. 65 Change in control of company registered for gross payment
  68. 66 Cancellation of registration for gross payment
  69. 67 Registration for gross payment: appeals
  70. 68 Registration for payment under deduction: cancellation and appeals
  71. 69 Verification etc of registration status of sub-contractors
  72. 70 Periodic returns by contractors etc
  73. 70A Security for payments to HMRC
  74. 71 Collection and recovery of sums to be deducted
  75. 72 Penalties: false statements and documentation
  76. 72A Penalties: deliberate failures to comply
  77. 72B Penalties under section 72A: officers’ liability
  78. 72C Appeals in relation to a decision notice under section 72B
  79. 73 Regulations under this Chapter: supplementary
  80. 73A Designated international organisations: exemption from section 59
  81. 74 Meaning of “construction operations”
  82. 75 Meaning of “the Inland Revenue” etc and delegation of Board’s functions
  83. 76 Consequential amendments
  84. 77 Commencement and transitional provision
  85. 78 Childcare and childcare vouchers
  86. 79 Exemption for loaned computer equipment
  87. 80 Vans
  88. 81 Emergency vehicles
  89. 82 European travel expenses of MPs and other representatives
  90. 83 Giving through the self-assessment return
  91. 84 Charge to income tax by reference to enjoyment of property previously owned
  92. 85 Relief where national insurance contributions met by employee
  93. 86 Shares in employee-controlled companies and unconnected companies
  94. 87 Restricted securities with artificially depressed value
  95. 88 Shares under approved plans and schemes
  96. 89 Shares acquired on public offer
  97. 90 Associated persons etc.
  98. 91 Income of spouses: jointly held property
  99. 92 Minor amendments of or connected with ITEPA 2003
  100. 93 Enterprise investment scheme
  101. 94 Venture capital trusts
  102. 95 Corporate venturing scheme
  103. 96 Enterprise management incentives: subsidiaries
  104. 97 Introductory
  105. 98 Exemption from income tax for certain interest and royalty payments
  106. 99 Permanent establishments and “25% associates”
  107. 100 Interest payments: exemption notices
  108. 101 Payment of royalties without deduction at source
  109. 102 Claim for tax deducted at source from exempt interest or royalty payments
  110. 103 Special relationships
  111. 104 Anti-avoidance
  112. 105 Consequential amendments
  113. 106 Transitional provision
  114. 112 Computation of income etc subject to foreign tax and special withholding tax
  115. 113 Issue of certificate
  116. 114 Refusal to issue certificate and appeal against refusal
  117. 115 Supplementary
  118. 116 Restriction of gifts relief etc
  119. 117 Private residence relief
  120. 118 Authorised unit trusts: treatment of umbrella schemes
  121. 124 Restriction of relief: non-active partners
  122. 125 Partnerships exploiting films
  123. 134 Finance leasebacks
  124. 135 Rent factoring of leases of plant or machinery
  125. 136 Manufactured dividends
  126. 137 Manufactured payments under arrangements having an unallowable purpose
  127. 138 Gilt strips
  128. 139 Gifts of shares, securities and real property to charities etc
  129. 140 Life policies etc.: restriction of corresponding deficiency relief
  130. 141 Relief for research and development: software and consumable items
  131. 142 Temporary increase in amount of first-year allowances for small enterprises
  132. 143 Deduction for expenditure by landlords on energy-saving items
  133. 144 Lloyd’s names: conversion to limited liability underwriting
  134. 145 Offshore funds
  135. 146 Meaning of “offshore installation”
  136. 147 Immediate needs annuities
  137. 148 Corporation tax: health service bodies
  138. 149 Overview of Part 4
  139. 150 Meaning of “pension scheme”
  140. 151 Meaning of “member”
  141. 152 Meaning of “arrangement”
  142. 153 Registration of pension schemes
  143. 153A Power to require information or documents in relation to applications for registration
  144. 153B Power to inspect documents in relation to applications for registration
  145. 153C Penalties for failure to comply with information notices etc
  146. 153D Penalties for inaccurate information in applications
  147. 153E Penalties for inaccurate information or documents provided under information notice
  148. 153F Penalties for false declarations
  149. 154 Persons by whom registered pension scheme may be established
  150. 155 Persons by whom scheme may be established: supplementary
  151. 156 Appeal against decision not to register
  152. 156A Cases where application for registration not decided within 6 months
  153. 157 De-registration
  154. 158 Grounds for de-registration
  155. 159 Appeal against decision to de-register
  156. 159A Power to require information or documents for purpose of considering if scheme administrator is fit and proper
  157. 159B Power to inspect documents for purpose of considering if scheme administrator is fit and proper
  158. 159C Penalties for failure to comply with information notices etc
  159. 159D Penalties for inaccurate information or documents provided under information notice
  160. 160 Payments by registered pension schemes
  161. 161 Meaning of “payment” etc
  162. 162 Meaning of “loan”
  163. 163 Meaning of “borrowing” etc
  164. 164 Authorised member payments
  165. 165 Pension rules
  166. 166 Lump sum rule
  167. 167 Pension death benefit rules
  168. 168 Lump sum death benefit rule
  169. 169 Recognised transfers
  170. 170 Appeal against decision to exclude recognised overseas pension scheme
  171. 171 Scheme administration member payments
  172. 172 Assignment
  173. 172A Surrender
  174. 172B Increase in rights of connected person on death
  175. 172BA Increase in rights on death arising from alternatively secured pension fund etc
  176. 172C Allocation of unallocated employer contributions
  177. 172D Limit on increase in benefits
  178. 173 Benefits
  179. 174 Value shifting
  180. 174A Taxable property held by investment-regulated pension schemes
  181. 175 Authorised employer payments
  182. 176 Public service scheme payment
  183. 177 Authorised surplus payment
  184. 178 Compensation payments
  185. 179 Authorised employer loan
  186. 180 Scheme administration employer payments
  187. 181 Value shifting
  188. 181A Minimum level of payment
  189. 182 Unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  190. 183 Effect of unauthorised borrowing: money purchase arrangements other than collective money purchase arrangements
  191. 184 Unauthorised borrowing: other arrangements
  192. 185 Effect of unauthorised borrowing: other arrangements
  193. 185A Income from taxable property
  194. 185B Annual profits and deemed profits
  195. 185C Deemed market value
  196. 185D Apportionment to pension scheme
  197. 185E Credit for tax paid
  198. 185F Gains from taxable property
  199. 185G Disposal by person holding directly
  200. 185H Disposal of interest in vehicle
  201. 185I Credit for tax paid
  202. 185J Effect of repayment of certain pre-6 April 2015 lump sums
  203. 186 Income
  204. 187 Chargeable gains
  205. 188 Relief for contributions
  206. 189 Relevant UK individual
  207. 190 Annual limit for relief
  208. 191 Methods of giving relief
  209. 192 Relief at source
  210. 192A Relief at source: additional relief
  211. 192B Relief at source: excessive relief given
  212. 193 Relief under net pay arrangements
  213. 193A Net pay arrangements: disparity with relief at source
  214. 194 Relief on making of claim
  215. 195 Transfer of certain shares to be treated as payment of contribution
  216. 195A Life assurance premium contributions
  217. 196 Relief for employers in respect of contributions paid
  218. 196A Power to restrict relief
  219. 196B Employer asset-backed contributions: denial of relief (1)
  220. 196C Employer asset-backed contributions: “acceptable structured finance arrangement” (1)
  221. 196D Employer asset-backed contributions: denial of relief (2)
  222. 196E Employer asset-backed contributions: “acceptable structured finance arrangement” (2)
  223. 196F Employer asset-backed contributions: denial of relief (3)
  224. 196G Employer asset-backed contributions: “acceptable structured finance arrangement” (3)
  225. 196H Employer asset-backed contributions: “relevant change in relation to the partnership” and “person involved in the relevant change”
  226. 196I Employer asset-backed contributions: change in lender's original position under acceptable structured finance arrangement etc
  227. 196J Employer asset-backed contributions: further events which cause section 196I to apply
  228. 196K Employer asset-backed contributions: “advances” under acceptable structured finance arrangements
  229. 196L Employer asset-backed contributions: supplementary
  230. 197 Spreading of relief
  231. 198 Spreading of relief: cessation of business
  232. 199 Deemed contributions
  233. 199A Indirect contributions
  234. 200 No other relief for employers in connection with contributions
  235. 201 Relief for employees
  236. 202 Minimum contributions under pensions legislation
  237. 203 Inheritance tax exemptions
  238. 204 Authorised pensions and lump sums
  239. 205 Short service refund lump sum charge
  240. 205A Serious ill-health lump sum charge
  241. 206 Special lump sum death benefits charge
  242. 206A Partial repayment of section 206 charge where IHT paid by recipient of benefit
  243. 206B Supplementary charge on refund of overpaid IHT
  244. 207 Authorised surplus payments charge
  245. 208 Unauthorised payments charge
  246. 209 Unauthorised payments surcharge
  247. 210 Surchargeable unauthorised member payments
  248. 211 Valuation of crystallised rights for purposes of section 210
  249. 212 Valuation of uncrystallised rights for purposes of section 210
  250. 213 Surchargeable unauthorised employer payments
  251. 213A High income excess relief charge
  252. 213B High income
  253. 213C Gross income
  254. 213D Relevant income
  255. 213E The appropriate rate
  256. 213F Total pension savings amount
  257. 213G Money purchase arrangements other than cash balance arrangements
  258. 213H Cash balance arrangements
  259. 213I Adjustment of closing rights
  260. 213J Defined benefits arrangements
  261. 213K Adjustment of closing pension and lump sum
  262. 213L Age-related factors
  263. 213M Uprating of opening rights, pension and lump sum
  264. 213N Hybrid arrangements
  265. 213O Anti-avoidance
  266. 213P Power to make regulations about charge
  267. 214 Lifetime allowance charge
  268. 215 Amount of charge
  269. 216 Benefit crystallisation events and amounts crystallised
  270. 217 Persons liable to charge
  271. 218 Individual’s lifetime allowance and standard lifetime allowance
  272. 219 Availability of individual’s lifetime allowance
  273. 220 Pension credits from previously crystallised rights
  274. 221 Non-residence: general
  275. 222 Non-residence: money purchase arrangements
  276. 223 Non-residence: other arrangements
  277. 224 Transfers from recognised overseas pension scheme: general
  278. 225 Overseas scheme transfers: money purchase arrangements
  279. 226 Overseas scheme transfers: other arrangements
  280. 227 Annual allowance charge
  281. 227ZA The chargeable amount
  282. 227A Individuals who meet flexible drawdown conditions
  283. 227B The alternative chargeable amount
  284. 227C Meaning of “money-purchase input sub-total”
  285. 227D Pension input amounts in respect of certain hybrid arrangements
  286. 227E Pension input periods ending before rights are first flexibly accessed
  287. 227F Pension input periods in which rights are first flexibly accessed
  288. 227G When pension rights are first flexibly accessed
  289. 228 Annual allowance
  290. 228ZA Tapered reduction of annual allowance: high-income individual
  291. 228ZB Anti-avoidance in connection with section 228ZA
  292. 228A Carry forward of unused annual allowance
  293. 228B Carry forward: certain periods treated as pension input periods
  294. 228C Annual allowance for, and carry-forward from, 2015-16
  295. 229 Total pension input amount
  296. 230 Cash balance arrangements
  297. 231 Cash balance arrangements: uprating of opening value
  298. 232 Cash balance arrangements: adjustments of closing value
  299. 233 Other money purchase arrangements
  300. 234 Defined benefits arrangements
  301. 235 Defined benefits arrangements: uprating of opening value
  302. 236 Defined benefits arrangements: adjustments of closing value
  303. 236ZA Defined benefits arrangements: public service pension schemes
  304. 236A Post-entitlement enhancements
  305. 237 Hybrid arrangements
  306. 237ZA Pension input amounts for input periods ending in 2015-16
  307. 237A Liability of individual
  308. 237B Liability of scheme administrator
  309. 237BA Time limit for notices under section 237B
  310. 237C Exceptions
  311. 237D Discharge of scheme administrator's liability
  312. 237E Consequential benefit adjustments to be reasonable etc
  313. 237F Power to modify rules
  314. 238 Pension input period : arrangement commencing before 9 July 2015
  315. 238ZA Pension input periods from 9 July 2015 for existing arrangement
  316. 238ZB Pension input periods for arrangement commencing after 8 July 2015
  317. 238A Power to make orders about charge
  318. 239 Scheme sanction charge
  319. 240 Amount of charge
  320. 241 Scheme chargeable payment
  321. 242 De-registration charge
  322. 242A Meaning of “non-UK registered scheme”
  323. 242B Meaning of “UK-relieved funds”
  324. 242C Application of this Part to non-UK registered schemes
  325. 242D Non-UK registered schemes: annual allowance charge
  326. 242E Investment-regulated non-UK registered schemes
  327. 243 Overseas pension schemes: migrant member relief
  328. 244 Non-UK schemes: application of certain charges
  329. 244A Overseas transfer charge
  330. 244AA Overseas transfer charge: introduction
  331. 244AB Overseas transfer charge: interpretation
  332. 244AC Overseas transfer charge: transfers where no exclusion applies
  333. 244B Exclusion: member and receiving scheme in same country
  334. 244C Exclusion: receiving scheme in EEA state or Gibraltar, and member resident in UK or EEA state
  335. 244D Exclusion: receiving scheme is an occupational pension scheme
  336. 244E Exclusion: receiving scheme set up by international organisation
  337. 244F Exclusion: receiving scheme is an overseas public service scheme
  338. 244G Exclusions: avoidance of double charge, and transitional protections
  339. 244H Power to provide for further exclusions
  340. 244I Circumstances in which exclusions do not apply
  341. 244IA Overseas transfer charge: transfers exceeding available allowance
  342. 244IB Member’s overseas transfer allowance
  343. 244IC Availability of member’s overseas transfer allowance
  344. 244ID Information to be provided by relieved relevant non-UK scheme on block transfer
  345. 244J Persons liable to charge
  346. 244JA Amount of charge
  347. 244K Meaning of “transferred value”
  348. 244L Accounting for overseas transfer charge by scheme managers
  349. 244M Repayments of charge on subsequent excluding events
  350. 244N Discharge of liability of scheme administrator or manager
  351. 245 Restriction of deduction for contributions by employer
  352. 246 Restriction of deduction for non-contributory provision
  353. 246A Case where no relief for provision by an employer
  354. 247 Abolition of income tax charge in respect of employer payments
  355. 248 Employer’s cost of insuring against non-payment of benefit
  356. 249 Taxation of non-pension benefits
  357. 250 Registered pension scheme return
  358. 251 Information: general requirements
  359. 252 Notices requiring documents or particulars
  360. 253 Appeal against notices
  361. 254 Accounting for tax by scheme administrators
  362. 255 Assessments under this Part
  363. 255A Electronic payment
  364. 255B Payments to be cleared payments
  365. 256 Enhanced ... allowance regulations
  366. 257 Registered pension scheme return
  367. 258 Information required by regulations
  368. 259 Documents and particulars required by notice
  369. 260 Accounting return
  370. 261 Enhanced ... allowance regulations: documents and information
  371. 262 Enhanced ... allowance regulations: failures to comply
  372. 263 ... Enhanced protection: benefit accrual
  373. 264 False statements etc
  374. 265 Winding-up to facilitate payment of lump sums
  375. 266 Transfers to insured schemes
  376. 266A Member's liability
  377. 266B Scheme's liability
  378. 267 Lifetime allowance charge
  379. 268 Unauthorised payments surcharge and scheme sanction charge
  380. 269 Appeal against decision on discharge of liability
  381. 270 Meaning of “scheme administrator”
  382. 271 Liability of scheme administrator
  383. 272 Trustees etc. liable as scheme administrator
  384. 272A Liabilities of independent trustee
  385. 272B Liabilities of scheme administrator appointed by independent trustee etc
  386. 272C Former scheme administrator etc to retain liability
  387. 273 Members liable as scheme administrator
  388. 273ZA Income and gains from taxable property
  389. 273A Insurance company liable as scheme administrator
  390. 273B Power of trustees or managers to make certain payments
  391. 274 Supplementary
  392. 274ZZA Master Trust schemes
  393. 274ZZB Collective money purchase schemes
  394. 274ZZC Power to make provision about collective money purchase schemes
  395. 274ZA Schemes treated as occupational pension schemes
  396. 274ZB Treatment of pension benefits reclaimed from reclaim fund etc
  397. 274A Power to split schemes
  398. 275 Insurance company
  399. 276 Relevant valuation factor
  400. 277 Valuation assumptions
  401. 278 Market value
  402. 278A Disqualifying pension credits
  403. 278B Annuities and scheme pensions: meaning of “related to”
  404. 279 Other definitions
  405. 280 Abbreviations and general index
  406. 281 Minor and consequential amendments
  407. 282 Orders and regulations
  408. 283 Transitionals and savings
  409. 284 Commencement
  410. 285 Certain receipts not to be tariff receipts
  411. 286 Petroleum extraction activities: exploration expenditure supplement
  412. 287 Restrictions on expenditure allowable
  413. 288 Terminal losses
  414. 289 Supplies to producers of commodities
  415. 290 Transitional tax credit in Northern Ireland: changes to existing scheme
  416. 291 Transitional tax credit in Northern Ireland: new scheme
  417. 292 Lorry road-user charge
  418. 293 Delivery of accounts etc
  419. 294 Grant of probate
  420. 295 Amendments to penalty regime
  421. 296 Miscellaneous amendments
  422. 297 Leases
  423. 298 Notification, registration and penalties
  424. 299 Claims not included in returns
  425. 300 Assents and appropriations by personal representatives
  426. 301 Chargeable consideration
  427. 302 Charities relief
  428. 303 Shared ownership leases
  429. 304 Application to certain partnership transactions
  430. 305 Liability of partners
  431. 305A Introduction
  432. 306 Meaning of “notifiable arrangements” and “notifiable proposal”
  433. 306A Doubt as to notifiability
  434. 307 Meaning of “promoter”
  435. 308 Duties of promoter
  436. 308A Supplemental information
  437. 309 Duty of person dealing with promoter outside United Kingdom
  438. 310 Duty of parties to notifiable arrangements not involving promoter
  439. 310A Duty to provide further information requested by HMRC
  440. 310B Failure to provide information under section 310A: application to the Tribunal
  441. 310C Duty of promoters to provide updated information
  442. 310D Notice of potential allocation of reference number: arrangements and proposals suspected of being notifiable
  443. 311 Allocation of reference number to arrangements
  444. 311A Duty of HMRC to notify persons of reference number
  445. 311B Right of appeal: section 311(3) case
  446. 311C Duty to provide further information requested by HMRC: section 311(3) case
  447. 312 Duty of promoter to notify client of number : section 311(2) case
  448. 312ZA Duty to notify client of reference number: section 311(3) case
  449. 312A Duty of client to notify parties of number
  450. 312B Duty of client to provide information ...
  451. 313 Duty of parties to notify HMRC of reference number etc
  452. 313ZA Duty to provide details of clients
  453. 313ZB Enquiry following disclosure of client details
  454. 313ZC Duty of employer to notify HMRC of details of employees etc
  455. 313A Pre-disclosure enquiry
  456. 313B Reasons for non-disclosure: supporting information
  457. 313C Provision of information to HMRC by introducers
  458. 314 Legal professional privilege
  459. 314A Order to disclose
  460. 315 Penalties
  461. 315A Further penalties
  462. 315B Determination of penalties
  463. 315C Failure to comply with time limit
  464. 315D Other exemptions from liability to a penalty
  465. 315E Regulations to vary amounts
  466. 316 Information to be provided in form and manner specified by HMRC
  467. 316A Duty to provide additional information
  468. 316B Confidentiality
  469. 316C Publication by HMRC
  470. 316D Section 316C: subsequent judicial rulings
  471. 317 Regulations under Part 7
  472. 317A Special Commissioners: procedure
  473. 318 Interpretation of Part 7
  474. 319 Part 7: commencement and savings
  475. 320 Exclusion of extended limitation period in England, Wales and Northern Ireland
  476. 321 Exclusion of extended prescriptive period in Scotland
  477. 322 Mutual assistance: customs union with the Principality of Andorra
  478. 323 Ending of shipbuilders' relief
  479. 324 Government borrowing: preparations for possible adoption of Euro
  480. 325 Premium bonds
  481. 326 Repeals
  482. 327 Interpretation
  483. 328 Short title
  484. SCHEDULE 1 New Schedule 2A to the Alcoholic Liquor Duties Act 1979
  485. SCHEDULE 2 Disclosure of value added tax avoidance schemes
  486. SCHEDULE 4 Amendments relating to the rate applicable to trusts
  487. SCHEDULE 5 Provision not at arm’s length: related amendments
  488. SCHEDULE 7 Insurance companies etc
  489. SCHEDULE 10 Amendment of enactments that operate by reference to accounting practice
  490. SCHEDULE 11 Conditions for registration for gross payment
  491. SCHEDULE 12 Construction industry scheme: consequential amendments
  492. SCHEDULE 13 Childcare and childcare vouchers
  493. SCHEDULE 14 Vans
  494. SCHEDULE 15 Charge to income tax on benefits received by former owner of property
  495. SCHEDULE 16 Relief where national insurance contributions met by employee
  496. SCHEDULE 17 Minor amendments of or connected with the Income Tax (Earnings and Pensions) Act 2003
  497. SCHEDULE 18 Enterprise investment scheme
  498. SCHEDULE 19 Venture capital trusts
  499. SCHEDULE 20 Corporate venturing scheme
  500. SCHEDULE 21 Chargeable gains: restriction of gifts relief etc
  501. SCHEDULE 22 Chargeable gains: private residence relief
  502. SCHEDULE 23 Finance leasebacks: transitional provision
  503. SCHEDULE 24 Manufactured dividends
  504. SCHEDULE 25 Lloyd’s names: conversion to limited liability underwriting
  505. SCHEDULE 26 Offshore funds
  506. SCHEDULE 27 Meaning of “offshore installation”
  507. SCHEDULE 28 Registered pension schemes: authorised pensions—supplementary
  508. SCHEDULE 29 Registered pension schemes: authorised lump sums—supplementary
  509. SCHEDULE 29A Taxable property held by investment-regulated pension schemes
  510. SCHEDULE 30 Registered pension schemes: employer loans
  511. SCHEDULE 31 Taxation of benefits under registered pension schemes
  512. SCHEDULE 32 Registered pension schemes: benefit crystallisation events ...
  513. SCHEDULE 33 Overseas pension schemes: migrant member relief
  514. SCHEDULE 34 Non-UK schemes: application of certain charges and protections etc
  515. SCHEDULE 35 Pension schemes etc: minor and consequential amendments
  516. SCHEDULE 36 Pension schemes etc: transitional provisions and savings
  517. SCHEDULE 37 Oil taxation: tax-exempt tariffing receipts and assets producing them
  518. SCHEDULE 38 Schedule to be inserted as Schedule 19B to the Taxes Act 1988
  519. SCHEDULE 39 Stamp duty land tax and stamp duty
  520. SCHEDULE 40 Stamp duty land tax: claims not included in returns
  521. SCHEDULE 41 Stamp duty land tax: application to certain partnership transactions
  522. SCHEDULE 42 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

522 provisions

278 Market value

(1) For the purposes of this Part the market value of an asset held for the purposes of a pension scheme is to be determined in accordance with section 272 of TCGA 1992. (2) Where an asset held for the purposes of a pension scheme is a right or interest in respect of any money lent (directly or indirectly) to any relevant associated person, the value of the asset is to be treated as being the amount owing (including any unpaid interest) on the money lent. (3) The following are “relevant associated persons”— (a) any employer who has at any time (whether or not before the making of the loan) made contributions under the pension scheme, (b) any company connected (at the time of the making of the loan or subsequently) with any such employer, (c) any person who has at any time (whether or not before the making of the loan) been a member of the pension scheme, and (d) any person connected (at the time of the making of the loan or subsequently) with any such person. (3A) For the purposes of this Part the market value of taxable property, or of an interest in taxable property, is to be determined in accordance with section 272 of TCGA 1992. (3B) Subsection (3A) is subject to any provision made by regulations under paragraph 36(2) of Schedule 29A. (4) For the purposes of this section whether a person is connected with another person is determined in accordance with section 993 of ITA 2007.

Propose a change

278A Disqualifying pension credits

(1) For the purposes of this Part, a pension credit is “disqualifying” if, when the member becomes entitled to it, the person subject to the corresponding pension debit has an actual (rather than a prospective) right to payment of a pension under the relevant arrangement. (2) The “relevant arrangement” is the arrangement to which the pension sharing order, or provision by virtue of which the member becomes entitled to the pension credit, relates.

Propose a change

278B Annuities and scheme pensions: meaning of “related to”

(1) For the purposes of this Part, a dependants' annuity is “related to” a lifetime annuity payable to a member of a registered pension scheme if— (a) they are purchased either in the form of a joint life annuity or separately in circumstances in which the day on which the one is purchased is no earlier than seven days before, and no later than seven days after, the day on which the other is purchased, and (b) the dependants’ annuity will be payable to a dependant of the member. (2) For the purposes of this Part, a nominees’ annuity is “related to” a lifetime annuity payable to a member of a registered pension scheme if— (a) they are purchased either in the form of a joint life annuity or separately in circumstances in which the day on which the one is purchased is no earlier than seven days before, and no later than seven days after, the day on which the other is purchased, and (b) the nominees’ annuity will be payable to a nominee of the member. (3) For the purposes of this Part, a dependants’ scheme pension is “related to” a scheme pension payable to a member of a registered pension scheme if— (a) the day on which one is purchased or sums or assets are applied for its provision is no earlier than seven days before, and no later than seven days after, the day on which the other is purchased or sums or assets are applied for its provision, and (b) the dependants’ scheme pension will be payable to a dependant of the member.

Propose a change

279 Other definitions

(1) In this Part— “abatement”, in relation to a scheme pension to which a person has become entitled under a public service pension scheme, means the reduction of the pension (including its reduction to nil) in accordance with the rules of the pension scheme by reason of the person's employment in public service, “the Board of Inland Revenue” means the Commissioners of Inland Revenue, “consumer prices index” means— the general index for consumer prices published by the Statistics Board, or if that index is not published for a relevant month, any substituted index or index figures published by the Statistics Board, ... “employee” and “employer” have the same meaning as in the employment income Parts of ITEPA 2003 (see sections 4 and 5 of that Act) but include (respectively) a former employee and a former employer (and “employment” is to be read accordingly), “the Inland Revenue” means any officer of the Board of Inland Revenue, “normal minimum pension age” means— in relation to, and to a member of, a pension scheme that is not a uniformed services pension scheme— before 6 April 2010, 50, on and after that date but before 6 April 2028, 55, and on and after 6 April 2028, 57, and in relation to, and to a member of, a uniformed services pension scheme— before 6 April 2010, 50, and on and after that date, 55, “pension credit” and “pension debit” have the same meaning as in Chapter 1 of Part 4 of WRPA (see section 46(1) of that Act) or Chapter 1 of Part 5 of WRP(NI)O 1999 (see Article 43(1) of that Order), and “pension sharing order or provision” means any order or provision mentioned in section 28(1) of WRPA 1999 or Article 25(1) of WRP(NI)O 1999, “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 or paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995, “Scottish basic rate limit” means a rate limit set by the Scottish Parliament under section 80C(2A) of the Scotland Act 1998 for the purposes of determining the extent to which a Scottish taxpayer’s income is charged at the Scottish basic rate where a Scottish rate resolution under that Act has set more than one rate for the tax year. ... (1A) In this Part, so far as it forms part of the Corporation Tax Acts, expressions which are defined for the purposes of the Income Tax Acts are to be given the same meaning as they have in the Income Tax Acts. (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1E) Section 1169 of the Companies Act 2006 (dormant companies) applies for the purposes of this Part. (1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1G) For the purposes of this Part “CMP periodic income” means income payable by virtue of section 36(7)(b) or 87(7)(b) of the Pension Schemes Act 2021 (periodic income paid under collective money purchase arrangement while pursuing continuity option 1). (2) In this Part references to payments made, or benefits provided, by a pension scheme are to payments made or benefits provided from sums or assets held for the purposes of the pension scheme. (3) For the purposes of this Part the sums and assets held for the purposes of an arrangement under a pension scheme are so much of the sums and assets held for the purposes of the pension scheme under which the arrangement is made as are properly attributable, in accordance with the provisions of the pension scheme and any just and reasonable apportionment, to the arrangement. (4) In this section “uniformed services pension scheme” means a pension scheme that— (a) is established by or under an enactment or Royal Warrant for the benefit of persons described in subsection (5) (whether or not other persons may be members of such a scheme), or (b) is established solely for the receipt of additional voluntary contributions from members of a scheme falling within paragraph (a), subject to any regulations made under subsection (6). (5) Those persons are persons who are or were— (a) members of the naval, military or air forces of the Crown (including members of any reserve force); (b) members of a police force other than the Civil Nuclear Constabulary; (c) firefighters. (6) The Treasury may by regulations — (a) amend subsection (5) by adding to, varying or omitting descriptions of persons; (b) provide for a pension scheme not falling within subsection (4)(a) or (b) that is specified, or is of a specified description, to be treated as a uniformed services pension scheme; (c) provide for a pension scheme falling within subsection (4)(a) or (b) that is specified, or is of a specified description, to be treated as not being a uniformed services pension scheme. “Specified” means specified in the regulations. (7) Regulations under subsection (6) may make transitional provision and savings.

Propose a change

280 Abbreviations and general index

(1) In this Part— “NIA 1965” means the National Insurance Act 1965 (c. 51), “NIA(NI) 1966” means the National Insurance Act (Northern Ireland) 1966 (c. 6 (N.I.)), “TMA 1970” means the Taxes Management Act 1970 (c. 9), “ICTA 1970” means the Income and Corporation Taxes Act 1970 (c. 10), “ICTA” means the Income and Corporation Taxes Act 1988 (c. 1), “SSCBA 1992” means the Social Security Contributions and Benefits Act 1992 (c. 4), “SSCB(NI)A 1992” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), “TCGA 1992” means the Taxation of Chargeable Gains Act 1992 (c. 12), “WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30), “WRP(NI)O 1999” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/ 3147 (N.I. 11)), “FISMA 2000” means the Financial Services and Markets Act 2000 (c. 8), ... “ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003 (c. 1), ... “ITTOIA 2005” means the Income Tax (Trading and Other Income Act) 2005 ... “ITA 2007” means the Income Tax Act 2007, “FA 2008” means the Finance Act 2008, ... “CTA 2009” means the Corporation Tax Act 2009 and “CTA 2010” means the Corporation Tax Act 2010 “FA 2012” means the Finance Act 2012 (2) In this Part the following expressions are defined or otherwise explained by the provisions indicated— abatement | section 279(1) accounting period | section 834(1) of ICTA acquiring an interest in property (for the purposes of the taxable property provisions) | paragraphs 12 and 27 to 29 of Schedule 29A active member (of a pension scheme) | section 151(2) . . . | . . . additional rate | section 6(2) of ITA 2007 (as applied by section 989 of that Act) . . . | . . . annual allowance | section 228 annual allowance charge | section 227(1) annuity protection lump sum death benefit | paragraph 16 of Schedule 29 arrangement | section 152(1) authorised surplus payment | section 177 . . . | . . . basic rate | section 6(2) of ITA 2007 (as applied by section 989 of that Act) basic rate limit | section 10 of ITA 2007 (as applied by section 989 of that Act) benefits (provided by pension scheme) | section 279(2) . . . | . . . the Board of Inland Revenue | section 279(1) borrowing (in Chapter 3) | section 163 building (for the purposes of the taxable property provisions) | paragraph 7(2) of Schedule 29A cash balance arrangement | section 152(3) cash balance benefits | section 152(5) chargeable gain | section 989 of ITA 2007 charity | section 989 of ITA 2007 . . . | . . . CMP periodic income | section 279(1G) collective money purchase arrangement | section 152(3A) collective money purchase benefits | section 152(5A) collective money purchase scheme | section 274ZZB company | section 992 of ITA 2007 compensation payment | section 178 consumer prices index | section 279(1) contribution | sections188(4) to (6) and 195 defined benefits | section 152(7) defined benefits arrangement | section 152(6) defined benefits lump sum death benefit | paragraph 13 of Schedule 29 . . . | . . . dependant (of a member of a registered pension scheme) | paragraph 15 of Schedule 28 dependants' annuity | paragraph 17 of Schedule 28 dependant's flexi-access drawdown fund | paragraph 22A of Schedule 28 dependants' scheme pension | paragraph 16 of Schedule 28 dependants' short-term annuity | paragraph 20 of Schedule 28 . . . | . . . dependant's drawdown pension fund | paragraph 22 of Schedule 28 disqualifying pension credit | section 278A dormant (in relation to a body corporate) | section 279(1E) drawdown pension fund lump sum death benefit | paragraph 17 of Schedule 29 employee and employer (and employment) | section 279(1) employment income | section 7(2) of ITEPA 2003 enhanced lifetime allowance regulations | section 256(2) entitled (in relation to a lump sum) | section 166(2) entitled (in relation to a pension) | section 165(3) flexi-access drawdown fund lump sum death benefit | paragraph 17A of Schedule 29 higher rate | section 6(2) of ITA 2007 (as applied by section 989 of that Act) higher rate limit | section 10 of ITA 2007 holding an interest in a person (for the purposes of the taxable property provisions) | paragraph 16(2) to (4) of Schedule 29A holding an interest in property (for the purposes of the taxable property provisions) | paragraph 13 of Schedule 29A holding directly an interest in a vehicle (for the purposes of the taxable property provisions) | paragraph 20(3) of Schedule 29A holding directly an interest in property (for the purposes of the taxable property provisions) | paragraphs 14 and 15 of Schedule 29A holding indirectly an interest in a vehicle (for the purposes of the taxable property provisions) | paragraph 20(4) of Schedule 29A holding indirectly an interest in property (for the purposes of the taxable property provisions) | paragraph 16(1) of Schedule 29A hybrid arrangement | section 152(8) ill-health condition | paragraph 1 of Schedule 28 the individual (in sections 215 to 219) | section 214(5) the Inland Revenue | section 279(1) insurance company | section 275 investment-regulated pension scheme (for the purposes of the taxable property provisions) | paragraphs 1 to 3 of Schedule 29A investments (in relation to a pension scheme) | section186(3) and (4) liability (in Chapter 3) | section 163 . . . | . . . . . . | . . . . . . | . . . . . . | . . . lifetime annuity | paragraph 3 of Schedule 28 loan (in Chapter 3) | section 162 lump sum death benefit | section 168(2) market value | section 278 Master Trust scheme | section 274ZZA member (of a pension scheme) | section 151(1) . . . | . . . member's drawdown pension fund | paragraph 8 of Schedule 28 member's flexi-access drawdown fund | paragraph 8A of Schedule 28 member’s unsecured pension fund | paragraph 8 of Schedule 28 money purchase arrangement | section 152(2) money purchase benefits | section 152(4) net income | section 23 of ITA 2007 (as applied by section 989 of that Act), net pay pension scheme | section 191(9) nominee (of a member of a registered pension scheme) | paragraph 27A of Schedule 28 nominees' annuity | paragraph 27AA of Schedule 28 nominees' drawdown pension | paragraph 27B of Schedule 28 nominee's flexi-access drawdown fund | paragraph 27E of Schedule 28 nominees' income withdrawal | paragraph 27D of Schedule 28 nominees' short-term annuity | paragraph 27C of Schedule 28 normal minimum pension age | section 279(1) occupational pension scheme | section 150(5) . . . | . . . overseas pension scheme | section 150(7) payment (in Chapter 3) | section 161 payments (made by pension scheme) | section 279(2) pension | section 165(2) pensionable age | section 279(1) pension commencement excess lump sum | paragraph 3C of Schedule 29 pension commencement lump sum | paragraph 1of Schedule 29 pension credit and pension debit | section 279(1) pension death benefit | section 167(2) pension input amount | section 229 pension input period | sections 238 to 238ZB pension protection lump sum death benefit | paragraph 14 of Schedule 29 pension scheme | section 150(1) the pension scheme (in sections 215 to 219) | section 214(5) pension sharing order or provision | section 279(1) pensioner member (of a pension scheme) | section 151(3) period of account | section 989 of ITA 2007 personal representatives | section 989 of ITA 2007 property investment LLP | section 1004 of ITA 2007 public service pension scheme | section 150(3) qualifying recognised overseas pension scheme | section 169(2) recognised overseas pension scheme | section 150(8) . . . | . . . registered pension scheme | section 150(2) related dependants' annuity | section 278B(1) related nominees' annuity | section 278B(2) related dependants' scheme pension | “section 278B(3) . . . | . . . relevant UK earnings | section 189(2) relevant UK individual | section 189 relevant valuation factor | section 276 relievable pension contributions | section 188(2) and (3) residential property (for the purposes of the taxable property provisions) | paragraphs 7(1), 8 and 9 of Schedule 29A retail prices index | section 989 of ITA 2007 scheme administrator | section 270 (but see also sections 271 to 274) scheme chargeable payment | section 241 scheme-held taxable property | section 185B(3) scheme manager | section 169(3) scheme pension | paragraph 2 of Schedule 28 scheme sanction charge | section 239(1) . . . | . . . . . . | . . . . . . | . . . Scottish taxpayer | section 989 of ITA 2007 serious ill-health lump sum | paragraph 4 of Schedule 29 . . . | . . . short service refund lump sum | paragraph 5 of Schedule 29 short service refund lump sum charge | section 205(1) short-term annuity | paragraph 6 of Schedule 28 special lump sum death benefits charge | section 206 sponsoring employer | section 150(6) . . . | . . . successor (of a member of a registered pension scheme) | paragraph 27F of Schedule 28 successors' annuity | paragraph 27FA of Schedule 28 successors' drawdown pension | paragraph 27G of Schedule 28 successor's flexi-access drawdown fund | paragraph 27K of Schedule 28 successors' income withdrawal | paragraph 27J of Schedule 28 successors' short-term annuity | paragraph 27H of Schedule 28 sums and assets held for the purposes of an arrangement | section 279(3) sums and assets held for the purposes of an arrangement (for the purposes of the taxable property provisions) | paragraph 5 of Schedule 29A taxable property (for the purposes of the taxable property provisions) | paragraphs 6, 10 and 11 of Schedule 29A the taxable property provisions | paragraph 1(3) of Schedule 29A tax year | section 4(2) of ITA 2007 (as applied by section 989 of that Act) the tax year 2006-07 etc. | section 4(4) of ITA 2007 (as applied by section 989 of that Act) total income | section 23 of ITA 2007 (as applied by section 989 of that Act) total pension input amount | section 229 . . . | . . . . . . | . . . trivial commutation lump sum | paragraph 7 of Schedule 29 unauthorised collective money purchase scheme | section 274ZZB(4) unauthorised employer payment | section 160(4) . . . | . . . unauthorised Master Trust scheme | section 274ZZA(5) unauthorised member payment | section 160(2) unauthorised payment | section 160(5) unauthorised payments charge | section 208(1) unauthorised payments surcharge | section 209(1) uncrystallised funds lump sum death benefit | paragraph 15 of Schedule 29 uncrystallised funds pension lump sum | paragraph 4A of Schedule 29 . . . | . . . valuation assumptions (in relation to a person) | section 277 vehicle (in the taxable property provisions) | paragraph 20(2) of Schedule 29A winding-up lump sum | paragraph 10 of Schedule 29 . . . | . . .

Propose a change

281 Minor and consequential amendments

(1) Schedule 35 contains minor and consequential amendments of enactments in consequence of, or otherwise in connection with, this Part. (2) The Treasury may by order make such other amendments (including repeals and revocations) as may appear appropriate in consequence of, or otherwise in connection with, this Part— (a) in any enactment contained in an Act passed before 6th April 2006 or in the Session in which that date falls, and (b) in any instrument made before that date or in the Session in which that date falls. (2A) The Treasury may by order make in any relevant enactment such amendments (including repeals and revocations) as may appear appropriate in consequence of, or otherwise in connection with, any amendment (or repeal or revocation) made in this Part by any enactment contained in an Act passed after this Act (an “amending Act”). (2B) For this purpose a relevant enactment is— (a) an enactment contained in an Act passed, or (b) an instrument made, before the passing of the amending Act or in the Session in which the amending Act is passed. (3) An order under subsection (2) or (2A) may include any transitional provisions or savings appearing to the Treasury to be appropriate. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

282 Orders and regulations

(A1) Any order or regulations made by the Treasury or the Commissioners for Her Majesty's Revenue and Customs under this Part may include provision having effect in relation to times before the order is, or regulations are, made if that provision does not increase any person's liability to tax. (A2) Subsection (A1) does not limit any specific power to make provision by an order or regulations in relation to times before the order is, or regulations are, made. (1) Any power of the Treasury or the Commissioners for Her Majesty's Revenue and Customs to make any order or regulations under this Part is exercisable by statutory instrument. (1A) No order may be made under section 208(6), 209(7), 215(2A), 237B(11), 240(3A) or 242(5), no order may be made under section 228(2) which specifies an amount for any tax year less than the annual allowance for the immediately preceding tax year and no order may be made under section 238A which increases any person's liability to tax unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons. (1B) No regulations may be made under section 274ZZC (power to make provision about collective money purchase schemes) that increase any person’s liability to tax unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the House of Commons. (2) Any statutory instrument containing any order or regulations made by the Treasury or the Commissioners for Her Majesty's Revenue and Customs under this Part , if made without a draft having been approved by a resolution of the House of Commons, is subject to annulment in pursuance of a resolution of the House of Commons. (3) Subsection (2) does not apply to an instrument containing only regulations under section 218(2D).

Propose a change

283 Transitionals and savings

(1) Schedule 36 contains miscellaneous transitional provisions and savings. (2) The Treasury may by order make any other transitional provision which may appear appropriate in consequence of, or otherwise in connection with, this Part or the repeals made by this Act in consequence of this Part. (3) An order under subsection (2) may, in particular, include savings from the effect of any amendment made by this Part or any repeal made by this Act in consequence of this Part. (3A) The Treasury may by order make any transitional provision which may appear appropriate in consequence of, or otherwise in connection with, any amendment (or repeal or revocation) made in this Part by any enactment contained in an Act passed after this Act (an “amending Act”). (3B) An order under subsection (3A) may, in particular, include savings from the effect of any amendment (or repeal or revocation) made by the amending Act. (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Nothing in Schedule 36 limits the power conferred by subsection (2) or (3A). (5) Nothing in that Schedule or in any provision made by virtue of subsection (2) or (3A) prejudices the operation of sections 16 and 17 of the Interpretation Act 1978 (c. 30) (effect of repeals).

Propose a change

284 Commencement

(1) Chapters 3 to 7 and section 281 (with Schedule 35) do not come into force until 6th April 2006. (2) But any power to make an order or regulations under any of those provisions may be exercised at any time after this Act is passed.

Propose a change

285 Certain receipts not to be tariff receipts

(1) The Oil Taxation Act 1983 (c. 56) is amended as follows. (2) In section 6(2) (meaning of tariff receipts) after “Subject to the provisions of this section” insert “ and section 6A below ”. (3) After section 6 insert— Tax-exempt tariffing receipts 6A (1) An amount which is a tax-exempt tariffing receipt (see subsection (2) below) does not constitute a tariff receipt for the purposes of the Oil Taxation Acts. (2) An amount is a “tax-exempt tariffing receipt” for the purposes of the Oil Taxation Acts if— (a) it would, apart from this section, be a tariff receipt of a participator in an oil field, (b) it is received or receivable by the participator in a chargeable period ending on or after 30th June 2004 under a contract entered into on or after 9th April 2003, and (c) it is in respect of tax-exempt business (see subsection (3) below). (3) For the purposes of this section an amount is in respect of tax-exempt business if it is an amount received or receivable by a participator in an oil field in respect of— (a) the use of a qualifying asset, or (b) the provision of services or other business facilities of whatever kind in connection with the use, otherwise than by the participator himself, of a qualifying asset, and that use of the qualifying asset falls within subsection (4) below. (4) Use of a qualifying asset falls within this subsection if it is— (a) use in relation to a new field (see subsection (5) below) or oil won from such a field, or (b) use in relation to a qualifying existing field (see subsection (5) below) or oil won from such a field. (5) In this section— “existing field” means any oil field or foreign field which is not a new field; “foreign field” means, subject to subsection (6) below (treatment of transmedian fields), any hydrocarbon accumulation which is not under the jurisdiction of the government of the United Kingdom; “licensee”, in relation to a foreign field, means a person who has rights, interests or obligations in respect of the foreign field under a licence or other authority granted by the government of a country other than the United Kingdom; “new field” means— an oil field for no part of which had— consent for development been granted to a licensee by the Secretary of State before 9th April 2003; or a programme of development been served on a licensee or approved by the Secretary of State before that date; or a foreign field for no part of which had— any consent for development been granted to a licensee by the government of a country other than the United Kingdom before 9th April 2003; or a programme of development been served on a licensee or approved by such a government before that date; and subsections (4) and (5) of section 36 of the Finance Act 1983 (which define “development” for the purposes of subsections (2) and (3) of that section) shall apply also for the purposes of this definition; “the Oil Taxation Acts” means— Parts 1 and 3 of the principal Act; this Act; and any other enactment relating to petroleum revenue tax; “qualifying existing field” means an existing field as respects which the condition in section 6B(1) below is satisfied. (6) For the purposes of this section, in the case of an oil field which, by virtue of section 107 of the Finance Act 1980 (transmedian fields), is deemed to include the sector mentioned in subsection (1)(a)(ii) of that section— (a) that sector shall be treated as a foreign field, and (b) the remainder of that field shall be treated as a separate oil field. (7) In the application of provisions of the Oil Taxation Acts relating to tax-exempt tariffing receipts, references to oil, in relation to a foreign field, are references to any substance that would be oil within the meaning of the principal Act if the enactments mentioned in section 1(1) of that Act extended to the foreign field. (8) This section is subject to the transitional provisions in Part 2 of Schedule 37 to the Finance Act 2004 (expenditure incurred between 9th April and 31st December 2003: treatment of initial portion of tax-exempt tariffing receipts as tariff receipts). The condition for being a qualifying existing field 6B (1) The condition for an existing field to be a qualifying existing field for the purposes of section 6A above is that at no time in the period of 6 years ending with 8th April 2003 (“the 6 year period”) was there— (a) any use of a disqualifying asset (see subsection (2) below) in a UK area (see subsection (11) below) in relation to the field or oil won from it, or (b) any provision of any services or other business facilities of whatever kind in connection with the use of a disqualifying asset in a UK area in relation to the field or oil won from it. (2) For the purposes of subsection (1) above “disqualifying asset”, in relation to an existing field and any time in the 6 year period, means an asset which at that time— (a) was a qualifying asset in relation to a participator in an oil field; and (b) was not an excepted asset (see subsection (3) below). (3) For the purposes of subsection (2) above “excepted asset”, in relation to an existing field and any time in the 6 year period, means any of the following— (a) any asset (other than a tanker) which at that time was wholly situated in the existing field; (b) any tanker which at that time was a non-dedicated tanker (see subsection (10) below) being used for transporting from the existing field oil which had been won from that field; (c) any asset which at that time was being used in relation to oil which had been won from the existing field and transported from that field by a non-dedicated tanker; (d) if the existing field is an oil field and is expected not to be a tanker loading field (see subsection (7) below)— (i) any tanker which at that time was a dedicated tanker (see subsection (9) below) being used for transporting from the existing field oil which had been won from that field; (ii) any asset which at that time was being used in relation to oil which had been won from the existing field and transported from that field by a dedicated tanker; (iii) any asset which at that time was being used to transport from the existing field oil consisting of gas won from that field to another oil field for the purpose of enabling that oil to be used for assisting the extraction of oil from that other field; (e) if at that time the existing field was not a taxable field, any asset by reference to which an election under section 231 of the Finance Act 1994 (election by reference to asset with excess capacity) was at that time in operation with respect to an oil field. (4) Where any use of an asset is, by virtue of subsection (3) above, use of an excepted asset, the provision of any services or other business facilities of whatever kind in connection with that use of that asset accordingly falls to be disregarded for the purposes of subsection (1)(b) above. (5) Where an asset in a UK area— (a) is a qualifying asset in relation to a participator in such an oil field as is mentioned in section 107 of the Finance Act 1980 (a “participator in the UK sector”), and (b) is also, by virtue of paragraph 3 of Schedule 4 to this Act, a chargeable asset in relation to a participator in a foreign field (a “participator in the foreign sector”), subsection (6) below applies in relation to use of the asset in relation to the existing field or oil won from it. (6) Where this subsection applies, then, in determining for the purposes of subsection (1) above whether there has been any use of a disqualifying asset in relation to the existing field or oil won from it, any use of the asset in relation to that field or oil won from it shall be treated— (a) as use of a qualifying asset in relation to a participator in an oil field, if or to the extent that the use is attributable, on a just and reasonable basis, to a participator in the UK sector, or (b) as use of an asset which was not a qualifying asset in relation to a participator in an oil field, if or to the extent that the use is attributable, on a just and reasonable basis, to a participator in the foreign sector. (7) For the purposes of subsection (3) above, the existing field is expected not to be a tanker loading field if, at the time when the relevant contract is entered into, it is expected that all (or virtually all) of the oil (other than oil consisting of gas) to be won from that field and transported from it after the beginning of the operational period will be so transported otherwise than by tanker. (8) For the purposes of subsection (7) above— (a) “the relevant contract” means the contract mentioned in section 6A(2)(b) above; and (b) “the beginning of the operational period” means the time at which the qualifying asset to which that contract relates begins to be used under that contract in relation to the existing field or oil won from that field. (9) For the purposes of subsection (3) above a tanker is a dedicated tanker at any time if— (a) the existing field mentioned in that subsection is an oil field, and (b) at that time the tanker is a mobile asset dedicated to that oil field (see section 2 above). (10) For the purposes of subsection (3) above a tanker is a non-dedicated tanker— (a) at any time, if the existing field mentioned in that subsection is not an oil field, or (b) where that field is an oil field, at any time when the tanker is not a mobile asset dedicated to that oil field. (11) In this section “UK area” means each of the following— (a) the United Kingdom; (b) the territorial sea of the United Kingdom; (c) a designated area, to the extent that it does not fall to be treated by virtue of section 6A(6) above as a foreign field. (12) This section shall be construed as one with section 6A above. . (4) In Schedule 2 (supplemental provisions in relation to receipts from qualifying assets) in paragraph 12 (purchase at place of extraction)— (a) in sub-paragraph (1), for “Subject to sub-paragraphs (4) and (5)” substitute “ Subject to sub-paragraphs (4) to (6) ”, and (b) at the end of the paragraph add— (6) In any chargeable period ending on or after 30th June 2004, sub-paragraph (1) above does not apply to oil in a case where— (a) had the operation or operations to which the oil was subjected as mentioned in paragraph (b) of that sub-paragraph been carried out under a contract entered into on or after 9th April 2003, and (b) had an amount been received or receivable under the contract in that chargeable period by the participator, that amount would have been a tax-exempt tariffing receipt. . (5) Schedule 37 to this Act has effect; and in that Schedule— Part 1 makes amendments to the Oil Taxation Act 1983 (c. 56) relating to allowable expenditure and disposal receipts; Part 2 makes transitional provision; Part 3 makes amendments to the Taxes Act 1988; Part 4 makes amendments to other enactments. (6) In Part 1 of Schedule 37 to this Act— (a) the amendments made by paragraph 5 (which relate to disposal receipts) have effect in relation to disposals in chargeable periods ending on or after 30th June 2004, and (b) the other amendments made by that Part have effect in relation to expenditure incurred on or after 1st January 2004. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The amendments made by Part 4 of that Schedule have effect in relation to chargeable periods (within the meaning of section 98 of the Finance Act 1999 (c. 16)) ending on or after 30th June 2004.

Propose a change

286 Petroleum extraction activities: exploration expenditure supplement

(1) Chapter 5 of Part 12 of the Taxes Act 1988 (petroleum extraction activities) is amended as follows. (2) After section 496 (tariff receipts) insert— Exploration expenditure supplement 496A Schedule 19B to this Act (exploration expenditure supplement) shall have effect. . (3) Before Schedule 20 insert the Schedule 19B set out in Schedule 38 to this Act.

Propose a change

287 Restrictions on expenditure allowable

(1) In Schedule 4 to the Oil Taxation Act 1975 (c. 22), paragraph 2 (restrictions on expenditure allowable where acquisition etc from connected person or otherwise not at arm’s length) is amended as follows. (2) In sub-paragraph (1), for the words following paragraph (b) (which limit the expenditure allowable to the cost in a transaction to which paragraph 2 does not apply) substitute— “ as having incurred that expenditure only to the extent that it does not exceed the lowest of the amounts described in sub-paragraph (1ZA) below which is applicable in the particular case. ”. (3) After sub-paragraph (1) insert— ((1ZA)) Those amounts are— (a) the amount of expenditure (other than loan expenditure) incurred up to the time mentioned in sub-paragraph (1) above in a transaction to which this paragraph does not apply (or, if there has been more than one such transaction, the later or latest of them) in acquiring, bringing into existence, or enhancing the value of, the asset; (b) the amount of the open market consideration for the acquisition, bringing into existence, or enhancement of the value, of the asset; (c) in a case where the other party to the transaction is a participator in a taxable field and in the case of that participator either— (i) an amount is brought into account under section 2 of this Act in accordance with section 7(1) of the Oil Taxation Act 1983 as disposal receipts in respect of the transaction, or (ii) no amount is so brought into account by reason of reductions falling to be made in the amount that would have been so brought into account apart from those reductions, the amount so brought into account or, as the case may be, nil; (d) in a case where the other party to the transaction is not a participator in a taxable field but— (i) the transaction is the latest in a series of transactions in respect of the asset (or in respect of an asset or assets in which the asset was comprised), (ii) those transactions are transactions to which this paragraph applies, (iii) in the case of at least one of those transactions, there is a party who is a participator in an oil field, and (iv) in the case of any such party, an amount either is brought into account as mentioned in paragraph (c)(i) above in respect of the transaction or would have been so brought into account but for such reductions as are mentioned in paragraph (c)(ii) above, so much of the amount so brought into account in respect of that transaction (or, where there are two or more such transactions, the later or latest of them) as is justly and reasonably referable to the asset mentioned in sub-paragraph (1) above (taking that amount as being nil in the case of any transaction where no amount is so brought into account by reason of any such reductions). . (4) In sub-paragraph (1B) (meaning of “loan expenditure” in sub-paragraph (1)) for “(1)” substitute “ (1ZA)(a) ”. (5) After sub-paragraph (1B) insert— (1C) The reference in sub-paragraph (1ZA)(b) above to the open market consideration for the acquisition, bringing into existence, or enhancement of the value, of an asset is a reference to the consideration which might reasonably have been given for the acquisition, bringing into existence, or enhancement of the value, of the asset (whatever the nature of the acquisition, bringing into existence or enhancement of the value) had it been made in a transaction to which this paragraph does not apply. . (6) The amendments made by this section have effect in relation to expenditure incurred on or after 17th March 2004.

Propose a change

288 Terminal losses

(1) Schedule 17 to the Finance Act 1980 (c. 48) (transfers of interests in oil fields) is amended as follows. (2) For paragraph 15 (terminal losses) substitute— Terminal losses 15 (1) This paragraph applies in any case where— (a) such an allowable loss as falls to be relieved under section 7(3) accrues to the new participator from the field in a chargeable period ending after 17th March 2004, but (b) some or all of the loss cannot be relieved under section 7(3) against assessable profits accruing to him from the field. (2) So much of the loss as cannot be so relieved (“the remaining loss”) shall be regarded as an allowable unrelievable field loss in relation to the new participator (“the loss-maker”) only to the extent that— (a) so much of it as cannot be relieved in accordance with sub-paragraphs (3) to (6) below, exceeds (b) the aggregate of any relevant previous participators' expenditure unrelated to the field (see sub-paragraphs (10) and (11) below). (3) The remaining loss shall be treated as an allowable loss which falls to be relieved under section 7(3) against so much of any assessable profits accruing to the old participator from the field as is attributable to his represented interest (see sub-paragraphs (9) and (12) below). (4) Where a person is the new participator in relation to two or more old participators— (a) the remaining loss shall be apportioned between those old participators in such manner as is just and reasonable having regard to the interests respectively transferred by them to the new participator, (b) sub-paragraph (3) above shall have effect separately in relation to each of them (and the part of the remaining loss apportioned to him). (5) Any relief by virtue of sub-paragraph (3) above shall be given against the assessable profits accruing to the old participator in an earlier chargeable period only to the extent to which it cannot be given against the assessable profits accruing to him in a later chargeable period. (6) If— (a) the old participator acquired some or all of his interest in the field by a previous transfer in relation to which he was the new participator, (b) Parts 2 and 3 of this Schedule applied in relation to that previous transfer, and (c) some or all of the part of the remaining loss treated as an allowable loss of his cannot be relieved in accordance with sub-paragraph (3) above, sub-paragraphs (3) to (5) above shall apply in relation to so much of that part of the remaining loss as cannot be so relieved as they apply in relation to the remaining loss, but construing the references in those sub-paragraphs to the new participator and the old participator by reference to that previous transfer and the parties to it, and then applying this sub-paragraph accordingly (and so on). (7) But where— (a) the person who is the old participator in relation to a transfer made before 17th March 2004 (“the later transfer”) is also the new participator in relation to a previous transfer, and (b) Parts 2 and 3 of this Schedule applied in relation to both of those transfers, sub-paragraph (3) above shall not apply by virtue of sub-paragraph (6) above in relation to so much of the assessable profits of the person who is the old participator in relation to that previous transfer as is attributable to so much of his interest as constitutes the whole or part of his represented interest by virtue of the later transfer. (8) Where losses accruing to each of two or more participators fall to be relieved by virtue of sub-paragraph (3) above against the same assessable profits, a loss accruing to the person who last had an interest representing the whole or part of the transferred interest at an earlier time shall be so relieved before one accruing to a person who last had such an interest at a later time. In this sub-paragraph “the transferred interest” means the interest transferred by the person against whose assessable profits the losses fall to be relieved. (9) In determining for the purposes of this paragraph the assessable profits of a participator that are attributable to his represented interest, the assessable profits shall be apportioned between— (a) the represented interest, and (b) the remainder of the participator’s interest, using such method as is just and reasonable, having regard to the respective sizes of those interests. (10) For the purposes of this paragraph “relevant previous participators' expenditure unrelated to the field” means so much of each relevant previous participator’s allowed expenditure unrelated to the field as is referable to his represented interest, other than excepted old expenditure. (11) For the purposes of sub-paragraph (10) above— “allowed expenditure unrelated to the field”, in relation to a participator, is expenditure unrelated to the field which is allowed on a claim or election made by the participator; “excepted old expenditure”is expenditure which has been allowed in pursuance of a claim or election for its allowance received by the Board before 17th March 2004; “relevant previous participator” means a participator against any of whose assessable profits relief is given in accordance with sub-paragraphs (3) to (6) above; and sub-paragraph (9) above shall apply in relation to allowed expenditure unrelated to the field as it applies in relation to assessable profits. (12) In this paragraph— “expenditure unrelated to the field” has the meaning given by section 6(9); “the loss-maker” shall be construed in accordance with sub-paragraph (2) above; “previous owner” means a person from whom the loss-maker directly or indirectly derives his title to the whole or any part of his interest; “represented interest”, in the case of a previous owner, means so much of the interest which that previous owner transferred, by a transfer to which Parts 2 and 3 of this Schedule apply, as is represented in the loss-maker’s interest by virtue only of— that transfer, or that transfer and one or more subsequent transfers to which those Parts apply, making, for the purposes of paragraph (b) above, such apportionments as are just and reasonable, having regard to the interests transferred by each of the transferors. . (3) The amendment made by this section has effect in relation to losses accruing in chargeable periods ending after 17th March 2004.

Propose a change

289 Supplies to producers of commodities

(1) Schedule 6 to the Finance Act 2000 (c. 17) (climate change levy) is amended as set out in subsections (2) to (5). (2) In paragraph 13 (exemption for supplies to producers of commodities), in paragraph (b), after sub-paragraph (ii) insert— (iia) in producing biodiesel for chargeable use within the meaning of section 6AA of the Hydrocarbon Oil Duties Act 1979 (excise duty on biodiesel), (iib) in producing bioblend for delivery for home use from any place mentioned in section 6AB(1)(b) of that Act (excise duty on bioblend), (iic) in producing bioethanol for chargeable use within the meaning of section 6AD of that Act (excise duty on bioethanol), (iid) in producing bioethanol blend for delivery for home use from any place mentioned in section 6AE(1)(b) of that Act (excise duty on bioethanol blend), . (3) In paragraph 13(b)(iii), for “liquids that are not hydrocarbon oil” substitute “ liquids (within the meaning of that section) in respect of which a charge is capable of arising under that section ”. (4) In paragraph 13, for the words from “For this purpose” to the end substitute— “ Expressions which are used in this paragraph and the Hydrocarbon Oil Duties Act 1979 have the same meaning in this paragraph as they have in that Act. ” (5) After paragraph 13 insert— 13A (1) The Commissioners may by regulations make provision amending paragraph 13 for the purpose of— (a) extending the circumstances in which a supply of a taxable commodity is exempt from the levy, or (b) restricting the circumstances in which a supply of a taxable commodity is exempt from the levy. (2) Regulations under this paragraph that include provision made for the purpose mentioned in sub-paragraph (1)(a) may provide for the provision to have retrospective effect. (3) A statutory instrument that contains (whether alone or with other provisions) regulations under this paragraph made for the purpose mentioned in sub-paragraph (1)(b) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of the House of Commons. (6) The amendments made by subsections (2) to (4) have effect— (a) as regards biodiesel and bioblend, in relation to supplies made on or after the day on which this Act is passed; (b) as regards bioethanol and bioethanol blend, in relation to supplies made on or after 1st January 2005.

Propose a change

290 Transitional tax credit in Northern Ireland: changes to existing scheme

(1) In section 30A of the Finance Act 2001 (c. 9) (aggregates levy: transitional tax credit in Northern Ireland) after subsection (3) insert— (4) The Treasury may by order made by statutory instrument amend subsection (2) above so as to— (a) change the period in relation to which the amount of a tax credit is to be reduced; (b) change the amount by which a tax credit is to be reduced. (5) An order under subsection (4) above shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of the House of Commons. (2) This section shall be deemed to have come into force on 1st April 2004.

Propose a change

291 Transitional tax credit in Northern Ireland: new scheme

(1) Part 2 of the Finance Act 2001 (aggregates levy) is amended as set out in subsections (2) and (3). (2) For section 30A substitute— Transitional tax credit in Northern Ireland 30A (1) The Commissioners may by regulations make provision of the kind described in section 30(2) above (entitlement to tax credit) in relation to cases within subsection (2) below. (2) The cases are those where a charge to aggregates levy has arisen on a quantity of aggregate which has been subjected to commercial exploitation in Northern Ireland during a period— (a) starting on the prescribed date, and (b) ending on 31st March 2011. (3) The date prescribed for the purposes of subsection (2)(a) above may be earlier than the date on which this section comes into force. (4) The amount of a tax credit to which a person is entitled under the regulations must not be more than 80% of any aggregates levy charged on the aggregate in question. (5) Regulations under this section may in particular make provision— (a) for a person operating a site to be entitled to a tax credit under the regulations in respect of a period for which he holds an aggregates levy credit certificate which has been issued in respect of the site and which has not been withdrawn; (b) for an aggregates levy credit certificate to be issued to a person in respect of a site only if an aggregates levy credit agreement is in force in respect of the site; (c) for the withdrawal of an aggregates levy credit certificate where the aggregates levy credit agreement in respect of which it was issued is no longer in force; (d) for the form and content of aggregates levy credit certificates and aggregates levy credit agreements. (6) Regulations under this section which make provision such as is mentioned in subsection (5)(d) above may be framed by reference to any provisions of a notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice. (7) If regulations under this section make provision such as is mentioned in subsection (5) above, the Commissioners or the Northern Ireland Department may— (a) enter into aggregates levy credit agreements; (b) issue and withdraw aggregates levy credit certificates; (c) take such other steps as the Commissioners or the Northern Ireland Department consider appropriate in relation to aggregates levy credit agreements and aggregates levy credit certificates. (8) Regulations under this section which make provision such as is mentioned in subsection (5) above must include provision requiring the Northern Ireland Department to inform the Commissioners if the Northern Ireland Department issues or withdraws an aggregates levy credit certificate. (9) Subsections (3) to (5) of section 30 above apply to regulations under this section as they apply to regulations under that section. (10) The Treasury may by order made by statutory instrument amend subsection (4) above by substituting for the percentage for the time being specified in that subsection a percentage lower than 80%. (11) An order under subsection (10) above shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of the House of Commons. (12) Any expenses of the Northern Ireland Department under this section shall be charged on the Consolidated Fund of Northern Ireland. (13) In this section— “aggregates levy credit agreement” means an agreement entered into in respect of a site by the person operating the site and the Commissioners or the Northern Ireland Department; “aggregates levy credit certificate” means a certificate issued to the person operating a site by the Commissioners or the Northern Ireland Department as evidence of the fact that an aggregates levy credit agreement has been entered into in respect of the site; “the Northern Ireland Department” means the Department of the Environment in Northern Ireland. (3) In section 48(1) (interpretation), in the definition of “tax credit regulations” after “section 30” insert “ or 30A ”. (4) The preceding provisions of this section come into force on such day as the Treasury may by order made by statutory instrument appoint. (5) An order under subsection (4) may— (a) make different provision for different purposes; (b) make incidental, consequential, supplemental or transitional provision and savings.

Propose a change

292 Lorry road-user charge

(1) Section 137 of the Finance Act 2002 (c. 23) (lorry road-user charge) is amended as follows. (2) For subsection (4) substitute— (4) Lorry road-user charge— (a) shall be under the care and management of the Commissioners of Customs and Excise, and (b) shall be administered and enforced in accordance with such provisions as Parliament may determine. . (3) For subsections (5) and (6) substitute— (5) All money and securities for money collected or received for or on account of lorry road-user charge shall— (a) if collected or received in Great Britain, be placed to the general account of the Commissioners of Customs and Excise kept at the Bank of England under section 17 of the Customs and Excise Management Act 1979; (b) if collected or received in Northern Ireland, be paid into the Consolidated Fund of the United Kingdom in such manner as the Treasury may direct. .

Propose a change

293 Delivery of accounts etc

(1) Section 256 of the Inheritance Tax Act 1984 (c. 51) (regulations about information to be furnished to the Board) is amended as follows. (2) In subsection (1)— (a) in paragraph (a), after “specified in” insert “ or determined under ”; (b) after paragraph (a) insert— (aa) requiring persons who by virtue of regulations under paragraph (a) above are not required to deliver accounts under section 216 above to produce to the Board, in such manner as may be specified in or determined under the regulations, such information or documents as may be so specified or determined ; (c) in paragraph (b), after “so specified” insert “ or determined ”; (d) paragraph (c) shall cease to have effect. (3) After subsection (1) insert— (1A) Regulations under subsection (1)(aa) may in particular— (a) provide that information or documents must be produced to the Board by producing it or them to— (i) a probate registry in England and Wales; (ii) the sheriff in Scotland; (iii) the Probate and Matrimonial Office in Northern Ireland; (b) provide that information or documents produced as specified in paragraph (a) is or are to be treated for any or all purposes of this Act as produced to the Board; (c) provide for the further transmission to the Board of information or documents produced as specified in paragraph (a). (4) Subsection (2) shall cease to have effect. (5) In subsection (3), at the end insert “ and may make different provision for different cases ”. (6) After subsection (3) insert— (3A) Regulations under this section may only be made— (a) in relation to England and Wales or Northern Ireland, after consulting the Lord Chancellor; (b) in relation to Scotland, after consulting the Scottish Ministers.

Propose a change

294 Grant of probate

(1) In section 109 of the Senior Courts Act 1981 (c. 54) (refusal of grant of probate where inheritance tax unpaid)— (a) for subsection (1) substitute— (1) No grant shall be made, and no grant made outside the United Kingdom shall be resealed, except— (a) on the production of information or documents under regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or (b) on the production of an account prepared in pursuance of that Act showing by means of such receipt or certification as may be prescribed by the Commissioners either— (i) that the inheritance tax payable on the delivery of the account has been paid; or (ii) that no such tax is so payable. ; (b) in subsection (2), for “this section” substitute “ subsection (1)(b) ”; (c) after subsection (2) insert— (2A) In this section and the following section, “the Commissioners” means the Commissioners of Inland Revenue ; (d) subsection (3) shall cease to have effect. (2) In section 42 of the Probate and Legacy Duties Act 1808 (c. 149) (grant of confirmation)— (a) the existing text shall become subsection (1) of that section; (b) at the beginning of that subsection, for “And” substitute “ Subject to subsection (2) below, ”; and (c) after that subsection insert— (2) In a case to which regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (c. 51) apply (excepted estates), it shall not be lawful to grant confirmation such as is mentioned in subsection (1) above except on the production of information or documents in accordance with those regulations. (3) In Article 20 of the Administration of Estates (Northern Ireland) Order 1979 (S.I.1979/1575 (N.I.14)) (inheritance tax accounts)— (a) for paragraph (1) substitute— (1) The High Court shall not make any grant, or reseal any grant made outside the United Kingdom, except— (a) on the production of information or documents under regulations under section 256(1)(aa) of the Inheritance Tax Act 1984 (excepted estates); or (b) on the production of an account prepared in pursuance of that Act showing by means of such receipt or certification as may be prescribed by the Commissioners of Inland Revenue either— (i) that the inheritance tax payable on the delivery of the account has been paid; or (ii) that no such tax is so payable. ; (b) in paragraph (2) of that Article, for “this Article” substitute “ paragraph (1)(b) ”. (4) Subsection (1) shall come into force on such day as the Treasury may after consulting the Lord Chancellor by order made by statutory instrument appoint. (5) Subsection (2) shall come into force on such day as the Treasury may after consulting the Scottish Ministers by order made by statutory instrument appoint. (6) Subsection (3) shall come into force on such day as the Treasury may after consulting the Lord Chancellor by order made by statutory instrument appoint.

Propose a change

295 Amendments to penalty regime

(1) The Inheritance Tax Act 1984 (c. 51) is amended as specified in subsections (2) to (4). In section 245 (failure to deliver accounts)— (2) (a) in subsections (2)(a) and (3), for “not exceeding” substitute “ of ”; (b) after subsection (4) insert— (4A) Without prejudice to any penalties under subsections (2) and (3) above, if— (a) the failure by the taxpayer to deliver the account continues after the anniversary of the end of the period given by section 216(6) or (7) (whichever is applicable), and (b) there would have been a liability to tax shown in the account, the taxpayer shall be liable to a penalty of an amount not exceeding £3,000. (3) In section 245A (failure to provide information etc)— (a) after subsection (1A) insert— (1B) Without prejudice to any penalties under subsection (1A) above, if a person continues to fail to comply with the requirements of section 218A after the anniversary of the end of the period of six months referred to in section 218A(1), he shall be liable to a penalty of an amount not exceeding £3,000. ; (b) in subsection (5)— (i) after “failing to make a return” insert “ , to comply with the requirements of section 218A ”; (ii) after “fails to make the return” insert “ , to comply with the requirements of section 218A ”. (4) In section 247 (provision of incorrect information)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in subsection (3), for the words from “, in the case of fraud” to the end substitute “ to a penalty not exceeding £3,000 ”. (5) Subsection (2)(a) above has effect in relation to a failure by any person to deliver an account under section 216 or 217 of the Inheritance Tax Act 1984 (c. 51) where the period under section 216(6) or (7) or 217 of that Act (whichever is applicable) within which the person is required to deliver the account expires after six months from the day on which this Act is passed. (6) Subsection (2)(b) above has effect— (a) in relation to a failure by any person to deliver an account under section 216 of the Inheritance Tax Act 1984 where the period under section 216(6) or (7) of that Act (whichever is applicable) within which the person is required to deliver the account expires after the day on which this Act is passed; and (b) in relation to such a failure to deliver such an account where that period expires on or before the day on which this Act is passed, as if, in the subsection (4A) inserted in section 245 of that Act by subsection (2)(b) above, for the words “anniversary of the end of the period given by section 216(6) or (7) (whichever is applicable)” there were substituted “ end of the period of twelve months beginning with the day on which the Finance Act 2004 is passed ”. (7) Subsection (3)(a) above has effect— (a) in relation to a failure to comply with the requirements of section 218A of the Inheritance Tax Act 1984 where the period of six months referred to in subsection (1) of that section expires after the day on which this Act is passed; and (b) in relation to such a failure to comply with those requirements where that period expires on or before the day on which this Act is passed, as if, in the subsection (1B) inserted in section 245A of that Act by subsection (3)(a) above, for the words “anniversary of the end of the period of six months referred to in section 218A(1)” there were substituted “ end of the period of twelve months beginning with the day on which the Finance Act 2004 is passed ”. (8) Subsection (3)(b) above has effect in relation to a failure to comply with the requirements of section 218A of the Inheritance Tax Act 1984 where the period of six months referred to in subsection (1) of that section expires after the day on which this Act is passed. (9) Subsection (4) above has effect in relation to incorrect accounts, information or documents delivered, furnished or produced after the day on which this Act is passed.

Propose a change

296 Miscellaneous amendments

Schedule 39 to this Act, which makes amendments to Part 4 (stamp duty land tax) and Part 5 (stamp duty) of the Finance Act 2003 (c. 14), has effect.

Propose a change

297 Leases

(1) Part 4 of the Finance Act 2003 (c. 14) (stamp duty land tax) is amended as follows. (2) In subsection (3) of section 43 (land transactions), in paragraph (d) (inserted by paragraph 2(b) of Schedule 39 to this Act), after “where” insert “ (i) ” and at the end insert , or (ii) paragraph 15A of Schedule 17A (reduction of rent or term) applies. . (3) In section 48 (chargeable interests), at the end of subsection (7) (inserted by paragraph 4(2) of that Schedule) insert “ and to paragraph 15A of Schedule 17A (reduction of rent or term of lease) ”. (4) In section 53 (deemed market value where transaction involves connected company), for subsection (1) substitute— (1) This section applies where the purchaser is a company and— (a) the vendor is connected with the purchaser, or (b) some or all of the consideration for the transaction consists of the issue or transfer of shares in a company with which the vendor is connected. (1A) The chargeable consideration for the transaction shall be taken to be not less than— (a) the market value of the subject-matter of the transaction as at the effective date of the transaction, and (b) if the acquisition is the grant of a lease at a rent, that rent. . (5) In section 79 (registration of land transactions etc), in subsection (2) (transactions to which section does not apply) (as amended by paragraph 7 of Schedule 39 to this Act)— (a) in paragraph (a) for the words from “by virtue of” to the end substitute by virtue of— (i) section 45 (contract and conveyance: effect of transfer of rights), or (ii) paragraph 12B of Schedule 17A (assignment of agreement for lease), ; (b) at the end insert— (c) under paragraph 12A(2) or 19(3) of Schedule 17A (agreement for lease), or (d) under paragraph 13 (increase of rent) or 15A (reduction of rent or term) of that Schedule. . (6) After that subsection insert— (2A) Subsection (1), so far as relating to the entry of a notice under section 34 of the Land Registration Act 2002 or section 38 of the Land Registration Act (Northern Ireland) 1970 (notice in respect of interest affecting registered land), does not apply where the land transaction in question is the variation of a lease. . (7) In subsection (3) of that section, after “The certificate” insert “ referred to in subsection (1) ”. (8) In Schedule 4 (chargeable consideration), in paragraph 10 (carrying out of works), in sub-paragraph (2A) (inserted by paragraph 9(2) of Schedule 39 to this Act), for the words from the beginning to “completion),” substitute— Where by virtue of— (a) subsection (8) of section 44 (contract and conveyance), (b) paragraph 12A of Schedule 17A (agreement for lease), or (c) paragraph 19(3) to (6) of Schedule 17A (missives of let etc in Scotland), there are two notifiable transactions (the first being the contract or agreement and the second being the transaction effected on completion or, as the case may be, the grant or execution of the lease), . (9) Subsections (2) to (4) and (8) apply in relation to any transaction of which the effective date is on or after the day on which this Act is passed. (10) Subsections (5) to (7) apply in relation to any transaction or deemed transaction of which the effective date is on or after 17th March 2004. (11) In this section “effective date” has the same meaning as in Part 4 of the Finance Act 2003 (c. 14).

Propose a change

298 Notification, registration and penalties

(1) Part 4 of the Finance Act 2003 (stamp duty land tax) is amended as follows. (2) In section 77 (notifiable transactions)— (a) after subsection (2) insert— (2A) The assignment of a lease is notifiable if— (a) the grant of the lease, if occurring at the time of the assignment, would be notifiable, or (b) there is consideration for the assignment that is chargeable at a rate of 1% or higher, or would be so chargeable but for a relief. ; (b) in subsection (3), for “unless it is exempt from charge under Schedule 3” substitute unless— (a) the acquisition is exempt from charge under Schedule 3, or (b) the land consists entirely of residential property and the chargeable consideration for the acquisition, together with that of any linked transactions, is less than £1,000 ; (c) after subsection (5) (inserted by paragraph 4(3) of Schedule 39 to this Act) insert— (6) In this section “relief” does not include any exemption from charge under Schedule 3. . (3) In section 79 (registration of land transactions etc), in subsection (1)(b), after “any register maintained by the Keeper of the Registers of Scotland” insert “ (other than the Register of Community Interests in Land) ”. (4) In section 99 (general provisions about penalties), after subsection (2) insert— (2A) Where a person is liable to more than one tax-related penalty in respect of the same land transaction, each penalty after the first shall be reduced so that his liability to such penalties, in total, does not exceed the amount of whichever is (or, but for this subsection, would be) the greatest one. . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

299 Claims not included in returns

(1) Part 4 of the Finance Act 2003 (c. 14) (stamp duty land tax) is amended as follows. (2) After section 82 insert— Claims not included in returns 82A Schedule 11A has effect with respect to claims not included in returns. . (3) After Schedule 11 insert the Schedule set out in Schedule 40 to this Act. (4) In section 80 (adjustment where contingency ceases or consideration is ascertained), in subsection (4) (claim for repayment), for the words from “the amount” to the end substitute— (a) the purchaser may, within the period allowed for amendment of the land transaction return, amend the return accordingly; (b) after the end of that period he may (if the land transaction return is not so amended) make a claim to the Inland Revenue for repayment of the amount overpaid . (5) In section 111 (claim for repayment if regulations under general power not approved) in subsection (1), for the words from “any amount” to the end substitute “ a claim may be made to the Inland Revenue for repayment of any tax, interest or penalty that would not have been payable but for the regulations ”. (6) In section 113 (functions conferred on “the Inland Revenue”), after subsection (3) insert— (3A) The following functions of the Inland Revenue under Schedule 11A (claims not included in returns) are functions of the Board— (a) functions under paragraph 2(1) (form of claims), (b) functions relating to a claim made to the Board. . (7) In Schedule 10 (returns, enquiries, assessments and appeals), in paragraph 33 (relief in case of double assessment)— (a) in sub-paragraph (1), for “for relief under this paragraph” substitute “ to the Inland Revenue for relief against any double charge ”; (b) omit sub-paragraphs (2) and (3). (8) In paragraph 34 of that Schedule (relief in case of mistake in return)— (a) in sub-paragraph (1), for “for relief under this paragraph” substitute “ to the Inland Revenue for relief against any excessive charge ”; (b) in sub-paragraph (2), omit “by notice in writing given to the Inland Revenue”; (c) omit sub-paragraph (3).

Propose a change

300 Assents and appropriations by personal representatives

(1) In Schedule 3 to the Finance Act 2003 (c. 14) (stamp duty land tax: transactions exempt from charge), after paragraph 3 insert— Assents and appropriations by personal representatives 3A (1) The acquisition of property by a person in or towards satisfaction of his entitlement under or in relation to the will of a deceased person, or on the intestacy of a deceased person, is exempt from charge. (2) Sub-paragraph (1) does not apply if the person acquiring the property gives any consideration for it, other than the assumption of secured debt. (3) Where sub-paragraph (1) does not apply because of sub-paragraph (2), the chargeable consideration for the transaction is determined in accordance with paragraph 8A(1) of Schedule 4. (4) In this paragraph— “debt” means an obligation, whether certain or contingent, to pay a sum of money either immediately or at a future date, and “secured debt” means debt that, immediately after the death of the deceased person, is secured on the property. . (2) The amendment made by this section is deemed always to have had effect.

Propose a change

301 Chargeable consideration

(1) In Schedule 3 to the Finance Act 2003 (transactions exempt from charge), in paragraph 4 (variation of testamentary dispositions etc) after sub-paragraph (2) insert— (2A) Where the condition in sub-paragraph (2)(b) is not met, the chargeable consideration for the transaction is determined in accordance with paragraph 8A(2) of Schedule 4. . (2) Schedule 4 to that Act (stamp duty land tax: chargeable consideration) is amended as follows. (3) In paragraph 8 (debt as consideration), after sub-paragraph (1) insert— (1A) Where— (a) debt is secured on the subject-matter of a land transaction immediately before and immediately after the transaction, and (b) the rights or liabilities in relation to that debt of any party to the transaction are changed as a result of or in connection with the transaction, then for the purposes of this paragraph there is an assumption of that debt by the purchaser, and that assumption of debt constitutes chargeable consideration for the transaction. (1B) Where in a case in which sub-paragraph (1)(b) applies— (a) the debt assumed is or includes debt secured on the property forming the subject-matter of the transaction, and (b) immediately before the transaction there were two or more persons each holding an undivided share of that property, or there are two or more such persons immediately afterwards, the amount of secured debt assumed shall be determined as if the amount of that debt owed by each of those persons at a given time were the proportion of it corresponding to his undivided share of the property at that time. (1C) For the purposes of sub-paragraph (1B), in England and Wales and Northern Ireland each joint tenant of property is treated as holding an equal undivided share of it. . (4) In sub-paragraph (2) of that paragraph, for “sub-paragraph (1)” substitute “ this paragraph ”. (5) After paragraph 8 insert— Cases where conditions for exemption not fully met 8A (1) Where a land transaction would be exempt from charge under paragraph 3A of Schedule 3 (assents and appropriations by personal representatives) but for sub-paragraph (2) of that paragraph (cases where person acquiring property gives consideration for it), the chargeable consideration for the transaction does not include the amount of any secured debt assumed. “Secured debt” has the same meaning as in that paragraph. (2) Where a land transaction would be exempt from charge under paragraph 4 of Schedule 3 (variation of testamentary dispositions etc) but for a failure to meet the condition in sub-paragraph (2)(b) of that paragraph (no consideration other than variation of another disposition), the chargeable consideration for the transaction does not include the making of any such variation as is mentioned in that sub-paragraph. . (6) The amendments made by subsections (3) and (4) apply in relation to any transaction of which the effective date (within the meaning of Part 4 of the Finance Act 2003 (c. 14)) is on or after the day on which this act is passed. (7) The other amendments made by this section are deemed always to have had effect.

Propose a change

302 Charities relief

(1) In Schedule 8 to the Finance Act 2003 (stamp duty land tax: charities relief), after paragraph 2 insert— Cases where first condition not fully met 3 (1) This paragraph applies where— (a) a land transaction is not exempt from charge under paragraph 1 because the first condition in that paragraph is not met, but (b) the purchaser (“C”) intends to hold the greater part of the subject-matter of the transaction for qualifying charitable purposes. (2) In such a case— (a) the transaction is exempt from charge, but (b) for the purposes of paragraph 2 (withdrawal of charities relief) “disqualifying event” includes— (i) any transfer by C of a major interest in the whole or any part of the subject-matter of the transaction, or (ii) any grant by C at a premium of a low-rental lease of the whole or any part of that subject-matter, that is not made in furtherance of the charitable purposes of C. (3) For the purposes of sub-paragraph (2)(b)(ii)— (a) a lease is granted “at a premium” if there is consideration other than rent, and (b) a lease is a “low-rental”lease if the annual rent (if any) does not exceed £600 a year. (4) In relation to a transaction that, by virtue of this paragraph, is a disqualifying event for the purposes of paragraph 2— (a) the date of the event for those purposes is the effective date of the transaction; (b) paragraph 2 has effect as if— (i) in sub-paragraph (1)(b), for “at the time of” there were substituted “ immediately before ”, (ii) in sub-paragraph (4)(a), for “at the time of” there were substituted “ immediately before and immediately after ”, and (iii) sub-paragraph (4)(b) were omitted. (5) In this paragraph— “qualifying charitable purposes” has the same meaning as in paragraph 1; “rent” has the same meaning as in Schedule 5 (amount of tax chargeable: rent) and “annual rent” has the same meaning as in paragraph 9(2) of that Schedule. . (2) After paragraph 3 of that Schedule (inserted by subsection (1) above) insert— Charitable trusts 4 (1) This Schedule applies in relation to a charitable trust as it applies in relation to a charity. (2) In this paragraph “charitable trust” means— (a) a trust of which all the beneficiaries are charities, or (b) a unit trust scheme in which all the unit holders are charities, and “charity” has the same meaning as in paragraph 1. (3) In this Schedule as it applies by virtue of this paragraph— (a) references to the purchaser in paragraphs (a) and (b) of paragraph 1(2) are to the beneficiaries or unit holders, or any of them; (b) the reference to the purchaser in paragraph 2(3)(a) is to any of the beneficiaries or unit holders; (c) the reference in paragraph 3(2)(b) to the charitable purposes of C is to those of the beneficiaries or unit holders, or any of them. (3) In paragraph 1(1) of that Schedule, for “this paragraph” substitute “ this Schedule ”. (4) In paragraph 2(1) of that Schedule, for “paragraph 1 (charities relief)” substitute “ this Schedule ”. (5) In section 81 (further return where relief withdrawn), in paragraph (c) of subsection (4) (meaning of “the disqualifying event”), after “paragraph 2(3)” insert “ or 3(2) ”. (6) In section 87 (interest on unpaid tax), in paragraph (c) of subsection (4) (meaning of “the disqualifying event”), after “paragraph 2(3)” insert “ or 3(2) ”. (7) This section applies in relation to any transaction of which the effective date (within the meaning of Part 4 of the Finance Act 2003 (c. 14)) is on or after the day on which this Act is passed.

Propose a change

303 Shared ownership leases

(1) In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy, shared ownership leases etc), after paragraph 4 insert— Shared ownership lease: treatment of staircasing transaction 4A (1) This paragraph applies where under a shared ownership lease— (a) the lessee or lessees have the right, on the payment of a sum, to require the terms of the lease to be altered so that the rent payable under it is reduced, and (b) by exercising that right the lessee or lessees acquire an interest, additional to one already held, calculated by reference to the market value of the dwelling and expressed as a percentage of the dwelling or its value (a “share of the dwelling”). (2) Such an acquisition is exempt from charge if— (a) an election was made for tax to be charged in accordance with paragraph 2 or, as the case may be, paragraph 4 and any tax chargeable in respect of the grant of the lease has been paid, or (b) immediately after the acquisition the total share of the dwelling held by the lessee or lessees does not exceed 80%. (3) In this paragraph “shared ownership lease” means a lease granted— (a) by a qualifying body, or (b) in pursuance of the preserved right to buy, in relation to which the conditions in paragraph 2(2) or 4(2) are met. (4) Section 118 (meaning of “market value”) does not apply in relation to the references in this paragraph to the market value of the dwelling. . (2) In sub-paragraph (1) of paragraph 5 of that Schedule (meaning of “qualifying body” and “preserved right to buy”) for “2 and 4” substitute “ 2, 4 and 4A ”. (3) In Schedule 19 to that Act (stamp duty land tax: commencement and transitional provisions), in paragraph 7 (earlier related transactions under stamp duty), for sub-paragraph (2) substitute— (2) In paragraph 3 of Schedule 9 (relief for transfer of reversion under shared ownership lease where election made for market value treatment) and paragraph 4A of that Schedule (shared ownership lease: treatment of staircasing transaction) as they apply in a case where the original lease was granted before the implementation date— (a) a reference to a lease to which paragraph 2 of that Schedule applies shall be read as a reference to a lease to which section 97 of the Finance Act 1980 applied (which made provision for stamp duty corresponding to that paragraph), and (b) a reference to an election having been made for tax to be charged in accordance with paragraph 2 or 4 of that Schedule shall be read as a reference to the lease having contained a statement of the parties' intention such as is mentioned in section 97(2)(d) of the Finance Act 1980 or, as the case may be, paragraph (d) of section 108(5) of the Finance Act 1981 (which made provision for stamp duty corresponding to paragraph 4). . (4) Subsections (1) and (2) apply in relation to an acquisition after 17th March 2004. (5) Subsection (3) is deemed to have come into force on 1st December 2003.

Propose a change

304 Application to certain partnership transactions

Schedule 41 to this Act (which makes provision with respect to the application of stamp duty land tax to certain transactions involving partnerships) has effect.

Propose a change

305 Liability of partners

In paragraph 7 of Schedule 15 to the Finance Act 2003 (c. 14) (stamp duty land tax: joint and several liability of responsible partners) after sub-paragraph (1) insert— (1A) No amount may be recovered by virtue of sub-paragraph (1)(a) or (b) from a person who did not become a responsible partner until after the effective date of the transaction in respect of which the tax is payable.

Propose a change

305A Introduction

(1) This Part makes provision about the disclosure of information in relation to arrangements, or proposed arrangements, that enable, or might be expected to enable, a person to obtain a tax advantage. (2) Among other things, this Part— (a) imposes duties to provide information to HMRC (and others); (b) allows HMRC to allocate reference numbers in relation to arrangements and proposed arrangements (in cases where the disclosure duties have been complied with and in other cases); (c) makes provision about publication of information about arrangements and proposed arrangements, and persons involved in their supply; (d) makes provision about penalties.

Propose a change

306 Meaning of “notifiable arrangements” and “notifiable proposal”

(1) In this Part “notifiable arrangements” means any arrangements which— (a) fall within any description prescribed by the Treasury by regulations, (b) enable, or might be expected to enable, any person to obtain an advantage in relation to any tax that is so prescribed in relation to arrangements of that description, and (c) are such that the main benefit, or one of the main benefits, that might be expected to arise from the arrangements is the obtaining of that advantage. (2) In this Part “notifiable proposal” means a proposal for arrangements which, if entered into, would be notifiable arrangements (whether the proposal relates to a particular person or to any person who may seek to take advantage of it).

Propose a change

306A Doubt as to notifiability

(1) HMRC may apply to the tribunal for an order that— (a) a proposal is to be treated as notifiable, or (b) arrangements are to be treated as notifiable. (2) An application must specify— (a) the proposal or arrangements in respect of which the order is sought, and (b) the promoter. (3) On an application the tribunal may make the order only if satisfied that HMRC— (a) have taken all reasonable steps to establish whether the proposal or arrangements are notifiable, and (b) have reasonable grounds for suspecting that the proposal or arrangements may be notifiable. (4) Reasonable steps under subsection (3)(a) may (but need not) include taking action under section 313A or 313B. (5) Grounds for suspicion under subsection (3)(b) may include— (a) the fact that the relevant arrangements fall within a description prescribed under section 306(1)(a); (b) an attempt by the promoter to avoid or delay providing information or documents about the proposal or arrangements under or by virtue of section 313A or 313B; (c) the promoter's failure to comply with a requirement under or by virtue of section 313A or 313B in relation to another proposal or other arrangements. (6) Where an order is made under this section in respect of a proposal or arrangements, the prescribed period for the purposes of section 308(1) or (3) in so far as it applies by virtue of the order— (a) shall begin after a date prescribed for the purpose, and (b) may be of a different length than the prescribed period for the purpose of other applications of section 308(1) or (3). (7) An order under this section in relation to a proposal or arrangements is without prejudice to the possible application of section 308, other than by virtue of this section, to the proposal or arrangements.

Propose a change

307 Meaning of “promoter”

(1) For the purposes of this Part a person is a promoter— (a) in relation to a notifiable proposal, if, in the course of a relevant business, the person (“P”)— (i) is to any extent responsible for the design of the proposed arrangements, (ii) makes a firm approach to another person (“C”) in relation to the notifiable proposal with a view to P making the notifiable proposal available for implementation by C or any other person, or (iii) makes the notifiable proposal available for implementation by other persons, and (b) in relation to notifiable arrangements, if he is by virtue of paragraph (a)(ii) or (iii) a promoter in relation to a notifiable proposal which is implemented by those arrangements or if, in the course of a relevant business, he is to any extent responsible for— (i) the design of the arrangements, or (ii) the organisation or management of the arrangements. (1A) For the purposes of this Part a person is an introducer in relation to a notifiable proposal if the person makes a marketing contact with another person in relation to the notifiable proposal. (2) In this section “relevant business” means any trade, profession or business which— (a) involves the provision to other persons of services relating to taxation, or (b) is carried on by a bank, as defined by section 1120 of the Corporation Tax Act 2010 , or by a securities house, as defined by section 1009(3) of that Act. (3) For the purposes of this section anything done by a company is to be taken to be done in the course of a relevant business if it is done for the purposes of a relevant business falling within subsection (2)(b) carried on by another company which is a member of the same group. (4) Section 170 of the Taxation of Chargeable Gains Act 1992 (c. 12) has effect for determining for the purposes of subsection (3) whether two companies are members of the same group, but as if in that section— (a) for each of the references to a 75 per cent subsidiary there were substituted a reference to a 51 per cent subsidiary, and (b) subsection (3)(b) and subsections (6) to (8) were omitted. (4A) For the purposes of this Part a person makes a firm approach to another person in relation to a ... proposal if the person makes a marketing contact with the other person in relation to the ... proposal at a time when the proposed arrangements have been substantially designed. (4B) For the purposes of this Part a person makes a marketing contact with another person in relation to a notifiable proposal if— (a) the person communicates information about the notifiable proposal to the other person, (b) the communication is made with a view to that other person, or any other person, entering into transactions forming part of the proposed arrangements, and (c) the information communicated includes an explanation of the advantage in relation to any tax that might be expected to be obtained from the proposed arrangements. (4C) For the purposes of subsection (4A) proposed arrangements have been substantially designed at any time if by that time the nature of the transactions to form part of them has been sufficiently developed for it to be reasonable to believe that a person who wished to obtain the advantage mentioned in subsection (4B)(c) might enter into— (a) transactions of the nature developed, or (b) transactions not substantially different from transactions of that nature. (5) A person is not to be treated as a promoter or introducer for the purposes of this Part by reason of anything done in prescribed circumstances. (6) In the application of this Part to a proposal or arrangements which are not notifiable, a reference to a promoter or introducer is a reference to a person who would be a promoter or introducer under subsections (1) to (5) if the proposal or arrangements were notifiable.

Propose a change

308 Duties of promoter

(1) A person who is a promoter in relation to a notifiable proposal must, within the prescribed period after the relevant date, provide the Board with prescribed information relating to the notifiable proposal. (2) In subsection (1) “the relevant date” means the earliest of the following— (za) the date on which the promoter first makes a firm approach to another person in relation to a notifiable proposal, (a) the date on which the promoter makes the notifiable proposal available for implementation by any other person, or (b) the date on which the promoter first becomes aware of any transaction forming part of notifiable arrangements implementing the notifiable proposal. (3) A person who is a promoter in relation to notifiable arrangements must, within the prescribed period after the date on which he first becomes aware of any transaction forming part of the notifiable arrangements, provide the Board with prescribed information relating to those arrangements, unless those arrangements implement a proposal in respect of which notice has been given under subsection (1). (4) Subsection (4A) applies where a person complies with subsection (1) in relation to a notifiable proposal for arrangements and another person is— (a) also a promoter in relation to the notifiable proposal or is a promoter in relation to a notifiable proposal for arrangements which are substantially the same as the proposed arrangements (whether they relate to the same or different parties), or (b) a promoter in relation to notifiable arrangements implementing the notifiable proposal or notifiable arrangements which are substantially the same as notifiable arrangements implementing the notifiable proposal (whether they relate to the same or different parties). (4A) Any duty of the other person under subsection (1) or (3) in relation to the notifiable proposal or notifiable arrangements is discharged if— (a) the person who complied with subsection (1) has notified the identity and address of the other person to HMRC or the other person holds the reference number allocated to the proposed notifiable arrangements under section 311, and (b) the other person holds the information provided to HMRC in compliance with subsection (1). (4B) Subsection (4C) applies where a person complies with subsection (3) in relation to notifiable arrangements and another person is— (a) a promoter in relation to a notifiable proposal for arrangements which are substantially the same as the notifiable arrangements (whether they relate to the same or different parties), or (b) also a promoter in relation to the notifiable arrangements or notifiable arrangements which are substantially the same (whether they relate to the same or different parties). (4C) Any duty of the other person under subsection (1) or (3) in relation to the notifiable proposal or notifiable arrangements is discharged if— (a) the person who complied with subsection (3) has notified the identity and address of the other person to HMRC or the other person holds the reference number allocated to the notifiable arrangements under section 311, and (b) the other person holds the information provided to HMRC in compliance with subsection (3). (5) Where a person is a promoter in relation to two or more notifiable proposals or sets of notifiable arrangements which are substantially the same (whether they relate to the same parties or different parties), he need not provide information under subsection (1) or (3) if he has already provided information under either of those subsections in relation to any of the other proposals or arrangements. (6) The Treasury may by regulations provide for this section to apply with modifications in relation to proposals or arrangements that— (a) enable, or might be expected to enable, a person to obtain an advantage in relation to stamp duty land tax, and (b) are of a description specified in the regulations.

Propose a change

308A Supplemental information

(1) This section applies where— (a) a promoter (P) has provided information in purported compliance with section 308(1) or (3), but (b) HMRC believe that P has not provided all the prescribed information. (2) HMRC may apply to the tribunal for an order requiring P to provide specified information about, or documents relating to, the notifiable proposal or arrangements. (3) The tribunal may make an order under subsection (2) in respect of information or documents only if satisfied that HMRC have reasonable grounds for suspecting that the information or documents— (a) form part of the prescribed information, or (b) will support or explain the prescribed information. (4) A requirement by virtue of subsection (2) shall be treated as part of P's duty under section 308(1) or (3). (5) In so far as P's duty under section 308(1) or (3) arises out of a requirement by virtue of subsection (2) above, the prescribed period shall begin after a date prescribed for the purpose. (6) In so far as P's duty under section 308(1) or (3) arises out of a requirement by virtue of subsection (2) above, the prescribed period— (a) may be of a different length than the prescribed period for the purpose of other applications of section 308(1) or (3), and (b) may be extended by HMRC by direction.

Propose a change

309 Duty of person dealing with promoter outside United Kingdom

(1) Any person (“the client”) who enters into any transaction forming part of any notifiable arrangements in relation to which— (a) a promoter is resident outside the United Kingdom, and (b) no promoter is resident in the United Kingdom, must, within the prescribed period after doing so, provide the Board with prescribed information relating to the notifiable arrangements. (2) Compliance with section 308(1) by any promoter in relation to the notifiable arrangements discharges the duty of the client under subsection (1).

Propose a change

310 Duty of parties to notifiable arrangements not involving promoter

Any person who enters into any transaction forming part of notifiable arrangements as respects which neither he nor any other person in the United Kingdom is liable to comply with section 308 (duties of promoter) or section 309 (duty of person dealing with promoter outside the United Kingdom) must at the prescribed time provide the Board with prescribed information relating to the notifiable arrangements.

Propose a change

310A Duty to provide further information requested by HMRC

(1) This section applies where— (a) a person has provided the prescribed information about notifiable proposals or arrangements in compliance with section 308, 309 or 310, or (b) a person has provided information in purported compliance with section 309 or 310 but HMRC believe that the person has not provided all the prescribed information. (2) HMRC may require the person to provide— (a) further specified information about the notifiable proposals or arrangements (in addition to the prescribed information under section 308, 309 or 310); (b) documents relating to the notifiable proposals or arrangements. (3) Where HMRC impose a requirement on a person under this section, the person must comply with the requirement within— (a) the period of 10 working days beginning with the day on which HMRC imposed the requirement, or (b) such longer period as HMRC may direct.

Propose a change

310B Failure to provide information under section 310A: application to the Tribunal

(1) This section applies where HMRC— (a) have required a person to provide information or documents under section 310A, but (b) believe that the person has failed to provide the information or documents required. (2) HMRC may apply to the tribunal for an order requiring the person to provide the information or documents required. (3) The tribunal may make an order under subsection (2) only if satisfied that HMRC have reasonable grounds for suspecting that the information or documents will assist HMRC in considering the notifiable proposals or arrangements. (4) Where the tribunal makes an order under subsection (2), the person must comply with it within— (a) the period of 10 working days beginning with the day on which the tribunal made the order, or (b) such longer period as HMRC may direct.

Propose a change

← Find another law