Change 1 Article Choose an article Title and introductory text 1 Income tax charge and rates for 2016-17 2 Basic rate limit for 2017-18 3 Personal allowance for 2017-18 4 Savings allowance, and savings nil rate etc 5 Rates of tax on dividend income, and abolition of dividend tax credits etc 6 Structure of income tax rates 7 Taxable benefits: application of Chapters 5 to 7 of Part 3 of ITEPA 2003 8 Cars: appropriate percentage for 2019-20 and subsequent tax years 9 Cars which cannot emit CO2: appropriate percentage for 2017-18 and 2018-19 10 Diesel cars: appropriate percentage 11 Cash equivalent of benefit of a van 12 Tax treatment of payments from sporting testimonials 13 Exemption for trivial benefits provided by employers 14 Travel expenses of workers providing services through intermediaries 15 Taxable benefits: PAYE 16 Employee share schemes 17 Securities options 18 Employment income provided through third parties 19 Standard lifetime allowance from 2016-17 20 Pensions bridging between retirement and state pension 21 Dependants' scheme pensions 22 Pension flexibility 23 Netherlands Benefit Act for Victims of Persecution 1940-1945 24 Fixed-rate deductions for use of home for business purposes 25 Averaging profits of farmers etc 26 Relief for finance costs related to residential property businesses 27 Individual investment plans of deceased investors 28 EIS, SEIS and VCTs: exclusion of energy generation 29 EIS and VCTs: definition of certain periods 30 EIS and VCTs: election 31 VCTs: requirements for giving approval 32 Income tax relief for irrecoverable peer-to-peer loans 33 Transactions in securities: company distributions 34 Transactions in securities: procedure for counteraction of advantage 35 Distributions in a winding up 36 Disguised investment management fees 37 Income-based carried interest 38 Income-based carried interest: persons coming to the UK 39 Deduction of income tax at source 40 Deduction of income tax at source: intellectual property 41 Deduction of income tax at source: intellectual property - tax avoidance 42 Receipts from intellectual property: territorial scope 43 Receipts from intellectual property: diverted profits tax 44 Tax treatment of supplementary welfare payments: Northern Ireland 45 Charge for financial year 2017 46 Rate of corporation tax for financial year 2020 47 Abolition of vaccine research relief 48 Cap on R&D aid 49 Loan relationships and derivative contracts 50 Loans to participators etc: rate of tax 51 Loans to participators etc: trustees of charitable trusts 52 Intangible fixed assets: pre-FA 2002 assets 53 Intangible fixed assets: transfers treated as at market value 54 Tax relief for production of orchestral concerts 55 Television and video games tax relief: consequential amendments 56 Banking companies: excluded entities 57 Banking companies: restrictions on loss relief etc 58 Reduction in rate of supplementary charge 59 Investment allowance: disqualifying conditions 60 Investment allowance: power to expand meaning of “relevant income” 61 Onshore allowance: disqualifying conditions 62 Cluster area allowance: disqualifying conditions 63 Cluster area allowance: power to expand meaning of “relevant income” 64 Profits from the exploitation of patents etc 65 Power to make regulations about the taxation of securitisation companies 66 Hybrid and other mismatches 67 Insurance companies carrying on long-term business 68 Taking over payment obligations as lessee of plant or machinery 69 Capital allowances: designated assisted areas 70 Capital allowances: anti-avoidance relating to disposals 71 Trade and property business profits: money's worth 72 Replacement and alteration of tools 73 Property business deductions: replacement of domestic items 74 Property business deductions: wear and tear allowance 75 Transfer pricing: application of OECD principles 76 Corporation tax: territorial scope etc 77 Corporation tax: transactions in UK land 78 Income tax: territorial scope etc 79 Income tax: transactions in UK land 80 Pre-trading expenses 81 Commencement and transitional provision: sections 76, 77 and 80 82 Commencement and transitional provision: sections 78 and 79 83 Reduction in rate of capital gains tax 84 Entrepreneurs' relief: associated disposals 85 Entrepreneurs' relief: disposal of goodwill 86 Entrepreneurs' relief: “trading company” and “trading group” 87 Investors' relief 88 Employee shareholder shares: limit on exemption 89 Employee shareholder shares: disguised fees and carried interest 90 Disposals of UK residential property by non-residents etc 91 NRCGT returns 92 Addition of CGT to Provisional Collection of Taxes Act 1968 93 Inheritance tax: increased nil-rate band 94 Inheritance tax: pension drawdown funds 95 Inheritance tax: victims of persecution during Second World War era 96 Inheritance tax: gifts for national purposes etc 97 Estate duty: objects of national, scientific, historic or artistic interest 98 Apprenticeship levy 99 Charge to apprenticeship levy 100 A person's pay bill for a tax year 101 Connected companies 102 Connected charities 103 Anti-avoidance 104 Application of other regimes to apprenticeship levy 105 Assessment, payment etc 106 Recovery from third parties 107 Real time information 108 Time limits for assessment 109 No deduction in respect of levy to be made from earnings 110 Collectors and court proceedings 111 Records 112 Information and inspection powers 113 Penalties 114 Appeals 115 Tax agents: dishonest conduct 116 Provisional collection of apprenticeship levy 117 Crown application 118 Charities which are “connected” with one another 119 Connection between charities: further provision 120 General interpretation 121 Regulations 122 VAT: power to provide for persons to be eligible for refunds 123 VAT: representatives and security 124 VAT: joint and several liability of operators of online marketplaces 125 VAT: Isle of Man charities 126 VAT: women's sanitary products 127 SDLT: calculating tax on non-residential and mixed transactions 128 SDLT: higher rates for additional dwellings etc 129 SDLT higher rate: land purchased for commercial use 130 SDLT higher rate: acquisition under regulated home reversion plan 131 SDLT higher rate: properties occupied by certain employees etc 132 SDLT: minor amendments of section 55 of FA 2003 133 SDLT: property authorised investment funds and co-ownership authorised contractual schemes 134 ATED: regulated home reversion plans 135 ATED: properties occupied by certain employees etc 136 ATED: alternative property finance - land in Scotland 137 Stamp duty: acquisition of target company's share capital 138 Stamp duty: transfers to depositaries or providers of clearance services 139 SDRT: transfers to depositaries or providers of clearance services 140 Petroleum revenue tax: rate 141 Insurance premium tax: standard rate 142 Landfill tax: rates from 1 April 2017 143 Landfill tax: rates from 1 April 2018 144 CCL: abolition of exemption for electricity from renewable sources 145 CCL: main rates from 1 April 2017 146 CCL: main rates from 1 April 2018 147 CCL: main rates from 1 April 2019 148 CCL: reduced rates from 1 April 2019 149 APD: rates from 1 April 2016 150 VED: rates for light passenger vehicles, light goods vehicles, motorcycles etc 151 VED: extension of old vehicles exemption from 1 April 2017 152 Gaming duty: rates 153 Fuel duties: aqua methanol etc 154 Tobacco products duty: rates 155 Alcoholic liquor duties: rates 156 General anti-abuse rule: provisional counteractions 157 General anti-abuse rule: binding of tax arrangements to lead arrangements 158 General anti-abuse rule: penalty 159 Serial tax avoidance 160 Promoters of tax avoidance schemes 161 Large businesses: tax strategies and sanctions for persistently unco-operative behaviour 162 Penalties for enablers of offshore tax evasion or non-compliance 163 Penalties in connection with offshore matters and offshore transfers 164 Offshore tax errors etc: publishing details of deliberate tax defaulters 165 Asset-based penalties for offshore inaccuracies and failures 166 Offences relating to offshore income, assets and activities 167 Simple assessments 168 Time limit for self assessment tax returns 169 HMRC power to withdraw notice to file a tax return 170 Rate of interest applicable to judgment debts etc: Scotland 171 Rate of interest applicable to judgment debts etc: Northern Ireland 172 Rate of interest applicable to judgment debts etc: England and Wales 173 Gift aid: power to impose penalties on charities and intermediaries 174 Proceedings under customs and excise Acts: prosecuting authority 175 Detention and seizure under CEMA 1979: notice requirements etc 176 Data-gathering powers: providers of payment or intermediary services 177 Data-gathering powers: daily penalties for extended default 178 Extension of provisions about set-off to Scotland 179 Raw tobacco approval scheme 180 Powers to obtain information about certain tax advantages 181 Power to publish state aid information 182 Information powers: supplementary 183 Qualifying transformer vehicles 190 Interpretation 191 Short title SCHEDULE 1 Abolition of dividend tax credits etc SCHEDULE 2 Sporting testimonial payments SCHEDULE 3 Employee share schemes: minor amendments SCHEDULE 4 Pensions: lump sum allowance and lump sum and death benefit allowance: transitional provision SCHEDULE 5 Pension flexibility SCHEDULE 6 Deduction of income tax at source SCHEDULE 7 Loan relationships and derivative contracts SCHEDULE 8 Tax relief for production of orchestral concerts SCHEDULE 9 Profits from the exploitation of patents etc: consequential SCHEDULE 10 Hybrid and other mismatches SCHEDULE 11 Disposals of non-UK residential property interests SCHEDULE 12 Disposals of residential property interests: gains and losses SCHEDULE 13 Entrepreneurs' relief: “trading company” and “trading group” SCHEDULE 14 Investors' relief SCHEDULE 15 Inheritance tax: increased nil-rate band SCHEDULE 16 Property authorised investment funds and co-ownership authorised contractual schemes SCHEDULE 17 Aqua methanol etc SCHEDULE 18 Serial tax avoidance SCHEDULE 19 Large businesses: tax strategies and sanctions SCHEDULE 20 Penalties for enablers of offshore tax evasion or non-compliance SCHEDULE 21 Penalties relating to offshore matters and offshore transfers SCHEDULE 22 Asset-based penalty for offshore inaccuracies and failures SCHEDULE 23 Simple assessments SCHEDULE 24 Tax advantages constituting the grant of state aid
What to do with it
As published
89 Employee shareholder shares: disguised fees and carried interest
(1) In section 236B of TCGA 1992 (exemption for employee shareholder shares), after subsection (2) insert—
(2A) Subsection (1) does not apply in relation to a gain accruing on a disposal where the proceeds of the disposal, in relation to any individual, constitute—
(a) a disguised fee for the purposes of Chapter 5E of Part 13 of ITA 2007 (see section 809EZA(3) of that Act), or
(b) carried interest within the meaning given by section 809EZC of that Act.
(2) The amendment made by this section has effect in relation to gains accruing on or after 6 April 2016.
Your wording
Your change, as a redline
89 Employee shareholder shares: disguised fees and carried interest
(1) In section 236B of TCGA 1992 (exemption for employee shareholder shares), after subsection (2) insert—
(2A) Subsection (1) does not apply in relation to a gain accruing on a disposal where the proceeds of the disposal, in relation to any individual, constitute—
(a) a disguised fee for the purposes of Chapter 5E of Part 13 of ITA 2007 (see section 809EZA(3) of that Act), or
(b) carried interest within the meaning given by section 809EZC of that Act.
(2) The amendment made by this section has effect in relation to gains accruing on or after 6 April 2016.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.