Tobacco Products Duty Act 1979
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Change 1
7D Sections 7A to 7C: supplemental
(1) Payment of a penalty imposed under section 7B(4)(a) shall not be allowed as a deduction in computing income, profits or losses for purposes of income tax or corporation tax. (2) A penalty may be enforced as a debt due to the Commissioners. (3) In sections 7A to 7C and this section a reference to a manufacturer of cigarettes or hand-rolling tobacco includes a reference to a person who, in the opinion of the Commissioners— (a) arranges to have cigarettes or hand-rolling tobacco manufactured, and (b) is wholly or partly responsible for the initial supply of the products after manufacture. (4) Where a manufacturer is a parent undertaking or a subsidiary undertaking (within the meaning of section 1162 of the Companies Act 2006) the Commissioners may— (a) treat the parent and its subsidiaries as a single undertaking for the purpose of sections 7A to 7C and this section, and (b) in particular, enforce a penalty imposed on the single undertaking as a debt owed by— (i) the single undertaking, (ii) the parent, or (iii) any of the subsidiaries. (5) A notice or guidance under section 7A(4) to (6)— (a) may be issued to manufacturers generally or to one or more manufacturers or classes of manufacturer, (b) may be expressed to apply to or in respect of manufacturers generally or only to or in respect of one or more specified manufacturers or classes of manufacturer, (c) may make provision generally or only in relation to specified cases or circumstances, (d) may make different provision in relation to different cases or circumstances, and (e) may be varied, replaced or revoked. (6) The Treasury may by order— (a) amend the list in section 7B(2) or 7C(2) so as to— (i) add an entry, (ii) remove an entry, or (iii) amend an entry; (b) amend sections 7A to 7C and this section so as to alter the class of tobacco products in relation to which they apply. (7) An order under subsection (6)— (a) may include transitional, consequential or incidental provision, (b) shall be made by statutory instrument, (c) shall be laid before the House of Commons, and (d) shall cease to have effect unless approved by resolution of the House of Commons within the period of 28 days beginning with the date on which it is laid (disregarding any period of dissolution or prorogation or of adjournment for more than four days).
7D Sections 7A to 7C: supplemental
(1) Payment of a penalty imposed under section 7B(4)(a) shall not be allowed as a deduction in computing income, profits or losses for purposes of income tax or corporation tax. (2) A penalty may be enforced as a debt due to the Commissioners. (3) In sections 7A to 7C and this section a reference to a manufacturer of cigarettes or hand-rolling tobacco includes a reference to a person who, in the opinion of the Commissioners— (a) arranges to have cigarettes or hand-rolling tobacco manufactured, and (b) is wholly or partly responsible for the initial supply of the products after manufacture. (4) Where a manufacturer is a parent undertaking or a subsidiary undertaking (within the meaning of section 1162 of the Companies Act 2006) the Commissioners may— (a) treat the parent and its subsidiaries as a single undertaking for the purpose of sections 7A to 7C and this section, and (b) in particular, enforce a penalty imposed on the single undertaking as a debt owed by— (i) the single undertaking, (ii) the parent, or (iii) any of the subsidiaries. (5) A notice or guidance under section 7A(4) to (6)— (a) may be issued to manufacturers generally or to one or more manufacturers or classes of manufacturer, (b) may be expressed to apply to or in respect of manufacturers generally or only to or in respect of one or more specified manufacturers or classes of manufacturer, (c) may make provision generally or only in relation to specified cases or circumstances, (d) may make different provision in relation to different cases or circumstances, and (e) may be varied, replaced or revoked. (6) The Treasury may by order— (a) amend the list in section 7B(2) or 7C(2) so as to— (i) add an entry, (ii) remove an entry, or (iii) amend an entry; (b) amend sections 7A to 7C and this section so as to alter the class of tobacco products in relation to which they apply. (7) An order under subsection (6)— (a) may include transitional, consequential or incidental provision, (b) shall be made by statutory instrument, (c) shall be laid before the House of Commons, and (d) shall cease to have effect unless approved by resolution of the House of Commons within the period of 28 days beginning with the date on which it is laid (disregarding any period of dissolution or prorogation or of adjournment for more than four days).
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