Law

Finance (No. 2) Act 2005

United Kingdom · statute

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

Open at the publisher →

In force since 2025-03-20, 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 ce164041d6f60db3c375f8e683e55e86484fc2abe7b015ad80851ba1b84279c0

Contents: 84 provisions
  1. Title and introductory text
  2. 1 Goods subject to warehousing regime: place of acquisition or supply
  3. 2 Cars: determination of consideration for fuel supplied for private use
  4. 3 Credit for, or repayment of, overstated or overpaid VAT
  5. 4 Section 3: consequential and supplementary provision
  6. 5 Reverse charge: gas and electricity valuation
  7. 6 Disclosure of value added tax avoidance schemes
  8. 7 Charge to income tax on lump sum
  9. 8 Meaning of “applicable year of assessment” in section 7
  10. 9 Interpretation and commencement
  11. 10 Consequential amendments
  12. 11 Donations to charity by individuals
  13. 12 Employee securities: anti-avoidance
  14. 13 Corporation tax exemption for organisations
  15. 14 Income tax deduction for payments to organisations
  16. 15 Corporation tax deduction for payments to organisations
  17. 16 Open-ended investment companies
  18. 17 Authorised unit trusts and open-ended investment companies
  19. 18 Section 17(3): specific powers
  20. 19 Section 17: commencement and procedure
  21. 20 Unauthorised unit trusts: chargeable gains
  22. 21 Unit trusts: treatment of accumulation units
  23. 22 Section 349B ICTA: exemption for distributions to PEP/ISA managers
  24. 23 Offshore funds
  25. 24 Deduction cases
  26. 25 Rules relating to deductions
  27. 26 Receipts cases
  28. 27 Rule as to qualifying payment
  29. 28 Notices under sections 24 and 26
  30. 29 Amendments relating to company tax returns
  31. 30 Interpretation
  32. 31 Commencement
  33. 32 Temporary non-residents
  34. 33 Trustees both resident and non-resident in a year of assessment
  35. 34 Location of assets etc
  36. 35 Exercise of options etc
  37. 36 Notional transfers within a group
  38. 37 Accounting practice and related matters
  39. 38 Charges on income for the purposes of corporation tax
  40. 39 Avoidance involving financial arrangements
  41. 40 Transfer pricing and loan relationships
  42. 41 Intangible fixed assets
  43. 42 Insurance companies etc
  44. 43 Implementation of the amended Parent/Subsidiary Directive
  45. 44 Territories with a lower level of taxation: reduction of amount of local tax
  46. 45 Lloyd's underwriters: assessment and collection of tax
  47. 46 Energy Act 2004 and Health Protection Agency Act 2004
  48. 47 E-conveyancing
  49. 48 Disclosure of information contained in land transaction returns
  50. 49 Miscellaneous amendments
  51. 50 Power to extend exceptions relating to recognised exchanges
  52. 51 Chargeable gains
  53. 52 Intangible fixed assets
  54. 53 Intangible fixed assets: permanent establishment in another member State
  55. 54 Loan relationships
  56. 55 Derivative contracts
  57. 56 Capital allowances
  58. 57 Stamp duty reserve tax
  59. 58 Bearer instruments: stamp duty and stamp duty reserve tax
  60. 59 Consequential amendments
  61. 60 Residence
  62. 61 Continuity for transitional purposes
  63. 62 Groups
  64. 63 Groups: intangible fixed assets
  65. 64 Held-over gains
  66. 65 Restrictions on set-off of pre-entry losses
  67. 66 Vehicle excise duty: late renewal supplements
  68. 67 Reorganisation of water and sewerage services in Northern Ireland
  69. 68 EU Mutual Assistance Directive: notifications
  70. 69 Abolition of statutory adjudicator for National Savings and Investments
  71. 70 Repeals
  72. 71 Interpretation
  73. 72 Short title
  74. SCHEDULE 1 Disclosure of value added tax avoidance schemes
  75. SCHEDULE 2 Employee securities: anti-avoidance
  76. SCHEDULE 3 Qualifying scheme
  77. SCHEDULE 4 Chargeable gains: location of assets etc
  78. SCHEDULE 5 Chargeable gains: options
  79. SCHEDULE 6 Accounting practice and related matters
  80. SCHEDULE 7 Avoidance involving financial arrangements
  81. SCHEDULE 8 Financing of companies etc: transfer pricing and loan relationships
  82. SCHEDULE 9 Insurance companies etc
  83. SCHEDULE 10 Stamp duty land tax: miscellaneous amendments
  84. SCHEDULE 11 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

84 provisions

SCHEDULE 8 Financing of companies etc: transfer pricing and loan relationships

Section 40 Amendments of Schedule 28AA to ICTA 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments of Schedule 9 to FA 1996 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement and transitional provisions 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

SCHEDULE 9 Insurance companies etc

Section 42 Expenses of insurance companies Interpretative provisions relating to insurance companies Amendment of Chapter 1 of Part 12 of ICTA etc Apportionment of income and gains 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 432B apportionment: participating funds 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers of business: deemed periodical return 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers of business: modification of section 444AC of ICTA 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers of business: transferor shares are assets of transferee's long-term insurance fund etc 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equalisation reserves for general business 9 (1) Section 444BA of ICTA is amended as follows. (2) In subsection (11) (meaning of “equalisation reserves rules”) for “Chapter 6 of the Prudential Sourcebook (Insurers)” substitute “ chapter 7.5 of the Integrated Prudential Sourcebook ”. (3) The amendment made by this paragraph has effect in relation to periods of account ending on or after 31st December 2004. Unappropriated surplus on valuation 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant financial reinsurance contracts 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipts to be taken into account Meaning of “brought into account” Changes in recognised accounts: attribution of amounts carried forward under s.432F of ICTA Charge of certain receipts of basic life assurance business Corporation tax: policy holders' fraction of profits 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overseas life insurance companies 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “pension business” 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous references to “class” of business 19 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The amendments made by this paragraph have effect in relation to periods of account beginning on or after 1st January 2005. Transfers of business: references to accounting period ending with day of transfer 20 (1) Section 12 of ICTA (corporation tax: basis of, and periods for, assessment) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The amendments made by sub-paragraphs (2) to (5) have effect in relation to insurance business transfer schemes taking place on or after 16th March 2005. (8) The amendment made by sub-paragraph (6) has effect where the accounting period for which the net amount represents an excess of losses over gains is an accounting period beginning on or after 1st January 2003.

Propose a change

SCHEDULE 10 Stamp duty land tax: miscellaneous amendments

Section 49 Part 1 Amendments coming into force in accordance with paragraph 16 Introduction 1 Part 4 of FA 2003 (stamp duty land tax) is amended in accordance with this Part of this Schedule. Transfer of rights: exclusion of transaction to which alternative finance provisions apply 2 In section 45 (contract and conveyance: effect of transfer of rights) at the end of subsection (3) insert “ except in a case where the secondary contract gives rise to a transaction that is exempt from charge by virtue of subsection (3) of section 73 (alternative property finance: land sold to financial institution and re-sold to individual) ”. Group relief 3 In paragraph 1 of Schedule 7 (group relief), in sub-paragraph (7) for “paragraph 3” substitute “ paragraphs 3 and 4A ”. 4 In paragraph 3 of Schedule 7 (withdrawal of group relief)— (a) for sub-paragraph (2) substitute— (2) The amount chargeable is the tax that would have been chargeable in respect of the relevant transaction but for group relief if the chargeable consideration for that transaction had been an amount equal to— (a) the market value of the subject-matter of the transaction, and (b) if the acquisition was the grant of a lease at a rent, that rent, or, as the case may be, an appropriate proportion of the tax that would have been so chargeable. , and (b) at the end of sub-paragraph (5) insert “ and paragraph 4A (withdrawal of group relief in certain cases involving successive transactions) ”. 5 In paragraph 4 of Schedule 7 (cases in which group relief is not withdrawn)— (a) in sub-paragraph (3), for paragraph (b) substitute— (b) another company that— (i) is above the vendor in the group structure, and (ii) as a result of the transaction ceases to be a member of the same group as the purchaser. , and (b) in sub-paragraph (5), for “this purpose” substitute “ the purposes of sub-paragraphs (3) and (4) ”. 6 After paragraph 4 of Schedule 7 insert— Withdrawal of group relief in certain cases involving successive transactions 4A (1) Where, in the case of a transaction (“the relevant transaction”) that is exempt from charge by virtue of paragraph 1 (group relief)— (a) there is a change in the control of the purchaser, (b) that change occurs— (i) before the end of the period of three years beginning with the effective date of the relevant transaction, or (ii) in pursuance of, or in connection with, arrangements made before the end of that period, (c) apart from this paragraph, group relief in relation to the relevant transaction would not be withdrawn under paragraph 3, and (d) any previous transaction falls within sub-paragraph (2), paragraphs 3 and 4 have effect in relation to the relevant transaction as if the vendor in relation to the earliest previous transaction falling within sub-paragraph (2) were the vendor in relation to the relevant transaction. (2) A previous transaction falls within this sub-paragraph if— (a) the previous transaction is exempt from charge by virtue of paragraph 1, 7 or 8, (b) the effective date of the previous transaction is less than three years before the date of the event falling within sub-paragraph (1)(a), (c) the chargeable interest acquired under the relevant transaction by the purchaser in relation to that transaction is the same as, comprises, forms part of, or is derived from, the chargeable interest acquired under the previous transaction by the purchaser in relation to the previous transaction, and (d) since the previous transaction, the chargeable interest acquired under that transaction has not been acquired by any person under a transaction that is not exempt from charge by virtue of paragraph 1, 7 or 8. (3) For the purposes of sub-paragraph (1)(a) there is a change in the control of a company if— (a) any person who controls the company (alone or with others) ceases to do so, (b) a person obtains control of the company (alone or with others), or (c) the company is wound up. References to “control” in this sub-paragraph shall be construed in accordance with section 416 of the Taxes Act 1988. (4) If two or more transactions effected at the same time are the earliest previous transactions falling within sub-paragraph (2), the reference in sub-paragraph (1) to the vendor in relation to the earliest previous transaction is a reference to the persons who are the vendors in relation to the earliest previous transactions. (5) In this paragraph “arrangements” includes any scheme, agreement or understanding, whether or not legally enforceable. 7 In Schedule 17A (further provisions relating to leases) in paragraph 11(5)(a) for the words from “the purchaser” to the end substitute “ the event falling within paragraph 3(1)(a) of Schedule 7 (purchaser ceasing to be a member of the same group as the vendor), as read with paragraph 4A of that Schedule ”. Reconstruction and acquisition reliefs 8 In paragraph 8 of Schedule 7 (acquisition relief)— (a) in sub-paragraph (1)(b) for “the first and second conditions” substitute “ all the conditions ”, and (b) after sub-paragraph (5) insert— (5A) The third condition is that the undertaking or part acquired by the acquiring company has as its main activity the carrying on of a trade that does not consist wholly or mainly of dealing in chargeable interests. In this sub-paragraph “trade” has the same meaning as in the Taxes Act 1988. 9 In paragraph 9 of Schedule 7 (withdrawal of reconstruction or acquisition relief) for sub-paragraph (2) substitute— (2) The amount chargeable is the tax that would have been chargeable in respect of the relevant transaction but for reconstruction or acquisition relief if the chargeable consideration for that transaction had been an amount equal to— (a) the market value of the subject-matter of the transaction, and (b) if the acquisition was the grant of a lease at a rent, that rent, or, as the case may be, an appropriate proportion of the tax that would have been so chargeable. Withdrawal of money etc from partnership after transfer of chargeable interest 10 In Schedule 15 (partnerships) after paragraph 17 insert— Withdrawal of money etc from partnership after transfer of chargeable interest 17A (1) This paragraph applies where— (a) there is a transfer of a chargeable interest to a partnership (“the land transfer”); (b) the land transfer falls within paragraph (a), (b) or (c) of paragraph 10(1); (c) during the period of three years beginning with the date of the land transfer, a qualifying event occurs. (2) A qualifying event is— (a) a withdrawal from the partnership of money or money's worth which does not represent income profit by the relevant person— (i) withdrawing capital from his capital account, (ii) reducing his interest, or (iii) ceasing to be a partner, or (b) in a case where the relevant person has made a loan to the partnership— (i) the repayment (to any extent) by the partnership of the loan, or (ii) a withdrawal by the relevant person from the partnership of money or money's worth which does not represent income profit. (3) For this purpose the relevant person is— (a) where the land transfer falls within paragraph 10(1)(a) or (b), the person who makes the land transfer, and (b) where the land transfer falls within paragraph 10(1)(c), the partner concerned or a person connected with him. (4) The qualifying event— (a) shall be taken to be a land transaction, and (b) is a chargeable transaction. (5) The partners shall be taken to be the purchasers under the transaction. (6) Paragraphs 6 to 8 (responsibility of partners) have effect in relation to the transaction. (7) The chargeable consideration for the transaction shall be taken to be— (a) in a case falling within sub-paragraph (2)(a), equal to the value of the money or money's worth withdrawn from the partnership, (b) in a case falling within sub-paragraph (2)(b)(i), equal to the amount repaid, and (c) in a case falling within sub-paragraph (2)(b)(ii), equal to so much of the value of the money or money's worth withdrawn from the partnership as does not exceed the amount of the loan, but (in any case) shall not exceed the market value, as at the effective date of the land transfer, of the chargeable interest transferred by the land transfer, reduced by any amount previously chargeable to tax. Grant of lease to bare trustee 11 For paragraph 3 of Schedule 16 substitute— Bare trustee 3 (1) Subject to sub-paragraph (2), where a person acquires a chargeable interest as bare trustee, this Part applies as if the interest were vested in, and the acts of the trustee in relation to it were the acts of, the person or persons for whom he is trustee. (2) Sub-paragraph (1) does not apply in relation to the grant of a lease. (3) Where a lease is granted to a person as bare trustee, he is treated for the purposes of this Part, as it applies in relation to the grant of the lease, as purchaser of the whole of the interest acquired. (4) Where a lease is granted by a person as bare trustee, he is to be treated for the purposes of this Part, as it applies in relation to the grant of the lease, as vendor of the whole of the interest disposed of. 12 In paragraph 11 of Schedule 17A (cases where assignment of lease treated as grant of lease), for sub-paragraph (1) substitute— (1) This paragraph applies where the grant of a lease is exempt from charge by virtue of any of the provisions specified in sub-paragraph (3). Variation of lease 13 In paragraph 15A of Schedule 17A (leases: reduction of rent or term)— (a) after sub-paragraph (1) insert— (1A) Where any consideration in money or money's worth (other than an increase in rent) is given by the lessee for any variation of a lease, other than a variation of the amount of the rent or of the term of the lease, the variation is treated for the purposes of this Part as an acquisition of a chargeable interest by the lessee. , and (b) for the heading preceding that paragraph substitute “ Reduction of rent or term or other variation of lease ”. Loan or deposit in connection with grant or assignment of lease 14 After paragraph 18 of Schedule 17A insert— Loan or deposit in connection with grant or assignment of lease 18A (1) Where, under arrangements made in connection with the grant of a lease— (a) the lessee, or any person connected with him or acting on his behalf, pays a deposit, or makes a loan, to any person, and (b) the repayment of all or part of the deposit or loan is contingent on anything done or omitted to be done by the lessee or on the death of the lessee, the amount of the deposit or loan (disregarding any repayment) is to be taken for the purposes of this Part to be consideration other than rent given for the grant of the lease. (2) Where, under arrangements made in connection with the assignment of a lease— (a) the assignee, or any person connected with him or acting on his behalf, pays a deposit, or makes a loan, to any person, and (b) the repayment of all or part of the deposit or loan is contingent on anything done or omitted to be done by the assignee or on the death of the assignee, the amount of the deposit or loan (disregarding any repayment) is to be taken for the purposes of this Part to be consideration other than rent given for the assignment of the lease. (3) Sub-paragraph (1) or (2) does not apply in relation to a deposit if the amount that would otherwise fall within the sub-paragraph in question in relation to the grant or (as the case requires) assignment of the lease is not more than twice the relevant maximum rent. (4) The relevant maximum rent is— (a) in relation to the grant of a lease, the highest amount of rent payable in respect of any consecutive twelve month period in the first five years of the term; (b) in relation to the assignment of a lease, the highest amount of rent payable in respect of any consecutive twelve month period in the first five years of the term remaining outstanding as at the date of the assignment, the highest amount of rent being determined (in either case) in the same way as the highest amount of rent mentioned in paragraph 7(3). (5) Tax is not chargeable by virtue of this paragraph— (a) merely because of paragraph 9(2) of Schedule 5 (which excludes the 0% band in the Tables in section 55(2) in cases where the relevant rental figure exceeds £600 a year), or (b) merely because of paragraph 5(4)(b), 6(6)(b), 9(4)(b) or 10(6)(b) of Schedule 6 (which make similar provision in relation to land which is wholly or partly residential property and is wholly or partly situated in a disadvantaged area). (6) Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of this paragraph. 15 In section 80 (adjustment where contingency ceases or consideration is ascertained) after subsection (4) insert— (4A) Where the transaction (“the relevant transaction”) is the grant or assignment of a lease, no claim may be made under subsection (4)— (a) in respect of the repayment (in whole or part) of any loan or deposit that is treated by paragraph 18A of Schedule 17A as being consideration given for the relevant transaction, or (b) in respect of the refund of any of the consideration given for the relevant transaction, in a case where the refund— (i) is made under arrangements that were made in connection with the relevant transaction, and (ii) is contingent on the determination or assignment of the lease or on the grant of a chargeable interest out of the lease. Commencement 16 (1) Subject to sub-paragraph (7), paragraphs 3 to 7 have effect where the effective date of the relevant transaction (within the meaning of paragraph 3 or 4A of Schedule 7 to FA 2003) is after 19th May 2005. (2) Subject to sub-paragraph (7), paragraph 9 has effect where the effective date of the relevant transaction (within the meaning of paragraph 9 of Schedule 7 to FA 2003) is after 19th May 2005. (3) Subject to sub-paragraph (7), paragraph 10 has effect where the effective date of the transaction transferring the chargeable interest to the partnership is after 19th May 2005. (4) Subject to sub-paragraph (7), paragraphs 11 and 12 have effect where the effective date of the land transaction consisting of the grant of the lease is after 19th May 2005. (5) Subject to sub-paragraph (7), the amendments made by the other provisions of this Part of this Schedule have effect in relation to any transaction of which the effective date is after 19th May 2005. (6) In sub-paragraphs (7) and (8) “the specified date” means— (a) in relation to the amendments made by paragraphs 4(a) and 9, 19th May 2005, and (b) in relation to the amendments made by the other provisions of this Part of this Schedule, 16th March 2005. (7) The amendments made by this Part of this Schedule do not have effect— (a) in relation to any transaction which is effected in pursuance of a contract entered into and substantially performed on or before the specified date, or (b) subject to sub-paragraph (8), in relation to any other transaction which is effected in pursuance of a contract entered into on or before the specified date. (8) The exclusion by sub-paragraph (7)(b) of transactions effected in pursuance of contracts entered into on or before the specified date does not apply— (a) if there is any variation of the contract or assignment of rights under the contract after that date, (b) if the transaction is effected in consequence of the exercise after that date of any option, right of pre-emption or similar right, or (c) if after that date there is an assignment, subsale or other transaction (relating to the whole or part of the subject-matter of the contract) as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance to him. (9) In this paragraph “assignment”, “effective date” and “substantially performed” have the same meaning as in Part 4 of FA 2003. Part 2 Amendments coming into force in accordance with paragraph 22 Introduction 17 Part 4 of FA 2003 (stamp duty land tax) is amended in accordance with this Part of this Schedule. Transfers involving public bodies 18 In section 66 of FA 2003 (transfers involving public bodies) after subsection (5) insert— (6) In this section “company” means a company as defined by section 735(1) of the Companies Act 1985 or Article 3(1) of the Companies (Northern Ireland) Order 1986. Group relief: avoidance arrangements 19 In paragraph 2 of Schedule 7 (restrictions on availability of group relief) after sub-paragraph (4) insert— (4A) Group relief is not available if the transaction— (a) is not effected for bona fide commercial reasons, or (b) forms part of arrangements of which the main purpose, or one of the main purposes, is the avoidance of liability to tax. “Tax” here means stamp duty, income tax, corporation tax, capital gains tax or tax under this Part. Acquisition relief: avoidance arrangements 20 In paragraph 8 of Schedule 7 (acquisition relief)— (a) for sub-paragraph (5) substitute— (5) For this purpose companies are associated if one has control of the other or both are controlled by the same person or persons. The reference to control shall be construed in accordance with section 416 of the Taxes Act 1988. , and (b) after sub-paragraph (5A) (inserted by paragraph 8 of this Schedule) insert— (5B) The fourth condition is that the acquisition is effected for bona fide commercial reasons and does not form part of arrangements of which the main purpose, or one of the main purposes, is the avoidance of liability to tax. “Tax” here means stamp duty, income tax, corporation tax, capital gains tax or tax under this Part. (5C) In this paragraph “arrangements” include any scheme, agreement or understanding, whether or not legally enforceable. Stamp duty on transfers of partnership interests 21 (1) In Schedule 15 (stamp duty land tax: partnerships), paragraph 33 (which relates to stamp duty on transfers of partnership interests) is amended as follows. (2) For sub-paragraphs (1) and (2) substitute— (1) This paragraph applies where stamp duty under Part 1 of Schedule 13 to the Finance Act 1999 (transfer on sale) is, apart from this paragraph, chargeable on an instrument effecting a transfer of an interest in a partnership. (1A) If the relevant partnership property does not include any stock or marketable securities, no stamp duty shall (subject to sub-paragraph (8)) be chargeable on the instrument. (3) In sub-paragraph (3)— (a) at the beginning insert “ If the relevant partnership property includes stock or marketable securities, ”, (b) in paragraph (a), for the words from “the stock” to “property” substitute “ that stock and those securities ”, and (c) for paragraph (b) substitute— (b) the consideration for the transfer were equal to the appropriate proportion of the net market value of that stock and those securities immediately after the transfer. (4) After sub-paragraph (3) insert— (3A) The “relevant partnership property”, in relation to a transfer of an interest in a partnership, is the partnership property immediately after the transfer, other than any partnership property that was transferred to the partnership in connection with the transfer. (5) Omit sub-paragraph (4). (6) In sub-paragraph (5), for “That” substitute “ The appropriate ”. Commencement 22 (1) Subject to sub-paragraph (2), paragraphs 18 to 20 have effect in relation to any transaction of which the effective date is on or after the day on which this Act is passed. (2) Paragraphs 19 and 20 do not have effect— (a) in relation to any transaction which is effected in pursuance of a contract entered into and substantially performed on or before 16th March 2005, or (b) (subject to sub-paragraph (3)) in relation to any other transaction which is effected in pursuance of a contract entered into on or before that date. (3) The exclusion by sub-paragraph (2)(b) of transactions effected in pursuance of contracts entered into on or before 16th March 2005 does not apply— (a) if there is any variation of the contract or assignment of rights under the contract after that date, (b) if the transaction is effected in consequence of the exercise after that date of any option, right of pre-emption or similar right, or (c) if after that date there is an assignment, subsale or other transaction (relating to the whole or part of the subject-matter of the contract) as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance to him. (4) Paragraph 21 has effect in relation to any instrument executed on or after the day on which this Act is passed. (5) In this paragraph “assignment”, “effective date” and “substantially performed” have the same meaning as in Part 4 of FA 2003.

Propose a change

SCHEDULE 11 Repeals

Section 70 Part 1 Value added tax Disclosure of avoidance schemes These repeals come into force in accordance with an order under section 6(2) of this Act. Short title and chapter | Extent of repeal Value Added Tax Act 1994 (c. 23) | In Schedule 11A— in paragraph 6(1), the word “or” at the end of paragraph (a), and in paragraph 11(3), the word “and” at the end of paragraph (a). Part 2 Income tax, corporation tax and capital gains tax (1) Employee securities: anti-avoidance These repeals have effect in accordance with Schedule 2 to this Act. Short title and chapter | Extent of repeal Income Tax (Earnings and Pensions) Act 2003 (c. 1) | Section 420(5)(d). In section 424(1), paragraph (c) and the word “or” before it. Finance Act 2004 (c. 12) | Section 86(4). (2) Scientific research organisations The repeal of section 88(4)(a) of ITTOIA 2005 has effect in accordance with section 14 of this Act. The repeal of paragraph 55(b) of Schedule 1 to that Act has effect in accordance with section 15 of this Act. Short title and chapter | Extent of repeal Income Tax (Trading and Other Income) Act 2005 (c. 5) | Section 88(4)(a). In Schedule 1, paragraph 55(b). (3) Unit trusts and open-ended investment companies The repeal of paragraph 350(2) and (3) of Schedule 1 to ITTOIA 2005 comes into force on the day on which this Act is passed. The other repeals have effect in accordance with section 19(1) of this Act. Short title and chapter | Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) | Section 349B(4)(b). Sections 468H to 468Q. Finance Act 1996 (c. 8) | Paragraphs 2A and 2B of Schedule 10. Finance Act 2002 (c. 23) | Paragraphs 32 and 33 of Schedule 26. Income Tax (Trading and Other Income) Act 2005 (c. 5) | Section 373(4) and (6). Section 376(4) and (6). Paragraph 151(2) of Schedule 1. Paragraph 350(2) and (3) of Schedule 1. (4) Chargeable gains: temporary non-residents This repeal has effect in accordance with section 32(7) of this Act. Short title and chapter | Extent of repeal Taxation of Chargeable Gains Act 1992 (c. 12) | Section 10A(10). (5) Chargeable gains: options These repeals have effect in accordance with paragraph 6(2) of Schedule 5 to this Act. Short title and chapter | Extent of repeal Finance Act 1996 (c. 8) | Section 111(2) and (5). (6) Accounting practice The repeal of paragraph 6 of Schedule 4 to FA 2005 has effect in accordance with paragraph 4(6) of Schedule 6 to this Act. The repeal of paragraph 10 of Schedule 4 to FA 2005 has effect in accordance with paragraph 5(2) of Schedule 6 to this Act. . . . Short title and chapter | Extent of repeal . . . | . . . . . . | . . . . . . | . . . Finance Act 2005 (c. 7) | In Schedule 4, paragraphs 6, 10, 28(3) and (4) and 29. (7) Charges on income for corporation tax These repeals have effect in accordance with section 38 of this Act. Short title and chapter | Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) | In section 125(1), the words “and shall not be a charge on income for the purposes of corporation tax”. Section 338A(2)(a) and (4). Section 338B. In section 402(6)(b), the words “or a charge on income”. Section 434A(2)(a)(i). In section 487(3), the words “or be treated for those purposes as a charge on income”. In section 494— in subsection (1), the words “Section 338 of this Act and”; subsection (3). In section 494A— in subsection (2), paragraph (b) and the word “or” before it; in subsection (3), paragraph (b) and the word “and” before it. In Schedule 28AA— in paragraph 7A(2)(b), the words “or charges on income”; in paragraph 7C(2)(b), the words “or charges on income”. Finance Act 1989 (c. 26) | In section 102(7)(b), the words “or a charge on income”. Taxation of Chargeable Gains Act 1992 (c. 12) | In section 171A(5)(b), the words “or a charge on income”. In section 179A(11)(b), the words “or a charge on income”. Finance Act 2002 (c. 23) | In Schedule 29, in paragraph 71(4)(b), the words “or a charge on income”. (8) Avoidance involving financial arrangements These repeals have effect in accordance with Schedule 7 to this Act. Short title and chapter | Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) | In section 18, paragraph (c) of the Case III of Schedule D substituted by subsection (3A). Section 43C(1). Section 43E(1)(a) and (b). In section 730— subsection (1)(c); subsection (2A); in subsection (8), the words from “and for the purpose” onwards. Finance Act 1996 (c. 8) | In section 97— in subsection (2), paragraph (b) and the word “but” before it, and subsections (3) and (3A). Section 100(4) to (6), (8) and (13). In Schedule 9— in paragraph 1A(1), paragraph (b) and the word “or” before it; paragraph 11(5); in paragraph 15(4A), paragraph (b) and the word “and” before it. Finance Act 2000 (c. 17) | In Schedule 29, paragraph 44(3). Finance Act 2002 (c. 23) | In Schedule 25, paragraphs 13(4) and 51. Income Tax (Trading and Other Income) Act 2005 (c. 5) | In section 430(6), the word “and” before the entry relating to section 443(1). In Schedule 1, paragraph 300(5). (9) Loan relationships These repeals have effect in accordance with paragraph 4 of Schedule 8 to this Act. Short title and chapter | Extent of repeal Finance Act 1996 (c. 8) | In Schedule 9— in paragraph 2(1B), the words “, but not a CIS-based close company,”, the word “or” preceding paragraph (c) and the words after paragraph (c); in paragraph 18(1), paragraph (aa), and paragraph (c) and the word “and” preceding it; in paragraph 18(4), the word “and” preceding the definition of “participator”. Finance Act 2002 (c. 23) | In Schedule 25, paragraph 34(4). Finance Act 2004 (c. 12) | In Schedule 8, paragraphs 2(2) and 6(2) and (3). (10) Insurance companies etc The repeals in ICTA have effect in relation to periods of account ending on or after 31st December 2004. The repeals in section 82C of FA 1989 have effect in accordance with paragraph 11(4) of Schedule 9 to this Act. The repeal in section 83A of FA 1989 has effect in accordance with paragraph 13(6) of Schedule 9 to this Act. The repeal in section 88 of FA 1989 has effect in accordance with paragraph 16(3) of Schedule 9 to this Act. The repeals in paragraph 1(2)(b) of Schedule 6 to FA 1990 have effect in accordance with paragraph 2(6) of Schedule 9 to this Act. The repeal of paragraph 2 of Schedule 6 to FA 1990 comes into force on the day on which this Act is passed. Short title and chapter | Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) | In section 76(8), in the second sentence, the word “or” at the end of paragraph (a). In section 431(2), the definition of “long-term liabilities”. Finance Act 1989 (c. 26) | Section 82C(4), (5), (8) and (9). In section 83A(2), the words from “Paragraph (b) above” to the end of the subsection. In section 88(3A), the word “and” at the end of paragraph (a). Finance Act 1990 (c. 29) | In Schedule 6— in paragraph 1(2)(b), the definitions of ”liabilities“ and “value”; paragraph 2. (11) Lloyd's names These repeals have effect in accordance with section 45(8) and (9) of this Act. Short title and chapter | Extent of repeal Finance Act 1993 (c. 34) | Section 173. In section 182(1)(a), “(so far as not provided for by Schedule 19 to this Act)”. Schedule 19. Finance Act 1994 (c. 9) | Section 221. In section 229(1)(a), “(so far as not provided for by Schedule 19 to the 1993 Act as applied by section 221 above)”. In Schedule 21, paragraphs 9 and 10. Finance Act 2001 (c. 9) | In Schedule 29, paragraph 36. (12) Energy Act 2004 and Health Protection Agency Act 2004 These repeals have effect in accordance with section 46 of this Act. Short title and chapter | Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) | Section 349B(3)(g) and (h). Section 512. Taxation of Chargeable Gains Act 1992 (c. 12) | In section 271(7)— the words “, the United Kingdom Atomic Energy Authority”; the words “and the National Radiological Protection Board”; the words from “; and for the purposes” to the end of the subsection. Income Tax (Trading and Other Income) Act 2005 (c. 5) | In Schedule 1, paragraph 199. Part 3 Stamp taxes (1) Stamp duty land tax: miscellaneous This repeal has effect in relation to any instrument executed on or after the day on which this Act is passed. Short title and chapter | Extent of repeal Finance Act 2003 (c. 14) | In Schedule 15, paragraph 33(4). (2) Stamp duty and stamp duty reserve tax: extension of exceptions This repeal has effect in accordance with section 50 of this Act. Short title and chapter | Extent of repeal Finance Act 2002 (c. 23) | Section 117. Part 4 European company statute These repeals have effect in accordance with section 59(7) of this Act. Short title and chapter | Extent of repeal Taxation of Chargeable Gains Act 1992 (c. 12) | In section 140A(7) the definition of “securities”. In section 140C(9) the definition of “securities”. Part 5 Miscellaneous matters (1) Vehicle excise duty This repeal comes into force on the day on which this Act is passed. Short title and chapter | Extent of repeal Vehicle Excise and Registration Act 1994 (c. 22) | Section 7A(4)(a). (2) Abolition of adjudicator for National Savings and Investments These repeals have effect in accordance with section 69 of this Act. Short title and chapter | Extent of repeal National Savings Bank Act 1971 (c. 29) | Sections 10 and 11. In section 27, the definition of “the adjudicator”. National Debt Act 1972 (c. 65) | Section 5. Friendly Societies Act 1992 (c. 40) | Section 84. In Schedule 21, paragraphs 2 to 4. Tribunals and Inquiries Act 1992 (c. 53) | In Schedule 1, in the first column, the entry relating to National Savings Bank and National Savings Stock Register, and, in the second column, paragraph 33B.

Propose a change

← Find another law