|
| |
|
(2) | The following provisions are repealed— |
| |
(a) | section 61(3) to (3C) of the National Health Service and Community |
| |
Care Act 1990 (stamp duty and stamp duty land tax reliefs for health |
| |
| |
(b) | section 58 of the National Health Service Act 2006 (which applies those |
| 5 |
stamp duty and stamp duty land tax reliefs to NHS foundation trusts); |
| |
(c) | paragraphs 132 and 133 of Schedule 1 to the National Health Service |
| |
(Consequential Provisions) Act 2006. |
| |
(3) | The repeals in subsection (2), to the extent that they relate to stamp duty, have |
| |
effect in relation to any instrument executed on or after the day on which this |
| 10 |
| |
(4) | Subject to that, the amendments made by this section have effect in relation to |
| |
any land transaction of which the effective date is on or after the day on which |
| |
| |
(5) | Until such time as bodies of a kind mentioned in subsection (6) are abolished |
| 15 |
under the Health and Social Care Act 2011, section 67A of FA 2003 has effect as |
| |
if the list in that section included bodies of that kind. |
| |
| |
(a) | a National Health Service trust established under section 25 of the |
| |
National Health Service Act 2006, and |
| 20 |
(b) | a Primary Care Trust. |
| |
215 | Collective investment schemes: stamp duty and stamp duty reserve tax |
| |
(1) | The Treasury may by regulations confer an exemption or other relief from |
| |
stamp duty or stamp duty reserve tax for transactions relating to collective |
| |
| 25 |
(2) | The regulations may, in particular— |
| |
(a) | specify descriptions of collective investment scheme in relation to |
| |
which the exemption or relief is available, and |
| |
(b) | specify the cases in which the exemption or relief is available. |
| |
(3) | Regulations under this section may make different provision for different cases |
| 30 |
| |
(4) | Regulations under this section— |
| |
(a) | may modify any enactment or instrument (whenever passed or made), |
| |
| |
(b) | may include incidental, consequential, supplementary or transitional |
| 35 |
| |
(5) | Regulations under this section are to be made by statutory instrument. |
| |
(6) | A statutory instrument containing regulations under this section is subject to |
| |
annulment in pursuance of a resolution of the House of Commons. |
| |
| 40 |
“collective investment scheme” has the meaning given by section 235 of |
| |
the Financial Services and Markets Act 2000, and |
| |
“modify” includes amend, repeal or revoke. |
| |
|
| |
|
| |
|
| |
| |
| |
216 | Agreement between UK and Switzerland |
| |
(1) | Schedule 35 contains provision giving effect to— |
| 5 |
(a) | an agreement signed on 6 October 2011 between the United Kingdom |
| |
and the Swiss Confederation on co-operation in the area of taxation, as |
| |
amended by a protocol signed by them on 20 March 2012, and |
| |
(b) | the joint declaration (concerning a tax finality payment) forming an |
| |
integral part of that protocol. |
| 10 |
(2) | Schedule 35 comes into force on the day on which the agreement of 6 October |
| |
| |
(3) | In section 23 of the Constitutional Reform and Governance Act 2010, after |
| |
| |
“(2B) | Section 20 does not apply to any treaty referred to in section 216(1) of |
| 15 |
| |
217 | Penalties: offshore income etc |
| |
In paragraph 21A of Schedule 24 to FA 2007 (classification of territories), in |
| |
| |
(a) | omit “and” at the end of paragraph (b), and |
| 20 |
(b) | at the end of paragraph (c) insert— |
| |
“(d) | the existence of any other arrangements between the UK |
| |
and that territory for co-operation in the area of taxation, |
| |
| |
(e) | the quality of any such other arrangements (in |
| 25 |
particular, the extent to which the co-operation |
| |
provided for in them assists or is likely to assist in the |
| |
protection of revenue raised from taxation in the UK).” |
| |
218 | International military headquarters, EU forces, etc |
| |
Schedule 36 contains provision about the tax treatment of international |
| 30 |
military headquarters, EU forces, etc. |
| |
Financial sector regulation |
| |
219 | Tax consequences of financial sector regulation |
| |
(1) | The Treasury may by regulations make provision about the tax consequences |
| |
in relation to securities of any regulatory requirement imposed by any EU |
| 35 |
legislation (whenever adopted) or enactment on— |
| |
(a) | persons who are authorised persons for the purposes of the Financial |
| |
Services and Markets Act 2000 (see section 31 of that Act), or |
| |
|
| |
|
| |
|
(b) | parent undertakings (as defined in section 420 of that Act) of such |
| |
| |
(2) | Regulations under this section may, in particular, make provision— |
| |
(a) | charging any tax or granting, withdrawing or restricting an exemption |
| |
or other relief from any tax, and |
| 5 |
(b) | about the treatment of arrangements the purpose, or one of the main |
| |
purposes, of which is to secure a tax advantage. |
| |
(3) | Regulations under this section may provide that a reference in the |
| |
| |
(a) | to any EU legislation or enactment, |
| 10 |
| |
(c) | to any provision of any EU legislation, enactment or document |
| |
| is to be construed as a reference to that legislation, enactment, document or |
| |
provision as amended from time to time. |
| |
(4) | Regulations under this section— |
| 15 |
(a) | may apply (with or without modifications) or disapply any enactment, |
| |
(b) | may modify, amend, repeal or revoke any enactment, |
| |
(c) | may make different provision for different cases or different purposes, |
| |
| |
(d) | may include incidental, consequential, supplementary or transitional |
| 20 |
| |
(5) | Regulations under this section are to be made by statutory instrument. |
| |
(6) | No regulations may be made under this section unless a draft of the statutory |
| |
instrument containing them has been laid before and approved by a resolution |
| |
| 25 |
| |
“arrangements” includes any arrangements, scheme or understanding of |
| |
any kind, whether or not legally enforceable and whether involving a |
| |
single transaction or two or more transactions; |
| |
“enactment” includes an enactment contained in subordinate legislation |
| 30 |
(within the meaning of the Interpretation Act 1978), and includes an |
| |
enactment whenever passed or made; |
| |
“tax” includes stamp duty; |
| |
| |
(a) | a relief from tax (including a tax credit) or increased relief from |
| 35 |
| |
(b) | a repayment of tax or increased repayment of tax, |
| |
(c) | the avoidance, reduction or delay of a charge to tax or an |
| |
| |
(d) | the avoidance of a possible assessment to tax. |
| 40 |
Incapacitated persons and minors |
| |
220 | Removal of special provision for incapacitated persons and minors |
| |
| |
|
| |
|
| |
|
(a) | section 42(8) (procedure for making claims etc on behalf of |
| |
| |
(b) | section 72 (trustees, guardians, etc of incapacitated persons), and |
| |
(c) | section 73 (further provision as to infants). |
| |
(2) | In Part 4 of FA 2003 (stamp duty land tax), omit section 106(1) and (2) (persons |
| 5 |
acting in a representative capacity on behalf of incapacitated persons and |
| |
| |
(3) | Accordingly, incapacitated persons are (and minors remain) assessable and |
| |
chargeable to the taxes in question. |
| |
(4) | In consequence of the amendments made by subsections (1) and (2)— |
| 10 |
(a) | in section 118(1) of TMA 1970, omit the definitions of “incapacitated |
| |
| |
(b) | omit paragraphs 33 and 34 of Schedule 1 to the Age of Legal Capacity |
| |
| |
(c) | in paragraph 5 of Schedule 2 to the Social Security Contributions and |
| 15 |
| |
(i) | omit paragraph (a) (and the “or” after it), and |
| |
(ii) | in paragraph (b), for “such” substitute “Class 4”, |
| |
(d) | in paragraph 5 of Schedule 2 to the Social Security Contributions and |
| |
Benefits (Northern Ireland) Act 1992— |
| 20 |
(i) | omit paragraph (a) (and the “or” after it), and |
| |
(ii) | in paragraph (b), for “such” substitute “Class 4”, and |
| |
(e) | in section 81B(4) of FA 2003, omit paragraph (b) (and the “or” before it). |
| |
(5) | The amendments made by subsections (1) and (4)(a) to (d) have effect for the |
| |
tax year 2012-13 and subsequent tax years. |
| 25 |
(6) | The amendments made by subsections (2) and (4)(e) have effect in relation to |
| |
land transactions of which the effective date is on or after the day on which this |
| |
| |
| |
221 | Tax agents: dishonest conduct |
| 30 |
(1) | Schedule 37 contains provision about tax agents who engage in dishonest |
| |
| |
(2) | That Schedule comes into force on such day as the Treasury may by order |
| |
| |
(3) | An order under subsection (2)— |
| 35 |
(a) | may make different provision for different purposes, and |
| |
(b) | may include transitional provision and savings. |
| |
(4) | The Treasury may by order make any incidental, supplemental, consequential, |
| |
transitional or saving provision in consequence of Schedule 37. |
| |
(5) | An order under subsection (4) may— |
| 40 |
(a) | make different provision for different purposes, and |
| |
(b) | make provision amending, repealing or revoking any provision made |
| |
by or under an Act (whenever passed or made). |
| |
|
| |
|
| |
|
(6) | An order under this section is to be made by statutory instrument. |
| |
(7) | A statutory instrument containing an order under subsection (4) is subject to |
| |
annulment in pursuance of a resolution of the House of Commons. |
| |
| |
(1) | Schedule 36 to FA 2008 (information and inspection powers) is amended as |
| 5 |
| |
(2) | After paragraph 5 insert— |
| |
“Power to obtain information about persons whose identity can be ascertained |
| |
5A (1) | An authorised officer of Revenue and Customs may by notice in |
| |
writing require a person to provide relevant information about |
| 10 |
another person (“the taxpayer”) if conditions A to D are met. |
| |
(2) | Condition A is that the information is reasonably required by the |
| |
officer for the purpose of checking the tax position of the taxpayer. |
| |
| |
(a) | the taxpayer’s identity is not known to the officer, but |
| 15 |
(b) | the officer holds information from which the taxpayer’s |
| |
identity can be ascertained. |
| |
(4) | Condition C is that the officer has reason to believe that— |
| |
(a) | the person will be able to ascertain the taxpayer’s identity |
| |
from the information held by the officer, and |
| 20 |
(b) | the person obtained relevant information about the taxpayer |
| |
in the course of carrying on a business. |
| |
(5) | Condition D is that the taxpayer’s identity cannot readily be |
| |
ascertained by other means from the information held by the officer. |
| |
(6) | “Relevant information” means all or any of the following— |
| 25 |
| |
(b) | last known address, and |
| |
(c) | date of birth (in the case of an individual). |
| |
(7) | This paragraph applies for the purpose of checking the tax position |
| |
of a class of persons as for the purpose of checking the tax position of |
| 30 |
a single person (and references to “the taxpayer” are to be read |
| |
| |
(3) | In paragraph 6 (notices), in sub-paragraph (1), for “or 5” substitute “, 5 or 5A”. |
| |
(4) | In paragraph 31 (right to appeal against notice given under paragraph 5), after |
| |
“paragraph 5” insert “or 5A”. |
| 35 |
(5) | Accordingly, in the heading immediately before paragraph 31, at the end insert |
| |
| |
(6) | In section 18D of TMA 1970 (savings income: content of regulations under |
| |
section 18B), in subsection (1), for “sections 17 and 18” substitute “paragraph 1 |
| |
of Schedule 23 to the Finance Act 2011 (data-gathering powers)”. |
| 40 |
|
| |
|
| |
|
(7) | The amendments made by subsections (1) to (5) apply for the purpose of |
| |
checking the tax position of a taxpayer as regards periods or tax liabilities |
| |
whenever arising (whether before, on or after the day on which this Act is |
| |
| |
(8) | The amendment made by subsection (6) is treated as having come into force on |
| 5 |
| |
223 | PAYE regulations: information |
| |
(1) | Section 684 of ITEPA 2003 (PAYE regulations) is amended as follows. |
| |
(2) | In the list in subsection (2)— |
| |
| 10 |
| |
(a) | for authorising or requiring a person who provides |
| |
with respect to payments of or on account of PAYE |
| |
income a service that is specified or of a specified |
| |
description (“a relevant payment service”) to supply |
| 15 |
to Her Majesty’s Revenue and Customs information |
| |
about payments with respect to which the service is |
| |
provided, or any information the Commissioners |
| |
may request about features of the service provided or |
| |
to be provided with respect to particular payments; |
| 20 |
(b) | for conferring power on the Commissioners to specify |
| |
by directions circumstances in which provision made |
| |
by virtue of paragraph (a) or subsection (4ZB) is not to |
| |
apply in relation to a payment; |
| |
(c) | for securing that a supply of information that is |
| 25 |
authorised by regulations under paragraph (a) is not |
| |
treated as breaching any obligation of confidence |
| |
owed in respect of the information by the person |
| |
| |
(d) | for prohibiting or restricting the disclosure, otherwise |
| 30 |
than to Her Majesty’s Revenue and Customs, of |
| |
information by a person to whom it was supplied |
| |
pursuant to a requirement imposed by virtue of |
| |
| |
(e) | for requiring a person who provides, or is to provide, |
| 35 |
a relevant payment service to take steps (including |
| |
any steps that may be specified, or further specified, |
| |
in accordance with item 8A(b)) for facilitating the |
| |
meeting by persons making payments of obligations |
| |
imposed by virtue of subsection (4ZB).”, and |
| 40 |
| |
“8A | Provision requiring compliance with any directions the |
| |
| |
(a) | about the form and manner in which any information |
| |
is to be provided under the regulations; |
| 45 |
(b) | specifying, or further specifying, steps for the |
| |
| |
(c) | specifying information that a person making |
| |
payments of or on account of PAYE income must |
| |
|
| |
|
| |
|
provide about the method by which the payments are |
| |
| |
(3) | After subsection (3B) insert— |
| |
“(3C) | References in items 4ZA and 8A of the above list to directions include |
| |
directions making different provision for different cases.” |
| 5 |
(4) | After subsection (4) insert— |
| |
“(4ZA) | Item 8A in the above list does not prejudice the power of the |
| |
Commissioners under subsection (1) to make provision in PAYE |
| |
regulations about the matters mentioned in that item. |
| |
(4ZB) | The persons to whom PAYE information regulations may require |
| 10 |
information to be supplied include, in the case of information about a |
| |
payment, a person who provides, or is to provide, with respect to the |
| |
payment a service such as is mentioned in item 4ZA(a) in the above list. |
| |
(4ZC) | In subsection (4ZB) “PAYE information regulations” means PAYE |
| |
regulations that require information to be supplied for any purpose |
| 15 |
authorised by subsections (1) and (2).” |
| |
High value residential property or dwellings |
| |
224 | New tax on ownership of high-value residential properties or dwellings |
| |
The Commissioners for Her Majesty’s Revenue and Customs may incur |
| |
expenditure in preparing for the introduction of a new tax to be charged in |
| 20 |
respect of high-value residential properties or dwellings owned otherwise than |
| |
| |
Miscellaneous reliefs etc |
| |
225 | Repeals of miscellaneous reliefs etc |
| |
Schedule 38 contains repeals of miscellaneous reliefs etc. |
| 25 |
| |
| |
| |
| |
“ALDA 1979” means the Alcoholic Liquor Duties Act 1979, |
| 30 |
“BGDA 1981” means the Betting and Gaming Duties Act 1981, |
| |
“CAA 2001” means the Capital Allowances Act 2001, |
| |
“CEMA 1979” means the Customs and Excise Management Act 1979, |
| |
“CRCA 2005” means the Commissioners for Revenue and Customs Act |
| |
| 35 |
“CTA 2009” means the Corporation Tax Act 2009, |
| |
“CTA 2010” means the Corporation Tax Act 2010, |
| |
“F(No.3)A 2010” means the Finance (No. 3) Act 2010, |
| |
“HODA 1979” means the Hydrocarbon Oil Duties Act 1979, |
| |
|
| |
|