House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 14 June 2012
156

Finance Bill, continued

David Gauke

60

Schedule  20,  page  457,  line  11,  leave out from ‘this’ to end of line 15 and insert

‘section—

(i)
the charging of a sum on company C at step 5 in

section 371BC(1) would cause section 314A (finance

income amounts of chargeable companies) to apply in

the case of company C, and

(ii)
the relevant finance profits (see section 314A(1)(c))

would include the leftover profits.’.

David Gauke

61

Schedule  20,  page  457,  line  33,  after ‘have’ insert ‘as a result of the application of

section 314A’.

David Gauke

62

Schedule  20,  page  457,  leave out lines 39 to 41 and insert—

‘(6)
For the purposes of subsection (5)(a) assume that company C’s

finance income amount would include P% of the leftover profits.

(6A)
“P%” has the meaning given by section 371BC(3), subject to sections

371BG(3)(a) and 371BH(2A)(b).

(6B)
Subject to what follows, terms used in this section which are defined

in Part 7 (tax treatment of financing costs and income) have the same

meaning as they have in Part 7.

(6C)
In subsections (2) to (4) references to the tested income amount or the

tested expense amount are to that amount determined without regard

to any debits, credits or other amounts arising from UK banking

business or insurance business.

(6D)
But subsection (6C) does not apply for the purpose of determining any

finance income amount under section 314A or affect the way in which

any such amount is to be taken into account in determining the tested

income amount or the tested expense amount.

(6E)
“UK banking business or insurance business” means banking business

or insurance business carried on by—

(a)
a UK resident company, or

(b)
a non-UK resident company acting through a UK permanent

establishment.’.

David Gauke

63

Schedule  20,  page  458,  leave out lines 1 to 5.

David Gauke

64

Schedule  20,  page  458,  line  17,  leave out ‘(so far as not reflected in the step 1

credits)’.

Public Bill Committee: 14 June 2012
157

Finance Bill, continued

David Gauke

65

Schedule  20,  page  458,  line  20,  leave out ‘(which is not itself a qualifying loan

relationship of the CFC)’ and insert ‘(other than a qualifying loan relationship)’.

David Gauke

66

Schedule  20,  page  458,  line  30,  leave out from beginning to ‘credits’ in line 42 and

insert—


‘Allocate to the qualifying loan relationship a just and reasonable

proportion of the credits from the CFC’s relevant debtor relationships

which are brought into account in determining the CFC’s non-trading

finance profits (so far as not reflected in the step 2 credits).


Add the credits to the step 2 credits.


The result is “the step 3 credits”.


A debtor relationship of the CFC is “relevant” if the loan which is the

subject of it is used by the CFC to fund the loan which is the subject

of the qualifying loan relationship.


Step 4


Allocate to the qualifying loan relationship a just and reasonable

proportion of the credits and debits which are brought into account in

determining the CFC’s non-trading finance profits so far as they—

(a)
are from any derivative contract or other arrangement (other

than a qualifying loan relationship or a relevant debtor

relationship) entered into by the CFC as a hedge of risk in

connection with a relevant debtor relationship, and

(b)
are attributable to the hedge of risk.


If the credits exceed the debits add the excess to the step 3 credits and

if the debits exceed the credits subtract the deficit from the step 3

credits.


The result is “the step 4 credits”.


Step 5


Allocate to the qualifying loan relationship a just and reasonable

proportion of—

(a)
the debits from the CFC’s loan relationships which are

brought into account in determining the CFC’s non-trading

finance profits (so far as not reflected in the step 4 credits),

and

(b)
any amounts set off under Chapter 16 of Part 5 of CTA 2009

(non-trading deficits) against amounts which, apart from the

set off, would be included in the CFC’s non-trading finance

profits.


Reduce the step 4’.

David Gauke

67

Schedule  20,  page  459,  line  35,  leave out ‘business,’ and insert ‘business (as the

case may be),’.

David Gauke

68

Schedule  20,  page  459,  line  36,  leave out from ‘company’ to end of line 37.

Public Bill Committee: 14 June 2012
158

Finance Bill, continued

David Gauke

69

Schedule  20,  page  460,  line  39,  leave out ‘a loan to another person’ and insert ‘—

(a)
a loan to another person, or

(b)
so far as not covered by paragraph (a), an arrangement

intended to produce for any person a return in relation to any

amount which it is reasonable to suppose would be a return by

reference to the time value of that amount of money.

(5A)
Subsection (5) does not apply if—

(a)
the main business of the ultimate debtor is banking business

or insurance business, and

(b)
the funding for the loan or arrangement would be provided in

the ordinary course of the ultimate debtor’s banking business

or insurance business (as the case may be).

(5B)
A creditor relationship of the CFC cannot be a qualifying loan

relationship if—

(a)
the main business of the ultimate debtor in relation to the

creditor relationship is banking business or insurance

business, and

(b)
the creditor relationship is, or is connected (directly or

indirectly) to, an arrangement the main purpose, or one of the

main purposes, of which is for the ultimate debtor to provide

(directly or indirectly) funding for a loan or arrangement as

mentioned in subsection (5)(a) or (b) in order to obtain a tax

advantage for the ultimate debtor.’.

David Gauke

70

Schedule  20,  page  460,  line  42,  leave out from ‘relationship’ to ‘an’ in line 48 and

insert ‘if the loan which is the subject of the creditor relationship is made to any extent

(other than a negligible one) out of funds received by the CFC (directly or indirectly)—

(a)
from a relevant UK connected company other than by way of

a loan, or

(b)
as a result of’.

David Gauke

71

Schedule  20,  page  461,  leave out lines 3 to 5 and insert—

‘(7)
For the purposes of subsection (6) a company is “relevant UK

connected” if—

(a)
the company is a UK resident company connected with the

CFC,

(b)
the company’s main business is banking business or insurance

business, and

(c)
the company’s banking business or insurance business (as the

case may be) is a trade.’.

David Gauke

72

Schedule  20,  page  461,  line  13,  leave out ‘company,’ and insert ‘company by—

(i)
a non-UK resident person, or

Public Bill Committee: 14 June 2012
159

Finance Bill, continued

(ii)
a UK resident person who is not connected with the

CFC,’.

David Gauke

73

Schedule  20,  page  461,  line  41,  leave out from ‘relationship”’ to end of line 42 and

insert ‘or “ultimate debtor” for the purposes of this Chapter.’.

David Gauke

74

Schedule  20,  page  462,  line  2,  at end insert—

‘(2A)
The claim may be amended or withdrawn by company C only by

amending the return.’.

David Gauke

75

Schedule  20,  page  462,  line  14,  leave out ‘assessment’ and insert ‘amendment’.

David Gauke

76

Schedule  20,  page  473,  line  42,  leave out ‘by the CFC’.

David Gauke

77

Schedule  20,  page  473,  line  46,  leave out ‘a person other than the CFC,’ and insert

‘any person,’.

David Gauke

78

Schedule  20,  page  479,  line  43,  at end insert—

‘371QG
Anti-avoidance

(1)
This section applies in relation to an accounting period (“the relevant

accounting period”) of a CFC if—

(a)
at any time an arrangement is entered into, and

(b)
the main purpose, or one of the main purposes, of the

arrangement is to obtain for any person a tax advantage within

section 1139(2)(da) of CTA 2010 in relation to—

(i)
the relevant accounting period, or

(ii)
that period and one or more other accounting periods

of the CFC.

(2)
The CFC’s chargeable profits and creditable tax for the relevant

accounting period are to be apportioned in accordance with section

371QC(2) (and not section 371QD if that section would otherwise

apply).

(3)
The apportionments must (in particular) be made in a way which, so

far as practicable, counteracts the effects of the arrangement

mentioned in subsection (1)(a) so far as those effects are referable to

the purpose mentioned in subsection (1)(b).’.

Public Bill Committee: 14 June 2012
160

Finance Bill, continued

David Gauke

79

Schedule  20,  page  480,  line  7,  leave out ‘Sections 371RC and 371RG set out

circumstances’ and insert ‘Section 371RC sets out certain cases’.

David Gauke

80

Schedule  20,  page  483,  line  30,  at end insert—

‘(3A)
The Treasury may by regulations provide that, if specified conditions

are met, a company is not to be taken to be a CFC by virtue of—

(a)
section 371RE, or

(b)
provision corresponding to section 371RE contained in

regulations under subsection (3).’.

David Gauke

81

Schedule  20,  page  483,  line  31,  leave out ‘subsection (3)’ and insert ‘subsections

(3) and (3A)’.

David Gauke

82

Schedule  20,  page  483,  line  33,  leave out from beginning to end of line 45 on page

484.

David Gauke

83

Schedule  20,  page  489,  line  5,  at end insert—

‘(2A)
Subsection (2)(b) does not apply if—

(a)
a notice is given to an officer of Revenue and Customs

revoking the notice under subsection (1), and

(b)
the time at which the notice revoking the notice under

subsection (1) is given is a time at which, applying the

corporation tax assumptions apart from this section and the

assumption in subsection (2)(a), the CFC would have been

able to revoke its assumed election under section 9A of CTA

2010.’.

David Gauke

84

Schedule  20,  page  489,  line  6,  after ‘(1)’ insert ‘or (2A)’.

David Gauke

85

Schedule  20,  page  489,  line  29,  after ‘(1)’ insert ‘or (2A) (as the case may be)’.

David Gauke

86

Schedule  20,  page  496,  line  5,  at end insert—

‘(4A)
In subsections (2) to (4) references to apportioned percentages of the

CFC’s chargeable profits for the relevant accounting period are to the

percentages apportioned at step 3 in section 371BC(1).’.

Public Bill Committee: 14 June 2012
161

Finance Bill, continued

David Gauke

87

Schedule  20,  page  496,  line  40,  after ‘including’ insert ‘an assessment’.

David Gauke

88

Schedule  20,  page  497,  line  13,  after ‘conferring’ insert ‘or regulating’.

David Gauke

89

Schedule  20,  page  498,  line  40,  at end insert—

‘(8)
But, in relation to a sum charged on a company by virtue of section

371BH(2), in this section—

(a)
“the appropriate rate” means the rate given by section

371BH(2A)(a), and

(b)
“relevant allowance” means any adjusted BLAGAB

management expenses for the purposes of section 73 of FA

2012.’.

David Gauke

90

Schedule  20,  page  500,  line  20,  leave out ‘371RC, 371RE(2) and 371RG,’ and

insert ‘371RC and 371RE(2) and regulations under section 371RF(3A),’.

David Gauke

91

Schedule  20,  page  500,  line  24,  leave out ‘has the meaning given at’ and insert

‘means a company which is a chargeable company for the purposes of’.

David Gauke

92

Schedule  20,  page  500,  line  34,  leave out ‘371RG(6),’ and insert ‘371RF,’.

David Gauke

93

Schedule  20,  page  502,  line  1,  leave out ‘(see Chapter 15) ceasing to have that

interest’ and insert ‘ceasing to have any relevant interest in the CFC at all’.

David Gauke

94

Schedule  20,  page  503,  line  28,  leave out ‘profits,’ and insert ‘profits or property

business losses,’.

David Gauke

95

Schedule  20,  page  503,  line  29,  at end insert—

‘(2A)
In subsection (2)(b) “property business losses” means any losses of a

UK property business or overseas property business of the CFC; such

losses are to be determined in a way corresponding to the way in which

property business profits are determined.’.

Public Bill Committee: 14 June 2012
162

Finance Bill, continued

David Gauke

96

Schedule  20,  page  503,  line  45,  leave out from ‘(6)’ to ‘Part’ in line 46.

David Gauke

97

Schedule  20,  page  505,  leave out lines 16 to 20.

David Gauke

98

Schedule  20,  page  505,  line  37,  leave out ‘and 371CE(2).’ and insert ‘, 371CE(2)

and 371IA(9).’.

David Gauke

99

Schedule  20,  page  506,  line  13,  leave out from ‘entitled’ to end of line 15 and insert

‘—

(i)
to direct how income or assets of the company are to

be applied,

(ii)
to have such income or assets applied on the person’s

behalf, or

(iii)
otherwise to secure that such income or assets will be

applied (directly or indirectly) for the person’s

benefit, and’.

David Gauke

100

Schedule  20,  page  506,  leave out lines 22 to 26 and insert—

‘(4)
In subsection (2)(c) references to a person being entitled to do

anything also cover cases in which it is reasonable to suppose that a

person is presently able, or will at a future date become able, to do the

thing (even though the person presently has, or will have, no

entitlement to do the thing).

(4A)
Subsection (4B) applies if a person’s entitlement (or supposed ability)

to do anything mentioned in subsection (2)(c) is (or would be)

contingent upon a default of the company or any other person under

any agreement.

(4B)
The person is not to have an interest in the company under subsection

(2)(c) by virtue of that entitlement (or supposed ability) unless the

default has occurred.’.

David Gauke

101

Schedule  20,  page  506,  line  45,  leave out from beginning to end of line 5 on page

507.

David Gauke

102

Schedule  20,  page  507,  line  45,  leave out ‘a loan to any other person.’ and insert

‘—

(i)
a loan to any other person, or



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