House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 19 June 2012
198

Finance Bill, continued

Elections under section 9A of CTA 2010

49B(1)
This paragraph applies if—

(a)
during a company’s accounting period within the meaning of Chapter

4 of Part 17 of ICTA a notice is given in relation to the company under

paragraph 4(2C) of Schedule 24 to ICTA,

(b)
as a result of that, the company is to be assumed under paragraph

4(2C) of Schedule 24 to ICTA to have made an election under section

9A of CTA 2010,

(c)
the assumed election—

(i)
does not cease to have effect before the end of the company’s

last accounting period within the meaning of Chapter 4 of Part

17 of ICTA to begin before 1 January 2013, and

(ii)
apart from the repeal of that Chapter by paragraph 14 above,

would not have ceased to have effect at the end of that period,

and

(d)
the company is a CFC immediately after the end of its last accounting

period mentioned in paragraph (c) and its first accounting period

within the meaning of Part 9A of TIOPA 2010 begins at that time

accordingly.

      (2)
In the application of Part 9A of TIOPA 2010 in relation to the company as a

CFC, the assumption mentioned in sub-paragraph (1)(b) is to continue to be

made as if it were required to be made by section 371SH(2) of TIOPA 2010.’.

David Gauke

116

Schedule  20,  page  522,  line  10,  leave out from ‘exempt’ to end of line 12 and insert

‘period—

(i)
does not end before the end of the company’s last accounting

period within the meaning of Chapter 4 of Part 17 of ICTA to

begin before 1 January 2013, and

(ii)
apart from the repeal of that Chapter by paragraph 14 above,

would not have ended at the end of that period, and’.

David Gauke

117

Schedule  20,  page  522,  line  29,  after ‘exemption’ insert ‘or section 371JE of

TIOPA 2010’.

Graeme Morrice

Grahame M. Morris

191

Clause  186,  page  107,  line  9,  at end insert—

‘(3A)
The Chancellor of the Exchequer shall review the wider economic impact of the

duty increases imposed by subsection 3 on the beer and pub industry, and

consumers, and shall lay a report of his review in the House of Commons

Library.’.

Public Bill Committee: 19 June 2012
199

Finance Bill, continued

Graeme Morrice

Grahame M. Morris

193

Schedule  24,  page  542,  line  11,  leave out ‘20%’ and insert ‘15%’.

Graeme Morrice

Grahame M. Morris

192

Schedule  24,  page  542,  line  34,  at end insert—

‘Allowable deductions from duty payable

11A(1)
A taxable person shall be entitled to reduce the amount of duty payable in an

accounting period by an amount equal to the irrecoverable VAT brought about

solely as a result of changes to the VAT liability of income from Machine

Games resulting from the introduction of the duty (“Newly Irrecoverable

VAT”), to be calculated as follows:

      (2)
“Newly Irrecoverable VAT” for the purposes of sub-paragraph (1) will be

calculated as follows:

(a)
at the time the taxable person carries out the “longer period

adjustment” calculations and capital goods scheme adjustments for the

purposes of Part 14 to 16 of the VAT Regulations 1995, he shall, in

accordance with the method in place under those Parts, for that longer

period, identify—

(i)
the amount of irrecoverable VAT incurred during that longer

period based on income from Machine Games being exempt

for VAT purposes; and

(ii)
the amount of irrecoverable VAT that would be incurred had

income from Machine Games remained liable to VAT at the

standard rate;

(b)
Newly Irrecoverable VAT will be calculated by subtracting the

amount under (ii) above from (i) above.

      (3)
On each duty return in the year following the VAT longer period adjustment,

a taxable person shall be entitled to provisionally reduce the amount of duty

payable by an amount equal to one quarter of the amount calculated under sub-

paragraph (2) above.

      (4)
At the end of the year in which provisional quarterly reductions have been

carried out under sub-paragraph (3) above, a taxable person shall carry out the

calculation under sub-paragraph (2) above and compare it to the total provision

reduction for the year. Any difference shall serve to increase, or decrease, the

duty due in the accounting period in which the calculation is made.

      (5)
Should the reduction of the amount of duty payable arising from Newly

Irrecoverable VAT result in a negative amount of duty in any accounting

period the provisions of paragraph (10) (negative amounts of duty) shall apply.

      (6)
For the purposes of this paragraph, any references to terms imported from Part

14 to 16 of the VAT Regulations 1995 shall have the same meaning as defined

in those Regulations.’.

Graeme Morrice

Grahame M. Morris

194

Schedule  24,  page  557,  line  16,  at end insert—

‘49A
In the Machine Games Duty (Exemptions) Order 2012, after Article 5, insert

the following—

Public Bill Committee: 19 June 2012
200

Finance Bill, continued

“Skill with prize machines

6.1
Playing a skill with prize game is to be a specified circumstance.

6.2
A game shall be a skill with prize game if it is not a game of chance

in accordance with Section 6(2) of the Gambling Act 2005.”’.

Ed Balls

Rachel Reeves

Catherine McKinnell

Cathy Jamieson

Chris Leslie

200


Clause  195,  page  112,  line  25,  at end add—

‘(2)
No new Order shall be made under section 30(4) or 31(2) of the Value Added Tax

Act 1994 unless the Chancellor of the Exchequer has reviewed the full impact of

those changes on jobs, living standards and businesses, and placed the review in

the Library of the House of Commons.’.

Seema Malhotra

197


Schedule  31,  page  605,  line  2,  after ‘April’, leave out ‘2013’ and insert ‘2017’.

Seema Malhotra

198


Schedule  31,  page  605,  line  4,  after ‘April’, leave out ‘2013’ and insert ‘2017’.

Seema Malhotra

199


Schedule  31,  page  605,  line  4,  at end add—

‘(4)
The Chancellor of the Exchequer shall conduct a review of the expected impact

on carbon emissions, security of supply and industrial competiveness of the

removal, in 2017, from combined heat and power plants of the Climate Change

Levy exemption for indirect supplies of electricity and shall, by 31 December

2012, lay a report of his review in the House of Commons Library.’.

Public Bill Committee: 19 June 2012
201

Finance Bill, continued

NEW CLAUSES

Bingo Duty

John Hemming

NC1

To move the following Clause:—

‘(1)
BGDA 1981 is amended as follows.

(2)
In section 17(1)(b) of BGDA 1981 (bingo duty chargeable at 20 per cent of bingo

promotion profits), for “20” substitute “15”.

(3)
The amendment made by subsection (2) has effect in relation to accounting

periods beginning on or after 30 April 2012.’.

Levy on obligated energy suppliers

Caroline Lucas

Katy Clark

Kate Hoey

Kelvin Hopkins

Mr Dai Havard

Mark Durkan

NC2

To move the following Clause:—

‘The Treasury shall prepare a report on the introduction of a levy on the profits of

obligated energy suppliers, with money raised to be put towards a country-wide

domestic energy efficiency programme prioritising those in fuel poverty, and

report to Parliament with proposals within three months of Royal Assent to this

Act.’.

Fuel duty differential for biodiesel

Stephen Williams

Ian Swales

NC3

To move the following Clause:—

‘(1)
The Biodiesel Duty (Biodiesel produced from waste cooking oil) (Relief)

Regulations 2010 (S.I. 2010/984) shall be deemed not to have ceased to have

effect on 31 March 2012 and shall continue in force.

Public Bill Committee: 19 June 2012
202

Finance Bill, continued

(2)
No further Regulations may be made under the Hydrocarbon Oil Duties Act 1979

which would have the effect of removing or reducing the relief provided for by

the Regulations mentioned in subsection (1) until a full impact assessment of the

impact of the removal of a fuel duty differential for biodiesel has been laid before

Parliament.’.

Order of the House [16 April 2012]

That the following provisions shall apply to the Finance (No. 4) Bill:

Commital

1.
The following shall be committed to a Committee of the whole House—

(a)
Clauses 1, 4, 8, 189 and 209;

(b)
Schedules 1, 23 and 33;

(c)
any new Clauses and any new Schedules, first appearing on the Order

Paper not later than Tuesday 17 April 2012 and relating to value

added tax.

2.
The remainder of the Bill shall be committed to a Public Bill Committee.

Proceedings in Committee

3.      (1)
Proceedings in Committee of the whole House shall be completed in

two days.

(2)
Those proceedings shall be taken on each of those days as shown in

the first column of the following table and in the order so shown.

(3)
Each part of the proceedings shall (so far as not previously

concluded) be brought to a conclusion at the time specified in

relation to it in the second column of the Table.

(4)
Standing Order No. 83B (Programming committees) shall not apply

to proceedings in Committee of the whole House.

              TABLE

Proceedings
Time for conclusion of proceedings

First day

Clause 1
Three hours after the commencement

of proceedings on the Bill.

Clause 209 and Schedule 33
Five hours after the commencement

of proceedings on the Bill.

New Clauses or new
Seven hours after the

Schedules first appearing on
commencement of proceedings on

the Order paper not later than
the Bill.

Tuesday 17 April 2012 and

relating to value added tax.

Clause 189 and Schedule 23
Eight and a quarter hours after the

commencement of proceedings on

the Bill.

Second day

Clause 4
Three hours after the commencement

of proceedings on the Bill.

Clause 8 and Schedule 1
At 6.00 pm on the second day.

Public Bill Committee: 19 June 2012
203

Finance Bill, continued

4.      (1)
Proceedings in the Public Bill Committee shall (so far as not

previously concluded) be brought to a conclusion on Tuesday 26

June 2012.

(2)
The Public Bill Committee shall have leave to sit twice on the first

day on which it meets.

5.
When the provisions of the Bill considered, respectively, by the Committee

of the whole House and by the Public Bill Committee have been reported to

the House, the Bill shall be proceeded with as if it had been reported as a

whole to the House from the Public Bill Committee.

Consideration and Third Reading

6.
Proceedings on Consideration and on Third Reading shall be completed in

two days.

7.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Order of the Committee [24 APRIL 2012]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

24 April) meet—

(a)
at 4.30 pm on Tuesday 24 April;

(b)
at 9.00 am and 1.00 pm on Thursday 26 April;

(c)
at 10.30 am and 4.30 pm on Tuesday 22 May;

(d)
at 9.00 am and 1.00 pm on Thursday 24 May;

(e)
at 10.30 am and 4.30 pm on Tuesday 12 June;

(f)
at 9.00 am and 1.00 pm on Thursday 14 June;

(g)
at 10.30 am and 4.30 pm on Tuesday 19 June;

(h)
at 9.00 am and 1.00 pm on Thursday 21 June;

(i)
at 10.30 am and 4.30 pm on Tuesday 26 June;

(2)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 2 and 3; Clauses 5 to 7; Clauses 9 to 19; Schedule

2; Clause 20; Schedule 3; Clause 21; Schedule 4; Clauses 22 to 31; Schedule

5; Clauses 32 to 36; Clause 215; Clauses 37 and 38; Schedule 6; Clause 39;

Schedule 7; Clause 40; Schedule 8; Clauses 41 and 42; Schedule 9; Clause

43; Schedule 10; Clause 44; Schedule 11; Clauses 45 to 47; Schedule 12;

Clause 48; Schedule 13; Clause 49; Schedule 14; Clauses 50 and 51;

Schedule 15; Clauses 52 to 146; Schedule 16; Clause 147; Schedule 17;

Clauses 148 to 176; Schedule 18; Clause 177; Schedule 19; Clauses 178 to

180; Schedule 20; Clauses 181 to 183; Schedule 21; Clause 184; Schedule 22;

Clauses 185 to 188; Clause 190; Schedule 24; Clauses 191 to 193; Schedule

25; Clauses 194 and 195; Schedule 26; Clauses 196 to 201; Schedule 27;

Clause 202; Schedule 28; Clauses 203 to 205; Schedules 29 to 31; Clauses

206 and 207; Schedule 32; Clause 208; Clauses 210 to 212; Schedule 34;

Clauses 213 and 214; Clause 216; Schedule 35; Clauses 217 and 218;

Schedule 36; Clauses 219 to 221; Schedule 37; Clauses 222 to 225; Schedule

38; Clauses 226 and 227; new Clauses other than those first appearing on the

Order Paper not later than Tuesday 17 April and relating to value added tax;

Public Bill Committee: 19 June 2012
204

Finance Bill, continued

new Schedules other than those first appearing on the Order Paper not later

than Tuesday 17 April and relating to value added tax; remaining proceedings

on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 9.00 pm on Tuesday 26 June.



© Parliamentary copyright	Revised 19 June 2012