Finance (No. 2) Bill

Session 2012 - 13
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Other Bills before Parliament

Finance (No. 2) Bill

Finance (No. 2) Bill
Part 6 — Other provisions
133

Payment
226
Corporation tax: deferral of payment of exit charge
Schedule 47 contains provision for, and in connection with, deferring the
payment by a company of certain corporation tax in circumstances where
income, profits or gains arise by virtue of section 25, 185 or 187(4) of TCGA
5
1992 or section 162, 333, 334, 609, 610, 859 or 862 of CTA 2009.
227
Penalties: late filing, late payment and errors
Schedule 48 contains provision for, and in connection with, penalties for late
filing, late payment and errors.
228
Overpayment relief: generally prevailing practice exclusion and EU law
10
(1)
In Schedule 1AB to TMA 1970 (recovery of overpaid tax etc), in paragraph 2
(cases in which Commissioners not liable to give effect to claim), after sub-
paragraph (9) insert—
   “(9A)
Cases G and H do not apply where the amount paid, or liable to be
paid, is tax which has been charged contrary to EU law.
15
     (9B)
For the purposes of sub-paragraph (9A), an amount of tax is charged
contrary to EU law if, in the circumstances in question, the charge to
tax is contrary to—
(a)
the provisions relating to the free movement of goods,
persons, services and capital in Titles II and IV of Part 3 of the
20
Treaty on the Functioning of the European Union, or
(b)
the provisions of any subsequent treaty replacing the
provisions mentioned in paragraph (a).”
(2)
In Schedule 2 to OTA 1975 (management and collection of petroleum revenue
tax), in paragraph 13B (claim for relief for overpaid tax etc: cases in which
25
HMRC not liable to give effect to a claim), after sub-paragraph (8) insert—
    “(9)
Case G does not apply where the amount paid, or liable to be paid, is
tax which has been charged contrary to EU law.
     (10)
For the purposes of sub-paragraph (9), an amount of tax is charged
contrary to EU law if, in the circumstances in question, the charge to
30
tax is contrary to—
(a)
the provisions relating to the free movement of goods,
persons, services and capital in Titles II and IV of Part 3 of the
Treaty on the Functioning of the European Union, or
(b)
the provisions of any subsequent treaty replacing the
35
provisions mentioned in paragraph (a).”
(3)
In Part 6 of Schedule 18 to FA 1998 (overpaid tax, excessive assessments or
repayments etc), in paragraph 51A (cases in which Commissioners not liable to
give effect to a claim), after sub-paragraph (8) insert—
    “(9)
Case G does not apply where the amount paid, or liable to be paid, is
40
tax which has been charged contrary to EU law.

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     (10)
For the purposes of sub-paragraph (9), an amount of tax is charged
contrary to EU law if, in the circumstances in question, the charge to
tax is contrary to—
(a)
the provisions relating to the free movement of goods,
persons, services and capital in Titles II and IV of Part 3 of the
5
Treaty on the Functioning of the European Union, or
(b)
the provisions of any subsequent treaty replacing the
provisions mentioned in paragraph (a).”
(4)
In Part 6 of Schedule 10 to FA 2003 (relief in case of overpaid tax or excessive
assessment), in paragraph 34A (cases in which Commissioners not liable to
10
give effect to a claim), after sub-paragraph (8) insert—
    “(9)
Case G does not apply where the amount paid, or liable to be paid, is
tax which has been charged contrary to EU law.
     (10)
For the purposes of sub-paragraph (9), an amount of tax is charged
contrary to EU law if, in the circumstances in question, the charge to
15
tax is contrary to—
(a)
the provisions relating to the free movement of goods,
persons, services and capital in Titles II and IV of Part 3 of the
Treaty on the Functioning of the European Union, or
(b)
the provisions of any subsequent treaty replacing the
20
provisions mentioned in paragraph (a).”
(5)
The amendments made by this section have effect in relation to any claim (in
respect of overpaid tax, excessive assessment etc) made after the end of the six
month period beginning with the day on which this Act is passed.
229
Overpayment relief: time limit for claims
25
(1)
In Schedule 1AB to TMA 1970 (recovery of overpaid tax etc), in paragraph 3
(making a claim), in sub-paragraph (3) after “the relevant tax year is” insert “—
(a)
where the amount liable to be paid is excessive by reason of
a mistake in a return or returns under section 8, 8A or 12AA,
the tax year to which the return (or, if more than one, the first
30
return) relates, and
(b)
otherwise,”.
(2)
In Schedule 2 to OTA 1975, in paragraph 13C (claim for relief for overpaid tax
etc: making a claim), in sub-paragraph (3) after “the relevant chargeable period
is” insert “—
35
(a)
where the amount liable to be paid is excessive by reason of
a mistake in a return or returns under paragraph 2 or 5, the
chargeable period to which the return (or, if more than one,
the first return) relates, and
(b)
otherwise,”.
40
(3)
In Part 6 of Schedule 18 to FA 1998 (overpaid tax, excessive assessments or
repayments, etc), in paragraph 51B (making a claim), in sub-paragraph (3),
after “the relevant accounting period is” insert “—
(a)
where the amount liable to be paid is excessive by reason of
a mistake in a company tax return or returns, the accounting
45
period to which the return (or, if more than one, the first
return) relates, and

Finance (No. 2) Bill
Part 7 — Final provisions
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(b)
otherwise,”.
(4)
The amendments made by this section have effect in relation to any claim (in
respect of overpaid tax, excessive assessment etc) made after the end of the six
month period beginning with the day on which this Act is passed.
Administration
5
230
Self assessment: withdrawal of notice to file etc
Schedule 49 contains provision for, and in connection with, withdrawing a
notice under section 8, 8A or 12AA of TMA 1970 and cancelling liability to a
penalty under Schedule 55 to FA 2009.
Part 7
10
Final provisions
231
Interpretation
(1)
In this Act—
“ALDA 1979” means the Alcoholic Liquor Duties Act 1979,
“BGDA 1981” means the Betting and Gaming Duties Act 1981,
15
“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
2005,
“CTA 2009” means the Corporation Tax Act 2009,
20
“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,
“ICTA” means the Income and Corporation Taxes Act 1988,
“IHTA 1984” means the Inheritance Tax Act 1984,
25
“ITA 2007” means the Income Tax Act 2007,
“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003,
“ITTOIA 2005” means the Income Tax (Trading and Other Income) Act
2005,
“OTA 1975” means the Oil Taxation Act 1975,
30
“TCGA 1992” means the Taxation of Chargeable Gains Act 1992,
“TIOPA 2010” means the Taxation (International and Other Provisions)
Act 2010,
“TMA 1970” means the Taxes Management Act 1970,
“TPDA 1979” means the Tobacco Products Duty Act 1979,
35
“VATA 1994” means the Value Added Tax Act 1994, and
“VERA 1994” means the Vehicle Excise and Registration Act 1994.
(2)
In this Act—
“FA”, followed by a year, means the Finance Act of that year;
“F(No.2)A”, followed by a year, means the Finance (No. 2) Act of that
40
year.

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Part 7 — Final provisions
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232
Short title
This Act may be cited as the Finance Act 2013.