House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

37

House of Commons

Thursday 16 May 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Finance Bill

(Except Clauses 1, 3, 16, 183, 184 and 200 to 212; Schedules 3 and 41; any new Clauses, and

any new Schedules, first appearing on the Order Paper not later than Tuesday 16 April 2013

and relating to tax measures concerning housing; and any new Clauses, and any new

Schedules, relating to value added tax or the bank levy or air passenger duty or the subject

matter of Clauses 1 and 16 and Schedule 3 or the subject matter of Clause 3 or the subject

matter of Clauses 203 to 212 and Schedule 41)

Note

The Amendments have been arranged in accordance with the Order of the

Committee [23 April 2013].

Ed Balls

Chris Leslie

Cathy Jamieson

Catherine McKinnell

10

Clause  7,  page  3,  line  8,  at end add—

‘(3)
The Treasury shall review, within six months of Royal Assent, the impact that

changing the allowance under section 51A of CAA 2001 from £100,000 to

£25,000 and back to £250,000 has had on small and medium-sized enterprises

and business confidence, and a place a copy of this review in the Library of the

House of Commons.’.

Public Bill Committee: 16 May 2013
38

Finance Bill, continued

Nigel Mills

2

Clause  8,  page  4,  line  1,  at end add—

‘(7)
The Chancellor of the Exchequer shall bring forward in time for the 2014 Budget

proposals in relation to exempting competitors in major sporting events,

including the criteria for determining whether a sporting event meets the

requirements for exempting competitors.’.

Ed Balls

Chris Leslie

Catherine McKinnell

Cathy Jamieson

16

Clause  11,  page  6,  line  16,  at end add—

‘(3)
The Chancellor of the Exchequer shall within 12 months of the passing of this

Act, provide a report to Parliament on the impact of these provisions including

on, but not limited to—

(a)
death-in-service schemes;

(b)
other death benefits;

(c)
non-working spouses without independent pensions provisions.’.

Mr David Gauke

17

Schedule  2,  page  151,  line  16,  leave out sub-paragraph (3) and insert—

    ‘(3)
In sub-paragraph (4)(b) for “provision for forfeiture” substitute “restriction”.’.

Mr David Gauke

18

Schedule  2,  page  155,  line  28,  leave out sub-paragraphs (2) and (3) and insert—

    ‘(2)
In sub-paragraph (1) for the first “all” substitute “some or all of the”.

      (3)
After sub-paragraph (1) insert—

“(1A)
The company’s direction must set out—

(a)
the amount of the cash dividends to be applied as

mentioned in sub-paragraph (1), or

(b)
how that amount is to be determined.”

      (4)
In sub-paragraph (4) after “may” insert “modify or”.’.

Mr David Gauke

19

Schedule  2,  page  156,  line  5,  leave out sub-paragraph (2) and insert—

    ‘(2)
Sub-paragraph (3) applies to a direction requiring the reinvestment of cash

dividends which is given before that day.

      (3)
For the purposes of paragraph 62(1A) of Schedule 2 to ITEPA 2003 the

direction is to be treated as requiring the reinvestment of all the cash dividends,

Public Bill Committee: 16 May 2013
39

Finance Bill, continued

subject to any modification of the direction which is made on or after that day

under paragraph 62(4) of that Schedule.’.

Nigel Mills

3

Clause  17,  page  7,  line  24,  at end add—

‘(2)
The Chancellor of the Exchequer shall instruct the Office for Tax Simplification

to publish a report on the effectiveness of the provisions in Schedule 4 and other

tax rules on encouraging small businesses to expand and increase employment;

and the Chancellor shall place a copy of the report in the House of Commons

Library.’.

Nigel Mills

4

Schedule  4,  page  162,  line  18,  leave out ‘H’ and insert ‘I’.

Nigel Mills

5

Schedule  4,  page  163,  line  3,  at end insert—

‘(9A)
Condition I is that at any time withing the period of seven years ending

immediately before the basis period for the tax year, the person was convicted of

an offence relating to the evasion of tax or the fraudulent claim of one or more

benefits.’.

Nigel Mills

6

Schedule  4,  page  163,  line  15,  at end insert—

‘(1A)
For the purposes of subsection (1) an election made on or before the date of filing

of the relevant tax return for tax year shall be deemed to have been made on the

last day of the tax year to which the return relates.’.

Mr David Gauke

21


Schedule  10,  page  221,  line  9,  leave out paragraph 2 and insert—

‘2  (1)
Section 718 (meaning of “person abroad” etc) is amended as follows.

      (2)
For subsection (1) substitute—

“(1)
In this Chapter “person abroad” means—

(a)
a person who is resident outside the United Kingdom, or

(b)
an individual who is domiciled outside the United Kingdom.”

      (3)
Omit subsection (2)(a).’.

Public Bill Committee: 16 May 2013
40

Finance Bill, continued

Mr David Gauke

22


Schedule  10,  page  224,  line  1,  leave out ‘amendment made by paragraph 2 above

has’ and insert ‘amendments made by paragraph 2 above have’.

Mr David Gauke

23


Schedule  14,  page  246,  line  41,  at end insert—


‘If the amount remaining after step 1 is greater than the net value of the set-off

amount (see subsection (2A)), that amount is to be reduced to the net value of the

set-off amount.


For provision about the treatment of the amount deducted under this step from the

amount remaining after step 1, see section 104NA.


Step 3’.

Mr David Gauke

24


Schedule  14,  page  247,  line  1,  leave out ‘step 1’ and insert ‘step 2’.

Mr David Gauke

25


Schedule  14,  page  247,  line  6,  leave out from ‘(b)’ to ‘is’ in line 7 and insert ‘the

amount deducted under paragraph (a) from the amount remaining after step 2’.

Mr David Gauke

26


Schedule  14,  page  247,  line  11,  leave out ‘step 3’ and insert ‘step 4’.

Mr David Gauke

27


Schedule  14,  page  247,  line  12,  leave out ‘Step 3’ and insert ‘Step 4’.

Mr David Gauke

28


Schedule  14,  page  247,  line  13,  leave out ‘step 2’ and insert ‘step 3’.

Mr David Gauke

29


Schedule  14,  page  247,  line  16,  leave out ‘step 4’ and insert ‘step 5’.

Mr David Gauke

30


Schedule  14,  page  247,  line  17,  leave out ‘Step 4’ and insert ‘Step 5’.

Mr David Gauke

31


Schedule  14,  page  247,  line  19,  leave out ‘step 3’ and insert ‘step 4’.

Public Bill Committee: 16 May 2013
41

Finance Bill, continued

Mr David Gauke

32


Schedule  14,  page  247,  line  22,  leave out ‘step 5’ and insert ‘step 6’.

Mr David Gauke

33


Schedule  14,  page  247,  leave out lines 23 to 36.

Mr David Gauke

34


Schedule  14,  page  247,  line  46,  at end insert—

‘(2A)
To determine the net value of the set-off amount for the purposes of step 2 in

subsection (2), deduct from the set-off amount amount A and, in the case of a ring

fence trade, amount B.


Amount A is the amount equal to the corporation tax that would be chargeable on

the set-off amount if—

(a)
it did not include any amount treated as an amount of R&D expenditure

credit for the accounting period by virtue of step 3 in subsection (2), and

(b)
it was an amount of profits (or in the case of a ring fence trade, ring fence

profits) of the company for the accounting period and corporation tax on

such profits was chargeable at the main rate.


Amount B is the amount equal to the supplementary charge that would be

chargeable on the set-off amount if—

(a)
it did not include any amount treated as an amount of R&D expenditure

credit for the accounting period by virtue of step 3 in subsection (2), and

(b)
it was an amount of adjusted ring fence profits for the accounting

period.’.

Mr David Gauke

35


Schedule  14,  page  248,  line  12,  at end insert—

‘104NA
Amounts deducted by way of tax adjustment

(1)
This section applies if—

(a)
a company is entitled to an R&D expenditure credit for an

accounting period under this Chapter, and

(b)
the amount of the set-off amount remaining after step 1 in

section 104N(2) is greater than the net value of the set-off

amount.

(2)
An amount equal to the difference between—

(a)
the amount remaining after step 1 in section 104N(2), and

(b)
the net value of the set-off amount,


(“the step 2 amount”) is to be applied in discharging any liability of the

company to pay corporation tax for any subsequent accounting period.


This is subject to subsection (3).

(3)
If the company is a member of a group, it may surrender the whole or

any part of the step 2 amount to any other member of the group (the

“relevant group member”).


In such a case, section 104Q(3) applies to the amount surrendered as

it applies to an amount of R&D expenditure credit surrendered under

step 5 in section 104N(2).

Public Bill Committee: 16 May 2013
42

Finance Bill, continued

(4)
If any of the amount surrendered under subsection (3) is remaining

after the operation of step 3 in section 104Q(3), it is to be treated for

the purposes of this section as if it had not been surrendered to the

relevant group member.

(5)
Any amounts to be applied under subsection (2) or (3) in discharging

any liability of a company to pay corporation tax for an accounting

period are to be so applied before any amounts that may be so applied

under step 1, 4 or 5 in section 104N(2).

(6)
The surrender by a company of the whole or any part of the step 2

amount to another company under this section—

(a)
is not to be taken into account in determining the profits or

losses of either company for corporation tax purposes, and

(b)
for corporation tax purposes is not to be regarded as the

making of a distribution.

(7)
Any reference in this section to the set-off amount, or the net value of

the set-off amount, is to be read in accordance with section 104N.’.

Mr David Gauke

36


Schedule  14,  page  249,  line  42,  leave out ‘step 4’ and insert ‘step 5’.

Mr David Gauke

37


Schedule  14,  page  250,  line  21,  leave out ‘step 4’ and insert ‘step 5’.

Mr David Gauke

38


Schedule  14,  page  250,  line  27,  leave out from beginning to end of line 10 on page

251.

Mr David Gauke

39


Schedule  16,  page  296,  line  17,  at end insert—

‘( )
may provide for those amendments to be treated as having come into

force on a day earlier than the day on which the order is made or this

Act is passed;’.

Mr David Gauke

40


Schedule  16,  page  296,  line  22,  leave out ‘1 April 2013.’ and insert ‘the day

specified for the purposes of this paragraph in an order made by the Treasury (“the

specified day”).

      ()
An order under sub-paragraph (1) may specify a day earlier than the day on

which the order is made or this Act is passed.’.

Public Bill Committee: 16 May 2013
43

Finance Bill, continued

Mr David Gauke

41


Schedule  16,  page  296,  line  24,  leave out ‘1 April 2013’ and insert ‘the specified

day’.

Mr David Gauke

42


Schedule  16,  page  296,  line  24,  leave out ‘date’ and insert ‘day’.

Mr David Gauke

43


Schedule  16,  page  296,  line  27,  leave out ‘1 April 2013’ and insert ‘the specified

day’.

Mr David Gauke

44


Schedule  16,  page  296,  line  28,  leave out ‘date’ and insert ‘day’.

Mr David Gauke

45


Schedule  16,  page  296,  line  33,  at end insert—

‘4  (1)
The Treasury may by order make such amendments of this Schedule as are

necessary for the purpose of complying with any undertakings given to the

European Commission, or any conditions imposed by the Commission, in

connection with an application for State aid approval.

      (2)
In this paragraph “State aid approval” means approval that the provision made

by Part 15B of CTA 2009, to the extent that it constitutes the granting of aid to

which any of the provisions of Article 107 or 108 of the Treaty on the

Functioning of the European Union applies, is, or would be, compatible with

the internal market, within the meaning of Article 107 of that Treaty.

      (3)
An order under this paragraph may—

(a)
make incidental, supplemental, consequential, transitional or saving

provision, including provision amending Schedule 17;

(b)
contain provision having effect in relation to times before the order is

made or this Act is passed.

      (4)
A statutory instrument that contains (whether alone or with other provisions)

an order under this paragraph may not be made unless a draft of the instrument

has been laid before, and approved by a resolution of, the House of

Commons.’.

Mr David Gauke

46


Schedule  17,  page  307,  line  2,  at end insert—

‘( )
may provide for any of those amendments to be treated as having come

into force on a day earlier than the day on which the order is made or

this Act is passed;’.



© Parliamentary copyright	Revised 16 May 2013