House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

169

House of Commons

Thursday 20 June 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

Cathy Jamieson

Catherine McKinnell

Chris Leslie

149

Clause  217,  page  126,  line  13,  at end add—

‘(2)
The Chancellor of the Exchequer shall consider what steps Her Majesty’s

Government could take, working alongside developing country governments, to

assess the impact of changes to the Controlled Foreign Company Rules in the

Finance Act 2012 and as a result of this Part of this Act on the overall tax take of

developing countries. He shall report on this issue to Parliament within six

months of Royal Assent.’.

Mr David Gauke

141

Clause  219,  page  127,  line  13,  leave out ‘the purpose of’ and insert ‘or in

connection with’.

Public Bill Committee: 20 June 2013
170

Finance Bill, continued

Mr David Gauke

142

Clause  219,  page  127,  line  23,  at end insert—

‘( )
any arrangements for the exchange of tax information in relation to the

United Kingdom and any other territory which make provision

corresponding, or substantially similar, to that made by an agreement

within paragraph (a) or (b).’.

Mr David Gauke

143

Clause  219,  page  127,  line  30,  at end insert ‘(including obligations to obtain from

specified persons details of their place of residence for tax purposes)’.

Mr David Gauke

144

Clause  219,  page  127,  line  36,  after ‘agreement’ insert ‘or arrangements’.

Mr David Gauke

145

Clause  219,  page  127,  line  37,  after ‘agreement’ insert ‘or arrangements’.

Mr David Gauke

146

Clause  219,  page  127,  line  38,  after ‘agreement’ insert ‘or arrangements’.

Ed Balls

Chris Leslie

Catherine McKinnell

Cathy Jamieson

109

Clause  219,  page  128,  line  8,  at end add—

‘(8)
Her Majesty’s Revenue and Customs shall review the possibility of bringing

foward measures to work in conjunction with other G8 countries and the

members of the Organisation for Economic Co-operation and Development, to

require multi-national companies to publish a single easily comparable figure for

the amount of corporation tax they pay, and within six months of the passage of

this Act, place a copy of the review in the House of Commons Library.

(9)
The Chancellor of the Exchequer shall review the effects of incorporating a

global standard for public registration of ownership of companies and trusts via a

convention on tax transparency, including a requirement on companies to publish

a single easily comparable figure for the amount of corporation tax they pay in

the UK, on Treasury tax receipts within six months of the passage of this Act, and

consult with G8 countries on their effectiveness. He shall place a copy of the

review in the House of Commons Library.’.

Public Bill Committee: 20 June 2013
171

Finance Bill, continued

Ed Balls

Catherine McKinnell

Chris Leslie

Cathy Jamieson

147

Clause  220,  page  129,  line  6,  at end add—

‘(2)
The Chancellor of the Exchequer shall consider what steps Her Majesty’s

Government could take, in co-operation with developing country governments, to

assess how UK companies could report their use of tax use schemes that have an

impact of developing countries, and how the UK could assist in the recovery of

that tax. He shall report on this issue to Parliament within six months of Royal

Assent.’.

Ed Balls

Cathy Jamieson

Chris Leslie

Catherine McKinnell

52

Clause  225,  page  132,  line  43,  at end add—

‘(3)
The Treasury shall publish a review within six months of Royal Assent of the

impact of the recent withdrawal of merchant acquiring facilities by banks from

small enterprises and in particular travel agencies. The review shall specifically

consider—

(a)
the impact on the ability of targeted businesses to continue to trade where

customers are unable to pay securely for transactions by debit or credit

card; and

(b)
the risks of increased levels of activity in the hidden economy and the

potential costs to the Exchequer.’.

NEW CLAUSES OTHER THAN THOSE RELATING TO TAX MEASURES CONCERNING

HOUSING AND FIRST APPEARING ON THE ORDER PAPER NOT LATER THAN TUESDAY 16

APRIL OR 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

Contribution allowances: plant and machinery

Mr David Gauke

NC4

To move the following Clause:—

‘(1)
Section 538 of CAA 2001 (contribution allowances: plant and machinery) is

amended as follows.

(2)
In subsection (1), omit the “and” at the end of paragraph (a) and after that

paragraph insert—

“(aa)
C’s contribution is to expenditure on the provision of plant or

machinery, and”.

Public Bill Committee: 20 June 2013
172

Finance Bill, continued

(3)
In subsection (2)—

(a)
in paragraph (a), for “asset provided by means of C’s contribution”

substitute “plant or machinery”,

(b)
in paragraph (b), for “asset” substitute “plant or machinery”, and

(c)
in paragraph (c)—

(i)
for “asset” substitute “plant or machinery”, and

(ii)
after “times” insert “plant or machinery”.

(4)
The amendments made by this section have effect in relation to expenditure

pooled, and to claims made, on or after 29 May 2013 (“the commencement

date”).

(5)
In relation to such expenditure and claims, when determining for the purposes of

section 536(3)(a) of CAA 2001 whether an allowance can be made under Chapter

2 of Part 11 of that Act, the amendments made by this section are to be treated as

always having had effect.

(6)
Nothing in this section applies to a claim by a person for a contribution allowance

under Part 2 of CAA 2001 in respect of a contribution made before the

commencement date.

(7)
Subsection (8) applies if—

(a)
expenditure which a person has been regarded as having incurred

(despite section 532(1) of CAA 2001) by virtue of section 536(1) has

been pooled by virtue of section 53—

(i)
on or after 1 January 2013 but before the commencement date, or

(ii)
before 1 January 2013 in circumstances where no claim was

made in respect of the expenditure before that date, and

(b)
had the amendments made by this section had effect at the time the

expenditure was incurred, that person would not have been regarded as

having incurred that expenditure (“the relevant expenditure”).

(8)
Part 2 of CAA 2001 has effect as if an event had occurred as a result of which the

person is required to bring into account as a disposal receipt under that Part, for

the chargeable period in which the commencement date falls, a disposal value of

an amount equal to E-A.

(9)
For the purposes of subsection (8)—

E is the amount of the relevant expenditure, and

A is the total amount of writing-down allowances made in respect of the

relevant expenditure.

(10)
For the purpose of calculating A, the total amount of writing-down allowances

made in respect of expenditure on an item of plant or machinery is to be

determined as if that item were the only item of plant or machinery in relation to

which Chapter 5 of Part 2 of CAA 2001 had effect.

(11)
The event mentioned in subsection (8) is not to be regarded as a disposal event

for the purposes of section 60(3) of CAA 2001.’.

Public Bill Committee: 20 June 2013
173

Finance Bill, continued

Abolition of retrospective application of section 58(4) of the Finance Act 2008

Steve Baker

Mr Dominic Raab

NC1

To move the following Clause:—

‘(1)
Section 58 of the Finance Act 2008 (UK residents and foreign partnerships) is

amended as follows.

(2)
In subsection (4), delete “always having had effect” and insert “having effect

from 12 March 2008.”.’.

Stamp duty and stamp duty reserve tax: unit trusts

Ed Balls

Cathy Jamieson

Chris Leslie

Catherine McKinnell

NC2

To move the following Clause:—

‘(1)
The Chancellor shall, within six months of Royal Assent, publish and lay before

the House of Commons a report detailing the distributional impact of any changes

to or abolition of Schedule 19 to the Finance Act 1999.

(2)
No amendment may be made to Schedule 19 to the Finance Act 1999 within two

years of Royal Assent, unless the report set out in subsection (1) has been

published and laid before the House of Commons.’.

Employee shareholders

Ed Balls

Cathy Jamieson

Chris Leslie

Catherine McKinnell

NC3

To move the following Clause:—

‘Section 31 of the Growth and Infrastructure Act 2013 (“Employee

shareholders”) is repealed upon Royal Assent of this Act.’.

Public Bill Committee: 20 June 2013
174

Finance Bill, continued

Rate of bingo duty

Ed Balls

Cathy Jamieson

Chris Leslie

Catherine McKinnell

NC5

To move the following Clause:—

‘The Chancellor of the Exchequer shall within six months of the passing of this

Act provide a report to Parliament on the impact of bingo duty on—

(a)
the level of employment in the bingo industry, and

(b)
the competitiveness of the bingo industry relative to other gambling

industries.’.

Transfer pricing arrangements

Ed Balls

Chris Leslie

Catherine McKinnell

Cathy Jamieson

NC6

To move the following Clause:—

‘Within 30 days of the coming into force of this Act, Her Majesty’s Government

shall propose to the governments who are members of the Organisation for

Economic Co-operation and Development that co-ordinated action be taken at the

earliest opportunity to prevent the abuse of transfer pricing arrangements by

multi-national corporations and that early consideration should be given to a

review of the current Transfer Pricing Guidelines for Multi-national Enterprises

and Tax Administrations.’.

ORDER OF THE HOUSE [15 April 2013]

That the following provisions shall apply to the Finance (No. 2) Bill:

Committal

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

(a)
Clauses 1, 3, 16, 183, 184 and 200 to 212;

(b)
Schedules 3 and 41;

(c)
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

(d)
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.

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

Public Bill Committee: 20 June 2013
175

Finance Bill, continued

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.

              TABLE

Proceedings
Time for conclusion of

proceedings

First day

New Clauses and new
Two hours after the

Schedules relating to tax
commencement of proceedings

measures concerning housing
on the Bill

New Clauses and new
Four and a half hours after the

Schedules relating to the bank
commencement of proceedings

levy; Clauses 200 to 202
on the Bill

New Clauses and new
Seven hours after the

Schedules relating to the subject
commencement of proceedings

matter of Clauses 203 to 212
on the Bill

and Schedule 41; Clauses 203 to

212; Schedule 41

Proceedings
Time for conclusion of

proceedings

Second day

New Clauses and new
Two hours after the

Schedules relating to the subject
commencement of proceedings

matter of Clauses 1 and 16 and
on the Bill

Schedule 3; Clauses 1 and 16;

Schedule 3

New Clauses and new
Four and a half hours after the

Schedules relating to value
commencement of proceedings

added tax or the subject matter
on the Bill

of Clause 3; Clause 3

New Clauses and new
Six and a half hours after the

Schedules relating to air
commencement of proceedings

passenger duty; Clauses 183 and
on the Bill.

184

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

previously concluded) be brought to a conclusion on Thursday 20

June 2013.

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

day on which it meets.



© Parliamentary copyright	Revised 20 June 2013