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Finance Bill
Part 4 — Excise duties and other taxes

114

 

   

Change of keeper

   

The period of 14 days beginning with the day on which a new licence

or nil licence is issued for the vehicle because of a change in the person

by whom the vehicle is being kept.

   

Renewal etc.

5

   

The period of 14 days following the time when a licence or nil licence

for or in respect of the vehicle, or a relevant declaration applying to the

vehicle, ceases to be in force, but only if an application for a licence or

nil licence for or in respect of the vehicle to run from that time has been

received before that time.

10

   

Replacement

   

The period beginning with the time when a licence or nil licence that is

in force for or in respect of the vehicle is delivered to the Secretary of

State with an application for a replacement licence, and ending with the

time when the replacement licence is obtained.

15

(2)   

For the purposes of this section—

(a)   

there is a relevant declaration applying to a vehicle if the

particulars and declaration required to be furnished and made

by regulations under section 22(1D) have been furnished and

made in relation to the vehicle in accordance with the

20

regulations, and

(b)   

the relevant declaration ceases to be in force if, after the

particulars and declaration have been furnished and made the

vehicle is used or kept on a public road (otherwise than under a

trade licence).”

25

(3)   

In consequence of the provision made by subsections (1) and (2) omit—

(a)   

section 147 of FA 2008, and

(b)   

in regulation 6 of the Road Vehicles (Registration and Licensing)

Regulations 2002 (S.I. 2002/2742), paragraph (1) and, in paragraph (2),

the words “Except where paragraph (1) applies,”.

30

187     

Vehicles not kept or used on public road

(1)   

VERA 1994 is amended as follows.

(2)   

In section 7A (supplement payable on vehicle ceasing to be appropriately

covered), in subsection (1A)(d) omit “within the immediately preceding period

of 12 months”.

35

(3)   

In Schedule 2A (immobilisation, removal and disposal of vehicles), in

paragraph 1(10)(b) omit “within the immediately preceding period of 12

months”.

188     

Vehicle licences for disabled people

Schedule 35 makes provision about vehicle licences for disabled people.

40

 
 

Finance Bill
Part 4 — Excise duties and other taxes

115

 

Value added tax

189     

Repayments of value added tax to health service bodies

(1)   

In section 41 of VATA 1994 (application to the Crown), in subsection (7), after

“Board” insert “and a clinical commissioning group, the Health and Social Care

Information Centre, the National Health Service Commissioning Board and

5

the National Institute for Health and Care Excellence”.

(2)   

The amendment made by this section is treated as having come into force on 1

April 2013.

190     

Valuation of certain supplies of fuel

Schedule 36 contains provision about the valuation of certain supplies of fuel

10

for the purposes of value added tax.

191     

Reduced rate for energy-saving materials

(1)   

Group 2 (installation of energy-saving materials) of Part 2 of Schedule 7A to

VATA 1994 (reduced rate supplies of goods and services) is amended as

follows.

15

(2)   

For items 1 and 2 substitute—

“1.        

Supplies of services of installing energy-saving materials in

residential accommodation.

2.         

Supplies of energy-saving materials by a person who installs those

materials in residential accommodation.”

20

(3)   

Omit Note 3 (meaning of “use for a relevant charitable purpose”).

(4)   

The amendments made by this section have effect in relation to supplies made

on or after 1 August 2013.

Stamp duty land tax

192     

Pre-completion transactions: existing cases

25

(1)   

Section 45 of FA 2003 (contract and conveyance: effect of transfer of rights)—

(a)   

has effect subject to the amendment in subsection (2) below in relation

to agreements for the grant or assignment of an option that are entered

into during the period beginning with 21 March 2012 and ending

immediately before the day on which this Act is passed, and

30

(b)   

has effect subject to the amendments in subsections (3) to (7) below in

relation to transfers of rights (see subsection (1) of that section) entered

into during that period.

(2)   

At the end of subsection (2) insert “or an agreement for the future grant or

assignment of an option”.

35

(3)   

In subsection (3), in the second sentence, after “except” insert “in a case

excluded by subsection (3A) or”.

 
 

Finance Bill
Part 4 — Excise duties and other taxes

116

 

(4)   

After subsection (3) insert—

“(3A)   

A case is excluded by this subsection from the second sentence of

subsection (3) if—

(a)   

the secondary contract is substantially performed at the same

time as, and in connection with, the substantial performance or

5

completion of the original contract but is not completed at that

time (“the relevant time”),

(b)   

the original purchaser or a person connected with the original

purchaser is in possession of the whole, or substantially the

whole, of the subject-matter of the transfer of rights at any time

10

after the relevant time, and

(c)   

having regard to all the circumstances, it would be reasonable

to conclude that the obtaining of a tax advantage for the original

purchaser was the main purpose, or one of the main purposes,

of the original purchaser in entering into the transfer of rights.

15

(3B)   

In subsection (3A)—

“possession” has the same meaning as in section 44(5)(a);

“tax advantage” means—

(a)   

a relief from tax or increased relief from tax,

(b)   

a repayment of tax or increased repayment of tax, or

20

(c)   

the avoidance or reduction of a charge to tax.

(3C)   

Nothing in subsection (3A) or (3B) affects the breadth of the application

of sections 75A to 75C.”

(5)   

In subsection (4), at the end insert “except in a case excluded by subsection

(4A)”.

25

(6)   

After subsection (4) insert—

“(4A)   

Subsection (3A) applies for the purposes of subsection (4) as if—

(a)   

the reference to subsection (3) were a reference to subsection (4),

(b)   

a reference to the original contract were a reference to the

secondary contract arising from the earlier transfer of rights,

30

(c)   

a reference to the original purchaser were a reference to the

transferee under the earlier transfer of rights, and

(d)   

a reference to the transfer of rights were a reference to the

subsequent transfer of rights.”

(7)   

In subsection (5)(b)—

35

(a)   

after “subsection (3) above” insert “or in subsection (3A) above”, and

(b)   

after “subsection (4)” insert “or (4A)”.

(8)   

Subsections (10) to (12) apply where—

(a)   

as a result of subsection (1A) of this section, section 45 of FA 2003 does

not apply in relation to a contract of the kind mentioned in subsection

40

(1)(a) of that section (“the original contract”),

(b)   

the original contract was substantially performed or completed (or, in

a case that would have fallen within subsection (5) of that section,

substantially performed or completed so far as relating to the relevant

part of the subject-matter of the original contract) at the same time as,

45

and in connection with, the substantial performance or completion of

an agreement for the grant or assignment of an option, and

 
 

Finance Bill
Part 4 — Excise duties and other taxes

117

 

(c)   

that time fell before the day on which this Act is passed.

(9)   

Subsections (10) to (12) also apply where—

(a)   

section 45 of FA 2003 applies in relation to the contract for a land

transaction (“the original contract”),

(b)   

as a result of subsections (1) to (7) above, the substantial performance

5

or completion of the original contract (or, in a case within subsection (5)

of that section, its substantial performance or completion so far as

relating to part of the subject-matter of the original contract) is not

disregarded, and

(c)   

the relevant time referred to in subsection (3A)(a) of that section fell

10

before the day on which this Act is passed.

(10)   

Section 76 of FA 2003 (duty to deliver land transaction return) is to be regarded

as requiring the purchaser under the original contract to deliver a land

transaction return relating to the land transaction not later than 30 September

2013.

15

(11)   

Accordingly, 30 September 2013 is for the purposes of Part 4 of FA 2003 the

filing date for the land transaction return relating to the transaction.

(12)   

If the purchaser under the original contract (“P”) has delivered a land

transaction return relating to the land transaction before the day on which this

Act is passed, P must not later than 30 September 2013 give notice under

20

paragraph 6 of Schedule 10 to FA 2003 amending the return, but this does not

prevent P from making subsequent amendments within the time allowed by

sub-paragraph (3) of that paragraph.

193     

Pre-completion transactions

Schedule 37 contains provisions about certain transactions relating to a

25

contract that is to be completed by a conveyance.

194     

Relief from higher rate

Schedule 38 contains provisions about relief from the higher rate of stamp duty

land tax.

195     

Leases

30

Schedule 39 contains provision about stamp duty land tax in relation to leases.

Landfill tax

196     

Standard rate of landfill tax

(1)   

Section 42 of FA 1996 (amount of landfill tax) is amended as follows.

(2)   

In subsection (1)(a) (standard rate), for “£72” substitute “£80”.

35

(3)   

In subsection (2) (reduced rate) for “£72” substitute “£80”.

(4)   

The amendments made by this section have effect in relation to disposals made

(or treated as made) on or after 1 April 2014.

 
 

 
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