House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

465

House of Commons

Tuesday 2 July 2013

Consideration of Bill

New Amendments handed in are marked thus

Finance Bill, As Amended

Note

The Amendments have been arranged in accordance with the Finance Bill:

Programme No. 2 Motion in the name of Mr Chancellor of the Exchequer.

REMAINING NEW CLAUSES STANDING IN THE NAME OF A MINISTER OF THE CROWN;

AMENDMENTS STANDING IN THE NAME OF A MINISTER OF THE CROWN OTHER THAN

AMENDMENTS TO SCHEDULE 18; NEW CLAUSES AND NEW SCHEDULES RELATING TO

THE IMPACT, ON REVENUE FROM RATES AND MEASURES IN THE FINANCE BILL,

RESULTING FROM THE SPENDING REVIEW

Restrictions on interim payments in proceedings relating to taxation matters

Mr Chancellor of the Exchequer

NC7

To move the following Clause:—

‘(1)
This section applies to an application for an interim remedy (however described),

made in any court proceedings relating to a taxation matter, if the application is

founded (wholly or in part) on a point of law which has yet to be finally

determined in the proceedings.

(2)
Any power of a court to grant an interim remedy (however described) requiring

the Commissioners for Her Majesty’s Revenue and Customs, or an officer of

Revenue and Customs, to pay any sum to any claimant (however described) in the

proceedings is restricted as follows.

(3)
The court may grant the interim remedy only if it is shown to the satisfaction of

the court—

(a)
that, taking account of all sources of funding (including borrowing)

reasonably likely to be available to fund the proceedings, the payment of

the sum is necessary to enable the proceedings to continue, or

(b)
that the circumstances of the claimant are exceptional and such that the

granting of the remedy is necessary in the interests of justice.

(4)
The powers restricted by this section include (for example)—

Consideration of Bill: 2 July 2013
466

Finance Bill, continued

(a)
powers under rule 25 of the Civil Procedure Rules 1998 (S.I. 1998/3132);

(b)
powers under Part II of Rule 29 of the Rules of the Court of Judicature

(Northern Ireland) (Revision) 1980 (S.R. 1980 No.346).

(5)
This section applies in relation to proceedings whenever commenced, but only in

relation to applications made in those proceedings on or after 26 June 2013.

(6)
This section applies on and after 26 June 2013.

(7)
Subsection (8) applies where, on or after 26 June 2013 but before the passing of

this Act, an interim remedy was granted by a court using a power which, because

of subsection (6), is to be taken to have been restricted by this section.

(8)
Unless it is shown to the satisfaction of the court that paragraph (a) or (b) of

subsection (3) applied at the time the interim remedy was granted, the court must,

on an application made to it under this subsection—

(a)
revoke or modify the interim remedy so as to secure compliance with this

section, and

(b)
if the Commissioners have, or an officer of Revenue and Customs has,

paid any sum as originally required by the interim remedy, order the

repayment of the sum or any part of the sum as appropriate (with interest

from the date of payment).

(9)
For the purposes of this section, proceedings on appeal are to be treated as part of

the original proceedings from which the appeal lies.

(10)
In this section “taxation matter” means anything, other than national insurance

contributions, the collection and management of which is the responsibility of the

Commissioners for Her Majesty’s Revenue and Customs (or was the

responsibility of the Commissioners of Inland Revenue or Commissioners of

Customs and Excise).’.

Mr Chancellor of the Exchequer

1

Clause  175,  page  105,  leave out lines 4 to 13 and insert—

‘(3)
Condition A is that, at any time on or after 6 April 2013 and during the period of

7 years ending with the date on which the election is made, the person had a

spouse or civil partner who was domiciled in the United Kingdom.

(4)
Condition B is that a person (“the deceased”) dies and, at any time on or after 6

April 2013 and within the period of 7 years ending with the date of death, the

deceased was—

(a)
domiciled in the United Kingdom, and

(b)
the spouse or civil partner of the person who would, by virtue of the

election, be treated as domiciled in the United Kingdom.’.

Mr Chancellor of the Exchequer

2

Clause  175,  page  105,  leave out lines 39 to 43.

Mr Chancellor of the Exchequer

3

Clause  175,  page  106,  line  4,  leave out ‘spouse or civil partner’s’ and insert

‘deceased’s’.

Consideration of Bill: 2 July 2013
467

Finance Bill, continued

Mr Chancellor of the Exchequer

4

Clause  175,  page  106,  line  7,  leave out from first ‘date’ to end of line 19 and insert

‘if, on the date—

(a)
in the case of a lifetime election—

(i)
the person making the election was married to, or in a civil

partnership with, the spouse or civil partner, and

(ii)
the spouse or civil partner was domiciled in the United Kingdom,

or

(b)
in the case of a death election—

(i)
the person who is, by virtue of the election, to be treated as

domiciled in the United Kingdom was married to, or in a civil

partnership with, the deceased, and

(ii)
the deceased was domiciled in the United Kingdom.’.

Mr Chancellor of the Exchequer

5

Clause  175,  page  106,  line  21,  leave out ‘spouse or civil partner’ and insert

‘deceased’.

Mr Chancellor of the Exchequer

6

Clause  175,  page  106,  line  27,  leave out ‘or (4)(b)’.

Mr Chancellor of the Exchequer

7

Clause  175,  page  106,  line  41,  leave out ‘a lifetime or death election’ and insert ‘an

election under section 267ZA(1)’.

Mr Chancellor of the Exchequer

8

Schedule  2,  page  144,  line  34,  at end insert—

‘(10A)
For the purposes of subsection (10) it does not matter if the general

offer is made to different shareholders by different means.’.

Mr Chancellor of the Exchequer

9

Schedule  2,  page  144,  line  45,  after ‘“(7)’, insert—


‘For the purposes of sub-paragraph (5) it does not matter if the

general offer is made to different shareholders by different means.

      (8)
’.

Mr Chancellor of the Exchequer

10

Schedule  2,  page  146,  line  20,  at end insert—

‘(3DA)
In subsection (3D)(a) the reference to the issued ordinary share capital

of the relevant company does not include any capital already held by

Consideration of Bill: 2 July 2013
468

Finance Bill, continued

the person making the offer or a person connected with that person and

in subsection (3D)(b) the reference to the shares in the relevant

company does not include any shares already held by the person

making the offer or a person connected with that person.

(3DB)
For the purposes of subsection (3D)(a) and (b) it does not matter if the

general offer is made to different shareholders by different means.’.

Mr Chancellor of the Exchequer

11

Schedule  2,  page  147,  line  16,  at end insert—

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

“(3A)
In sub-paragraph (3)(a) the reference to the issued ordinary share

capital of the company does not include any capital already held by

the person making the offer or a person connected with that person

and in sub-paragraph (3)(b) the reference to the shares in the

company does not include any shares already held by the person

making the offer or a person connected with that person.

    (3B)
For the purposes of sub-paragraph (3)(a) and (b) it does not matter

if the general offer is made to different shareholders by different

means.”

    (1B)
A SAYE option scheme approved before the day on which this Act is passed

which contains provision under paragraph 37(1) of Schedule 3 to ITEPA 2003

by reference to paragraph 37(2) has effect with any modifications needed to

reflect the amendment made by sub-paragraph (1A).’.

Mr Chancellor of the Exchequer

12

Schedule  2,  page  147,  line  37,  leave out sub-paragraph (1) and insert—

    ‘(1)
In Part 7 of Schedule 3 (exercise of share options) paragraph 38 (exchange of

options on company reorganisation) is amended as follows.

    (1A)
In sub-paragraph (2)(c)—

(a)
after “982” insert “or 983 to 985”, and

(b)
after “shareholder” insert “etc”.

    (1B)
After sub-paragraph (2) insert—

“(2A)
In sub-paragraph (2)(a)(i) the reference to the issued ordinary share

capital of the scheme company does not include any capital already

held by the person making the offer or a person connected with that

person and in sub-paragraph (2)(a)(ii) the reference to the shares in

the scheme company does not include any shares already held by

the person making the offer or a person connected with that person.

    (2B)
For the purposes of sub-paragraph (2)(a)(i) and (ii) it does not

matter if the general offer is made to different shareholders by

different means.”’

Mr Chancellor of the Exchequer

13

Schedule  2,  page  149,  line  34,  at end insert—

‘(2HA)
In subsection (2H)(a) the reference to the issued ordinary share capital

of the relevant company does not include any capital already held by

the person making the offer or a person connected with that person and

Consideration of Bill: 2 July 2013
469

Finance Bill, continued

in subsection (2H)(b) the reference to the shares in the relevant

company does not include any shares already held by the person

making the offer or a person connected with that person.

(2HB)
For the purposes of subsection (2H)(a) and (b) it does not matter if the

general offer is made to different shareholders by different means.’.

Mr Chancellor of the Exchequer

14

Schedule  2,  page  150,  line  31,  at end insert—

‘(3A)
In sub-paragraph (3)(a) the reference to the issued ordinary share

capital of the company does not include any capital already held by

the person making the offer or a person connected with that person

and in sub-paragraph (3)(b) the reference to the shares in the

company does not include any shares already held by the person

making the offer or a person connected with that person.

    (3B)
For the purposes of sub-paragraph (3)(a) and (b) it does not matter

if the general offer is made to different shareholders by different

means.’.

Mr Chancellor of the Exchequer

15

Schedule  2,  page  151,  line  6,  leave out sub-paragraph (1) and insert—

    ‘(1)
In Part 6 of Schedule 4 (exercise of share options) paragraph 26 (exchange of

options on company reorganisation) is amended as follows.

    (1A)
In sub-paragraph (2)(c)—

(a)
after “982” insert “or 983 to 985”, and

(b)
after “shareholder” insert “etc”.

    (1B)
After sub-paragraph (2) insert—

“(2A)
In sub-paragraph (2)(a)(i) the reference to the issued ordinary share

capital of the scheme company does not include any capital already

held by the person making the offer or a person connected with that

person and in sub-paragraph (2)(a)(ii) the reference to the shares in

the scheme company does not include any shares already held by

the person making the offer or a person connected with that person.

    (2B)
For the purposes of sub-paragraph (2)(a)(i) and (ii) it does not

matter if the general offer is made to different shareholders by

different means.”’.

Mr Chancellor of the Exchequer

16

Schedule  2,  page  151,  line  13,  at end insert—

‘Enterprise management incentives

30A(1)
In Part 6 of Schedule 5 (company reorganisations) in paragraph 39

(introduction) after sub-paragraph (3) insert—

  “(4)
In sub-paragraph (2)(a)(i) the reference to the issued share capital

of the company does not include any capital already held by the

person making the offer or a person connected with that person and

in sub-paragraph (2)(a)(ii) the reference to the shares in the

Consideration of Bill: 2 July 2013
470

Finance Bill, continued

company does not include any shares already held by the person

making the offer or a person connected with that person.

      (5)
For the purposes of sub-paragraph (2)(a)(i) and (ii) it does not

matter if the general offer is made to different shareholders by

different means.”

      (2)
The amendment made by this paragraph comes into force on such day as the

Treasury may by order appoint.’.

Mr Chancellor of the Exchequer

17

Schedule  9,  page  205,  line  7,  after ‘(g)’, insert ‘or (4A)’.

Mr Chancellor of the Exchequer

18

Schedule  9,  page  206,  line  32,  after ‘(g)’, insert ‘or (4A)’.

Mr Chancellor of the Exchequer

19

Schedule  9,  page  213,  line  25,  at end insert—

‘(4A)
The Commissioners for Her Majesty’s Revenue and Customs may

by regulations provide that sub-paragraph (2) does not apply if

prescribed conditions are met in relation to the assignment.


“Prescribed” means prescribed by the regulations.

    (4B)
Regulations under sub-paragraph (4A) may—

(a)
make different provision for different cases or

circumstances, and

(b)
contain incidental, supplementary, consequential,

transitional, transitory or saving provision.’.

Mr Chancellor of the Exchequer

20

Schedule  9,  page  213,  line  27,  after ‘(3)’, insert ‘or (4A)’.

Mr Chancellor of the Exchequer

21

Schedule  9,  page  213,  line  48,  after ‘(g)’, insert ‘or (4A)’.

Mr Chancellor of the Exchequer

22

Schedule  9,  page  214,  line  33,  at end insert—

‘(6A)
The Commissioners for Her Majesty’s Revenue and Customs may

by regulations provide that an individual is not required to comply

with sub-paragraph (2) if prescribed conditions are met.


“Prescribed” means prescribed by the regulations.

    (6B)
Accordingly, if by virtue of regulations under sub-paragraph (6A)

an individual is not required to comply with sub-paragraph (2), sub-

Consideration of Bill: 2 July 2013
471

Finance Bill, continued

paragraph (3) does not apply because that individual does not

comply with sub-paragraph (2).’.

Mr Chancellor of the Exchequer

23

Schedule  9,  page  214,  line  42,  leave out ‘Finance Act 2013 is passed’ and insert

‘first regulations under paragraph (c) below come into force’.

Mr Chancellor of the Exchequer

24

Schedule  9,  page  215,  line  12,  at end insert—

‘(8A)
Sub-paragraph (8B) applies in relation to a policy if the obligations

under the policy of its issuer are at any time the obligations of

another person (“the transferee”) to whom there has been a transfer

of the whole or any part of a business previously carried on by the

issuer.

    (8B)
In relation to that time, in sub-paragraph (2) the reference to the

issuer of the policy is to be read as a reference to the transferee.’.

Mr Chancellor of the Exchequer

25

Schedule  9,  page  215,  line  13,  after ‘sub-paragraph’ insert ‘(6A) or’.

Mr Chancellor of the Exchequer

26

Schedule  9,  page  221,  line  38,  leave out from ‘regulations’ to end of line 9 on page

222 and insert ‘—

(a)
requiring relevant persons—

(i)
to provide prescribed information to persons who

apply for the issue of qualifying policies or who are,

or may be, required to make statements under

paragraph B3(2) of Schedule 15;

(ii)
to provide to an officer of Revenue and Customs

prescribed information about qualifying policies

which have been issued by them or in relation to

which they are or have been a relevant transferee;

(b)
making such provision (not falling within paragraph (a)) as

the Commissioners think fit for securing that an officer of

Revenue and Customs is able—

(i)
to ascertain whether there has been or is likely to be

any contravention of the requirements of the

regulations or of paragraph B3(2) of Schedule 15;

(ii)
to verify any information provided to an officer of

Revenue and Customs as required by the

regulations.’.

Mr Chancellor of the Exchequer

27

Schedule  9,  page  222,  line  10,  leave out ‘(2)’ and insert ‘(1)(b)’.



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