Finance (No. 2) Bill (HC Bill 190)
PART 1 continued CHAPTER 4 continued
Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-79 79-80 80-89 90-99 100-109 110-119 120-129 130-139 140-156 157-159 160-169 Last page
Finance (No. 2) BillPage 60
(c)
in subsection (7), the references to the trade are to be read as
references to the E&A activities.
(7) In this section—
-
“E&A activities” means oil and gas exploration and appraisal in
5the United Kingdom or an area designated by Order in Council
under section 1(7) of the Continental Shelf Act 1964; -
“E&A company” means a company which carries on E&A
activities and does not carry on a ring fence trade; -
“E&A expenditure” means expenditure on E&A activities which is
10treated as such under generally accepted accounting practice; -
“oil asset” has the same meaning as in section 198E, and section
198I applies for the purposes of this section as it applies for the
purposes of section 198E; -
“relevant E&A assets” means assets which—
(a)15are used, and used only, for the purposes of E&A
activities carried on by the company throughout the
period of ownership, and(b)are within the classes of assets listed in section 155 (with
references to “the trade” in that section being read as
20references to the E&A activities); -
“ring fence trade” has the meaning given by section 277 of CTA
2010; -
“UK licence” means a licence within the meaning of Part 1 of the
Oil Taxation Act 1975;
25and a reference to a UK licence which relates to an undeveloped area
has the same meaning as in section 194 (see section 196).
198K Provisional application of section 198J
(1)
This section applies where a company for a consideration disposes of,
or of an interest in, any assets at a time when it is an E&A company and
30declares, in the company’s return for the chargeable period in which
the disposal takes place—
(a)
that the whole or any specified part of the consideration will be
applied, within the permitted reinvestment period—
(i)
on E&A expenditure at a time when the company is an
35E&A company, or
(ii)
on expenditure on oil assets which are taken into use,
and used only, for the purposes of the company’s ring
fence trade, and
(b)
that the company intends to make a claim under section 198J(2)
40or (4) in relation to the disposal.
(2)
Until the declaration ceases to have effect, section 198J applies as if the
expenditure had been incurred and the person had made such a claim.
(3) The declaration ceases to have effect as follows—
(a)
if and to the extent that it is withdrawn before the relevant day,
45or is superseded before that day by a valid claim under section
198J, on the day on which it is so withdrawn or superseded, and
(b)
if and to the extent that it is not so withdrawn or superseded, on
the relevant day.
Finance (No. 2) BillPage 61
(4)
On the declaration ceasing to have effect in whole or in part, all
necessary adjustments—
(a)
are to be made by making or amending assessments or by
repayment or discharge of tax, and
(b)
5are to be so made despite any limitation on the time within
which assessments or amendments may be made.
(5)
In this section “the relevant day” means the fourth anniversary of the
last day of the accounting period in which the disposal took place.
(6) For the purposes of this section—
(a)
10sections (6), (10) and (11) of section 152 apply as they apply for
the purposes of that section, except that in subsection (6) the
reference to a trade is to be read as a reference to E&A activities
or a ring fence trade, and
(b)
terms used in this section which are defined in section 198J have
15the meaning given by that section.
198L Expenditure by member of same group
(1) Section 198J applies where—
(a)
the disposal is by a company which, at the time of the disposal,
is a member of a group of companies (within the meaning of
20section 170),
(b)
the E&A expenditure or expenditure on oil assets is by another
company which, at the time the expenditure is incurred, is a
member of the same group, and
(c) the claim under section 198J is made by both companies,
25as if both companies were the same person.
(2)
“E&A company”, “E&A expenditure” and “oil assets” have the
meaning given by section 198J.”
(2)
The amendment made by this section has effect in relation to disposals made
on or after 1 April 2014.
67 30Substantial shareholder exemption: oil and gas
(1)
In Schedule 7AC to TCGA 1992 (exemption for disposals by companies with
substantial shareholding), in paragraph 15A (effect of transfer of trading assets
within a group), after sub-paragraph (2) insert—
“(2A)
For the purposes of sub-paragraph (2)(b) and (d), “trade” includes oil
35and gas exploration and appraisal.”
(2)
The amendment made by this section has effect in relation to disposals made
on or after 1 April 2014.
Partnerships
68 Partnerships
40Schedule 13 makes provision in relation to partnerships.
Finance (No. 2) BillPage 62
Transfer pricing
69 Transfer pricing: restriction on claims for compensation adjustments
(1)
Chapter 4 of Part 4 of TIOPA 2010 (transfer pricing: position of disadvantaged
person) is amended as follows.
(2)
5In section 174 (claim by the affected person who is potentially advantaged), in
subsection (3), before the entry for section 175 insert—
-
“section 174A (claim not allowed in some cases where the
disadvantaged person is within the charge to income tax),”.
(3) After that section insert—
“174A
10 Claims under section 174 where disadvantaged person within charge
to income tax
A claim under section 174 may not be made if—
(a)
the disadvantaged person is a person (other than a company)
within the charge to income tax in respect of profits arising from
15the relevant activities, and
(b) the advantaged person is a company.”
(4) After section 187 insert—
“Treatment of interest where claim prevented by section 174A
187A Excess interest treated as a qualifying distribution
(1)
20Subsection (2) applies if Conditions A to C in section 187 are met in
circumstances where section 174A prevents a claim under section 174.
(2)
The interest paid under the actual provision, so far as it exceeds ALINT,
is treated for the purposes of the Income Tax Acts as a dividend paid by
the company which paid the interest (and, accordingly, as a qualifying
25distribution).”
(5)
The amendments made by this section have effect in relation to any amount
arising on or after 25 October 2013, except pre-commencement interest.
(6)
“Pre-commencement interest” means an amount of interest to the extent that it
is, in accordance with generally accepted accounting practice, referable to a
30period before 25 October 2013.
Part 2 Excise duties and other taxes
Alcohol
70 Rates of alcoholic liquor duties
(1) 35ALDA 1979 is amended as follows.
(2) In section 36(1AA) (rates of general beer duty)—
(a)
in paragraph (za) (rate of duty on lower strength beer), for “£9.17”
substitute “£8.62”, and
Finance (No. 2) BillPage 63
(b)
in paragraph (a), (standard rate of duty on beer), for “£19.12” substitute
“£18.74”.
(3) In section 37(4) (rate of high strength beer duty), for “£5.09” substitute “£5.29”.
(4)
In section 62(1A) (rates of duty on cider), in paragraph (a) (rate of duty per
5hectolitre on sparkling cider of a strength exceeding 5.5%), for “£258.23”
substitute “£264.61”.
(5) For Part 1 of the table in Schedule 1 substitute—
“ Part 1
Part 1 Wine or made-wine of a strength not exceeding 22%
10Description of wine or made-wine | Rates of duty per hectolitre £ |
---|---|
Wine or made-wine of a strength not exceeding 4% | 84.21 |
15Wine or made-wine of a strength exceeding 4% but not exceeding 5.5% |
115.80 |
Wine or made-wine of a strength exceeding 5.5% but not exceeding 15% and not being sparkling |
20273.31 |
Sparkling wine or sparkling made-wine of a strength exceeding 5.5% but less than 8.5% |
264.61 |
Sparkling wine or sparkling made-wine of a strength of 25at least 8.5% but not exceeding 15% |
350.07 |
Wine or made-wine of a strength exceeding 15% but not exceeding 22% |
364.37”. |
(6)
30The amendments made by this section are treated as having come into force on
24 March 2014.
Tobacco
71 Rates of tobacco products duty
(1) For the table in Schedule 1 to TPDA 1979 substitute—
35
1. Cigarettes | An amount equal to 16.5% of the retail price plus £184.10 per thousand cigarettes |
402. Cigars | £229.65 per kilogram |
3. Hand-rolling tobacco | £180.46 per kilogram |
4. Other smoking tobacco and 45chewing tobacco |
£100.96 per kilogram”. |
(2)
The amendment made by this section is treated as having come into force at 6
pm on 19 March 2014.
Air passenger duty
72 50Air passenger duty: rates of duty from 1 April 2014
(1) Section 30 of FA 1994 (air passenger duty: rates of duty) is amended as follows.
(2) In subsection (3)—
(a) in paragraph (a), for “£67” substitute “£69”, and
(b) in paragraph (b), for “£134” substitute “£138”.
(3)
55In subsection (4)—
(a) in paragraph (a), for “£83” substitute “£85”, and
(b) in paragraph (b), for “£166” substitute “£170”.
(4)
In subsection (4A)—
(a) in paragraph (a), for “£94” substitute “£97”, and
(b) 60in paragraph (b), for “£188” substitute “£194”.
(5)
The amendments made by this section have effect in relation to the carriage of
passengers beginning on or after 1 April 2014.
73 Air passenger duty: rates of duty from 1 April 2015
(1) Chapter 4 of Part 1 of FA 1994 (air passenger duty) is amended as follows.
(2)
65Section 30 (rates of duty), as amended by section 72 of this Act, is amended as
follows.
(3) Omit subsections (3) and (4).
(4) In subsection (4A)—
(a) in paragraph (a) for “£97” substitute “£71”, and
(b) 70in paragraph (b) for “£194” substitute “£142”.
(5) In subsection (4E)—
(a)
in paragraph (a) for “twice the rate in subsection (2)(b)” substitute “six
times the rate in subsection (2)(a)”,
(b) after paragraph (a) insert “and”,
(c) 75omit paragraph (b),
(d) omit paragraph (c) and the “and” after it, and
(e)
in paragraph (d) for “twice the rate in subsection (4A)(b)” substitute
“six times the rate in subsection (4A)(a)”.
(6) Section 30A (Northern Ireland long haul rates of duty) is amended as follows.
(7) 80Omit subsections (2) to (4).
(8)
In subsection (5) for “If the passenger’s journey ends at any other place”
substitute “Air passenger duty is chargeable on the carriage of the chargeable
passenger at the rate determined as follows”.
(9) In subsection (5A)—
(a) 85omit paragraph (a),
Finance (No. 2) BillPage 64
(b) omit paragraph (b) and the “and” after it, and
(c) in paragraph (c)—
(i) omit the words from the beginning to “(5)(a) or (b),”,
(ii)
after “instead” insert “of the rate set for the purposes of
5subsection (5)(a) or (b)”, and
(iii)
in sub-paragraph (ii) for “twice the rate set for the purposes of
subsection (5)(b)” substitute “six times the rate set for the
purposes of subsection (5)(a)”.
(10) In Schedule 5A (territories) omit Parts 2 and 3.
(11)
10The amendments made by this section have effect in relation to the carriage of
passengers beginning on or after 1 April 2015.
74 Air passenger duty: adjustments to Part 3 of Schedule 5A to FA 1994
(1) In Part 3 of Schedule 5A to FA 1994 (air passenger duty: territories)—
(a)
omit “Ascension Island”, “Netherlands Antilles” and “Saint Helena”,
15and
(b) at the appropriate places insert—
“Bonaire”,
“Curaçao”,
“Saba”,
20“Saint Helena, Ascension and Tristan da Cunha”,
“Sint Eustatius”, and
“Sint Maarten”.
(2)
The amendments made by this section have effect in relation to the carriage of
passengers beginning on or after the day on which this Act is passed.
25Vehicle excise duty
75 VED rates for light passenger vehicles, light goods vehicles, motorcycles etc
(1) Schedule 1 to VERA 1994 (annual rates of duty) is amended as follows.
(2) In paragraph 1 (general)—
(a)
in sub-paragraph (2) (vehicle not covered elsewhere in Schedule
30otherwise than with engine cylinder capacity not exceeding 1,549cc),
for “£225” substitute “£230”, and
(b)
in sub-paragraph (2A) (vehicle not covered elsewhere in Schedule with
engine cylinder capacity not exceeding 1,549cc), for “£140” substitute
“£145”.
(3) 35In paragraph 1B (graduated rates of duty for light passenger vehicles)—
Finance (No. 2) BillPage 65
(a) for the tables substitute—
“Table 1
Rates payable on first vehicle licence for vehicle
CO2 emissions figure | Rate | ||
---|---|---|---|
(1) | 5(2) | (3) | (4) |
Exceeding | Not exceeding | 10Reduced rate | Standard rate |
g/km | g/km | 15£ |
£ |
130 | 140 | 20 120 | 130 |
140 | 150 | 135 | 25 145 |
150 | 165 | 170 | 180 |
30 165 | 175 | 280 | 290 |
175 | 35 185 | 335 | 345 |
185 | 200 | 40 475 | 485 |
200 | 225 | 625 | 45 635 |
225 | 255 | 850 | 860 |
50 255 | — | 1080 | 1090 |
Table 2
Rates payable on any other vehicle licence for vehicle
CO2 emissions figure | 55Rate | ||
---|---|---|---|
(1) | (2) | (3) | (4) |
60 Exceeding | Not exceeding | Reduced rate | Standard rate |
g/km | 65g/km | £ |
£ |
70 100 | 110 | 10 | 20 |
110 | 75 120 | 20 | 30 |
120 | 130 | 80 100 | 110 |
130 | 140 | 120 | 85 130 |
140 | 150 | 135 | 145 |
90 150 | 165 | 170 | 180 |
165 | 175 | 195 | 205 |
5 175 | 185 | 215 | 225 |
185 | 10 200 | 255 | 265 |
200 | 225 | 15 275 | 285 |
225 | 255 | 475 | 20 485 |
255 | — | 490 | 500”; |
(b)
25in the sentence immediately following the tables, for paragraphs (a)
and (b) substitute—
“(a)
in column (3), in the last two rows, “275” were
substituted for “475” and “490”, and
(b)
in column (4), in the last two rows, “285” were
30substituted for “485” and “500”.”
(4)
In paragraph 1J (VED rates for light goods vehicles), in paragraph (a), for
“£220” substitute “£225”.
(5) In paragraph 2(1) (VED rates for motorcycles)—
(a) in paragraph (b), for “£37” substitute “£38”,
(b) 35in paragraph (c), for “£57” substitute “£58”, and
(c) in paragraph (d), for “£78” substitute “£80”.
(6)
The amendments made by this section have effect in relation to licences taken
out on or after 1 April 2014.
76 VED rates: rigid goods vehicle with trailers
(1)
40For paragraph 10 of Schedule 1 to VERA 1994 (supplement to annual rate of
duty for rigid goods vehicle with trailer), substitute—
“10 (1) This paragraph applies to relevant rigid goods vehicles.
(2) A “relevant rigid goods vehicle” is a rigid goods vehicle which—
(a) has a revenue weight exceeding 11,999 kgs,
(b) 45is not a vehicle falling within paragraph 9(2), and
(c)
is used for drawing a trailer which has a plated gross weight
exceeding 4,000 kgs and when so drawn is used for the
conveyance of goods or burden.
(3)
The annual rate of vehicle excise duty applicable to a relevant rigid
50goods vehicle is to be determined in accordance with the following
tables by reference to—
(a) whether or not the vehicle has road-friendly suspension,
Finance (No. 2) BillPage 67
(b) the number of axles on the vehicle,
(c)
the appropriate HGV road user levy band for the vehicle (see
column (1) in the tables),
(d)
the plated gross weight of the trailer (see columns (2) and (3)
5in the tables), and
(e)
the total of the revenue weight for the vehicle and the plated
gross weight of the trailer (the “total weight”) (see columns
(4) and (5) in the tables).
(4)
For the purposes of this paragraph a vehicle does not have road-
10friendly suspension if any driving axle of the vehicle has neither —
(a)
an air suspension (that is, a suspension system in which at
least 75% of the spring effect is caused by an air spring), nor
(b)
a suspension which is regarded as being equivalent to an air
suspension for the purposes under Annex II of Council
15Directive 96/53/EC.
(5)
The “appropriate HGV road user levy band” in relation to a vehicle
means the band into which the vehicle falls for the purposes of
calculating the rate of HGV road user levy that is charged in respect
of the vehicle (see Schedule 1 to the HGV Road User Levy Act 2013).
(6) 20The tables are arranged as follows—
(a)
table 1 applies to relevant rigid goods vehicles with road-
friendly suspension on which there are 2 axles;
(b)
table 2 applies to relevant rigid goods vehicles with road-
friendly suspension on which there are 3 axles;
(c)
25table 3 applies to relevant rigid goods vehicles with road-
friendly suspension on which there are 4 or more axles;
(d)
table 4 applies to relevant rigid goods vehicles which do not
have road-friendly suspension and on which there are 2
axles;
(e)
30table 5 applies to relevant rigid goods vehicles which do not
have road-friendly suspension and on which there are 3
axles;
(f)
table 6 applies to relevant rigid goods vehicles which do not
have road-friendly suspension and on which there are 4 or
35more axles.
Finance (No. 2) BillPage 68
Table 1
Vehicles with road-friendly suspension and 2 axles
Appropri ate HGV road user 5levy band |
Plated gross weight of trailer |
Total weight | Rate | ||
---|---|---|---|---|---|
10(1) | (2) | (3) | (4) | (5) | 15(6) |
Exceeding (kgs) |
Not 20exceeding (kgs) |
Exceeding (kgs) |
Not 25exceeding (kgs) |
£ | |
B(T) | 4,000 | 3012,000 | - | 27,000 | 230 |
B(T) | 3512,000 | - | - | 33,000 | 295 |
40B(T) | 12,000 | - | 33,000 | 36,000 | 45401 |
B(T) | 12,000 | - | 36,000 | 5038,000 | 319 |
B(T) | 12,000 | - | 5538,000 | - | 444 |
D(T) | 4,000 | 6012,000 | - | 30,000 | 365 |
D(T) | 6512,000 | - | - | 38,000 | 430 |
70D(T) | 12,000 | - | 38,000 | - | 75444 |
Table 2
Vehicles with road-friendly suspension and 3 axles
Appropri ate HGV road user 80levy band |
Plated gross weight of trailer |
Total weight | Rate | ||
---|---|---|---|---|---|
85(1) | (2) | (3) | (4) | (5) | 90(6) |
Exceeding (kgs) |
Not 95exceeding (kgs) |
Exceeding (kgs) |
Not 100exceeding (kgs) |
£ | |
B(T) | 4,000 | 10512,000 | - | 33,000 | 230 |
B(T) | 11012,000 | - | - | 38,000 | 295 |
115B(T) | 12,000 | - | 38,000 | 40,000 | 120392 |
B(T) | 12,000 | - | 40,000 | 125- | 295 |
C(T) | 4,000 | 12,000 | - | 535,000 | 305 |
C(T) | 12,000 | - | 10- | 38,000 | 370 |
C(T) | 12,000 | 15- | 38,000 | 40,000 | 392 |
C(T) | 2012,000 | - | 40,000 | - | 370 |
25D(T) | 4,000 | 10,000 | - | 33,000 | 30365 |
D(T) | 4,000 | 10,000 | 33,000 | 3536,000 | 401 |
D(T) | 10,000 | 12,000 | 40- | 38,000 | 365 |
D(T) | 12,000 | 45- | - | - | 430 |
Table 3
Vehicles with road-friendly suspension and 4 or more axles
50Appropri ate HGV road user levy band |
Plated gross weight of 55trailer |
Total weight | Rate | ||
---|---|---|---|---|---|
(1) | (2) | 60(3) | (4) | (5) | (6) |
65Exceeding (kgs) |
Not exceeding (kgs) |
70Exceeding (kgs) |
Not exceeding (kgs) |
75£ | |
B(T) | 4,000 | 12,000 | - | 8035,000 | 230 |
B(T) | 12,000 | - | 85- | - | 295 |
C(T) | 4,000 | 9012,000 | - | 37,000 | 305 |
C(T) | 9512,000 | - | - | - | 370 |
100D(T) | 4,000 | 12,000 | - | 39,000 | 105365 |
D(T) | 12,000 | - | - | 110- | 430 |
E(T) | 4,000 | 12,000 | 115- | - | 535 |
E(T) | 12,000 | - | - | 5- | 600 |
Table 4
Vehicles without road-friendly suspension with 2 axles
Appropri ate HGV 10road user levy band |
Plated gross weight of trailer |
Total weight | 15Rate | ||
---|---|---|---|---|---|
(1) | (2) | (3) | (4) | 20(5) | (6) |
Exceeding (kgs) |
25Not exceeding (kgs) |
Exceeding (kgs) |
30Not exceeding (kgs) |
£ | |
B(T) | 354,000 | 12,000 | - | 27,000 | 230 |
40B(T) | 12,000 | - | - | 31,000 | 45295 |
B(T) | 12,000 | - | 31,000 | 5033,000 | 401 |
B(T) | 12,000 | - | 5533,000 | 36,000 | 609 |
B(T) | 12,000 | 60- | 36,000 | 38,000 | 444 |
B(T) | 6512,000 | - | 38,000 | - | 604 |
70D(T) | 4,000 | 12,000 | - | 30,000 | 75365 |
D(T) | 12,000 | - | - | 8033,000 | 430 |
D(T) | 12,000 | - | 8533,000 | 36,000 | 609 |
D(T) | 12,000 | 90- | 36,000 | 38,000 | 444 |
D(T) | 9512,000 | - | 38,000 | - | 604 |
100Table 5
Vehicles without road-friendly suspension with 3 axles
Appropri ate HGV road user levy band |
105Plated gross weight of trailer |
Total weight | Rate | ||
---|---|---|---|---|---|
(1) | 110(2) | (3) | (4) | (5) | (6) |
115 | Exceeding (kgs) |
Not exceeding 120(kgs) |
Exceeding (kgs) |
Not exceeding 125(kgs) |
£ |
B(T) | 4,000 | 10,000 | 130- | 29,000 | 230 |
B(T) | 4,000 | 13510,000 | 29,000 | 31,000 | 289 |
B(T) | 14010,000 | 12,000 | - | 33,000 | 230 |
145B(T) | 12,000 | - | - | 36,000 | 150295 |
B(T) | 12,000 | - | 36,000 | 15538,000 | 392 |
B(T) | 12,000 | - | 16038,000 | - | 542 |
C(T) | 4,000 | 16510,000 | - | 31,000 | 305 |
C(T) | 1704,000 | 10,000 | 31,000 | 33,000 | 401 |
175C(T) | 10,000 | 12,000 | - | 35,000 | 180305 |
C(T) | 12,000 | - | - | 18536,000 | 370 |
C(T) | 12,000 | - | 19036,000 | 38,000 | 392 |
C(T) | 12,000 | 195- | 38,000 | - | 542 |
D(T) | 2004,000 | 10,000 | - | 31,000 | 365 |
205D(T) | 4,000 | 10,000 | 31,000 | 33,000 | 210401 |
D(T) | 4,000 | 10,000 | 33,000 | 21535,000 | 609 |
D(T) | 10,000 | 12,000 | 220- | 36,000 | 365 |
D(T) | 10,000 | 22512,000 | 36,000 | 37,000 | 392 |
D(T) | 23012,000 | - | - | 38,000 | 430 |
235D(T) | 12,000 | - | 38,000 | - | 240542 |
Table 6
Vehicles without road-friendly suspension with 4 or more axles
Appropri ate HGV road user 245levy band |
Plated gross weight of trailer |
Total weight | Rate | ||
---|---|---|---|---|---|
250(1) | (2) | (3) | (4) | (5) | 255(6) |
Exceeding (kgs) |
Not 260exceeding (kgs) |
Exceeding (kgs) |
Not 265exceeding (kgs) |
£ | |
B(T) | 4,000 | 27012,000 | - | 35,000 | 230 |
B(T) | 27512,000 | - | - | - | 295 |
280C(T) | 4,000 | 12,000 | - | 37,000 | 285305 |
C(T) | 12,000 | - | - | 290- | 370 |
D(T) | 4,000 | 10,000 | 295- | 36,000 | 365 |
D(T) | 4,000 | 30010,000 | 36,000 | 37,000 | 444 |
D(T) | 30510,000 | 12,000 | - | 39,000 | 365 |
310D(T) | 12,000 | - | - | - | 315430 |
E(T) | 4,000 | 10,000 | - | 32038,000 | 535 |
E(T) | 4,000 | 10,000 | 32538,000 | - | 604 |
E(T) | 10,000 | 33012,000 | - | - | 535 |
(7)
The annual rate of vehicle excise duty for a relevant rigid goods
335vehicle which does not fall within any of tables 1 to 6 is £609.”
(2)
In paragraph 2(2) of Schedule 1 to the HGV Road User Levy Act 2013, for
“within paragraph 10” substitute “which is a relevant rigid goods vehicle
within the meaning of paragraph 10”.
(3)
The amendment made by subsection (1) has effect in relation to licences taken
340out on or after 1 April 2014.
(4)
The amendment made by subsection (2) is treated as having come into force on
1 April 2014.
77 VED rates: use for exceptional loads, rigid goods vehicles and tractive units
(1) Schedule 1 to VERA 1994 (annual rates of duty) is amended as follows.
(2)
345In paragraph 6(2A)(a) (vehicles used for exceptional loads which do not satisfy
reduced pollution requirements), for “£2,585” substitute “£1,585”.
Finance (No. 2) BillPage 71
(3)
In paragraph 9 (rigid goods vehicles which do not satisfy reduced pollution
requirements), for the table in sub-paragraph (1) substitute—
“Revenue weight of vehicle | Rate | |||
---|---|---|---|---|
5(1) | (2) | (3) | (4) | (5) |
10Exceeding | Not exceeding | Two axle vehicle |
Three axle 15vehicle |
Four or more axle vehicle |
kgs | kgs | 20£ | £ | £ |
3,500 | 7,500 | 25165 | 165 | 165 |
7,500 | 11,999 | 30200 | 200 | 200 |
11,999 | 14,000 | 3595 | 95 | 95 |
14,000 | 15,000 | 40105 | 95 | 95 |
15,000 | 19,000 | 45300 | 95 | 95 |
19,000 | 21,000 | 50300 | 125 | 95 |
21,000 | 23,000 | 55300 | 210 | 95 |
23,000 | 25,000 | 60300 | 300 | 210 |
25,000 | 27,000 | 65300 | 300 | 300 |
27,000 | 44,000 | 70300 | 300 | 560” |
(4)
In paragraph 9(3) (rigid goods vehicles over 44,000 kgs which do not satisfy the
reduced pollution requirements), for “£2,585” substitute “£1,585”.
(5)
75For the italic heading immediately before paragraph 9 substitute “Rigid goods
vehicles exceeding 3,500 kgs revenue weight”.
(6)
In paragraph 11(1) (tractive units which do not satisfy reduced pollution
requirements)—
(a) for “table” substitute “tables”, and
Finance (No. 2) BillPage 72
(b) for the table substitute—
“Table 1
Tractive unit with two axles
Revenue weight of vehicle | Rate | |||
---|---|---|---|---|
(1) | 5(2) | (3) | (4) | (5) |
Exceeding | 10Not exceeding | Any no of semi- trailer axles |
2 or more semi- trailer axles |
153 or more semi- trailer axles |
kgs | kgs | £ | 20£ | £ |
3,500 | 11,999 | 165 | 25165 | 165 |
11,999 | 22,000 | 80 | 3080 | 80 |
22,000 | 23,000 | 84 | 3580 | 80 |
23,000 | 25,000 | 151 | 4080 | 80 |
25,000 | 26,000 | 265 | 45100 | 80 |
26,000 | 28,000 | 265 | 50146 | 80 |
28,000 | 31,000 | 300 | 55300 | 80 |
31,000 | 33,000 | 560 | 60560 | 210 |
33,000 | 34,000 | 560 | 65609 | 210 |
34,000 | 38,000 | 690 | 70690 | 560 |
38,000 | 44,000 | 850 | 75850 | 850 |
Table 2
Tractive unit with three or more axles
Revenue weight of vehicle | Rate | |||
---|---|---|---|---|
(1) | 80(2) | (3) | (4) | (5) |
Exceeding | 85Not exceeding | Any no of semi- trailer axles |
2 or more semi- trailer axles |
903 or more semi- trailer axles |
kgs | kgs | £ | 95£ | £ |
3,500 | 11,999 | 165 | 100165 | 165 |
11,999 | 25,000 | 80 | 10580 | 80 |
25,000 | 26,000 | 100 | 11080 | 80 |
26,000 | 28,000 | 146 | 80 | 580 |
28,000 | 29,000 | 210 | 80 | 1080 |
29,000 | 31,000 | 289 | 80 | 1580 |
31,000 | 33,000 | 560 | 210 | 2080 |
33,000 | 34,000 | 609 | 300 | 2580 |
34,000 | 36,000 | 609 | 300 | 30210 |
36,000 | 38,000 | 690 | 560 | 35300 |
38,000 | 44,000 | 850 | 850 | 40560” |
(7)
In paragraph 11(3) (tractive units above 44,000 kgs which do not satisfy
reduced pollution requirements), for “£2,585” substitute “£1,585”.
(8) In paragraph 11C(2) (tractive units: special cases)—
(a) omit “Subject to paragraph 11D,”, and
(b) 45in paragraph (a), for “£650” substitute “£10”.
(9)
Omit paragraph 11D (vehicles without road friendly suspension) and the italic
heading before it.
(10)
The amendments made by this section have effect in relation to licences taken
out on or after 1 April 2014.
78 50VED: extension of old vehicles exemption from 1 April 2014
(1)
In Schedule 2 to VERA 1994 (exempt vehicles) in paragraph 1A(1) (exemption
for old vehicles) for “1973” substitute “1974”.
(2)
The amendment made by subsection (1) is treated as having come into force on
1 April 2014.
(3)
55While a vehicle licence is in force in respect of a vehicle which is an exempt
vehicle by virtue of subsection (1)—
(a)
nothing in that subsection has the effect that a nil licence is required to
be in force in respect of the vehicle, but
(b)
for the purposes of section 33 of VERA 1994 the vehicle is to be treated
60as one in respect of which vehicle excise duty is chargeable.
Finance (No. 2) BillPage 74
79 VED: extension of old vehicles exemption from 1 April 2015
(1)
In Schedule 2 to VERA 1994 (exempt vehicles) in paragraph 1A(1) (exemption
for old vehicles) for “1974” (as substituted by section 78) substitute “1975”.
(2)
The amendment made by subsection (1) comes into force on 1 April 2015; but
5nothing in that subsection has the effect that a nil licence is required to be in
force in respect of a vehicle while a vehicle licence is in force in respect of it.
80 Abolition of reduced VED rates for meeting reduced pollution requirements
Schedule 14 contains provision abolishing the reduced rates of vehicle excise
duty for vehicles satisfying reduced pollution requirements.
81 10Six month licence: tractive units
(1) In section 3 of VERA 1994 (duration of licences), for subsection (2) substitute—
“(2)
A vehicle licence may be taken out for a vehicle for a period of six
months running from the beginning of the month in which the licence
first has effect if—
(a)
15the annual rate of vehicle excise duty in respect of the vehicle
exceeds £50, or
(b)
the vehicle is one to which the annual rate of vehicle excise duty
specified in paragraph 11C(2)(a) of Schedule 1 applies (tractive
units: special cases).”
(2)
20The amendment made by this section has effect in relation to licences taken out
on or after 1 April 2014.
82 Vehicles subject to HGV road user levy: amount of 6 month licence
(1) Section 4 of VERA 1994 (amount of duty) is amended as follows.
(2) In subsection (2), for “Where” substitute “Subject to subsection (2A), where”.
(3) 25After subsection (2) insert—
“(2A)
In the case of a vehicle which is charged to HGV road user levy, the
reference in subsection (2) to fifty-five per cent is to be read as a
reference to fifty per cent.”
(4)
The amendments made by this section have effect in relation to licences taken
30out on or after 1 April 2014.
83 Payment of vehicle excise duty by direct debit
(1) VERA 1994 is amended as follows.
(2) In section 4 (amount of duty) for subsections (1) to (2A) substitute—
“(1)
Where a vehicle licence for a vehicle of any description is taken out for
35a period of 12 months, vehicle excise duty is to be paid on the licence—
(a)
at the annual rate of duty applicable to vehicles of that
description, or
Finance (No. 2) BillPage 75
(b)
if the duty is to be paid by more than one instalment pursuant
to an agreement under section 19B, at a rate equal to 105% of
that annual rate.
(2)
Subject to subsection (2A), where a vehicle licence for a vehicle of any
5description is taken out for a period of 6 months, vehicle excise duty is
to be paid on the licence—
(a)
at a rate equal to 55% of the annual rate of duty applicable to
vehicles of that description, or
(b)
if the duty is to be paid by direct debit pursuant to an agreement
10under section 19B, at a rate equal to 52.5% of that annual rate.
(2A)
In the case of a vehicle which is charged to HGV road user levy, the
reference in subsection (2)(a) to 55% is to be read as a reference to 50%.”
(3) In section 13 (trade licences: duration and amount of duty)—
(a)
in subsection (3), after “calendar year” insert “(“the applicable annual
15rate”)”,
(b) after subsection (3) insert—
“(3A)
Where a trade licence is taken out for a calendar year and the
duty is to be paid by more than one instalment pursuant to an
agreement under section 19B, the rate of duty is 105% of the
20applicable annual rate.”,
(c) for subsection (4) substitute—
“(4)
The rate of duty applicable to a trade licence taken out for a
period of 6 months is—
(a)
55% of the applicable annual rate for a corresponding
25trade licence taken out for a calendar year, or
(b)
if the duty is to be paid by direct debit pursuant to an
agreement under section 19B, 52.5% of that applicable
annual rate.”,
(d)
in subsection (5)(a), for “rate applicable to the” substitute “applicable
30annual rate for a”, and
(e) in subsection (6), for “subsection (4)” substitute “subsection (3A), (4)”.
(4)
In section 13 (trade licences: duration and amount of duty) as set out in
paragraph 8(1) of Schedule 4 to VERA 1994 to have effect on and after a day
appointed by order—
(a)
35in subsection (4), after “twelve months” insert “(“the applicable annual
rate”)”,
(b) after subsection (4) insert—
“(4A)
Where a trade licence is taken out for a period of 12 months and
the duty is to be paid by more than one instalment pursuant to
40an agreement under section 19B, the rate of duty is 105% of the
applicable annual rate.”,
(c) for subsection (5) substitute—
“(5)
The rate of duty applicable to a trade licence taken out for a
period of 6 months is—
(a)
4555% of the applicable annual rate for a corresponding
trade licence taken out for 12 months, or
Finance (No. 2) BillPage 76
(b)
if the duty is to be paid by direct debit pursuant to an
agreement under section 19B, 52.5% of that applicable
annual rate.”, and
(d) in subsection (6), for “subsection (5)” substitute “subsection (4A) or (5)”.
(5) 5In section 19A (payment by cheque)—
(a) in subsection (2)(b) omit “by post”, and
(b) in subsection (3)(b) and (d) omit “by post”.
(6) In section 19B (issue of licences before payment of duty)—
(a) after subsection (1) insert—
“(1A)
10An agreement to pay the duty payable on a vehicle licence or a
trade licence may provide—
(a) for the duty to be paid by instalments,
(b)
that if any of the rebate conditions in section 19(3) is
satisfied in relation to the vehicle for which the licence
15was issued, the licence is to cease to be in force from the
time specified in the agreement and any instalments
falling due after that time are no longer to be due, and
(c)
for any instalments falling due after a request under
section 14(2) is received by the Secretary of State no
20longer to be due.”,
(b) in subsection (2)(c) omit “by post”,
(c) in subsection (3)(b) and (d) omit “by post”, and
(d) after subsection (3) insert—
“(4)
But subsections (2) and (3) do not apply in a case where the
25agreement under subsection (1) provides for the duty payable
to be paid by more than one instalment (and for this case see
subsection (5)).
(5) In a case where—
(a)
a vehicle licence or a trade licence is issued to a person
30in accordance with subsection (1),
(b)
the duty payable on the licence is not received by the
Secretary of State in accordance with the agreement,
(c)
the agreement provides for the duty payable to be paid
by more than one instalment,
(d)
35the Secretary of State sends a notice to the person
requiring the person to secure that the duty payable on
the licence (both in respect of instalments which have
fallen due and in respect of future instalments) is paid
within the period specified in the notice,
(e) 40the requirement in the notice is not complied with, and
(f)
the Secretary of State sends a further notice to the person
informing that person that the licence is void from the
time specified in the notice,
the licence is to be void from the time specified.”
(7) 45In section 35A (dishonoured cheques)—
(a)
in subsection (1)(a), for “or 19B(3)(d)” substitute “, 19B(3)(d) or
19B(5)(f)”,
Finance (No. 2) BillPage 77
(b) after subsection (7) insert—
“(8)
In a case where a notice is sent as mentioned in section 19B(5)(f)
the amounts specified in subsections (2)(b) and (4) are to be
calculated on the basis of the rate described in section 4(1)(b) or
513(3A) (whichever is relevant).”, and
(c)
in the heading, for “Dishonoured cheques” substitute “Failed
payments”.
(8) In section 36 (dishonoured cheques: additional liability)—
(a) after subsection (6) insert—
“(7)
10In a case where a notice is sent as mentioned in section 19B(5)(f)
the amount specified in subsection (2) is to be calculated on the
basis of the rate described in section 4(1)(b) or 13(3A)
(whichever is relevant).”, and
(b)
in the heading, for “Dishonoured cheques” substitute “Failed
15payments”.
(9) In Schedule 4 (transitionals etc), after paragraph 8(3) insert—
“(4)
In cases in which the provisions set out in sub-paragraph (1) have
effect, sections 35A(8) and 36(7) are to be read as referring to section
13(4A) instead of section 13(3A).”
(10) 20The amendments made by this section come into force on 1 October 2014.
84 Definition of “revenue weight”
(1) VERA 1994 is amended as follows.
(2) In section 60A (revenue weight), in subsection (9)(b)—
(a)
for “at which” substitute “which must not be equalled or exceeded in
25order for”, and
(b) for “may lawfully” substitute “to lawfully”.
(3) In section 61 (vehicle weights)—
(a) in subsection (1)(b), after “not be” insert “equalled or”, and
(b) in subsection (2), after “not be” insert “equalled or”.
(4)
30The amendments made by this section have effect in relation to licences taken
out on or after 1 April 2014.
85 Vehicle excise and registration: other provisions
Schedule 15 contains other provisions relating to vehicle excise and
registration.
35HGV road user levy
86 HGV road user levy: rates tables
(1)
Schedule 1 to the HGV Road User Levy Act 2013 (rates of HGV road user levy)
is amended as follows.
Finance (No. 2) BillPage 78
(2) In paragraph 4, for “is Band G” substitute “is—
“(a)
Band E(T), in the case of a rigid goods vehicle which is a
relevant rigid goods vehicle within the meaning of paragraph
10 of Schedule 1 to the 1994 Act (rigid goods vehicles used for
5drawing trailers of more than 4,000 kilograms), and
(b) Band G, in all other cases.”
(3) For Tables 2 to 5 substitute—
“Table 2: rigid goods vehicle
Revenue weight of vehicle | 2 axle vehicle | 103 axle vehicle | 4 or more axle vehicle |
|
---|---|---|---|---|
More than | Not more than | 15 | ||
kgs | kgs | 20Band | Band | Band |
11,999 | 15,000 | 25B | B | B |
15,000 | 21,000 | 30D | B | B |
21,000 | 23,000 | 35D | C | B |
23,000 | 25,000 | 40D | D | C |
25,000 | 27,000 | 45D | D | D |
27,000 | 44,000 | 50D | D | E |
Table 3: rigid goods vehicle with trailer over 4,000 kgs
Revenue weight of vehicle | 2 axle vehicle | 553 axle vehicle | 4 or more axle vehicle |
|
---|---|---|---|---|
More than | Not more than | 60 | ||
kgs | kgs | 65Band | Band | Band |
11,999 | 15,000 | 70B(T) | B(T) | B(T) |
15,000 | 21,000 | 75D(T) | B(T) | B(T) |
21,000 | 23,000 | 80E(T) | C(T) | B(T) |
23,000 | 25,000 | 85E(T) | D(T) | C(T) |
25,000 | 27,000 | 90E(T) | D(T) | D(T) |
27,000 | 44,000 | 95E(T) | E(T) | E(T) |
Table 4: tractive units with two axles
Revenue weight of tractive vehicle | Any no of semi- 100trailer axles |
2 or more semi- trailer axles |
3 or more semi- trailer axles |
|
---|---|---|---|---|
105More than | Not more than | |||
110kgs | kgs | Band | Band | Band |
11511,999 | 25,000 | A | A | A |
12025,000 | 28,000 | C | A | A |
12528,000 | 31,000 | D | D | A |
13031,000 | 34,000 | E | E | C |
13534,000 | 38,000 | F | F | E |
14038,000 | 44,000 | G | G | G |
Table 5: tractive unit with three or more axles
145Revenue weight of tractive vehicle | Any no of semi- trailer axles |
2 or more semi- trailer axles |
1503 or more semi- trailer axles |
|
---|---|---|---|---|
More than | Not more than | 155 | ||
kgs | kgs | Band | 160Band | Band |
11,999 | 28,000 | A | 165A | A |
28,000 | 31,000 | C | 170A | A |
31,000 | 33,000 | E | 175C | A |
33,000 | 34,000 | E | 180D | A |
34,000 | 36,000 | E | 185D | C |
36,000 | 38,000 | F | 190E | D |
38,000 | 44,000 | G | 195G | E” |
(4)
The amendments made by this section are treated as having come into force on
1 April 2014.
87 HGV road user levy: disclosure of information by HMRC
(1) 200After section 14 of the HGV Road User Levy Act 2013 insert—
“14A Disclosure of information by Revenue and Customs
(1)
Information which is held as mentioned in section 18(1) of the
Commissioners for Revenue and Customs Act 2005 (confidentiality)
Finance (No. 2) BillPage 79
may be disclosed by or with the authority of the Commissioners for Her
Majesty’s Revenue and Customs to—
(a) the Secretary of State, or
(b) a person providing services to the Secretary of State,
for the purpose of enabling or assisting the exercise of any of the
5Secretary of State’s functions under or by virtue of this Act.
(2)
Information disclosed in accordance with subsection (1) may not be
further disclosed except—
(a)
to any other person to whom it could have been disclosed in
accordance with that subsection, or
(b)
10with the consent of the Commissioners for Her Majesty’s
Revenue and Customs (which may be general or specific).
(3)
If, in contravention of subsection (2), any revenue and customs
information relating to a person is disclosed and the identity of the
person—
(a) 15is specified in the disclosure, or
(b) can be deduced from it,
section 19 of the Commissioners for Revenue and Customs Act 2005
(offence of wrongful disclosure) applies as it applies in relation to a
disclosure of such information in contravention of section 20(9) of that
20Act.
(4)
In subsection (3) “revenue and customs information relating to a
person” has the meaning given by section 19(2) of the Commissioners
for Revenue and Customs Act 2005.
(5)
Nothing in this section authorises the making of a disclosure which
25contravenes the Data Protection Act 1998.”
(2)
In regulation 2 of the HGV Road User Levy (HMRC Information Gateway)
Regulations 2013 (S.I. 2013/3186), omit paragraphs (1) and (2).
Aggregates levy
88 Aggregates levy: removal of certain exemptions
(1) 30FA 2001 is amended as follows.
(2)
Section 17 (meaning of “aggregate” and “taxable aggregate”) is amended as
follows.
(3) In subsection (3)—
(a) after paragraph (da) insert—
“(db)
35it consists wholly of the spoil or waste from, or other by-
products of—
(i) any industrial combustion process, or
(ii) the smelting or refining of metal;”, and
(b) omit paragraphs (e) and (f).
(4) 40In subsection (4), omit—