Finance Bill (HC Bill 1)

(3) In section 45DA (expenditure on zero-emission goods vehicles), after
subsection (1) insert—

“(1A) The Treasury may by order amend subsection (1)(a) so as to extend the
period specified.”

(4) 5In section 45E (expenditure on plant or machinery for gas refuelling station),
after subsection (1) insert—

“(1A) The Treasury may by order amend subsection (1)(a) so as to extend the
period specified.”

(5) In section 45K (expenditure on plant and machinery for used in designated
10assisted areas)—

(a) in subsection (1), in paragraph (b) for “5 years” substitute “8 years”, and

(b) after that subsection insert—

“(1A) The Treasury may by order amend subsection (1)(b) so as to
extend the period specified.”

61 15Business premises renovation allowances

(1) Section 360B of CAA 2001 (business premises renovation allowances: meaning
of “qualifying expenditure”) is amended in accordance with subsections (2) to
(6).

(2) For subsection (1) substitute—

“(1) 20In this Part “qualifying expenditure” means capital expenditure
incurred before the expiry date—

(a) in respect of which Conditions A and B are met, and

(b) which is not excluded by subsection (3), (3B) or (3D).”

(3) After subsection (2) insert—

“(2A) 25Condition A is that the expenditure is incurred on—

(a) the conversion of a qualifying building into qualifying business
premises,

(b) the renovation of a qualifying building if it is or will be
qualifying business premises, or

(c) 30repairs to a qualifying building or, where the building is part of
a building, to the building of which the qualifying building
forms part, to the extent that the repairs are incidental to
expenditure within paragraph (a) or (b).

(2B) Condition B is that the expenditure is incurred on—

(a) 35building works,

(b) architectural or design services,

(c) surveying or engineering services,

(d) planning applications, or

(e) statutory fees or statutory permissions.

(2C) 40But Condition B is treated as met in respect of expenditure incurred on
matters not mentioned in that Condition to the extent that that
expenditure (in total) does not exceed 5% of the qualifying expenditure
incurred on the matters mentioned in subsection (2B)(a) to (c).”

(4) In subsection (3)—

(a) for “not qualifying expenditure” substitute “excluded”, and

(b) in paragraph (d), for “as defined by section 173(1)” substitute “(as
defined by section 173(1)) and falls within subsection (3A)”.

(5) 5After that subsection insert—

“(3A) The fixtures which fall within this subsection are—

(a) integral features within the meaning of section 33A (taking
account of section 33A(6) and any provision for the time being
made under section 33A(7)) or part of such a feature;

(b) 10automatic control systems for opening and closing doors,
windows and vents;

(c) window cleaning installations;

(d) fitted cupboards and blinds;

(e) protective installations such as lightning protection, sprinkler
15and other equipment for containing or fighting fires, fire alarm
systems and fire escapes;

(f) building management systems;

(g) cabling in connection with telephone, audio-visual data
installations and computer networking facilities, which are
20incidental to the occupation of the building;

(h) sanitary appliances, and bathroom fittings which are hand
driers, counters, partitions, mirrors or shower facilities;

(i) kitchen and catering facilities for producing and storing food
and drink for the occupants of the building;

(j) 25signs;

(k) public address systems;

(l) intruder alarm systems.

(3B) Expenditure is excluded if, and to the extent that, it exceeds the market
value amount for the works, services or other matters to which it
30relates.

(3C) “The market value amount” means the amount of expenditure which it
would have been normal and reasonable to incur on the works, services
or other matters—

(a) in the market conditions prevailing when the expenditure was
35incurred, and

(b) assuming the transaction as a result of which the expenditure
was incurred was between persons dealing with each other at
arm’s length in the open market.

(3D) Expenditure is excluded if the qualifying building was used at any time
40during the period of 12 months ending with the day on which the
expenditure is incurred.”

(6) In subsection (5), after “regulations” insert “—

amend this section so as to add a description of fixture to the list
in subsection (3A), or vary or remove a description of fixture in
45that list;

(b)”

(7) After that section insert—

“360BA Expenditure not treated as qualifying expenditure if delay in
carrying out works etc

(1) This section applies where—

(a) 5(ignoring this section) qualifying expenditure is incurred on
works, services or other matters in a chargeable period, and

(b) those works, services or other matters are not completed or
provided before the end of the period of 36 months beginning
with the date the expenditure was incurred.

(2)
10To the extent that it relates to so much of those works, services or other
matters as are not completed or provided before the end of that period,
the expenditure is to be treated for the purposes of this Part as never
having been incurred (unless and until subsection (6) applies).

(3) All such assessments and adjustments of assessments are to be made as
15are necessary to give effect to subsection (2).

(4) If a person who has made a tax return becomes aware that, after making
it, anything in it has become incorrect because of the operation of this
section, the person must give notice to an officer of Revenue and
Customs specifying how the return needs to be amended.

(5) 20The notice must be given within 3 months beginning with the day on
which the person first became aware that anything in the return had
become incorrect because of the operation of this section.

(6) If, at any time after the end of the period mentioned in subsection (1)(b),
those works, services or other matters are completed or provided, the
25expenditure to which subsection (2) applies is to be treated for the
purposes of this Part as incurred at that time.”

(8) For section 360L of that Act (grants affecting entitlement to allowances)
substitute—

“360L Grants affecting entitlement to allowances

(1) 30No initial allowance or writing-down allowance under this Part is to be
made in respect of qualifying expenditure in respect of a qualifying
building if a relevant grant or relevant payment is made towards—

(a) that expenditure, or

(b) any other expenditure which is incurred by any person in
35respect of the same building, and on the same single investment
project as that expenditure.

(2) An initial allowance or writing-down allowance made in respect of
qualifying expenditure is to be withdrawn if—

(a) after it is made, a relevant grant or relevant payment is made
40towards that expenditure, or

(b) within the period of 3 years beginning when that expenditure
was incurred, a relevant grant or relevant payment is made
towards any other expenditure which is incurred by any person
in respect of the same building, and on the same single
45investment project, as that expenditure.

(3) All such assessments and adjustments of assessments are to be made as
are necessary to give effect to subsection (2).

(4) If a person who has made a return becomes aware that, after making it,
anything in it has become incorrect because of the operation of this
5section, that person must give notice to an officer of Revenue and
Customs specifying how the return needs to be amended.

(5) The notice must be given within 3 months beginning with the day on
which the person first became aware that anything in the return had
become incorrect because of the operation of this section.

(6) 10In this section—

• “General Block Exemption Regulation” means Commission
  Regulation (EC) No 800/2008 (General block exemption
  Regulation);

• “relevant grant or relevant payment” means a grant or payment
  15which is—

  (a)

  a State aid, other than an allowance under this Part, or

  (b)

  a grant or subsidy, other than a State aid, which the
  Treasury by order declares to be relevant for the
  purposes of the withholding of allowances under this
  20Part;

• “single investment project” has the same meaning as in the
  General Block Exemption Regulation.

(7) Nothing in this section limits references to “State aid” to State aid which
is required to be notified to and approved by the European
25Commission.

(8) The Treasury may by order amend this section to make provision
consequential upon the General Block Exemption Regulation being
replaced by another instrument.”

(9) In section 360M of that Act (when balancing adjustments are made), in
30subsection (4) for “7” substitute “5”.

(10) Subject to subsection (11), the amendments made by this section have effect for
expenditure incurred on or after the specified day.

(11) Section 360L of CAA 2001 (inserted by subsection (7)) has effect—

(a) in relation to a relevant grant or relevant payment made at any time
35(whether before or on or after the specified day) towards expenditure
incurred on or after that day, and

(b) in relation to a relevant grant or relevant payment made on or after the
specified day towards expenditure incurred before that day.

(12) “The specified day” means—

(a) 40for income tax purposes, 6 April 2014, and

(b) for corporation tax purposes, 1 April 2014.

62 Mineral extraction allowances: activities not within charge to tax

(1) CAA 2001 is amended as follows.

(2) In section 394(2) (meaning of mineral extraction trade), after “deposits” insert
“but to the extent only that the profits or gains from that trade are, or (if there
were any) would be, chargeable to tax”.

(3) In section 399 (expenditure excluded from being qualifying expenditure), after
5subsection (1) insert—

“(1A) Expenditure incurred by a person for the purposes of a mineral
extraction trade is not qualifying expenditure if—

(a) when the expenditure is incurred, the person is carrying on the
trade but the trade is not at that time a mineral extraction trade,
10or

(b) the person has not begun to carry on the trade when the
expenditure is incurred and, when the person begins to carry on
the trade, the trade is not a mineral extraction trade.

(1B) Section 577(2) (references to commencement etc of a trade) does not
15apply to subsection (1A).”

(4) In section 160 (expenditure treated as incurred for purposes of mineral
extraction trade)—

(a) the existing text becomes subsection (1), and

(b) after that subsection insert—

“(2) 20Subsection (1) does not apply to expenditure if—

(a) when it is incurred, the person is carrying on the trade
but the trade is not at that time a mineral extraction
trade, or

(b) when it is incurred, the person has not begun to carry on
25the trade and, when the person begins to carry on the
trade, the trade is not a mineral extraction trade.

(3) Section 577(2) (references to commencement etc of a trade) does
not apply to subsection (2).”

(5) For section 161(4)(a) (pre-trading expenditure on plant or machinery for
30mineral exploration and access), substitute—

“(a) pre-trading expenditure” means capital expenditure
incurred—

(i) before the day on which a person begins to carry on a
trade that is a mineral extraction trade, but

(ii) 35only if there is no prior time when the person carried on
that trade and the trade was not a mineral extraction
trade,”.

(6) After section 161(4) insert—

“(4A) Section 577(2) (references to commencement etc of a trade) does not
40apply to subsection (4)(a).”

(7) After section 431 (discontinuance of trade) insert—

“431A Foreign permanent establishment exemption

(1) Subsection (2) applies if—

(a) an election under section 18A of CTA 2009 has effect in relation
45to a company, and

(b) the company carries on any trade which consists of, or includes,
the working of a source of mineral deposits.

(2) That trade so far as carried on through one or more permanent
establishments outside the United Kingdom is treated for the purposes
5of this Part as a trade—

(a) separate from any other trade of the company, and

(b) all the profits and gains from which are not, or (if there were
any) would not be, chargeable to tax.

431B Disposal value: no allowance/no charge cases

(1) 10If—

(a) an election under section 18A of CTA 2009 has effect in relation
to a company, and

(b) the operation of sections 431A and 421(1)(b)(ii) and (2) requires
the company to bring the disposal value of an asset into
15account,

the disposal value is such an amount as gives rise to neither a balancing
allowance nor a balancing charge.

(2) Subsection (1) does not apply if—

(a) the company’s qualifying expenditure in respect of the asset
20exceeds £5 million,

(b) the company has claimed any capital allowance in respect of
any of that expenditure, and

(c) the company has, at any time in a relevant accounting period,
used the asset otherwise than for the purposes of a permanent
25establishment outside the United Kingdom.

(3) In subsection (2)(c) “relevant accounting period” means an accounting
period ending before, but ending not more than 6 years before, “the
relevant day” as defined by section 18F of CTA 2009.

431C Notional allowances

(1) 30Subsection (2) applies if—

(a) an election under section 18A of CTA 2009 has effect in relation
to a company, and

(b) but for section 18A of CTA 2009 and section 431A(2)(b), an
allowance under this Part (“the notional allowance”) could be
35claimed under section 3(1) in respect of assets provided for the
purposes of a permanent establishment outside the United
Kingdom through which business is or has been carried on by
the company.

(2) The notional allowance (and any charge in connection with it which
40would have arisen if the allowance had been claimed) is to be made
automatically and reflected in any calculation, for any relevant
accounting period of the company, of the profits or losses attributable
to business carried on by the company through such a permanent
establishment.

(3) 45Subsection (4) applies if, at the time an election under section 18A of
CTA 2009 takes effect in relation to a company, the company is, by
reason of sections 431A and 421(1)(b)(ii) and (2), required to bring into

account the disposal value of any asset provided for the purposes of a
foreign permanent establishment through which business is or has
been carried on by the company.

(4) For the purposes of subsections (1) and (2), the company is treated as
5having incurred at that time, for the purposes of the trade mentioned in
section 431A(2), qualifying expenditure of an amount equal to that
disposal value.

(5) In subsection (2) “relevant accounting period” in relation to a company
by which an election under section 18A of CTA 2009 is made, means an
10accounting period of the company to which the election applies (as to
which see section 18F of that Act).”

(8) The amendments made by subsections (1) to (6) of this section have effect—

(a) for the purposes of corporation tax, in relation to claims made on or
after 1 April 2014, and

(b) 15for the purposes of income tax, in relation to claims made on or after 6
April 2014,

and in relation to those claims the amendments are treated as always having
had effect.

(9) The amendment made by subsection (7) has effect in relation to elections under
20section 18A of CTA 2009 which start to have effect on or after 1 April 2014.

63 Mineral extraction allowances: expenditure on planning permission

(1) Part 5 of CAA 2001 (mineral extraction allowances) is amended as follows.

(2) In section 396 (meaning of “mineral exploration and access”), in subsection (2)
for “if planning permission is not granted” substitute “and not as expenditure
25on acquiring a mineral asset”.

(3) In section 398 (relationship between main types of qualifying expenditure),
after “Subject to” insert “section 396(2) and”.

(4) The amendments made by this section have effect in relation to expenditure
incurred on or after the day on which this Act is passed.

30Oil and gas

64 Extended ring fence expenditure supplement for onshore activities

Schedule 11 contains provision about an extended ring fence expenditure
supplement in connection with onshore oil-related activities.

65 Supplementary charge: onshore allowance

35Schedule 12 contains provision about the reduction of adjusted ring fence
profits by means of an onshore allowance.

66 Oil and gas: reinvestment after pre-trading disposal

(1) In Chapter 2 of Part 6 of TCGA 1992 (oil and mineral industries), after section

198I insert—

“198J Oil and gas: reinvestment after pre-trading disposal

(1) This section applies if a company which is an E&A company makes a
disposal of, or of the company’s interest in, relevant E&A assets and
5that disposal is—

(a) a disposal of, or of an interest in, a UK licence which relates to
an undeveloped area, or

(b) a disposal of an asset used in an area covered by a licence under
Part 1 of the Petroleum Act 1998 or the Petroleum (Production)
10Act (Northern Ireland) 1964 which authorises the company to
undertake E&A activities.

(2) If—

(a) the consideration which the company obtains for the disposal is
applied by the company, within the permitted reinvestment
15period—

(i) on E&A expenditure at a time when the company is an
E&A company, or

(ii) on oil assets taken into use, and used only, for the
purposes of a ring fence trade carried on by it, and

(b) 20the company makes a claim under this subsection in relation to
the disposal,

any gain accruing to the company on the disposal is not a chargeable
gain.

(3) If part only of the amount or value of the consideration for the disposal
25is applied as described in subsection (2)(a)—

(a) subsection (2) does not apply, but

(b) subsection (4) applies if all of the amount or value of the
consideration is so applied except for a part which is less than
the amount of the gain (whether all chargeable gain or not)
30accruing on the disposal.

(4) If the company makes a claim under this subsection in relation to the
disposal, the company is to be treated for the purposes of this Act as if
the amount of the gain accruing on the disposal were reduced to the
amount of the part mentioned in subsection (3)(b) (and, if not all
35chargeable gain, with a proportionate reduction in the amount of the
chargeable gain).

(5) The incurring of expenditure is within “the permitted reinvestment
period” if the expenditure is incurred in the period beginning 12
months before and ending 3 years after the disposal, or at such earlier
40or later time as the Commissioners for Her Majesty’s Revenue and
Customs may by notice allow.

(6) Subsections (6), (7), (10) and (11) of section 152 apply for the purposes
of this section as they apply for the purposes of section 152, except
that—

(a) 45in subsection (6) the reference to a trade is to be read as a
reference to E&A activities or a ring fence trade,

(b) in subsection (7), the reference to the old assets is to be read as a
reference to the assets disposed of as mentioned in subsection
(1) of this section, and

(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.

(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.