Finance Bill (HC Bill 1)

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

(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%

(6) The amendments made by this section are treated as having come into force on
24 March 2014.

25Tobacco

71 Rates of tobacco products duty

(1) For the table in Schedule 1 to TPDA 1979 substitute—

(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 Air passenger duty: rates of duty from 1 April 2014

(1) 40Section 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)
In subsection (4)—

(a) 45in 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) in paragraph (b), for “£188” substitute “£194”.

(5) 50The 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) Section 30 (rates of duty), as amended by section 72 of this Act, is amended as
55follows.

(3) Omit subsections (3) and (4).

(4) In subsection (4A)—

(a) in paragraph (a) for “£97” substitute “£71”, and

(b) in paragraph (b) for “£194” substitute “£142”.

(5) 60In 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) omit paragraph (b),

(d) 65omit 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) Omit subsections (2) to (4).

(8) 70In 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) omit paragraph (a),

(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)—

(a) for the tables substitute—

“Table 1

Table 2

(b) in the sentence immediately following the tables, for paragraphs (a)
and (b) substitute—

“(a) in column (3), in the last two rows, “275” were
15substituted for “475” and “490”, and

(b) in column (4), in the last two rows, “285” were
substituted for “485” and “500”.”

(4) In paragraph 1J (VED rates for light goods vehicles), in paragraph (a), for
“£220” substitute “£225”.

(5) 20In paragraph 2(1) (VED rates for motorcycles)—

(a) in paragraph (b), for “£37” substitute “£38”,

(b) in 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
25out on or after 1 April 2014.

76 VED rates: rigid goods vehicle with trailers

(1) For 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) 30A “relevant rigid goods vehicle” is a rigid goods vehicle which—

(a) has a revenue weight exceeding 11,999 kgs,

(b) is 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
35conveyance of goods or burden.

(3) The annual rate of vehicle excise duty applicable to a relevant rigid
goods vehicle is to be determined in accordance with the following
tables by reference to—

(a) whether or not the vehicle has road-friendly suspension,

(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.

Table 1

Table 2

Table 3

10Table 4

30Table 5

Table 6

(7) The annual rate of vehicle excise duty for a relevant rigid goods
vehicle which does not fall within any of tables 1 to 6 is £609.”

(2) 80In 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
out on or after 1 April 2014.

(4) 85The 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) In paragraph 6(2A)(a) (vehicles used for exceptional loads which do not satisfy
90reduced pollution requirements), for “£2,585” substitute “£1,585”.

(3) In paragraph 9 (rigid goods vehicles which do not satisfy reduced pollution
requirements), for the table in sub-paragraph (1) substitute—

(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) 20For 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