Session 2014 - 15
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269

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 25 June 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

247-68

 

Consideration of Bill


 

Finance Bill, As Amended


 

Mr Chancellor of the Exchequer

 

NC3

 

To move the following Clause—

 

“General Block Exemption Regulation

 

Schedule (General Block Exemption Regulation) makes provision in relation to

 

Commission Regulation (EU) No 000/2014 (General block exemption

 

Regulation).”

 

Mr Chancellor of the Exchequer

 

NS2

 

To move the following Schedule—

 

“General Block Exemption Regulation

 

1          

CAA 2001 is amended as follows.

 

2    (1)  

Section 45DB (exclusions from allowances under section 45DA) is amended

 

as follows.

 

      (2)  

In subsection (3)(a), for “a firm in difficulty for the purposes of the Community

 

Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty

 

(2004/C 244/02)” substitute “an undertaking in difficulty for the purposes of

 

the General Block Exemption Regulation”.

 

      (3)  

In subsection (4)(a), for “Council Regulation (EC) No 104/2000” substitute

 

“Regulation (EU) No 1379/2013 of the European Parliament and of the

 

Council”.

 

      (4)  

In subsection (11), in the definition of “General Block Exemption Regulation”,

 

for “(EC) No 800/2008” substitute “(EU) No 000/2014”.

 

      (5)  

In subsection (12), for paragraph (c) substitute—

 

“(c)    

Regulation (EU) No 1379/2013 of the European Parliament

 

and of the Council,”.


 
 

Notices of Amendments: 25 June 2014                     

270

 

Finance Bill, continued

 
 

3          

In section 45K (expenditure on plant and machinery for use in designated

 

assisted areas), after subsection (8) insert—

 

“(8A)    

Condition C is met by virtue of subsection (8)(c) only if the amount of

 

the expenditure exceeds the amount by which the relevant plant or

 

machinery is depreciated in the period of 3 years ending immediately

 

before the beginning of the chargeable period in which the expenditure

 

is incurred.

 

(8B)    

“Relevant plant or machinery” means the plant or machinery being

 

used at the end of the period of 3 years mentioned in subsection (8A)

 

for the purposes of the product, process or service mentioned in

 

subsection (8)(c).”

 

4    (1)  

Section 45M (exemptions from allowances under section 45K) is amended as

 

follows.

 

      (2)  

In subsection (1), for “(6) or (7)” substitute “(7) or (7A)”.

 

      (3)  

In subsection (3)(a), for “a firm in difficulty for the purposes of the Community

 

Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty

 

(2004/C 244/02)” substitute “an undertaking in difficulty for the purposes of

 

the General Block Exemption Regulation”.

 

      (4)  

In subsection (4)—

 

(a)    

in paragraph (a), for “Council Regulation (EC) No 104/2000”

 

substitute “Regulation (EU) No 1379/2013 of the European

 

Parliament and of the Council”, and

 

(b)    

after paragraph (b) insert—

 

“(ba)    

in the transport sector or related infrastructure,

 

(bb)    

relating to energy generation, distribution or

 

infrastructure,

 

(bc)    

relating to the development of broadband networks,”.

 

      (5)  

After that subsection insert—

 

“(4A)    

Expressions used in subsection (4)(b), (ba), (bb) or (bc) and in the

 

General Block Exemption Regulation have the same meaning as in

 

that Regulation.”

 

      (6)  

Omit subsection (6).

 

      (7)  

After subsection (7) insert—

 

“(7A)    

Expenditure is within this subsection if—

 

(a)    

the area by reference to which the condition in section

 

45K(1)(a) is met is not an area which falls within Article

 

107(3)(a) of the Treaty on the Functioning of the European

 

Union,

 

(b)    

the condition in section 45K(8)(a) is not met in relation to the

 

expenditure, and

 

(c)    

at the time the expenditure is incurred the company is not an

 

SME for the purposes of the General Block Exemption

 

Regulation.”

 

      (8)  

In subsection (12)—

 

(a)    

in the first definition, for the words from ““coal” to “have” substitute

 

“has”, and

 

(b)    

in the definition of “General Block Exemption Regulation”, for “(EC)

 

No 800/2008” substitute “(EU) No 000/2014”.

 

      (9)  

In subsection (15), for paragraph (c) substitute—


 
 

Notices of Amendments: 25 June 2014                     

271

 

Finance Bill, continued

 
 

“(c)    

Regulation (EU) No 1379/2013 of the European Parliament

 

and of the Council,”.

 

5    (1)  

Section 45N (effect of plant or machinery subsequently being primarily for use

 

outside designated assisted areas) is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

for “designated assisted area within the meaning of section 45K”

 

substitute “relevant area”, and

 

(b)    

for “such a designated assisted” substitute “a relevant”.

 

      (3)  

After subsection (3) insert—

 

“(3A)    

“Relevant area” means—

 

(a)    

in relation to expenditure which would be within subsection

 

(7A) of section 45M if paragraph (a) of that subsection were

 

omitted, a designated assisted area within the meaning of

 

section 45K which falls within Article 107(3)(a) of the Treaty

 

on the Functioning of the European Union, and

 

(b)    

in relation to any other expenditure, a designated assisted area

 

within the meaning of section 45K.”

 

6          

In section 212T(6) (cap on first-year allowances: zero-emission goods

 

vehicles), in the definition of “undertaking”, for “(EC) No 800/2008”

 

substitute “(EU) No 000/2014”.

 

7          

In section 212U(5) (cap on first-year allowances: expenditure on plant and

 

machinery for use in designated assisted areas), in the definition of “single

 

investment project”, for “(EC) No 800/2008” substitute “(EU) No 000/2014”.”

 

8          

The amendments made by this Schedule have effect in relation to expenditure

 

incurred on or after the day on which this Act is passed.”

 

Mr Chancellor of the Exchequer

 

42

 

Clause  61,  page  52,  line  12,  leave out “(EC) No 800/2008” and insert “(EU) No

 

000/2014”

 

Mr Chancellor of the Exchequer

 

43

 

Clause  61,  page  52,  line  41,  at end insert—

 

“( )    

In the application of section 360L of CAA 2001 in relation to expenditure

 

incurred before the day on which this Act is passed, the definition of “General

 

Block Exemption Regulation” in subsection (6) of that section is to be treated as

 

referring to Commission Regulation (EC) No 800/2008.”

 

Mr Chancellor of the Exchequer

 

NC4

 

To move the following Clause—

 

“Co-operative societies etc

 

Schedule (Taxation of co-operative societies etc) makes provision about the tax

 

treatment of co-operative, community benefit and industrial and provident

 

societies and credit unions.”

 

Mr Chancellor of the Exchequer

 

NS3

 

To move the following Schedule—


 
 

Notices of Amendments: 25 June 2014                     

272

 

Finance Bill, continued

 
 

“Taxation of co-operative societies etc

 

Taxation of Chargeable Gains Act 1992 (c. 12)

 

1          

In section 217D of TCGA 1992 (disposal of assets on union, amalgamation or

 

transfer of engagements), in subsection (3), after paragraph (a) insert—

 

“(aa)    

a society registered as a credit union under the Credit Unions

 

(Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)),”.

 

Co-operative and Community Benefit Societies Act 2014 (c. 14)

 

2          

Schedule 4 to the Co-operative and Community Benefit Societies Act 2014

 

(consequential amendments) is amended as follows.

 

3          

In paragraph 47 (which amends section 140E of TCGA 1992)—

 

(a)    

in sub-paragraph (2), after “Co-operative and Community Benefit

 

Societies Act 2014” insert “or a society registered or treated as

 

registered under the Industrial and Provident Societies Act (Northern

 

Ireland) 1969”, and

 

(b)    

in sub-paragraph (3), after “Co-operative and Community Benefit

 

Societies Act 2014” insert “, a society registered or treated as

 

registered under the Industrial and Provident Societies Act (Northern

 

Ireland) 1969”.

 

4          

In paragraph 48 (which amends section 140F of TCGA 1992) after “Co-

 

operative and Community Benefit Societies Act 2014” insert “or a society

 

registered or treated as registered under the Industrial and Provident Societies

 

Act (Northern Ireland) 1969”.

 

5          

In paragraph 49 (which amends section 140G of TCGA 1992) after “Co-

 

operative and Community Benefit Societies Act 2014” insert “or a society

 

registered or treated as registered under the Industrial and Provident Societies

 

Act (Northern Ireland) 1969”.

 

6          

In paragraph 50 (which amends section 170 of TCGA 1992)—

 

(a)    

in sub-paragraph (2), for “within the meaning of the Co-operative and

 

Community Benefits Societies Act 2014” substitute “(see section

 

1119 of that Act)”, and

 

(b)    

in sub-paragraph (3), for “within the meaning of the Co-operative and

 

Community Benefits Societies Act 2014” substitute “(see section

 

1119 of CTA 2010)”.

 

7          

In paragraph 53 (which amends Schedule 7AC of TCGA 1992) for “within the

 

meaning of the Co-operative and Community Benefits Societies Act 2014”

 

substitute “(see section 1119 of that Act)”.

 

8          

In paragraph 82 (which amends paragraph 28 of Schedule 2 to ITEPA 2003),

 

in the sub-paragraph (5) substituted by sub-paragraph (3)—

 

(a)    

omit the “or” following paragraph (b), and

 

(b)    

at the end of paragraph (c) insert “, or

 

(d)    

an SCE formed in accordance with Council

 

Regulation (EC) No 1435/2003 on the Statute for a

 

European Cooperative Society.”.

 

9          

In paragraph 94 (which amends section 379 of ITTOIA 2005), in the definition

 

of “registered society” inserted by sub-paragraph (4)—

 

(a)    

omit the “or” following paragraph (a), and

 

(b)    

after paragraph (b) insert—

 

“(c)    

a society registered as a credit union under the Credit

 

Unions (Northern Ireland) Order 1985 (S.I. 1985/

 

1205 (N.I. 12)), or


 
 

Notices of Amendments: 25 June 2014                     

273

 

Finance Bill, continued

 
 

(d)    

an SCE formed in accordance with Council

 

Regulation (EC) No 1435/2003 on the Statute for a

 

European Cooperative Society,”.

 

10         

In paragraph 105 (which amends section 151 of ITA 2007), in the definition of

 

“registered society” inserted by sub-paragraph (3)—

 

(a)    

omit the “or” following paragraph (a), and

 

(b)    

at the end of paragraph (b) insert “or

 

(c)    

an SCE formed in accordance with Council

 

Regulation (EC) No 1435/2003 on the Statute for a

 

European Cooperative Society,”.

 

11         

In paragraph 110 (which amends section 887 of ITA 2007), in the subsection

 

(5) substituted by sub-paragraph (5)—

 

(a)    

omit the “or” following paragraph (a), and

 

(b)    

after paragraph (b) insert—

 

“(c)    

a society registered as a credit union under the Credit

 

Unions (Northern Ireland) Order 1985 (S.I. 1985/

 

1205 (N.I. 12)), or

 

(d)    

an SCE formed in accordance with Council

 

Regulation (EC) No 1435/2003 on the Statute for a

 

European Cooperative Society.”.

 

12         

In paragraph 158 (which amends section 90 of CTA 2010), in the definition of

 

“registered society” inserted by sub-paragraph (3)—

 

(a)    

omit the “or” following paragraph (a), and

 

(b)    

at the end of paragraph (b) insert “or

 

(c)    

an SCE formed in accordance with Council

 

Regulation (EC) No 1435/2003 on the Statute for a

 

European Cooperative Society,”.

 

13         

In paragraph 168 (which amends section 1119 of CTA 2010), in the definition

 

of “registered society” inserted by sub-paragraph (3), for paragraph (c) and the

 

“or” before it substitute—

 

“(c)    

a society registered as a credit union under the Credit Unions

 

(Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)), or

 

(d)    

an SCE formed in accordance with Council Regulation (EC)

 

No 1435/2003 on the Statute for a European Cooperative

 

Society,”.

 

14         

In paragraph 171 (which amends section 118 of TIOPA 2010)—

 

(a)    

in sub-paragraph (2), after “Co-operative and Community Benefit

 

Societies Act 2014” insert “or a society registered or treated as

 

registered under the Industrial and Provident Societies Act (Northern

 

Ireland) 1969”, and

 

(b)    

in sub-paragraph (3), after “Co-operative and Community Benefit

 

Societies Act 2014” insert “, a society registered or treated as

 

registered under the Industrial and Provident Societies Act (Northern

 

Ireland) 1969”.

 

Commencement

 

15         

The amendments made by this Schedule come into force on 1 August 2014.”

 

Mr Chancellor of the Exchequer

 

NC5

 

To move the following Clause—


 
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