1

House of Commons

Notices of Amendments

given up to and including

Wednesday 22 June 2016

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Committee of the whole House

Finance Bill

(Clauses 7 to 18 and Schedules 2 and 3; Clauses 41 and 42; Clauses 43 and 44; Clauses 65 to

71; Clauses 72 to 81 and Schedules 11 to 14; Clause 129; Clauses 132 to 136; Clauses 144 to

154 and Schedules 18 to 22; any new Clauses or new Schedules relating to employment

income, the subject matter of Clauses 41 to 44 and 65 to 71, capital gains tax, insurance

premium tax, climate change levy, and tax avoidance and evasion)

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the Order of the House [11 April 2016].

CLAUSES 7 TO 12, SCHEDULE 2, CLAUSES 13 TO 16, SCHEDULE 3, CLAUSES 17 AND 18,

NEW CLAUSES AND NEW SCHEDULES RELATING TO EMPLOYMENT INCOME

Mr Chancellor of the Exchequer

22

Clause  7,  page  14,  leave out lines 7 to 10 and insert—

““(1A)    

Where this Chapter applies to any living accommodation—

(a)    

the living accommodation is a benefit for the purposes of this

Chapter (and accordingly it is immaterial whether the terms on

which it is provided to any of those persons constitute a fair

bargain), and

(b)    

sections 102 to 108 provide for the cash equivalent of the benefit

of the living accommodation to be treated as earnings.””

Notices of Amendments: 22 June 2016                     

2

Finance Bill, continued

Mr Chancellor of the Exchequer

23

Clause  7,  page  14,  line  10,  at end insert—

“( )    

In section 109 (priority of Chapter 5 over Chapter 1), after subsection (3) insert—

“(4)    

In a case where the cash equivalent of the benefit of the living

accommodation is nil—

(a)    

subsections (2) and (3) do not apply, and

(b)    

the full amount mentioned in subsection (1)(b) constitutes

earnings from the employment for the year under Chapter 1.””

Mr Chancellor of the Exchequer

24

Clause  7,  page  14,  leave out lines 13 to 16 and insert —

““(1A)    

Where this Chapter applies to a car or van, the car or van is a benefit for

the purposes of this Chapter (and accordingly it is immaterial whether the

terms on which it is made available to the employee or member constitute

a fair bargain).””

Mr Chancellor of the Exchequer

25

Clause  7,  page  14,  line  35,  at end insert—

“( )    

In section 120 (benefit of car treated as earnings)—

(a)    

in subsection (2) after “case” insert “(including a case where the cash

equivalent of the benefit of the car is nil)”, and

(b)    

after subsection (2) insert—

“(3)    

Any reference in this Act to a case where the cash equivalent of

the benefit of a car is treated as the employee’s earnings for a

year by virtue of this section includes a case where the cash

equivalent is nil.”

( )    

In section 154 (benefit of van treated as earnings)—

(a)    

the existing text becomes subsection (1) of that section, and

(b)    

after that subsection insert—

“(2)    

In such a case (including a case where the cash equivalent of the

benefit of the van is nil) the employee is referred to in this

Chapter as being chargeable to tax in respect of the van for that

year.

(3)    

Any reference in this Act to a case where the cash equivalent of

the benefit of a van is treated as the employee’s earnings for a

year by virtue of this section includes a case where the cash

equivalent is nil.””

Mr Chancellor of the Exchequer

26

Clause  7,  page  14,  leave out lines 37 to 39 and insert—

““(1A)    

Where this Chapter applies to a loan—

(a)    

the loan is a benefit for the purposes of this Chapter (and

accordingly it is immaterial whether the terms of the loan

constitute a fair bargain), and

Notices of Amendments: 22 June 2016                     

3

Finance Bill, continued

(b)    

sections 175 to 183 provide for the cash equivalent of the benefit

of the loan (where it is a taxable cheap loan) to be treated as

earnings in certain circumstances.””

John McDonnell

Seema Malhotra

Rob Marris

Rebecca Long Bailey

Richard Burgon

2

Clause  10,  page  15,  line  29,  after “omit”, insert “, except in the case of a low

emissions vehicle,”

John McDonnell

Seema Malhotra

Rob Marris

Rebecca Long Bailey

Richard Burgon

3

Clause  10,  page  15,  line  38,  at end add—

“(3)    

For the purposes of this section, a “low emissions vehicle” means any car first

registered on or after 1 April 2017 which emits 0.06g or less of nitrous oxides per

kilometre.”

Mr Chancellor of the Exchequer

27

Clause  14,  page  19,  line  19,  leave out paragraph (a) and insert—

“(a)    

in section 51(1)—

(i)    

disregard “either” in the opening words, and

(ii)    

disregard paragraph (b) (and the preceding or), and”.

Roger Mullin

180

Clause  16,  page  24,  line  35,  at end add—

“(2)    

The Chancellor of the Exchequer shall undertake a review of the impact of the

abandonment by HMRC of its valuation check service for Small and Medium-

sized Enterprises, including its associated impact on employee share ownership

schemes, and report to Parliament within six months of the passing of this Act.”

Notices of Amendments: 22 June 2016                     

4

Finance Bill, continued

Mr Chancellor of the Exchequer

28

Schedule  3,  page  274,  line  20,  leave out “(1) does” and insert “(1)(a) and (b) do”

John McDonnell

Seema Malhotra

Rob Marris

Rebecca Long Bailey

Richard Burgon

NC1

To move the following Clause—

“Review of income tax treatment of workers providing services through

intermediaries

The Chancellor of the Exchequer must conduct a strategic review of the impact

on workers defined as providing services through intermediaries of their

treatment for income tax purposes, including the differential impact on different

types of worker, and must publish the report of the review within six months of

the passing of this Act.”

John McDonnell

Seema Malhotra

Rob Marris

Rebecca Long Bailey

Richard Burgon

NC3

To move the following Clause—

“Tax treatment of workers employed through intermediaries

The Chancellor of the Exchequer must, within six months of the passing of this

Act, publish a report on the impact of the current system of employment through

intermediaries on the treatment for tax purposes of the employment income of

workers employed through an intermediary or umbrella company, including the

role of intermediaries and umbrella companies.”

Notices of Amendments: 22 June 2016                     

5

Finance Bill, continued

Seema Malhotra

John McDonnell

Rob Marris

Rebecca Long Bailey

Richard Burgon

NC10

To move the following Clause—

“Employee share schemes: value for money

The Chancellor of the Exchequer shall, within six months of the passing of this

Act, publish a report giving HM Treasury’s assessment of the value for money

provided by each type of employee share scheme.”

Clauses 132 to 136, new clauses and new Schedules relating to climate

change levy

Rebecca Long Bailey

John McDonnell

Seema Malhotra

Rob Marris

Richard Burgon

183

Clause  135,  page  189,  line  13,  at end add—

“(3)    

The Chancellor of the Exchequer shall conduct a review of the impact of the

Climate Change Levy in reducing carbon emissions within 12 months of the

passing of this Act.

(4)    

The report shall have particular reference to—

(a)    

the removal of the exemption for electricity generated from renewable

sources;

(b)    

the abolition of the Carbon Reduction Commitment; and

(c)    

reporting requirements by companies and public sector bodies for energy

usage and carbon emissions.”

Clauses 144 to 147, Schedule 18, Clauses 148 and 149, Schedule 19, Clause 150,

Schedule 20, Clause 151, Schedule 21, Clauses 152 and 153, Schedule 22,

Clause 154, new clauses and new Schedules relating to tax avoidance and

evasion

Mr Chancellor of the Exchequer

114

Clause  144,  page  194,  leave out lines 12 to 15 and insert—

“( )    

notifies the person of the person’s rights of appeal with respect to the

notified adjustments (when made) and contains a statement that if an

appeal is made against the making of the adjustments—

(i)    

no steps may be taken in relation to the appeal unless and until

the person is given a notice referred to in section 209F(2), and

Notices of Amendments: 22 June 2016                     

6

Finance Bill, continued

(ii)    

the notified adjustments will be cancelled if HMRC fails to take

at least one of the actions mentioned in section 209B(4) within

the period specified in section 209B(2).”

Mr Chancellor of the Exchequer

115

Clause  145,  page  198,  line  8,  leave out “Condition 1 or 2” and insert “the condition

in sub-paragraph (2)”

Mr Chancellor of the Exchequer

116

Clause  145,  page  198,  line  9,  leave out “Condition 1” and insert “The condition”

Mr Chancellor of the Exchequer

117

Clause  145,  page  198,  line  10,  at end insert “but no notice under paragraph 12 of

Schedule 43 or paragraph 9 of Schedule 43B has yet been given in respect of the matter.”

Mr Chancellor of the Exchequer

118

Clause  145,  page  198,  leave out lines 11 and 12

Mr Chancellor of the Exchequer

119

Clause  145,  page  198,  line  20,  leave out from first “notice” to end of line 21 and

insert “(a “pooling notice”) which places R’s arrangements in a pool with the lead

arrangements.”

Mr Chancellor of the Exchequer

120

Clause  145,  page  198,  line  21,  at end insert—

    “( )  

There is one pool for any lead arrangements, so all tax arrangements placed in

a pool with the lead arrangements (as well as the lead arrangements

themselves) are in one and the same pool.

      ( )  

Tax arrangements which have been placed in a pool do not cease to be in the

pool except where that is expressly provided for by this Schedule (regardless

of whether or not the lead arrangements or any other tax arrangements remain

in the pool).”

Mr Chancellor of the Exchequer

121

Clause  145,  page  198,  line  22,  leave out “notice of binding” and insert “pooling

notice”

Mr Chancellor of the Exchequer

122

Clause  145,  page  198,  line  23,  leave out “(which has not been withdrawn)”

Notices of Amendments: 22 June 2016                     

7

Finance Bill, continued

Mr Chancellor of the Exchequer

123

Clause  145,  page  198,  line  25,  leave out from “43” to end of line 26

Mr Chancellor of the Exchequer

124

Clause  145,  page  198,  line  26,  at end insert—

“Notice of proposal to bind arrangements to counteracted arrangements

1A  (1)  

This paragraph applies where a counteraction notice has been given to a person

in relation to any tax arrangements (the “counteracted arrangements”) which

are in a pool created under paragraph 1.

      (2)  

If a designated HMRC officer considers—

(a)    

that a tax advantage has arisen to another person (“R”) from tax

arrangements that are abusive,

(b)    

that those tax arrangements (“R’s arrangements”) are equivalent to the

counteracted arrangements, and

(c)    

that the advantage ought to be counteracted under section 209,

the officer may give R a notice (a “notice of binding”) in relation to R’s

arrangements.

      (3)  

The officer may not give R a notice of binding if R has been given in respect

of R’s arrangements a notice under—

(a)    

paragraph 1, or

(b)    

paragraph 3 of Schedule 43.

      (4)  

In this paragraph “counteraction notice” means a notice such as is mentioned

in sub-paragraph (2) of paragraph 12 of Schedule 43 or sub-paragraph (3) of

paragraph 9 of Schedule 43B (notice of final decision to counteract).

1B"      

Mr Chancellor of the Exchequer

125

Clause  145,  page  198,  line  27,  after “a” insert “pooling notice or”

Mr Chancellor of the Exchequer

126

Clause  145,  page  198,  line  30,  after “A” insert “pooling notice or”

Mr Chancellor of the Exchequer

127

Clause  145,  page  198,  line  34,  after “arrangements” insert “or the counteracted

arrangements (as the case may be)”

Mr Chancellor of the Exchequer

128

Clause  145,  page  199,  line  1,  after “A” insert “pooling notice or”

Mr Chancellor of the Exchequer

129

Clause  145,  page  199,  leave out lines 4 to 10