Finance Bill (HC Bill 47)
SCHEDULE 24 SECTION 179(2) AND (5)
Contents page 540-549 550-559 560-569 570-579 580-589 590-599 600-609 610-619 620-637 638-639 640-644 Last page
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SCHEDULE 24 Section 179(2) and (5) Tax advantages constituting the grant of state aid
Part 1 Tax advantages to which section 179(2)applies
5Enhanced capital allowances
| Tax advantage | Provision under which tax advantage is given |
|---|---|
| Business premises renovation allowances |
Part 3A of CAA 2001 |
| Zero-emission goods vehicle allowances |
10Section 45DA, 45DB and 212T of CAA 2001 |
| Expenditure on plant and machinery for use in designated assisted areas (enhanced capital allowances for enterprise zones) |
Sections 45K to 45N and 212U of CAA 2001 15 |
Creative tax reliefs
| Tax advantage | Provision under which tax advantage is given |
|---|---|
| Film tax relief | 20Part 15 of CTA 2009 |
| Television tax reliefs | Part 15A of CTA 2009 |
| Theatre relief | Part 15C of CTA 2009 |
| Orchestra tax relief | Part 15D of CTA 2009 |
Research and development reliefs
| Tax advantage | 25Provision under which tax advantage is given |
|---|---|
| Relief for SMEs: cost of research and development incurred by SME |
Chapter 2 of Part 13 of CTA 2009 |
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| Tax advantage | Provision under which tax advantage is given |
|---|---|
| Vaccine research relief | Chapter 7 of Part 13 of CTA 2009 |
5Part 2 Tax advantages to which section 179(5) applies
| Tax advantage | Provision under which tax advantage is given to beneficiary |
Person liable to receive request under section 179(5) |
|---|---|---|
| Reduced rate of climate change levy payable in respect of a reduced rate supply (for supplies covered by climate change agreement) |
Paragraphs 42 and 44 of Schedule 6 to FA 2000 |
10The person to whom the reduced rate taxable supply is supplied 15 |
| Relief granted to investors in a company under the enterprise investment scheme |
Part 5 of ITA 2007 | The company whose shares are acquired by investors |
| Relief granted to investors in a venture capital trust under the venture capital trust scheme |
Part 6 of ITA 2007 | 20The venture capital trust |
25SCHEDULE 25 Section 183 Office of Tax Simplification
Membership
1 (1) The OTS is to consist of not more than eight members.
(2) The members of the OTS must include—
(a) 30a chair,
(b) a tax director (see sub-paragraph (5)),
(c) a representative of Her Majesty’s Revenue and Customs, and
(d) a representative of the Treasury.
(3) The additional members, if any, are to be nominated by the chair.
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(4)
The members of the OTS are to be appointed by the Chancellor of the
Exchequer.
(5)
A person may be appointed as a tax director of the OTS only if the
Chancellor of the Exchequer is satisfied that the person has the necessary
5qualifications and experience to direct the manner in which the OTS
discharges its functions.
(6)
The Chancellor of the Exchequer must consult the chair of the OTS before
appointing a person as a tax director (subject to paragraph 3(3)).
Term of office
2
(1)
10A person holds and vacates office as a member of the OTS in accordance
with the terms of the appointment, subject to the following provisions.
(2) A period of appointment may not exceed 5 years.
(3)
A person who ceases to be a member of the OTS is eligible for re-
appointment.
15Appointment of initial members
3
(1)
Sub-paragraphs (2) and (3) apply where a person (“P”) appointed under
paragraph 1(2)(a) or (b) was, immediately before the appointment, the chair
or tax director (as the case may be) of the non-statutory Office of Tax
Simplification.
(2)
20P’s period of appointment is to be taken to have begun with the appointment
of P as the chair or tax director (as the case may be) of the non-statutory
Office of Tax Simplification.
(3)
The requirement in paragraph 1(6) does not apply where P was,
immediately before P’s appointment under paragraph 1(2)(b), the tax
25director of the non-statutory Office of Tax Simplification.
Termination of appointments
4
A member of the OTS may at any time resign by giving written notice to the
Chancellor of the Exchequer.
5
(1)
The Chancellor of the Exchequer may terminate the appointment of a
30member of the OTS by giving the member written notice.
(2)
In the case of a member appointed for the purposes of paragraph 1(2)(a) or
(b) or (3), the Chancellor of the Exchequer may only terminate the
appointment if—
(a)
the member has been absent from meetings of the OTS without the
35OTS’s permission for a period of more than 3 months,
(b) the member becomes bankrupt (see sub-paragraph (3)),
(c)
the member has failed to comply with the terms of the appointment,
or
(d)
the member is, in the opinion of the Chancellor of the Exchequer,
40unable, unfit or unwilling to carry out the member’s functions.
(3) A member becomes bankrupt if—
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(a)
in England and Wales or Northern Ireland, a bankruptcy order is
made in relation to the member;
(b) in Scotland, the member’s estate is sequestrated.
Remuneration
6
5The Treasury may pay a member of the OTS such remuneration and
allowances as the Treasury may determine.
Provision of staff and facilities etc.
7
The Treasury may provide the OTS with such staff, accommodation,
services and other facilities as appear to the Treasury to be necessary or
10expedient for the proper performance by the OTS of its functions.
Validity of proceedings
8 The OTS may regulate its own procedure.
9 The validity of anything done by the OTS is not affected by—
(a) any vacancy in the membership of the OTS, or
(b) 15any defect in the appointment of a member of the OTS.
Supplementary powers
10
The OTS may do anything that appears to it to be necessary or appropriate
for the purpose of, or in connection with, the performance of its functions.
Finance
11
(1)
20The Treasury may make to the OTS such payments out of money provided
by Parliament as the Treasury considers appropriate for the purpose of
enabling the Office to meet its expenses.
(2)
Payments are to be made at such times, and subject to such conditions, as the
Treasury may determine.
25Disqualification
12
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) insert at the appropriate
place—
-
““The Office of Tax Simplification.””
13
30In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) insert at the
appropriate place—
-
““The Office of Tax Simplification.””
Freedom of information
14
35In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities to which the Act applies) insert at the appropriate place—
-
““The Office of Tax Simplification.””
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Public sector equality duty
15
In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
public sector equality duty) under the heading “Industry, business, finance
etc.” insert at the appropriate place—
-
5““The Office of Tax Simplification.””