Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 17 October 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Public Bill Committee


 

Finance Bill


 

(Except Clause 5 and any new Clauses or new Schedules relating to the tax treatment of


 

payments or benefits received in connection with the termination of an employment or a


 

change in the duties in, or earnings from, an employment; Clause 15 and any new Clauses or


 

new Schedules relating to the conditions under which business investment relief in Chapter


 

A1 of Part 14 of the Income Tax Act 2007 is available; Clause 25 and any new Clauses or new


 

Schedules relating to the extent to which trading profits are chargeable to corporation tax at


 

the Northern Ireland rate)


 

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withdrawn amendments at the end.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 Committee of 17 October.

 

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

27

 

Parliamentary Star - white    

Schedule  5,  page  352,  leave out from end of line 35 to the beginning of line 21 on page

 

368

 

Member’s explanatory statement

 

This amendment removes the special provisions relating to the corporate interest restriction for

 

public infrastructure companies.


 
 

Notices of Amendments: 17 October 2017                  

2

 

Finance Bill, continued

 
 

Stella Creasy

 

3

 

Schedule  5,  page  354,  line  10,  after “subsection (11))”, insert—

 

“(c)    

the company is not a PFI company,”

 

Member’s explanatory statement

 

This amendment would exclude PFI companies from the provisions of Chapter 8 of new Part 10 of

 

TIOPA 2010.

 

Stella Creasy

 

4

 

Schedule  5,  page  361,  line  21,  at end insert “and

 

(c)    

the company is a PFI company,”

 

Member’s explanatory statement

 

This amendment provides that the qualifying old loan relationship only applies to a qualifying

 

infrastructure company that is a PFI company.

 

Stella Creasy

 

5

 

Schedule  5,  page  364,  line  10,  at end insert—

 

“443A

  Review of effects in relation to PFI companies

 

(1)    

Within three months of the coming into force of this Chapter, the Commissioners

 

for Her Majesty’s Revenue and Customs shall complete a review of the effects of

 

the provisions of this Chapter in relation to PFI companies.

 

(2)    

The review shall consider in particular the effects if the provisions of—

 

(a)    

the Chapter, and

 

(b)    

the exemption in section 439

 

    

were not to apply to PFI companies.

 

(3)    

The Chancellor of the Exchequer shall lay a report of the review under this section

 

before the House of Commons within three months of its completion.”

 

Member’s explanatory statement

 

This amendment requires a review to be undertaken of the impact of the provisions of Chapter 8

 

of new Part 10 of TIOPA 2010 in relation to PFI companies and if the provisions did not apply to

 

PFI companies.

 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

28

 

Parliamentary Star - white    

Schedule  5,  page  367,  line  46,  at end insert—

 

“448A

  Sectoral reporting on operation of this Chapter

 

(1)    

Within fifteen months of the coming into force of this Chapter, the

 

Commissioners for Her Majesty’s Revenue and Customs shall complete a review

 

about the operation of its provisions in relation to different sectors.

 

(2)    

The sectors covered by this review shall be—

 

(a)    

water and sewerage,

 

(b)    

gas and electricity,

 

(c)    

telecommunications,

 

(d)    

railway facilities,

 

(e)    

roads and other transport facilities,


 
 

Notices of Amendments: 17 October 2017                  

3

 

Finance Bill, continued

 
 

(f)    

health facilities,

 

(g)    

educational facilities,

 

(h)    

facilities or housing accommodation provided for use by any of the

 

armed forces,

 

(i)    

facilities or housing accommodation provided for use by any police

 

force,

 

(j)    

court or prison facilities,

 

(k)    

waste processing facilities,

 

(l)    

buildings (or parts of buildings) occupied by any relevant public body

 

other than for purposes principally concerned with matters specified in

 

paragraphs (a) to (k).

 

(3)    

A review under this section shall separately identify, in respect of each sector,

 

information on operation in respect of qualifying infrastructure companies

 

undertaking activities that were previously undertaken by a nationalised industry.

 

(4)    

The Chancellor of the Exchequer shall lay a report of the review under this section

 

before the House of Commons within three months of its completion.”

 

Member’s explanatory statement

 

This amendment would require HMRC to report on the operation of the special provisions in

 

Schedule 5 relating to public infrastructure in relation to sectors and, within sectors, in relation to

 

privatised companies as a group.

 

Stella Creasy

 

6

 

Schedule  5,  page  368,  line  13,  at end insert—

 

“a PFI company” means a company which has entered into a contract with

 

a public sector body under the Private Finance Initiative or the PF2

 

initiative.”

 

Member’s explanatory statement

 

This amendment defines a PFI company.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

29

 

Parliamentary Star - white    

Schedule  6,  page  479,  line  15,  at end insert—

 

“Chapter 7

 

Review and policy statement

 

1218ZFB 

  Review of operation of this Part and policy statement

 

(1)    

No later than 30 September 2020, the Chancellor of the Exchequer shall lay

 

before the House of Commons a report of a review and a policy statement in

 

accordance with the provisions of this section.

 

(2)    

The review shall consider—

 

(a)    

the number of touring exhibitions benefiting from the relief,

 

(b)    

the number of other exhibitions benefiting from the relief,

 

(c)    

an assessment of the operation of the provisions.


 
 

Notices of Amendments: 17 October 2017                  

4

 

Finance Bill, continued

 
 

(3)    

The policy statement shall set our proposals for the continuation, discontinuation

 

or modification of the relief from 2022 onwards.”

 

Member’s explanatory statement

 

This amendment would make statutory provision for the 2020 review of the operation of the new

 

museums and galleries tax relief, including consideration of its effects and its future beyond 2022.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

30

 

Parliamentary Star - white    

Clause  22,  page  27,  line  25,  at end insert—

 

“217E

  Review of operation of this Part

 

(1)    

Within fifteen months of the coming into force of this Part, the Commissioners

 

for Her Majesty’s Revenue and Customs shall complete a review about the

 

operation its provisions (including in relation to different eligible sports).

 

(2)    

The review shall, so far as practical, identify the extent to which the provisions

 

have benefitted particular eligible sports.

 

(3)    

The Chancellor of the Exchequer shall lay a report of the review under this section

 

before the House of Commons within three months of its completion.”

 

Member’s explanatory statement

 

This amendment would make statutory provision for a review of the new relief for grassroots sport,

 

including identification of benefits to particular sports where possible.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

31

 

Parliamentary Star - white    

Clause  23,  page  32,  line  45,  at end insert—

 

“357GCZG 

  Review of changes to provisions for cost-sharing arrangements

 

(1)    

Within fifteen months of the passing of the Finance (No. 2) Act 2017, the

 

Commissioners for Her Majesty’s Revenue and Customs shall complete a review

 

about the effects of the changes to cost-sharing arrangements.

 

(2)    

In this section, “the changes to cost-sharing arrangements” means the changes to

 

this Part of this Act made by section 23 of the Finance (No. 2) Act 2017.

 

(3)    

The Chancellor of the Exchequer shall lay a report of the review under this section

 

before the House of Commons within three months of its completion.”

 

Member’s explanatory statement

 

This amendment would make statutory provision for a review of the effects of the changes relating

 

to cost-sharing arrangements on profits from the exploitation of patents or similar intellectual

 

property.

 



 
 

Notices of Amendments: 17 October 2017                  

5

 

Finance Bill, continued

 
 

Mel Stride

 

1

 

Clause  28,  page  38,  line  5,  leave out from “applies” to “in” in line 6

 

Mel Stride

 

2

 

Clause  28,  page  38,  line  10,  leave out “paragraph 7” and insert “this Schedule”

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

24

 

Parliamentary Star - white    

Schedule  8,  page  501,  line  25,  leave out paragraphs 18 to 40

 

Member’s explanatory statement

 

This amendment would remove the exemption from the new provisions for deemed domicile in

 

Clause 29 for overseas trusts.

 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

25

 

Parliamentary Star - white    

Schedule  8,  page  501,  line  28,  line 28, leave out “D” and insert “E”

 

Member’s explanatory statement

 

This amendment paves the way for Amendment 26.

 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

26

 

Parliamentary Star - white    

Schedule  8,  page  502,  line  14,  at end insert—

 

“(8A)    

Condition E is that the settlor registers the source of the property or income on a

 

public register in a manner prescribed by regulations.

 

(8B)    

The Treasury shall by regulations prescribe the manner for public registration of

 

the source of property or income for the purposes of subsection (8A).

 

(8C)    

A statutory instrument containing regulations under subsection (8B) may not be

 

made unless a draft of it has been laid before, and approved by a resolution of, the

 

House of Commons.”

 

Member’s explanatory statement

 

This amendment would require the beneficiary of an overseas trust to provide information about

 

the sources of the property or income on a public register.

 



 
 

Notices of Amendments: 17 October 2017                  

6

 

Finance Bill, continued

 
 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

32

 

Parliamentary Star - white    

Clause  40,  page  58,  line  31,  at end insert—

 

“262AG 

  Review of operation of co-ownership authorised contractual schemes

 

(1)    

Within fifteen months of the passing of the Finance (No. 2) Act 2017, the

 

Commissioners for Her Majesty’s Revenue and Customs shall complete a review

 

of the operation of the new provisions for co-ownership authorised contractual

 

schemes.

 

(2)    

The review shall, in particular, consider the operation of these provisions in

 

relation to master funds.

 

(3)    

In this section, “the new provisions for co-ownership authorised contractual

 

schemes” means—

 

(a)    

sections 262AA to 262AF of this Act, and

 

(b)    

regulations made under sections 41 and 42 of the Finance (No. 2) Act

 

2017.

 

(4)    

The Chancellor of the Exchequer shall lay a report of the review under this section

 

before the House of Commons within three months of its completion.”

 

Member’s explanatory statement

 

This amendment would make statutory provision for a review of the operation of the new

 

provisions for co-ownership authorised contractual schemes.

 


 

Kirsty Blackman

 

David Linden

 

37

 

Parliamentary Star - white    

Clause  60,  page  71,  line  16,  leave out “paragraph 2” and insert “paragraphs 1A and

 

2.

 

1A  (1)  

The provisions of this Schedule shall not apply to a person specified in

 

paragraph 1(1) except in accordance with the provisions of this paragraph.

 

      (2)  

No person shall be subject to the provisions of this Schedule unless they fall

 

within a class of persons specified in regulations made under sub-paragraph

 

(3).

 

      (3)  

The Commissioners may by regulations specify a class of persons to whom this

 

Schedule applies provided that the relevant conditions in sub-paragraphs (4) to

 

(9) are met.

 

      (4)  

The condition in this sub-paragraph is that the first regulations may not be

 

made until after the Commissioners have undertaken an assessment of the

 

impact of the implementation of the provisions of this Schedule on—

 

(a)    

small businesses that have limited technological connectedness,

 

(b)    

businesses in rural areas, and

 

(c)    

businesses that are likely to have been affected by the closure of

 

HMRC offices.

 

      (5)  

The condition in this sub-paragraph is that the first regulations may not apply

 

to more than 25 per cent of persons to whom paragraph 1(1) applies.

 

      (6)  

The condition in this sub-paragraph is that the Commissioners have prepared

 

an assessment of the likely effects of making regulations in the form of a draft

 

which has been laid before the House of Commons by the Treasury.


 
 

Notices of Amendments: 17 October 2017                  

7

 

Finance Bill, continued

 
 

      (7)  

The condition in this sub-paragraph is that the House of Commons has

 

resolved that regulations should be made in the form of a draft laid in

 

accordance with sub-paragraph (6).

 

      (8)  

The condition in this sub-paragraph is that the second regulations may not be

 

made—

 

(a)    

until at least twelve months have elapsed since the making of the first

 

regulations,

 

(b)    

unless, taken together with the first regulations, they apply to no more

 

than 90 per cent of persons to whom paragraph 1(1) applies.

 

      (9)  

The condition in this sub-paragraph is that the third set of regulations may not

 

be made until at least twelve months have passed since the making of the

 

second regulations.”

 

Member’s explanatory statement

 

This amendment would provide for a staged implementation of the provisions for making tax

 

digital in relation to income tax, with review of impact on specific groups and provision for each

 

new stage to be subject to approval by resolution of the House of Commons.

 

Stella Creasy

 

7

 

Clause  60,  page  75,  line  7,  at end insert—

 

“(1A)    

Regulations under sub-paragraph (1) must in particular require a person or

 

partnership to record service charges separately from other income.”

 

Member’s explanatory statement

 

This amendment imposes a duty on HMRC to require separate records to be kept of service

 

charges.

 

Stella Creasy

 

8

 

Clause  60,  page  75,  line  7,  at end insert—

 

“(1B)    

Regulations under sub-paragraph (1) must in particular require a person or

 

partnership to maintain separate records in respect of each employee and in

 

respect of any prescribed time period of service charges received and to make

 

those records available in a prescribed manner.

 

(1C)    

In sub-paragraph (1B), “prescribed” means prescribed by regulations.”

 

Member’s explanatory statement

 

This amendment imposes a duty on HMRC to require separate records of service charges to be

 

kept in respect of each employee and in respect of prescribed period to be made available in a

 

prescribed manner.

 

Stella Creasy

 

9

 

Clause  60,  page  75,  line  7,  at end insert—

 

“(1D)    

Regulations under sub-paragraph (1) must in particular establish a right for

 

employees to obtain from their employer information relevant to their own tax

 

liabilities from digital records of service charges received.”

 

Member’s explanatory statement

 

This amendment imposes a duty on HMRC to create a right for employees to access digital records

 

held by their employers which are relevant for the purpose of calculating their individual tax

 

liabilities in relation to service charges.


 
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Revised 17 October 2017