Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 19 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

 

Amendments tabled since the last publication: 39 to 43 and NC4 to NC5

 

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withdrawn amendments at the end.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.

 

 


 

Kirsty Blackman

 

David Linden

 

37

 

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).


 
 

Notices of Amendments: 19 October 2017                  

2

 

Finance Bill, continued

 
 

      (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.

 

      (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.


 
 

Notices of Amendments: 19 October 2017                  

3

 

Finance Bill, continued

 
 

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.

 

Stella Creasy

 

39

 

Parliamentary Star    

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 to those employees.

 

(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 kept in

 

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

 

employees.

 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

33

 

Clause  60,  page  78,  line  19,  after “day”, insert “no earlier than 1 January 2022”.

 

Member’s explanatory statement

 

This amendment provides that the provisions for digital reporting in Clause 60 may not be brought

 

into force before 2022.

 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

40

 

Parliamentary Star    

Clause  60,  page  78,  line  20,  at end insert—

 

“(4A)    

No regulations may be made under subsection (4) until after 90 days after the

 

Chancellor of the Exchequer has laid a report before the House of Commons

 

which sets out—

 

(a)    

the steps which HMRC has undertaken to establish that suitable software

 

is available;

 

(b)    

the results of the testing by HMRC and others of that software; and

 

(c)    

the reasons why mandatory use of the software is in the interest of HMRC

 

and taxpayers.”

 

Member’s explanatory statement

 

This amendment would require the Chancellor of the Exchequer to report on software suitability

 

and testing before giving effect to the provisions of Clause 60.


 
 

Notices of Amendments: 19 October 2017                  

4

 

Finance Bill, continued

 
 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

34

 

Clause  61,  page  78,  line  34,  after “day”, insert “no earlier than 1 January 2022”.

 

Member’s explanatory statement

 

This amendment provides that the provisions for digital reporting in Schedule 14 and Clause 61

 

may not be brought into force before 2022.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

35

 

Clause  62,  page  79,  line  12,  at end insert—

 

“(5A)    

No regulations may be made under sub-paragraph (5) on a day prior to 1 January

 

2022.”

 

Member’s explanatory statement

 

This amendment provides that the provisions for digital reporting in Clause 62 may not be brought

 

into force before 2022.

 

Kirsty Blackman

 

David Linden

 

38

 

Clause  62,  page  79,  line  12,  at end insert—

 

“(5A)    

But no regulations may be made by the Commissioners unless the conditions in

 

sub-paragraphs (5B) to (5D) are met.

 

(5B)    

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 those regulations 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.

 

(5C)    

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.

 

(5D)    

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 (5C).”

 

Member’s explanatory statement

 

This amendment would provide for implementation of the provisions for making tax digital in

 

relation to VAT to take place only following a review of impact on specific groups and provision

 

for regulations to be subject to approval by resolution of the House of Commons.


 
 

Notices of Amendments: 19 October 2017                  

5

 

Finance Bill, continued

 
 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

36

 

Clause  62,  page  79,  line  19,  at end insert—

 

“(6A)    

Regulations under sub-paragraph (5) may not impose mandatory requirements

 

for businesses to generate quarterly updates.”

 

Member’s explanatory statement

 

This amendment provides that any system for quarterly updates to be generated must not be

 

mandatory.

 

Stella Creasy

 

10

 

Clause  62,  page  80,  line  13,  at end insert—

 

“(12)    

Before making regulations under sub-paragraph (5) and in any case within three

 

months of the passing of the Finance (No. 2) Act 2017, the Commissioners shall

 

lay before the House of Commons an assessment on the effects on compliance

 

with the requirements of those regulations by small businesses of the United

 

Kingdom’s withdrawal from the European Union.”

 

Member’s explanatory statement

 

This amendment requires HMRC to publish an assessment of the effects on electronic VAT records

 

requirements for small business of the UK’s withdrawal from the EU.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

41

 

Parliamentary Star    

Schedule  16,  page  609,  line  4,  out “may” and insert “must”

 

Member’s explanatory statement

 

This amendment would remove HMRC’s discretion over whether to publish information on people

 

have incurred a penalty and the conditions of paragraph 46 have been met.

 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

42

 

Parliamentary Star    

Schedule  16,  page  611,  line  27,  at end insert—

 

“Duty to publish information on operation of penalty regime

 

51A(1)  

The Commissioners must publish information about the operation of the

 

penalty scheme in relation to each tax year within six months of the completion

 

of that tax year.

 

      (2)  

Such information shall cover in particular—

 

(a)    

the nature of the abusive tax arrangements giving rise to penalties,

 

(b)    

the extent to which such arrangements relate to offshore income,

 

assets and activities,


 
 

Notices of Amendments: 19 October 2017                  

6

 

Finance Bill, continued

 
 

(c)    

the extent to which people who would otherwise have been liable for

 

a penalty under these provisions were not liable due to being convicted

 

of a criminal offence in accordance with paragraph 52.”

 

Member’s explanatory statement

 

This amendment would broaden the requirement for HMRC to publish information on penalties to

 

cover the nature of the abusive tax arrangements, the extent to which they involve offshoring and

 

the instances where successful criminal prosecution is used instead.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

43

 

Parliamentary Star    

Clause  69,  page  91,  line  16,  at end insert—

 

“(1A)    

In Schedule 23 to FA 2011, after paragraph 65, insert—

 

“66(1)  

No later than 30 September 2020, the Commissioner shall undertake a

 

review of the exercise of the powers under this Schedule in relation to

 

relevant data holders specified in paragraph 13D.

 

      (2)  

The review shall consider in particular the number of appeals in

 

relation to Data-holder Notices.

 

      (3)  

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

 

this paragraph before the House of Commons within one month of its

 

completion.”

 

Member’s explanatory statement

 

This amendment would require HMRC to review the exercise of its data-gathering powers in

 

relation to money service businesses.

 


 

New Clauses

 

Stella Creasy

 

NC1

 

To move the following Clause—

 

         

“Review of relief from corporation tax relief for PFI companies

 

(1)    

Within three months of the passing of this Act, the Commissioners for Her

 

Majesty’s Revenue and Customs shall complete a review about how corporation

 

tax relief is given for losses, deficits, expenses and other amounts of PFI

 

companies.

 

(2)    

For the purposes of this section, “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.


 
 

Notices of Amendments: 19 October 2017                  

7

 

Finance Bill, continued

 
 

(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 new clause requires a review to be undertaken of the corporation tax reliefs available to PFI

 

companies.

 


 

Stella Creasy

 

NC2

 

To move the following Clause—

 

         

“Taxation of chargeable gains: review of treatment of commercial property

 

held by persons with foreign domicile

 

(1)    

The Taxation of Chargeable Gains Act 1992 is amended as follows.

 

(2)    

After section 14 (non-resident groups of companies), insert—

 

         

“Review of treatment of commercial property held by persons with

 

foreign domicile

 

(1)    

Within three 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 taxation of chargeable gains held by persons with

 

foreign domicile.

 

(2)    

The review shall consider in particular the implications if the treatment

 

of commercial property were to be the same as the treatment of

 

residential property under section 4BB(2).

 

(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 new clause requires a review to be undertaken of the treatment of capital gains on commercial

 

property disposed of by UK taxpayers with a foreign domicile.

 


 

Peter Dowd

 

Anneliese Dodds

 

Jeff Smith

 

NC3

 

To move the following Clause—

 

         

“Deemed domicile: review of protection of overseas trusts

 

(1)    

Within fifteen months of the passing of this Act, the Commissioners for Her

 

Majesty’s Revenue and Customs shall complete a review about the operation of

 

the provisions for the protection of overseas trusts in relation to deemed domicile.

 

(2)    

The review shall in particular consider—

 

(a)    

the effects of those provisions on the Exchequer,

 

(b)    

the behavioural effects of those provisions, and


 
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Revised 19 October 2017