Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 27 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

 

Consideration of Bill (Report Stage)


 

Finance Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.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

 

order in which they relate to the Bill.

 

 


 

New Clauses

 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

NC1

 

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


 
 

Notices of Amendments: 27 October 2017                  

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Finance Bill, continued

 
 

(c)    

the effects on the matters specified in paragraphs (a) and (b) if those

 

provisions were repealed.

 

(3)    

For the purposes of this section, “the provisions for the protection of overseas

 

trusts” means the provisions inserted 18 to 38 and 40 of Schedule 8 to this Act.

 

(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 new clause requires a review to be undertaken of the effects of the provisions for protecting

 

overseas trusts from the new provisions in relation to deemed domicile.

 


 

Stella Creasy

 

Sir Peter Bottomley

 

Ms Angela Eagle

 

Mike Gapes

 

Julie Elliott

 

Ian Murray

Phil Wilson

Alison McGovern

Wes Streeting

John Woodcock

Stephen Kinnock

Angela Smith

Vernon Coaker

David Hanson

Gareth Snell

Liz Kendall

Heidi Alexander

Neil Coyle

Rachel Reeves

Luciana Berger

Ann Coffey

Peter Kyle

Ruth Smeeth

Chuka Umunna

Mr Adrian Bailey

Toby Perkins

 

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.

 



 
 

Notices of Amendments: 27 October 2017                  

3

 

Finance Bill, continued

 
 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

NC3

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Income provided through third parties: review of effects generally and in

 

relation to sports image rights

 

(1)    

The Chancellor of the Exchequer shall, no later than 21 July 2019, undertake a

 

review of the effects of the changes made in relation to income provided through

 

third parties.

 

(2)    

The review under subsection (1) shall consider in particular the effects in relation

 

to sports image rights.

 

(3)    

The Chancellor of the Exchequer shall lay before the House of Commons a report

 

of the review under this section no later than 15 October 2019.

 

(4)    

In this section—

 

“the changes made in relation to income provided through third parties”

 

means the provisions of sections 34 and 35 of and Schedule 11 to this

 

Act,

 

“sports image rights” means the rights or purported rights, whether or not

 

protected or capable of protection under any relevant laws, associated

 

with the identity or activities of a person where those rights or purported

 

rights are associated with their participation or former participation in a

 

sport.”

 

Member’s explanatory statement

 

This new clause requires the Chancellor of the Exchequer to carry out and publish a review of the

 

effects of provisions for disguised remuneration in relation to income provided through third

 

parties, including particularly the effects in relation to sports image rights.

 


 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

nc4

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Impact analyses of provisions of this Act

 

(1)    

The Chancellor of the Exchequer must review the impact of the provisions of this

 

Act in accordance with this section and lay a report of that review before the

 

House of Commons within six months of the passing of this Act.

 

(2)    

A review under this section must consider—

 

(a)    

the impact of those provisions on households at different levels of

 

income,

 

(b)    

the impact of those provisions on people with protected characteristics

 

(within the meaning of the Equality Act 2010), and


 
 

Notices of Amendments: 27 October 2017                  

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Finance Bill, continued

 
 

(c)    

the impact of those provisions on different parts of the United Kingdom

 

and different regions of England.

 

(3)    

In this section—

 

“parts of the United Kingdom” means—

 

(a)    

England,

 

(b)    

Scotland,

 

(c)    

Wales, and

 

(d)    

Northern Ireland;

 

“regions of England” has the same meaning as that used by the Office for

 

National Statistics.”

 

Member’s explanatory statement

 

This new clause requires the Chancellor of the Exchequer to carry out and publish a review of the

 

effects of the provisions of the Bill on households with different levels of income, people with

 

protected characteristics and on a regional basis.

 


 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

NC5

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Review of the conditions of registration for third country goods fulfilment

 

businesses and traders using their services

 

(1)    

Within six months of the passing of this Act, the Chancellor of the Exchequer

 

shall complete a review of the conditions of registration for third country goods

 

fulfilment businesses and the traders using their services.

 

(2)    

The review shall consider in particular—

 

(a)    

an automatic joint and several liability for VAT between registered

 

fulfilment businesses and the traders using their services, and

 

(b)    

a requirement that registered fulfilment businesses should charge VAT to

 

customers on behalf of traders using their services.

 

(3)    

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

 

before the House of Commons within one month of its completion.”

 

Member’s explanatory statement

 

This new clause requires a review to be undertaken of the conditions of registration for third

 

country goods fulfilment businesses and the traders using their services.

 

 



 
 

Notices of Amendments: 27 October 2017                  

5

 

Finance Bill, continued

 
 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

1

 

Clause  5,  page  14,  line  15,  leave out “different” and insert “higher”

 

Member’s explanatory statement

 

This amendment removes the power for the Treasury to reduce the £30,000 threshold in connection

 

with the taxation of termination payments by regulations.

 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

2

 

Clause  5,  page  14,  leave out lines 20 to 23

 

Member’s explanatory statement

 

This amendment is consequential upon Amendment 1.

 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

3

 

Clause  5,  page  14,  leave out lines 27 and 28 and insert—

 

“(2)    

“Injury” in subsection (1) includes—

 

(a)    

psychiatric injury, and

 

(b)    

injured feelings.”

 

Member’s explanatory statement

 

This amendment explicitly includes (rather than excludes) injured feelings within the definition of

 

“injury” for the purposes of payments which are excluded from the provisions of Chapter 3 of Part

 

6 of the Income Tax (Earnings and Pensions) Act 2003 (payments and benefits on termination of

 

employment).

 


 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

7

 

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.


 
 

Notices of Amendments: 27 October 2017                  

6

 

Finance Bill, continued

 
 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

8

 

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

 

“(4A)    

No regulations may be made under subsection (4) until 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 Chancel/or of the Exchequer to report on software suitability

 

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

 


 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

9

 

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

 


 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

10

 

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

 

“(5A)    

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

 

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.


 
 

Notices of Amendments: 27 October 2017                  

7

 

Finance Bill, continued

 
 

Jeremy Corbyn

 

John McDonnell

 

Mr Nicholas Brown

 

Peter Dowd

 

Jonathan Reynolds

 

Anneliese Dodds

 

11

 

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.

 


 

Chancellor of the Exchequer

 

12

 

Parliamentary Star - white    

Schedule  2,  page  121,  line  40,  leave out “on the last day of the tax year” and insert

 

“at the end time”

 

Chancellor of the Exchequer

 

13

 

Parliamentary Star - white    

Schedule  2,  page  121,  line  41,  leave out “on that day” and insert “at the end time”

 

Chancellor of the Exchequer

 

14

 

Parliamentary Star - white    

Schedule  2,  page  122,  leave out line 13 and insert “at the end time,”

 

Chancellor of the Exchequer

 

15

 

Parliamentary Star - white    

Schedule  2,  page  122,  line  21,  leave out from “if” to end of line 22 and insert “—

 

(a)    

it is involved in the property business at the end time, or

 

(b)    

although it is not involved in the business at the end time—

 

(i)    

it was last involved in the business at an earlier time

 

in the tax year, and

 

(ii)    

the person carrying on the business holds the property

 

throughout the period beginning with that earlier time

 

and ending with the end time.”

 

Chancellor of the Exchequer

 

16

 

Parliamentary Star - white    

Schedule  2,  page  122,  line  32,  at end insert—

 

“( )    

The “end time” is—

 

(a)    

the time immediately before the end of the tax year, or

 

(b)    

if in the tax year the person carrying on the business

 

permanently ceases to carry it on, the time immediately before

 

the person permanently ceases to carry on the business.”

 



 
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Revised 27 October 2017