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(i) the word "and" shall be inserted at the end of paragraph (a);
(ii) paragraph (b) and the words from "equal to the amount" to the end shall be omitted;
(b) after that sub-paragraph there shall be inserted—
"(1A) The amount of the penalty shall be—
(a) equal to the amount of the levy evaded, or (as the case may be) intended to be evaded, by the person's conduct if at the time of engaging in that conduct he was or was required to be registered;
(b) equal to twice that amount if at that time the person neither was nor was required to be registered.";
(c) in sub-paragraph (3) and (4) of paragraph 7, for "sub-paragraph (1)" there shall be substituted "sub-paragraph (1A)";
(d) after paragraph 9 there shall be inserted—
"Incorrect records etc evidencing claim for tax credit
9A(1) This paragraph applies where—
(a) a claim is made for a tax credit in such a case as is mentioned in—
(i) section 30(1)(c) of this Act (aggregate used in a prescribed industrial or agricultural process), or
(ii) section 30A of this Act (transitional tax credit in Northern Ireland);
(b) a record or other document is provided to the Commissioners as evidence for the claim; and
(c) the record or document is incorrect.
(2) The person who provided the document to the Commissioners, and any person who provided it to anyone else with a view to its being used as evidence for a claim for a tax credit, shall be liable to a penalty.
(3) The amount of the penalty shall be equal to 105 per cent of the difference between—
(a) the amount of tax credit that would have been due on the claim if the record or document had been correct, and
(b) the amount (if any) of tax credit actually due on the claim.
(4) The providing of a record or other document shall not give rise to a penalty under this paragraph if the person who provided it satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for his having provided it.
(5) Where by reason of providing a record or other document—
(a) a person is convicted of an offence (whether under this Act or otherwise), or
(b) a person is assessed to a penalty under paragraph 7 or 9 above,
that person shall not by reason of the providing of the record or document be liable also to a penalty under this paragraph.".
(2) This Resolution shall come into force on 1st May 2002.
And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
65. Relief from tax (incidental and consequential charges)
Resolved,
That it is expedient to authorise any incidental or consequential charges to any duty or tax (including charges having retrospective effect) that may arise from provisions designed in general to afford relief from taxation.
PROCEDURE (AMOUNTS DEDUCTED FROM PAYMENTS TO SUB-CONTRACTORS)
- That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may include provision authorising sums deducted and paid to the Commissioners of Inland Revenue under section 559 of the Income and Corporation Taxes Act 1988 to be treated as paid in respect of, or on account of, liabilities of the sub-contractor other than liabilities in respect of income tax or corporation tax.
PROCEDURE (R&D TAX CREDITS)
- That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain provision relating to R&D tax credits.
PROCEDURE (TAX CREDIT FOR VACCINE AND MEDICINE RESEARCH)
- That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain provision for allowing tax credits to be paid to companies in respect of research and development expenditure relating to vaccines or medicines.
PROCEDURE (RECOVERY OF TAXES ETC DUE IN OTHER MEMBER STATES)
- That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may include provision to give effect—
(a) to Council Directive 76/308/EEC, as amended by Council Directive 2001/44/EC (the "Mutual Assistance Recovery Directive");
(b) to any Commission Directive laying down detailed rules for implementing the Mutual Assistance Recovery Directive;
(c) to any future amendments of the Mutual Assistance Recovery Directive.
PROCEDURE (FUTURE TAXATION)
- That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain the following provisions taking effect in a future year—
(a) provision about income tax personal allowances for the year 2003-04;
(b) provision for corporation tax to be charged for the financial year 2003;
(c) provision amending section 158 of the Income and Corporation Taxes Act 1988;
- (d) provision amending the Taxation of Chargeable Gains Act 1992 and section 72 of the Finance Act 1991 with respect to claims to set trading losses against chargeable gains;
(e) provision amending the Taxation of Chargeable Gains Act 1992 with respect to cases where chargeable gains are treated as accruing to a person under section 77 or 86 (read, where appropriate, with section 10A) of that Act;
(f) provision for gifts made on or after 6th April 2003 to be treated for the purposes of section 25 of the Finance Act 1990 as made in the year of assessment prior to that in which they are in fact made;
(g) provision about lorry road-user charge.
FINANCE [Money]
That, for the purposes of any Act of the present Session relating to finance ("the Act"), it is expedient to authorise—
(a) the payment out of money provided by Parliament of sums payable by the Secretary of State by virtue of any provisions of the Act relating to vehicle excise and registration;
(b) any increase, attributable to any provisions of the Act relating to Schedule 20 to the Finance Act 2000, in the sums deducted from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of the payment of R&D tax credits;
(c) the deduction of sums from those gross revenues for the purpose of the payment of tax credits in respect of research and development expenditure relating to vaccines or medicines;
(d) the payment out of money provided by Parliament of any expenses of a relevant Minister within the meaning of section 6 of the European Communities Act 1972 resulting from any provisions of the Act relating to the recovery of amounts due in respect of agricultural levies of the European Community;
(e) the payment out of money provided by Parliament of sums required by a Minister of the Crown or government department for preparing for the introduction of lorry road-user charge;
(f) the payment out of the National Loans Fund with recourse to the Consolidated Fund of any expenses of the Treasury attributable to any provision of the Act relating to the administration of Government securities;
(g) any increase in the sums paid out of the National Loans Fund or the Consolidated Fund in accordance with section 16(9) of the National Loans Act 1968.
Bill ordered to be brought in upon the foregoing resolutions: And that the Chairman of Ways and Means, Mr. Chancellor of the Exchequer, Mr. Secretary Prescott, Mr. Secretary Blunkett, Mr. Secretary Darling, Mr. Secretary Byers, Mr. Secretary Milburn, Ms Secretary Hewitt, Mr. Andrew Smith, Dawn Primarolo, Ruth Kelly and Mr. Paul Boateng do prepare and bring it in.
Finance Bill
Mr. Paul Boateng accordingly presented a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance: And the same was read the First time; and ordered to be read a Second time tomorrow, and to be printed [Bill 125]
DEREGULATION
Motion made, and Question put forthwith, pursuant to Standing Order No. 18(1)(a) (Consideration of draft deregulation orders),
- That the draft Deregulation (Correction of Birth and Death Entries in Registers or Other Records) Order 2002, which was laid before this House on 11th March, be approved.—[Mr. Heppell.]
DELEGATED LEGISLATION
Motion made, and Question put forthwith, pursuant to Standing Order No. 118(6) (Standing Committees on Delegated Legislation),
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