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Standing Committee B
Tuesday 5 February 2002
(Afternoon)
[Mr. John McWilliam in the Chair]
Clause 433
Tax
4.30 pm
Question proposed, That the clause stand part of the Bill.
Mr. Dominic Grieve (Beaconsfield) rose—
The Chairman: May I point out to the Committee that the clause is incredibly narrow?
Mr. Grieve: Indeed, Mr. McWilliam. I was simply going to ask whether the clause is necessary. It is extremely oddly worded. It is headed, ''Tax'', and says:
Schedule 7 contains provisions about tax.
I do not understand why clause 433 has to tell us that.
The Parliamentary Under-Secretary of State for the Home Department (Mr. Bob Ainsworth): I understand that that is necessary because there cannot be a schedule without a clause to introduce it. Given the contents of the schedule, the clause could hardly be shorter, and I cannot understand how the hon. Gentleman could object to it.
Mr. Grieve: I was not objecting to the clause itself. It is so short that I thought I should say something about it before we move on to other matters.
Question put and agreed to.
Clause 433 ordered to stand part of the Bill.
Schedule 7
Tax
Mr. Ainsworth: I beg to move amendment No. 650, in page 267, line 12, leave out from '203' to end of line 15 on page 269 and insert—
'(d) an interim receiver appointed under section 251;
(e) an interim administrator appointed under section 259.
Part 2
Provisions relating to Part 5
Introductory
2 (1) The vesting of property in the trustee for civil recovery or any other person by a recovery order is referred to as a Part 5 transfer.
(2) The person who holds the property immediately before the vesting is referred to as the transferor; and the person in whom the property is vested is referred to as the transferee.
(3) Any amount paid in respect of the transfer by the trustee for civil recovery, or another, to a person who holds the property immediately before the vesting is referred to (in relation to that person) as a compensating payment.
(4) If the recovery order provides for the creation of any interest in favour of a person who holds the property immediately before the vesting, he is to be treated instead as receiving (in addition to any payment referred to in sub-paragraph (3)) a compensating payment of an amount equal to the value of the interest.
(5) Where the property belongs to joint tenants immediately before the vesting and a compensating payment is made to one or
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more (but not both or all) of the joint tenants, this Part has effect separately in relation to each joint tenant.
(6) Expressions used in this paragraph have the same meaning as in Part 5 of this Act.
(7) ''The Taxes Act 1988'' means the Income and Corporation Taxes Act 1988 (c. 1), and ''the Allowances Act 2001'' means the Capital Allowances Act 2001 (c. 2).
(8) This paragraph applies for the purposes of this Part.
Capital Gains Tax
3 (1) If a gain attributable to a Part 5 transfer accrues to the transferor, it is not a chargeable gain.
(2) But if a compensating payment is made to the transferor—
(a) sub-paragraph (1) does not apply, and
(b) the consideration for the transfer is the amount of the compensating payment.
(3) If a gain attributable to the forfeiture under section 297 of property consisting of
(a) notes or coins in any currency other than sterling,
(b) anything mentioned in section 288(6)(b) to (d), if expressed in any currency other than sterling, or
(c) bearer bonds or bearer shares,
accrues to the person who holds the property immediately before the forfeiture, it is not a chargeable gain.
(4) This paragraph has effect as if it were included in Chapter 1 of Part 2 of the Taxation of Chargeable Gains Act 1992 (c.12).
Income Tax and Corporation Tax
Accrued income scheme
4 If a Part 5 transfer is a transfer of securities within the meaning of sections 711 to 728 of the Taxes Act 1988 (transfers with or without accrued interest), sections 713(2) and (3) and 716 of that Act do not apply to the transfer.
Discounted securities
5 In the case of a Part 5 transfer of property consisting of a relevant discounted security (within the meaning of Schedule 13 to the Finance Act 1996 (c.8)), it is not to be treated as a transfer for the purposes of that Schedule.
Rights to receive amounts stated in certificates of deposit etc.
6 In the case of a Part 5 transfer of property consisting of a right to which section 56(2) of the Taxes Act 1988 applies, or a right mentioned in section 56A(1) of that Act (rights stated in certificates of deposit etc.), it is not to be treated as a disposal of the right for the purposes of section 56(2) of that Act.
Non-qualifying offshore funds
7 In the case of a Part 5 transfer of property consisting of an asset mentioned in section 757(1)(a) or (b) of the Taxes Act 1988 (interests in non-qualifying offshore funds etc.), it is not to be treated as a disposal for the purposes of that section.
Futures and options
8 In the case of a Part 5 transfer of property consisting of futures or options (within the meaning of paragraph 4 of Schedule 5AA to the Taxes Act 1988), it is not to be treated as a disposal of the futures or options for the purposes of that Schedule.
Loan relationships
9 (1) Sub-paragraph (2) applies if, apart from this paragraph, a Part 5 transfer would be a related transaction for the purposes of section 84 of the Finance Act 1996 (c.8) (debits and credits brought into account for the purpose of taxing loan relationships under Chapter 2 of Part 4 of that Act).
(2) The Part 5 transfer is to be disregarded for the purposes of that Chapter, except for the purpose of identifying any person in whose case any debit or credit not relating to the transaction is to be brought into account.
Exception from paragraphs 4 to 9
10 Paragraphs 4 to 9 do not apply if a compensating payment is made to the transferor.
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Trading stock
11 (1) Sub-paragraph (2) applies, in the case of a Part 5 transfer of property consisting of the trading stock of a trade, for the purpose of computing any profits of the trade for tax purposes.
(2) If, because of the transfer, the trading stock is to be treated for that purpose as if it had been sold in the course of the trade, the amount realised on the sale is to be treated for that purpose as equal to its acquisition cost.
(3) Sub-paragraph (2) has effect in spite of anything in section 100 of the Taxes Act 1988 (valuation of trading stock at discontinuance).
(4) In this paragraph, trading stock and trade have the same meaning as in that section.
Capital Allowances
Plant and machinery
12 (1) If there is a Part 5 transfer of plant or machinery, Part 2 of the Allowances Act 2001 is to have effect as if a transferor who has incurred qualifying expenditure were required to bring the disposal value of the plant or machinery into account in accordance with section 61 of that Act for the chargeable period in which the transfer occurs.
(2) But the Part 5 transfer is not to be treated as a disposal event for the purposes of Part 2 of that Act other than by virtue of sub-paragraph (1).
13 (1) If a compensating payment is made to the transferor, the disposal value to be brought into account is the amount of the payment
(2) Otherwise, the disposal value to be brought into account is the amount which would give rise neither to a balancing allowance nor to a balancing charge.
14 (1) Paragraph 13(2) does not apply if the qualifying expenditure has been allocated to the main pool or a class pool.
(2) Instead, the disposal value to be brought into account is the notional written-down value of the qualifying expenditure incurred by the transferor on the provision of the plant or machinery.
(3) The notional written-down value is—
QE–A
where—
QE is the qualifying expenditure incurred by the transferor on the provision of the plant or machinery,
A is the total of all allowances which could have been made to the transferor in respect of the expenditure if—
(a) that expenditure had been the only expenditure that had ever been taken into account in determining his available qualifying expenditure, and
(b) all allowances had been made in full.
(4) But if—
(a) the Part 5 transfer of the plant or machinery occurs in the same chargeable period as that in which the qualifying expenditure is incurred, and
(b) a first-year allowance is made in respect of an amount of the expenditure,
the disposal value to be brought into account is that which is equal to the balance left after deducting the first year allowance.
15 (1) Paragraph 13 does not apply if—
(a) a qualifying activity is carried on in partnership,
(b) the Part 5 transfer is a transfer of plant or machinery which is partnership property, and
(c) compensating payments are made to one or more, but not both or all, of the partners.
(2) Instead, the disposal value to be brought into account is the sum of—
(a) any compensating payments made to any of the partners, and
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(b) in the case of each partner to whom a compensating payment has not been made, his share of the tax-neutral amount.
(3) A partner's share of the tax-neutral amount is to be determined according to the profit-sharing arrangements for the twelve months ending immediately before the date of the Part 5 transfer.
16 (1) Paragraph 13 does not apply if—
(a) a qualifying activity is carried on in partnership,
(b) the Part 5 transfer is a transfer of plant or machinery which is not partnership property but is owned by two or more of the partners (''the owners''),
(c) the plant or machinery is used for the purposes of the qualifying activity, and
(d) compensating payments are made to one or more, but not both or all, of the owners.
(2) Instead, the disposal value to be brought into account is the sum of—
(a) any compensating payments made to any of the owners, and
(b) in the case of each owner to whom a compensating payment has not been made, his share of the tax-neutral amount.
(3) An owner's share of the tax-neutral amount is to be determined in proportion to the value of his interest in the plant or machinery.
17 (1) Paragraphs 12 to 16 have effect as if they were included in section 61 of the Allowances Act 2001.
(2) In paragraphs 15 and 16, the tax-neutral amount is the amount that would be brought into account as the disposal value under paragraph 13(2) or (as the case may be) 14 if the provision in question were not disapplied.
Industrial buildings
18 (1) If there is a Part 5 transfer of a relevant interest in an industrial building, Part 3 of the Allowances Act 2001 is to have effect as if the transfer were a balancing event within section 315(1) of that Act.
(2) But the Part 5 transfer is not to be treated as a balancing event for the purposes of Part 3 of that Act other than by virtue of sub-paragraph (1).
19 (1) If a compensating payment is made to the transferor, the proceeds from the balancing event are the amount of the payment.
(2) Otherwise—
(a) the proceeds from the balancing event are the amount which is equal to the residue of qualifying expenditure immediately before the transfer, and
(b) no balancing adjustment is to be made as a result of the event under section 319 of the Allowances Act 2001.
20 (1) Paragraph 19 does not apply to determine the proceeds from the balancing event if—
(a) the relevant interest in the industrial building is partnership property, and
(b) compensating payments are made to one or more, but not both or all, of the partners.
(2) Instead, the proceeds from the balancing event is the sum of—
(a) any compensating payments made to any of the partners, and
(b) in the case of each partner to whom a compensating payment has not been made, his share of the amount which is equal to the residue of qualifying expenditure immediately before the Part 5 transfer.
(3) A partner's share of that amount is to be determined according to the profit-sharing arrangements for the twelve months ending immediately before the date of the Part 5 transfer.
21 Paragraphs 18 to 20 have effect as if they were included in Part 3 of the Allowances Act 2001.
Flat conversion
22 (1) If there is a Part 5 transfer of a relevant interest in a flat, Part 4A of the Allowances Act 2001 is to have effect as if the transfer were a balancing event within section 393N of that Act.
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(2) But the Part 5 transfer is not to be treated as a balancing event for the purposes of Part 4A of that Act other than by virtue of sub-paragraph (1).
23 (1) If a compensating payment is made to the transferor, the proceeds from the balancing event are the amount of the payment.
(2) Otherwise, the proceeds from the balancing event are the amount which is equal to the residue of qualifying expenditure immediately before the transfer.
24 (1) Paragraph 23 does not apply to determine the proceeds from the balancing event if—
(a) the relevant interest in the flat is partnership property, and
(b) compensating payments are made to one or more, but not both or all, of the partners.
(2) Instead, the proceeds from the balancing event are the sum of—
(a) any compensating payments made to any of the partners, and
(b) in the case of each partner to whom a compensating payment has not been made, his share of the amount which is equal to the residue of qualifying expenditure immediately before the transfer.
(3) A partner's share of that amount is to be determined according to the profit-sharing arrangements for the twelve months ending immediately before the date of the transfer.
25 Paragraphs 22 to 24 have effect as if they were included in Part 4A of the Allowances Act 2001.
Research and development
26 If there is a Part 5 transfer of an asset representing qualifying expenditure incurred by a person, the disposal value he is required to bring into account under section 443(1) of the Allowances Act 2001 for any chargeable period is to be determined as follows (and not in accordance with subsection (4) of that section).
27 (1) If a compensating payment is made to the transferor, the disposal value he is required to bring into account is the amount of the payment.
(2) Otherwise, the disposal value he is required to bring into account is nil.
28 (1) Paragraph 27 does not apply to determine the disposal value to be brought into account if—
(a) the asset is partnership property, and
(b) compensating payments are made to one or more, but not both or all, of the partners.
(2) Instead, the disposal value to be brought into account is equal to the sum of any compensating payments.
29 Paragraphs 26 to 28 have effect as if they were included in Part 6 of the Allowances Act 2001.
Employee etc. Share Schemes
Share options
30 Section 135(6) of the Taxes Act 1988 (gains by directors and employees) does not make any person chargeable to tax in respect of any gain realised by the trustee for civil recovery.
Conditional acquisition of shares
31 Section 140A(4) of the Taxes Act 1988 (disposal etc. of shares) does not make the transferor chargeable to income tax in respect of a Part 5 transfer of shares or an interest in shares.
Shares acquired at an undervalue
32 Section 162(5) of the Taxes Act 1988 (employee shareholdings) does not make the transferor chargeable to income tax in respect of a Part 5 transfer of shares.
Shares in dependent subsidiaries
33 Section 79 of the Finance Act 1988 (c.39) (charge on increase in value of shares) does not make the transferor chargeable to income tax in respect of a Part 5 transfer of shares or an interest in shares.'.
The amendment would replace part 2 of schedule 7 with a new part 2 that contains revised provisions. It would not make a fundamental change to the underlying principle of that part of the schedule. The
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amended version merely sets out the provisions in more detail and clarifies the operation of the schedule.
Part 2 of the schedule provides for the changes that are necessary to the tax rules to prevent a charge to income tax, capital gains tax or corporation tax arising on the transferor when assets vest in the trustee for civil recovery, or in another person, under part 5 of the Bill.
The provisions are, by nature, technical tax points. Generally, the provisions in part 2 of the schedule would apply when property vests in a trustee under civil recovery proceedings or is forfeited under clause 297. Without these special provisions, such vesting or forfeiture would count for capital gains purposes as disposal at market value, and any resulting gains would be chargeable. Income tax charges may also arise instead of a capital gains charge on the disposal of certain assets.
It would be inappropriate for tax to be charged in that way. It is intended that recovery or forfeiture will recover the full amount of the proceeds of unlawful conduct, and nothing would be left with the transferor to cover any extra charge as tax. However, if property owned in part by a third party is recovered or forfeited, normal tax rules will apply to any compensating payment made to them under clause 272.
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