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715 Approval of schemes: regulation by Treasury | |
(1) The Treasury may by regulations prescribe the circumstances in which the | |
Inland Revenue may grant or withdraw approval of any— | |
(a) scheme, | |
(b) kind of scheme, or | 5 |
(c) agent. | |
(2) The circumstances, whether relating to the terms of schemes or the | |
qualifications of agents or otherwise, are to be such as the Treasury think fit. | |
(3) The Treasury may by regulations make provision— | |
(a) requiring a payer or agent who participates (or has at any time | 10 |
participated) in an approved scheme under this Part— | |
(i) to comply, within a prescribed period, with any notice which | |
the Inland Revenue give to the payer or agent to make available | |
for their inspection documents or records of a prescribed kind, | |
(ii) in prescribed circumstances, to furnish to the Inland Revenue | 15 |
prescribed information; | |
(b) for, and in relation to, appeals to the Special Commissioners against the | |
Inland Revenue’s refusal to approve, or their withdrawal of approval | |
from, any— | |
(i) scheme, | 20 |
(ii) kind of scheme, or | |
(iii) agent; | |
(c) generally for giving effect to section 713 and 714. | |
In this subsection “prescribed” means prescribed by the regulations. | |
Part 13 | 25 |
Supplementary provisions | |
Alteration of amounts | |
716 Alteration of amounts by Treasury order | |
(1) The Treasury may by order increase or further increase the sums of money | |
specified in any of the following provisions. | 30 |
(2) They are— | |
(a) section 179(2)(a) (limit on exception for advances for necessary | |
expenses), | |
(b) section 241(3)(a) and (b) (incidental overnight expenses: overall | |
exemption limit), | 35 |
(c) section 264(2) and (3) (annual parties and functions), | |
(d) section 287(1) (limit on exemption under Chapter 7 of Part 4: removal | |
benefits and expenses), | |
(e) section 322(1) and (4) (suggestion awards: “the permitted maximum”), | |
(f) section 323(2) (long service awards), | 40 |
(g) section 324(6) (small gifts from third parties), and | |
(h) section 358(3)(b) (business entertainment and gifts: other exceptions). | |
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(3) An order relating to section 241(3)(a) or (b) may make provision for | |
determining what earnings are treated as received on or after the date when the | |
order comes into force. | |
(4) An order relating to section 287(1) applies to a change of an employee’s | |
residence where the employment change occurs on or after the day specified in | 5 |
the order for the purpose. | |
“The employment change” here has the same meaning as in Chapter 7 of Part | |
4 (see section 275). | |
Orders and regulations | |
717 Orders and regulations made by Treasury or Board | 10 |
(1) Any power of the Treasury or the Board of Inland Revenue to make any order | |
or regulations under this Act is exercisable by statutory instrument. | |
This is subject to subsection (2). | |
(2) Subsection (1) does not apply to the power conferred by section 28(5) (overseas | |
Crown employment: order excepting certain earnings). | 15 |
(3) Any statutory instrument containing any order or regulations made by the | |
Treasury or the Board of Inland Revenue under this Act is subject to annulment | |
in pursuance of a resolution of the House of Commons. | |
This is subject to subsection (4). | |
(4) Subsection (3) does not apply to any statutory instrument made under section | 20 |
343(3) (deduction for professional membership fees: order adding certain fees). | |
Interpretation | |
718 Connected persons | |
Section 839 of ICTA (how to tell whether persons are connected) applies for the | |
purposes of this Act. | 25 |
719 Control in relation to a body corporate | |
Section 840 of ICTA (meaning of control in relation to a body corporate) applies | |
for the purposes of this Act, unless otherwise indicated. | |
720 Meaning of “the Inland Revenue” etc. | |
(1) In this Act “the Inland Revenue” means any officer of the Board of Inland | 30 |
Revenue. | |
(2) In this Act “the Board of Inland Revenue” means the Commissioners of Inland | |
Revenue (as to which, see in particular the Inland Revenue Regulation Act 1890 | |
(c. 21)). | |
(3) Functions conferred on the Board of Inland Revenue by this Act are within | 35 |
section 4A of that Act (functions of Board exercisable by officer acting with | |
their authority). | |
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721 Other definitions | |
(1) In this Act— | |
“cash voucher” has the same meaning as in Chapter 4 of Part 3 (see section | |
75), | |
“credit-token” has the same meaning as in Chapter 4 of Part 3 (see section | 5 |
92), | |
“foreign employer” means— | |
(a) in the case of an employee resident in the United Kingdom, an | |
individual, partnership or body of persons resident outside the | |
United Kingdom and not resident in the United Kingdom or the | 10 |
Republic of Ireland, and | |
(b) in the case of an employee not resident in the United Kingdom, | |
an individual, partnership or body of persons resident outside | |
and not resident in the United Kingdom, | |
“non-cash voucher” has the same meaning as in Chapter 4 of Part 3 (see | 15 |
section 84), | |
“the normal self-assessment filing date”, in relation to a tax year, means | |
the 31st January following the tax year, | |
“personal representatives”, in relation to a person who has died, means— | |
(a) in the United Kingdom, persons responsible for administering | 20 |
the estate of the deceased, and | |
(b) in a country or territory outside the United Kingdom, those | |
persons having functions under its law equivalent to those of | |
administering the estate of the deceased, | |
“tax year” means, in relation to income tax, a year for which any Act | 25 |
provides for income tax to be charged, and | |
“the tax year 2003—04” means the tax year beginning on 6th April 2003 | |
(and any corresponding expression in which two years are similarly | |
mentioned is to be read in the same way). | |
(2) In the application of this Act to Scotland, “assignment” means an assignation. | 30 |
(3) Any reference in this Act to being domiciled in the United Kingdom is to be | |
read as a reference to being domiciled in any part of the United Kingdom. | |
(4) For the purposes of this Act the following are members of a person’s family— | |
(a) the person’s spouse, | |
(b) the person’s children and their spouses, | 35 |
(c) the person’s parents, and | |
(d) the person’s dependants. | |
(5) For the purposes of this Act the following are members of a person’s family or | |
household— | |
(a) members of the person’s family, | 40 |
(b) the person’s domestic staff, and | |
(c) the person’s guests. | |
(6) The following provisions (which relate to the legal equality of illegitimate | |
children) are to be disregarded in interpreting references in this Act to a child | |
or children— | 45 |
(a) section 1 of the Family Law Reform Act 1987 (c. 42); | |
(b) the paragraph inserted in Schedule 1 to the Interpretation Act 1978 (c. | |
30) by paragraph 73 of Schedule 2 to the 1987 Act; | |
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(c) section 1(2) of the Law Reform (Parent and Child) (Scotland) Act 1986 | |
(c. 9); | |
(d) Article 155 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 | |
(N.I. 2)). | |
(7) In the employment income Parts any reference to earnings which is not limited | 5 |
by the context— | |
(a) to earnings within Chapter 1 of Part 3, or | |
(b) to any other particular description of earnings, | |
includes a reference to any amount treated as earnings by any of the provisions | |
mentioned in section 7(5) (meaning of “employment income” etc.). | 10 |
Amendments, repeals, citation etc. | |
722 Consequential amendments | |
Schedule 6 contains consequential amendments. | |
723 Commencement and transitional provisions and savings | |
(1) This Act comes into force on 6th April 2003 and has effect— | 15 |
(a) for the purposes of income tax, for the tax year 2003-04 and subsequent | |
tax years, and | |
(b) for the purposes of corporation tax, for accounting periods ending after | |
5th April 2003. | |
(2) Subsection (1) is subject to Schedule 7, which contains transitional provisions | 20 |
and savings. | |
724 Repeals and revocations | |
(1) The enactments specified in Part 1 of Schedule 8 (which include certain spent | |
provisions) are repealed to the extent specified. | |
(2) The instruments specified in Part 2 of that Schedule are revoked to the extent | 25 |
specified. | |
725 Citation | |
This Act may be cited as the Income Tax (Earnings and Pensions) Act 2003. | |
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