Vote Bundle Text (930513-02)

Amendments proposed to the Finance Bill - continued	House of Commons

back to previous text

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Schedule 2, page 149, line 26, leave out 'Records' to end of line 27 and insert 'under sub-paragraph (3) above must be made available electronically'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Schedule 2, page 152, line 45, at end insert 'see regulation 190 of the Value Added Tax Regulations 1995'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

125

*Clause 26, page 22, line 3, leave out subsection (3)

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

123

*Clause 34, page 26, line 23, leave out 'given' and insert 'issued by the taxpayer'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

124

*Clause 34, page 26, line 26, leave out 'given' and insert 'issued by the Commissioners.'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

131

*Clause 35, page 27, line 13, leave out 'confirmed the decision' and insert 'varied the decision as requested by the applicant'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

132

*Clause 35, page 27, line 15, leave out from 'which' to end of line 18 and insert—

'—

(a)	the notice requiring a review issued by the person or his representative in accordance with section 33 is received by the Commissioners, or

(b)	the review is agreed to by the Commissioners as mentioned in section 34(4).'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

120

*Clause 36, page 27, line 25, leave out '(including any confirmation under section 35(4))'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

*Clause 147, page 85, line 29, leave out 'business of the company' and insert 'company's trade'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

100

*Clause 147, page 85, line 32, leave out 'do business' and insert 'engage in trading activities'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

101

*Clause 147, page 85, line 33, at end insert '(1A) For the purposes of subsection (1)(b) an agent can only be a person who has authority to and does not enter into arrangements on behalf of that person's principal which are contractually binding on that principal.'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 147, page 85, line 44, leave out paragraph (h) and insert—

'(2A) A building site or construction or installation project constitutes a permanent establishment only if it lasts more than twelve months.'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 149, page 89, line 15, at end insert—

'(3A) Where the UK representative of a non-resident company is a person separate from that company it shall be entitled—

(a)	to be indemnified in respect of any liability that it discharges as mentioned in subsection (3)(a) above; and

(b)	to retain, out of any sums otherwise due from it to the non-resident company, or received by it on behalf of the non-resident company, amounts sufficient for meeting any obligations or liabilities that he has under subsection (1) above or has discharged as mentioned in subsection (3)(a) above.

(3B) The obligations relating to the furnishing of information which are imposed by this section on the UK representative in a case where that representative is an independent agent shall not require that representative to do anything except so far as it is practicable for the representative to do so by acting to the best of his knowledge and belief after having taken all reasonable steps to obtain the necessary information.

(3C) Subsection (3A) above shall not have the effect of discharging the non-resident company from any obligation to furnish information in a case where that obligation has been discharged by its UK representative by virtue only of subsection (3A) above.'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 149, page 89, line 34, at end insert—

'"independent agent", in relation to a non-resident company, means any person who is the non-resident company's UK representative in respect of any agency from the non-resident company in which he was acting on the non-resident's behalf in an independent capacity; and a person shall not be regarded as acting in an independent capacity on behalf of a non-resident company unless, having regard to its legal, financial and commercial characteristics, the relationship between them is a relationship between persons carrying on independent businesses that deal with each other at arm's length;'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 150, page 90, leave out lines 5 to 7.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

92A

Schedule 26, page 344, leave out lines 36 to 38 and insert—

'(c) either—

(i)	the remuneration he receives in respect of the transaction for the provision of the services of a broker to the non-resident company is not less than is customary for that class of business; or

(ii)	he acts on behalf of the non-resident company in relation to the transaction in an independent capacity; and'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Schedule 26, page 345, leave out lines 12 and 13 and insert—

'(c) either—

(i)	the remuneration he receives in respect of the transaction for the provision to the non-resident company of investment management services is not less than is customary for that class of business; or

(ii)	he acts on behalf of the non-resident company in relation to the transaction in an independent capacity; and'.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Schedule 26, page 345, leave out lines 15 to 17.

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Page 92, line 16, leave out Clause 155.

Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 163, page 106, line 9, at beginning insert 'or would' after the bracket.

Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 163, page 106, line 11, leave out subsection (2) and insert—

'(2) If, as a result of a tax avoidance scheme, the amount to be brought into account as the proceeds from the event is less than it would otherwise have been, the amount of any balancing allowance to which the taxpayer would otherwise be entitled shall be equal to the amount that (but for the provisions of this section) it would have been if the tax avoidance scheme had not been implemented.'.

Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 163, page 106, line 17, after 'to', insert 'reduce or'.

Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

Clause 163, page 106, line 19, at end insert 'in full'.

Mr Paul Boateng

Schedule 30, page 360, line 37, at end insert—

'(2) In section 46(5) for "or 45E" substitute ", 45E or 45H".'.

Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
David Maclean
Mr David Wilshire

Schedule 21, page 246, line 4, leave out from 'participants' to end of line 6 and insert 'identifying by name and national insurance number those participants who have participated in the approved SIP and the awards made to them.'.

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

103

*Schedule 21, page 246, line 4, after 'participated', insert 'in the same tax year'.