Amendments proposed to the Finance Bill - continued	House of Commons
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Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
David Maclean
Mr David Wilshire

54

Schedule     22,     page     280,     line     22,     at end insert—

    '( )   The following provisions shall have effect where in pursuance of this section a person furnishes to the Inland Revenue particulars of things done or to be done by him, that is to say—

(a)

if the Inland Revenue are of opinion that the particulars, or any further information furnished in pursuance of this paragraph, are not sufficient for the purposes of this section, they shall within 30 days of the receipt thereof notify to that person what further information they require for those purposes, and unless that further information is furnished to the Inland Revenue within 30 days from the notification, or such further time as the Inland Revenue may allow, they shall not be required to proceed further under this section;

(b)

subject to paragraph (a) above, the Inland Revenue shall within 30 days of the receipt of the particulars, or, where that paragraph has effect, of all further information required, notify that person whether or not they are satisfied that the things as described in the particulars were or will be treated as done for genuine commercial purposes;

       and, subject to the following provisions of this section, if the Inland Revenue notify him that they are so satisfied, the things which are the subject of the application shall be deemed to have been done for genuine commercial purposes.

    ( )   If the particulars, and any further information given under this section with respect to any transaction or transactions, are not such as to make full and accurate disclosure of all facts and considerations relating thereto which are material to be known to the Inland Revenue, any clearance given by them under this section shall be void.

    ( )   In no event shall the giving of a clearance under this section with respect to any transaction or transactions prevent this section applying to a person in respect of transactions which include that transaction or all or some of those transactions and also include another transaction or other transactions.'.

   

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

55

Schedule     22,     page     281,     line     14,     at end insert 'For the purposes of this Chapter there is not a non-commercial increase in the value of any employment-related securities if there is any variation in the rights attached to, or the issued number of, any other securities in the company in accordance with the terms of those other securities.'.

   

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

56

Schedule     22,     page     282,     leave out lines 21 to 36 and insert—

    '( )   The relevant period begins on the earliest of:

(a)	the date of the acquisition of the employment-related securities; and

(b)	the 6th April preceding the date on which this Chapter ceases to apply to the employment-related securities.'.

   

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

57

Schedule     22,     page     283,     line     39,     after 'applies', insert 'to an employee who earns more than £8,500, or holds office as a director of a company, during a tax year'.

   

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

10

Schedule     22,     page     284,     line     31,     leave out 'by virtue of holdings of shares of that class'.

   

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

58

Schedule     22,     page     289,     line     16,     leave out 'by virtue of holdings of shares of that class'.

   

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

116

*Schedule     22,     page     295,     line     1,     leave out from 'the' to 'at' and insert 'net amount which the person who acquires the securities might reasonably expect to realise on a disposal of them'.

   

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

59

Schedule     22,     page     295,     line     39,     at end insert—

    '( )   The following provisions shall have effect where in pursuance of this section a person furnishes to the Inland Revenue particulars of things done or to be done by him, that is to say—

(a)

if the Inland Revenue are of opinion that the particulars, or any further information furnished in pursuance of this paragraph, are not sufficient for the purposes of this section, they shall within 30 days of the receipt thereof notify to that person what further information they require for those purposes, and unless that further information is furnished to the Inland Revenue within 30 days from the notification, or such further time as the Inland Revenue may allow, they shall not be required to proceed further under this section;

(b)

subject to paragraph (a) above, the Inland Revenue shall within 30 days of the receipt of the particulars, or, where that paragraph has effect, of all further information required, notify that person whether or not they are satisfied that the things as described in the particulars were or will be treated as done for genuine commercial purposes;

       and, subject to the following provisions of this section, if the Inland Revenue notify him that they are so satisfied, the things which are the subject of the application shall be deemed to have been done for genuine commercial purposes.

    ( )   If the particulars, and any further information given under this section with respect to any transaction or transactions, are not such as to make full and accurate disclosure of all facts and considerations relating thereto which are material to be known to the Inland Revenue, any clearance given by them under this section shall be void.

    ( )   In no event shall the giving of a clearance under this section with respect to any transaction or transactions prevent this section applying to a person in respect of transactions which include that transaction or all or some of those transactions and also include another transaction or other transactions.'.

   

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

117

*Schedule     22,     page     302,     line     20,     leave out from beginning to line 3 on page 303.

   

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

118

*Schedule     22,     page     303,     leave out lines 10 to 13.

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

4

Clause     43,     page     30,     line     7,     leave out from 'provision' to end.

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

5

Schedule     4,     page     155,     line     38,     leave out from beginning to end of line 3 on page 156.

   

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

6

Schedule     4,     page     160,     leave out lines 11 to 13.

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Adam Price
Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams

82

Clause     61,     page     42,     line     26,     at end insert 'National Park Authorities'.

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

7

Schedule     8,     page     179,     line     41,     leave out from beginning to end of line 4 on page 180.

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Adam Price
Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams

119

*Clause     69,     page     47,     line     41,     at end add—

'(f)	The national Museums and Galleries of Wales.'.

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

8

Schedule     15,     page     231,     line     1,     leave out from beginning to end of line 4.

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

63

Clause     125,     page     74,     line     31,     at end add 'or transactions excluded from stamp duty land tax by Part 3 of Schedule 15 to this Act'.

   

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

64

Clause     125,     page     74,     line     34,     at end add 'or which is the subject of a transaction excluded from stamp duty land tax by Part 3 of Schedule 15 to this Act'.

   

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

65

Clause     125,     page     75,     line     11,     leave out from 'instruments' to end of line 13 and insert—

       'if they are executed on or after the implementation date for the purpose of stamp duty land tax (see Schedule 19 to this Act,'.

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

67

Schedule     20,     page     244,     line     4,     at end add—

       'Clearance procedure

    2A(1)   The following provisions shall have effect where in pursuance of this Part of this Schedule a person furnishes to the Inland Revenue particulars of things done or to be done by him (either alone or together with others) to seek confirmation of a just and reasonable apportionment of any consideration, that is to say—

(a)

if the Inland Revenue are of the opinion that the particulars, or any further information furnished in pursuance of this paragraph, are not sufficient for the purposes of Part 1 of this Schedule, they shall within 30 days of the receipt thereof notify to that person what further information they require for those purposes, and unless that further information is furnished to the Inland Revenue within 30 days from the notification, or such further time as the Inland Revenue may allow, they shall not be required to proceed further under this section;

(b)

subject to sub-paragraph (1)(a) above, the Inland Revenue shall within 30 days of the receipt of the particulars, or, where that sub-paragraph has effect, of all further information required, notify that person whether or not they are satisfied that the apportionment proposed is just and reasonable;

       and, subject to the following provisions of this paragraph, if the Inland Revenue notify him that they are so satsified, the apportionment proposed shall be deemed to have been done on a just and reasonable basis.

    (2)   If the particulars, and any further information given under this paragraph with respect to any transaction or transactions, are not such as to make full and accurate dislosure of all facts and considerations relating thereto which are material to be known to the Inland Revenue, any clearance given by them under this paragraph shall be void.

    (3)   In no event shall the giving of a clearance under this paragraph with respect to any transaction or transactions prevent this paragraph applying to a person in respect of transactions which include that transaction or all or some of those transactions and also include another transaction or other transactions.'.

Prepared 13 May 2003