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| (except Clauses 1, 3, 7, 8, 12, 20, 21, 25, 67 and 81 to 84, Schedules 1, 18, 22 and 23, and
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| New Clauses relating to Microgeneration)
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| [eleventh and twelfth SITTINGs]
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| Clause 65, page 42, line 35, at end insert— |
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| | ‘(4) | An appeal shall lie to the Special Commissioners against a refusal to allow |
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| | making an election at a date after the relevant filing date and the Special |
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| | Commissioners shall allow such an appeal where the refusal to permit a late |
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| | election was unreasonable.’. |
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| Schedule 19, page 228, line 9, leave out from ‘arrangement’ to end of line 11. |
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| Schedule 19, page 228, line 43, leave out from ‘paid’ to end of line 2 on page 229 |
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| and insert ‘in respect of members of schemes whose deaths occur on or after 6th April |
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| | Schedule, as amended, Agreed to. |
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| Schedule 20, page 232, line 25, leave out paragraph 9 and insert— |
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| | ‘9 | In section 166(2)(a) (when person becomes entitled to pension commencement |
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| | lump sum), after “paid” insert “(or, if the person dies before becoming entitled |
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| | to the pension in connection with which it was anticipated it would be paid, |
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| | immediately before death)”. |
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| | 9A | In section 219(7) (multiple benefit crystallisation events occuring by reason of |
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| | payment of lump sum death benefits treated as occurring immediately before |
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| | death), insert at the end “but immediately after any benefit crystallisation event |
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| | occurring immediately before the individual’s death by virtue of section |
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| | 9B (1) | Schedule 29 (authorised lump sums) is amended as follows. |
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| | (2) | In paragraph 1(1) (conditions to be met if lump sum is to be pension |
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| | (a) | for paragraph (a) substitute— |
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| | “(a) | the member becomes entitled to it before reaching |
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| | (aa) | the member becomes entitled to it in connection |
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| | with becoming entitled to a relevant pension (or |
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| | dies after becoming entitled to it but before |
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| | becoming entitled to the relevant pension in |
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| | connection with which it was anticipated that the |
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| | member would become entitled to it)”, |
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| | (b) | in paragraph (c), for “of three months beginning with” substitute |
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| | “beginning six months before, and ending one year after,”, and |
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| | (c) | omit paragraph (e) (but not including the “and” at the end). |
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| | (3) | In paragraph 2 (“permitted maximum”), after sub-paragraph (5) insert— |
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| | “(5A) | But if the member dies before becoming entitled to the relevant |
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| | pension in connection with which it was anticipated that the |
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| | member would become entitled to the lump sum, the permitted |
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| | maximum is the available portion of the member’s lump sum |
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| Schedule 20, page 238, line 27, after ‘9’ insert ‘to 9B’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 70, page 44, line 7, leave out from ‘a’ to ‘the’ in line 9 and insert ‘pre- |
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| ordained series of transactions is carried out in connection with the disposal and |
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| acquisition, and it is undertaken in pursuance of a scheme or arrangement the only or main |
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| purpose of which is the avoidance or reduction of Stamp Duty Land Tax payable on the |
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| acquisition by P or to secure or increase a repayment of Stamp Duty Land Tax in relation |
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| Clause 70, page 44, line 13, leave out ‘its disposal by V’ and insert ‘the disposal |
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| referred to in subsection (a) above’. |
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| | Negatived on division 214 |
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| Clause 70, page 44, line 13, at end insert— |
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| | ‘(1A) | Transactions taking place more than three years before the acquisition of a |
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| | property by P shall be disregarded for the purposes of subsection (1).’. |
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| Clause 70, page 44, line 40, leave out ‘the largest amount (or aggregate amount)’. |
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| Clause 70, page 44, line 42, after ‘(a)’, insert ‘the largest amount’. |
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| Clause 70, page 44, line 44, after ‘(b)’, insert ‘the aggregate amount’. |
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| Clause 70, page 45, line 7, at end insert— |
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| | ‘(c) | the exercise of a statutory right of enfranchisement, extension or |
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| | enlargement of a leasehold interest.’. |
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| Clause 70, page 45, line 20, leave out ‘(but subject to subsection (2))’. |
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| Clause 70, page 45, line 29, at end insert— |
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| | (a) | paragraph (a) is subject to subsection (2)(a) to (c), |
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| | (b) | paragraph (b) is subject to subsection (2)(a) and (c), and |
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| | (c) | paragraph (c) is subject to subsection (2)(a) to (c).’. |
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| Clause 70, page 45, line 31, at end insert— |
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| | ‘(5) | In this section a reference to the transfer of a chargeable interest from V to P |
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| | includes a reference to a disposal by V of an interest acquired by P.’. |
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| Clause 70, page 46, line 1, leave out ‘and 75’ and insert ‘75, and Schedule 7, Part |
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| Clause 70, page 46, line 2, at end insert— |
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| | ‘(4A) | In the application of section 75A(5) an amount given or received partly in respect |
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| | of the chargeable interest acquired by P and partly in respect of another |
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| | chargeable interest shall be subjected to just and reasonable apportionment.’. |
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| Clause 70, page 46, line 7, after first ‘a’ insert ‘property-investment’. |
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| Clause 70, page 46, line 7, after ‘partnership’ insert ‘(within the meaning of |
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| paragraph 14 of Schedule 15)’. |
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| Clause 70, page 46, line 21, at end insert ‘and may make provision with |
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| Clause 70, page 46, line 25, after ‘But’ insert— |
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| Clause 70, page 46, line 28, at end insert— |
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| | (b) | a provision of new section 75C (inserted by subsection (1) above) shall |
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| | not have effect where the disposal mentioned in new section 75A(1)(a) |
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| | took place before the day on which this Act is passed, if or in so far as the |
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| | provision would make a person liable for a higher amount of tax than |
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| | would have been charged in accordance with those regulations.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 71, page 47, line 9, leave out ‘sub-paragraph (1)(b),’ and insert ‘sub- |
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| paragraphs (1)(b) and (4),’. |
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| Clause 71, page 48, line 26, at end insert— |
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| | ‘(13A) | But the amendments made by subsections (6) and (10) do not have effect in |
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| | respect of anything done in respect of a property-investment partnership |
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| | established before the day on which this Act is passed if— |
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| | (a) | the partnership does not acquire a chargeable interest on or after that day, |
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| | (b) | stamp duty land tax was paid in respect of each chargeable interest |
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| | acquired before that day, by reference to chargeable consideration of not |
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| | less than the market value.’. |
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| Clause 71, page 48, line 30, leave out ‘and’ and insert ‘to’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 21, page 239, line 13, at end insert ‘and’. |
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| Schedule 21, page 239, line 16, leave out from ‘Commissioners’ to end of line 18. |
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| Schedule 21, page 239, line 33, at end insert ‘and’. |
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| Schedule 21, page 239, leave out lines 35 to 37. |
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| Schedule 21, page 240, line 12, at end insert ‘and’. |
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| Schedule 21, page 240, leave out lines 14 to 16. |
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| Schedule 21, page 240, line 45, at end insert ‘and’. |
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| Schedule 21, page 240, leave out lines 47 to 49. |
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| Schedule 21, page 241, line 43, after second ‘time’ insert ‘is a member State or any |
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| other State which at that time’. |
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| Schedule 21, page 242, line 18, at end insert ‘and’. |
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| Schedule 21, page 242, line 22, leave out from ‘(“the Commissioners”)’ to end of |
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| Schedule 21, page 242, line 37, at end insert ‘and’. |
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| Schedule 21, page 242, line 39, leave out from ‘market’ to end of line 41. |
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| Schedule 21, page 243, line 11, at end insert ‘and’. |
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| Schedule 21, page 243, line 13, leave out from ‘market’ to end of line 15. |
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| Schedule 21, page 243, line 42, at end insert ‘and’. |
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| Schedule 21, page 243, line 44, leave out from ‘market’ to end of line 46. |
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| Schedule 21, page 244, line 41, after second ‘time’ insert ‘is a member State or any |
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| other State which at that time’. |
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| | Schedule, as amended, Agreed to. |
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| | Clause 73 to 80 Agreed to. |
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| | Clause 85 and 86 Agreed to. |
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| Clause 87, page 61, line 8, at end insert ‘or within a reasonable time thereafter |
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| when an electronic return cannot be delivered by reason of the failure or non availability |
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| of an official computer system as defined in Regulation 189 of the Income Tax (Pay as |
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| You Earn) Regulations 2003’. |
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| Clause 87, page 61, line 8, at end insert— |
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| | ‘(c) | on or before 31st January for a non-electronic return, if submitted by a |
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| | person who is registered blind.’ |
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