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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Finance Bill, as amended, in the Committee and the Public Bill |
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| | | Amendment of Provisional Collection of Taxes Act 1968 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Provisional Collection of Taxes Act 1968 (c. 2) is amended as follows. |
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| | | (2) | In subsection (4)(b), for the words “Standing Committee” there are substituted |
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| | | the words “Public Bill Committee”.’. |
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| | | Principles of good practice for retrospective taxation legislation |
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| | To move the following Clause:— |
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| | | ‘(1) | A Minister in charge of a Bill [in either House of Parliament] must, before Second |
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| | | (a) | make a statement to the effect that, in his view, any retrospective taxation |
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| | | provisions of the Bill are compatible with either of the relevant principles |
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| | | of good practice (“a statement of compatibility”); or |
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| | | (b) | make a statement to the effect that, although he is unable to make a |
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| | | statement of compatibility, the government nonetheless wishes the |
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| | | House to proceed with the Bill. |
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| | | (2) | A statement under subsection (1) must be in writing and be published in such a |
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| | | manner as the Minister making it considers appropriate. |
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| | | (3) | In this section, “retrospective taxation provisions” means provisions which— |
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| | | (i) | introduce any new tax, levy, impost or duty, or increase the rate or extend |
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| | | the incidence of any existing tax, levy, impost or duty; and |
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| | | (ii) | take effect on a date earlier than the date on which the relevant enactment |
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| | | (4) | For the purpose of subsection (3) it is immaterial whether a Minister gives notice, |
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| | | whether in Parliament or otherwise, of his intention to introduce a retrospective |
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| | | taxation provision which takes effect on a date after the giving of that notice. |
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| | | (5) | In subsection (3)(i) “extend the incidence of any existing tax, levy, impost or |
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| | | duty” includes the removal or attenuation of any relevant relief or drawback. |
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| | | (6) | In subsection (3)(ii) “take effect” includes the creation of a liability or obligation |
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| | | to account for any increased charge to tax resulting from a provision of the kind |
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| | | mentioned in subsection (3)(i), whether or not the date on which the increased |
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| | | charge falls due for payment precedes the date on which the relevant enactment |
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| | | is expressed to enter into force; and in this subsection “account for” includes any |
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| | | decision by a company or business undertaking to absorb or pass on in the form |
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| | | of higher customer prices or charges the additional costs to that company or |
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| | | business undertaking arising from the increased charge to tax. |
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| | | (7) | “The relevant principles of good practice” mentioned in subsection (1) are— |
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| | | (i) | that it appears, whether as a result of a judgment given by a court or |
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| | | otherwise, that some part of the law relating to taxation no longer |
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| | | conforms to the reasonable expectations about its effect previously held |
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| | | by taxation practitioners and that it is necessary to restore the position |
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| | | retrospectively in order to protect the interests of the general body of |
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| | | (ii) | that HMRC becomes aware of a new tax avoidance scheme and it is |
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| | | necessary, in order to prevent a significant loss of tax revenue, to amend |
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| | | (8) | In subsection (7) “taxation practitioners” includes the Treasury, HMRC, the |
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| | | accountancy profession, professional tax advisers and groups representing the |
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| | | interests of taxpayers; and “tax avoidance scheme” has the meaning given in the |
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| | | Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations |
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| | | 2004 or the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) |
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| | | (9) | A taxation provision introduced under the Provisional Collection of Taxes Act |
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| | | 1968 is not to be treated as having retrospective effect for the purposes of this |
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| | | section unless the date on which the relevant resolution of the House of Commons |
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| | | under either section 1 or section 5 of that Act is expressed to take effect is a date |
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| | | earlier than the date on which the resolution under section 1 or, as the case may |
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