House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5th June 2008
224

Finance Bill, continued

(ca)
those general earnings are (or would be if there were any)

earnings for a tax year in which E is ordinarily resident in

the United Kingdom, and”.’.

New ClauseS

Gifts inter vivos

Jane Kennedy

NC6

To move the following Clause:—

‘(1)
Omit section 82(5) and (9) of FA 1985 (adjudication of certain gifts inter vivos).

(2)
Accordingly, omit paragraph 9 of Schedule 14 to FA 1999.

(3)
The amendments made by this section have effect in relation to instruments

executed on or after 13 March 2008, other than instruments effecting a land

transaction (within the meaning of paragraph 22 of Schedule 32).

(4)
For the purposes of section 14(4) of the Stamp Act 1891 (instruments not to be

given in evidence etc unless stamped in accordance with the law in force at the

time of first execution), the law in force at the time of execution of such an

instrument shall be deemed to be the law as varied in accordance with this

section.’.

Abandonment expenditure: deductions from ring fence income

Jane Kennedy

NC7

To move the following Clause:—

‘(1)
FA 1991 is amended as follows.

(2)
Section 64 (relief for expenditure incurred by a participator in meeting defaulter’s

abandonment expenditure) is amended as follows.

(3)
In subsection (1)(a)—

(a)
omit “(as set out in section 107 of this Act)”, and

(b)
for “sub-paragraph (1)(a)” substitute “sub-paragraph (2)”.

(4)
In subsection (1)(b)—

(a)
for “sub-paragraph (4)” substitute “sub-paragraph (2)”, and

(b)
for “qualifying” substitute “contributing”.

(5)
In subsections (2), (3), (4) and (5) (in each place), for “qualifying” substitute

“contributing”.

(6)
Section 65 (reimbursement by defaulter in respect of certain abandonment

expenditure) is amended as follows.

(7)
In subsection (1)(a)—

(a)
omit “(as set out in section 107 of this Act)”, and

(b)
for “sub-paragraph (1)(a)” substitute “sub-paragraph (2)”.

Public Bill Committee: 5th June 2008
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Finance Bill, continued

(8)
In subsection (1)(b), for “sub-paragraph (4)” substitute “sub-paragraph (2)”.

(9)
In subsections (1) (in each place), (4), (5) (in each place), (6), (7) (in each place)

and (8), for “qualifying” substitute “contributing”.

(10)
The amendments made by this section have effect in relation to expenditure

incurred after 30 June 2008.’.

Small business rates relief

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

John Thurso

NC1

To move the following Clause:—

‘(1)
A small business with a rateable value of less than £25,000 may claim a business

rate allowance.

(2)
The Treasury shall, by regulations, define the level of business rate allowance and

the circumstances in which that allowance may be claimed.

(3)
Regulations under subsection (2) shall be made by statutory instrument.

(4)
A statutory instrument containing regulations under subsection (2) may not be

made unless a draft of it has been laid before and approved by resolution of the

House of Commons.’.

Overpayment of tax credits

Mr Simon Hughes

Mr Jeremy Browne

NC2

To move the following Clause:—

‘If HMRC have overpaid tax credits to any person, they may not reclaim such

overpayments where—

(a)
the amount overpaid is £5,000 or less and the person’s annual income is

less than £10,000, or

(b)
the amount overpaid is £2,500 or less and the person’s annual income is

less than £20,000.’.

Public Bill Committee: 5th June 2008
226

Finance Bill, continued

Exemption for bingo

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

John Thurso

NC3

To move the following Clause:—

‘(1)
Group 4 (betting, gaming and lotteries) of Schedule 9 to the Value Added Tax Act

1994 is amended as follows.

(2)
After Note (5)(e) insert “, or

(f)
bingo which is played pursuant to a bingo operating licence.”.

(3)
After Note (11) insert—

“(12)
In Note (5)(f) “bingo operating licence” means such a licence as is

provided for in section 65(2)(b) of the Gambling Act 2005.”’.

Fuel duty regulator

Mr Stewart Hosie

NC4

To move the following Clause:—

‘In HODA 1979 in section 6 (excise duty on hydrocarbon oil) there is inserted

after subsection (1A)—

“(1AA)
In every Budget Statement and pre-Budget Report the Chancellor of the

Exchequer shall provide his forecast for the price of oil and set out

anticipated yield from fuel duty and VAT on fuel for that price and for a

range of prices up to 50 per cent. above his forecast.

(1AB)
In the 2008 pre-Budget Report the Chancellor of the Exchequer shall

bring forward a mechanism for—

(a)
using additional revenue from VAT on fuel above forecast to

offset fuel duty when the oil price rises above his forecast level;

(b)
providing specific fuel duty reductions targeted at fuel sold in

sparsely populated areas; and

(c)
providing specific fuel duty reductions targeted at fuel sold to

road haulage operators;


and the Chancellor of the Exchequer shall by order define “sparsely

populated areas” and “road haulage operators” for the purposes of this

subsection.

(1AC)
Whenever international oil prices return to the level estimated by the

forecast made in accordance with subsection (1AA), the offset described

in subsection (1AB) (a) to (c) is suspended until the price rises again or

Public Bill Committee: 5th June 2008
227

Finance Bill, continued

the forecast price is amended by the next Budget or pre-Budget

Report.”.’.

Definition of residence

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

NC5

To move the following Clause:—

‘(1)
An individual is resident in the United Kingdom for income tax purposes if—

(a)
during the tax year in question the individual spends (in total) more than

31 days in the United Kingdom; and

(b)
during the three-year period that includes the tax year in question and the

two tax years immediately preceding it the individual has spent (in total)

183 or more days in the United Kingdom, including—

(i)
the total number of days spent in the United Kingdom in the tax

year in question,

(ii)
one-third of the days in the tax year immediately preceding the

tax year referred to in sub-paragraph (i), and

(iii)
one-sixth of the days in the tax year immediately preceding the

tax year referred to in sub-paragraph (ii).

(2)
An individual found to be resident under subsection (1) shall be liable for income

tax on both their UK income and capital gains and any foreign income and capital

gains remitted to the United Kingdom.

(3)
In determining whether an individual fulfils the definition of residence under

subsection (1) treat each day the individual is physically present in the United

Kingdom as a day spent by the individual in the United Kingdom.

(4)
But in determining that issue do not treat as a day spent by the individual in the

United Kingdom any day on which the individual—

(a)
arrives in and departs from the United Kingdom on the same day;

(b)
is present in the United Kingdom for less than 24 hours for transit only;

(c)
is present in the United Kingdom by virtue of being employed as a crew

member of a foreign vessel;

(d)
is unable to leave the United Kingdom on the same day owing to a

medical condition;

(e)
is enrolled in full-time higher education in the United Kingdom;

(f)
is an exempt individual.

(5)
The Treasury shall, by regulations, define an exempt individual.

(6)
Regulations under subsection (5) shall be made by statutory instrument.

(7)
A statutory instrument containing regulations under subsection (5) may not be

made unless a draft of it has been laid before and approved by resolution of the

House of Commons.

(8)
On the coming into force of this section, Chapter 2 of ITA 2007 shall cease to

have effect.’.

Public Bill Committee: 5th June 2008
228

Finance Bill, continued

Order of the House [21st APRIL 2008]

That the following provisions shall apply to the Finance Bill:

1.
Clauses 3, 5, 6, 15, 21, 49, 90 and 117 and new Clauses amending section 74

of the Finance Act 2003 be committed to a Committee of the whole House;

2.
the remainder of the Bill be committed to a Public Bill Committee; and

3.
when the provisions of the Bill considered by the Committee of the whole

House and the Public Bill Committee have been reported to the House, the

Bill be proceeded with as if it had been reported as a whole to the House from

the Public Bill Committee.

Resolution of the Committee [6th May 2008]

That the Committee shall meet—

(a)
on Tuesdays at 10.30 a.m. and 4.30 p.m., and

(b)
on Thursdays at 9.00 a.m. and 1.00 p.m.,

when the House is sitting.

Order of the Committee [6th may 2008]

That the order in which proceedings are taken shall be: Clauses 1 and 2; Schedule 1;

Clause 4; Schedule 2; Clause 7; Schedule 3; Clause 8; Schedule 4; Clauses 9 to 12;

Schedule 5; Clauses 13 and 14; Schedule 6; Clauses 16 to 20; Clause 24; Schedule 8;

Clause 25; Schedule 9; Clause 26; Schedule 10; Clauses 27 to 29; Schedule 11; Clauses

30 and 31; Schedule 12; Clauses 32 and 33; Schedules 13 and 14; Clause 34; Schedule

15; Clause 35; Schedule 16; Clauses 36 to 40; Schedule 17; Clause 41; Schedule 18;

Clauses 42 to 48 and 50; Schedule 19; Clauses 51 and 52; Schedule 20; Clauses 53 to 57;

Schedule 21; Clauses 58 and 59; Schedule 22; Clause 60; Schedule 23; Clauses 61 to 71;

Schedule 24; Clauses 72 to 76; Schedule 25; Clauses 77 to 79; Schedule 26; Clauses 80

and 81; Schedule 27; Clauses 82 to 88; Schedule 28; Clause 89; Schedule 29; Clause 91;

Schedule 30; Clauses 92 to 94; Schedule 31; Clauses 95 and 96; Schedule 32; Clauses 97

to 102; Schedule 33; Clauses 103 and 104; Schedule 34; Clauses 105 and 106; Schedule

35; Clauses 107 and 108; Schedule 36; Clauses 109 and 110; Schedule 37; Clause 111;

Schedule 38; Clauses 112 and 113; Schedule 39; Clauses 114 to 116; Schedule 40; Clause

118; Schedule 41; Clauses 119 and 120; Schedule 42; Clauses 121 to 124; Schedule 43;

Clauses 125 to 132; Schedule 44; Clauses 133 to 139; Schedule 45; Clauses 140 to 151;

Schedule 46; Clauses 152 to 158; Clauses 22 and 23; Schedule 7; new Clauses; new

Schedules; and Clauses 159 and 160.