House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10th June 2008
268

Finance Bill, continued

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

287

Clause  126,  page  78,  line  31,  leave out ‘that’ and insert ‘a’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

288

Clause  126,  page  78,  line  32,  at end insert ‘or a post-insolvency debit against a pre-

insolvency credit’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

199

Clause  130,  page  83,  line  1,  leave out from ‘section’ to end of line 2 and add ‘may

not be made unless a draft of the regulations has been laid before, and approved by a

resolution of, the House of Commons.’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

289

Clause  132,  page  83,  line  36,  at end insert ‘in the absence of evidence to the

contrary’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

290

Clause  132,  page  83,  line  38,  leave out from ‘enactment’ to end of line 39.

Justine Greening

351


Clause  138,  page  86,  line  37,  leave out ‘electronic’.

Public Bill Committee: 10th June 2008
269

Finance Bill, continued

Jane Kennedy

313


Schedule  45,  page  416,  line  29,  leave out ‘the dwelling’ and insert ‘it’.

Justine Greening

352


Schedule  45,  page  416,  line  34,  at the end insert—

‘(c)
any place which is not within the curtilage of a dwelling house and

is—

(i)
privately owned, and

(ii)
used for the purposes of keeping a vehicle subject to private

arrangement.’.

Jane Kennedy

314


Schedule  45,  page  417,  line  12,  leave out ‘is so produced’.

Jane Kennedy

315


Schedule  45,  page  417,  line  41,  at end insert—

  ‘(2A)
In sub-paragraph (2), after “direction, may” insert “enter the place and”.’.

Justine Greening

353


Clause  145,  page  89,  line  21,  leave out from ‘substitute’ to end of line 23 and insert

‘the withdrawal of approval of—

(i)
an environmental body by the regulatory body;

(ii)
the regulatory body by the Commissioners; and

(iii)
an environmental body by the Commissioners on an occasion

when the Commissioners have assessed that serious non-

compliance has occurred on the part of an environmental body.’.

Jane Kennedy

309


Clause  148,  page  90,  line  41,  leave out ‘and (7B)’ and insert ‘, (7B) and (13)’.

Jane Kennedy

310


Clause  148,  page  90,  line  42,  leave out first ‘a right to’.

Jane Kennedy

311


Clause  148,  page  90,  line  42,  leave out second ‘a right to’.

Public Bill Committee: 10th June 2008
270

Finance Bill, continued

Jane Kennedy

312


Clause  148,  page  90,  line  44,  at end insert—

‘(c)
subsections (7B) and (13) also have effect as if—

(i)
references to a capital market investment were references to the

loan capital falling within paragraph (d) of section 78(7), and

(ii)
references to a capital market arrangement were to the

arrangements under which that loan capital is raised.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

47

Clause  22,  page  12,  line  4,  at end insert—

‘(1C)
Subsection (1) does not apply to an individual who is enrolled in a higher

education institution in the United Kingdom.’.

Jane Kennedy

339


Schedule  7,  page  151,  leave out lines 20 to 28 and insert—

‘(3)
Sections 42 and 43 of TMA 1970 (procedure and time limit for making

claims), except section 42(1A) of that Act, apply in relation to a claim

under this section as they apply in relation to a claim for relief.

809BA
Claim for remittance basis by long-term UK resident: nomination of

foreign income and gains to which section 809G(2) is to apply

(1)
This section applies to an individual for a tax year if the individual—

(a)
is aged 18 or over in that year, and

(b)
has been UK resident in at least 7 of the 9 tax years

immediately preceding that year.

(2)
A claim under section 809B by the individual for that year must

contain a nomination of the income or chargeable gains of the

individual for that year to which section 809G(2) is to apply.

(3)
The income or chargeable gains nominated must be part (or all) of the

individual’s foreign income and gains for that year.

(4)
The income and chargeable gains nominated must be such that the

relevant tax increase does not exceed £30,000.

(5)
“The relevant tax increase” is—

(a)
the total amount of income tax and capital gains tax payable

by the individual for that year, minus

(b)
the total amount of income tax and capital gains tax that would

be payable by the individual for that year apart from section

809G(2).

Public Bill Committee: 10th June 2008
271

Finance Bill, continued

(6)
See section 809Z for the meaning of an individual’s foreign income

and gains for a tax year.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

49

Schedule  7,  page  151,  line  30,  leave out ‘£2,000’ and insert ‘£5,435’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

50

Schedule  7,  page  151,  line  36,  leave out ‘£2,000’ and insert ‘£5,435’.

Jane Kennedy

340


Schedule  7,  page  152,  leave out lines 1 and 2.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

51

Schedule  7,  page  152,  line  2,  at end insert—

‘(4)
The Chancellor of the Exchequer shall review, on an annual basis, the amount

specified under subsection (1)(c).

(5)
Any review conducted under subsection (4) is subject to approval by resolution

of the House of Commons.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

48

Schedule  7,  page  153,  line  19,  at end insert ‘(excluding each year the individual

was enrolled in full-time higher education in the UK)’.

Jane Kennedy

341


Schedule  7,  page  153,  line  25,  leave out ‘809B(3)’ and insert ‘809BA’.

Jane Kennedy

342


Schedule  7,  page  153,  leave out lines 27 to 31 and insert—

‘(4)
If the relevant tax increase would otherwise be less than £30,000, subsection (2)

has effect as if—

(a)
in addition to the income and gains actually nominated under section

809BA in the individual’s claim under section 809B for the relevant tax

year, an amount of income had been nominated so as to make the relevant

tax increase equal to £30,000, and

Public Bill Committee: 10th June 2008
272

Finance Bill, continued

(b)
the individual’s income for that year were such that such a nomination

could have been made (if that is not the case).’.

Jane Kennedy

343


Schedule  7,  page  153,  line  37,  at end insert—

‘(6)
Nothing in subsection (4) affects what is regarded, for the purposes of

section 809H or 809I, as nominated under section 809BA.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

52

Schedule  7,  page  153,  line  37,  at end insert—

‘(6)
Subsection (4) shall not have effect until—

(a)
the Treasury has laid before the House of Commons a report setting out

its assessment of the impact of the charge on—

(i)
foreign nationals in low-paid employment,

(ii)
small businesses employing foreign nationals, and

(iii)
higher education institutions; and

(b)
the report has been approved by resolution of the House of Commons.’.

Jane Kennedy

344


Schedule  7,  page  154,  line  9,  leave out ‘809B(3)’ and insert ‘809BA’.

Jane Kennedy

345


Schedule  7,  page  154,  line  17,  at beginning insert ‘If section 809H applies,’.

Jane Kennedy

346


Schedule  7,  page  154,  line  29,  after ‘year’ insert ‘(other than income or chargeable

gains nominated under section 809BA)’.

Jane Kennedy

347


Schedule  7,  page  155,  line  34,  leave out ‘809B(3)’ and insert ‘809BA’.

Jane Kennedy

354


Schedule  7,  page  164,  line  12,  at end insert—

‘809SA
  Consideration for certain services

(1)
This section applies to income or chargeable gains if—

(a)
the income or gains would (but for subsection (2)) be taken to

be remitted to the United Kingdom because conditions A and

B in section 809K are met,

Public Bill Committee: 10th June 2008
273

Finance Bill, continued

(b)
condition A in section 809K is met because a service is

provided in the United Kingdom (“the relevant UK service”),

and

(c)
condition B in section 809K is met because section

809K(3)(a) or (b) applies to the consideration for the relevant

UK service (“the relevant consideration”).

(2)
The income or chargeable gains are to be treated as not remitted to the

United Kingdom if the following conditions are met.

(3)
Condition A is that the relevant UK service relates wholly or mainly

to property situated outside the United Kingdom.

(4)
Condition B is that the whole of the relevant consideration is given by

way of one or more payments to one or more bank accounts held

outside the United Kingdom by or on behalf of the person who

provides the relevant UK service.

(5)
Sections 275 to 275C of TCGA 1992 (location of assets) apply for the

purposes of subsection (3) as they apply for the purposes of TCGA

1992.’.

Jane Kennedy

355


Schedule  7,  page  164,  line  19,  leave out from ‘rule’ to end of line 28 and insert

‘(see sections 809V and 809VA).

(4)
Clothing, footwear, jewellery and watches that derive from relevant

foreign income are exempt property if they meet the personal use rule

(see section 809VB).

(5)
Property of any description that derives from relevant foreign income

is exempt property if—

(a)
the property meets the repair rule (see section 809VC),

(b)
the property meets the temporary importation rule (see section

809W), or

(c)
the notional remitted amount (see section 809X) is less than

£1,000.’.

Jane Kennedy

356


Schedule  7,  page  165,  line  5,  leave out from beginning to end of line 11 on page

167 and insert—

‘809V
Public access rule: general

(1)
Property meets the public access rule if conditions A to D are met.

(2)
Condition A is that the property is—

(a)
a work of art,

(b)
a collectors’ item, or

(c)
an antique,


within the meaning of Council Directive 2006/112/EC (see, in

particular, Annex IX to that Directive).

(3)
Condition B is that—

Public Bill Committee: 10th June 2008
274

Finance Bill, continued

(a)
the property is available for public access at an approved

establishment,

(b)
the property is to be available for public access at an approved

establishment and, in connection with its being so available, is

in transit to, or in storage at, public access rule premises, or

(c)
the property has been available for public access at an

approved establishment and, in connection with its having

been so available, is in transit from, or in storage at, public

access rule premises.

(4)
Property is “available for public access” at an approved establishment

if the property is—

(a)
on public display at the establishment,

(b)
held by the establishment and made available to the public on

request for viewing or for educational use, or

(c)
held by the establishment for public exhibition in connection

with the sale of the property.

(5)
An “approved establishment” is—

(a)
an approved museum, gallery or other institution within the

meaning of Group 9 of Schedule 2 to the Value Added Tax

(Imported Goods) Relief Order 1984, or

(b)
any other person, premises or institution designated (or of a

description designated) by the Commissioners.

(6)
“Public access rule premises” are—

(a)
premises in the United Kingdom at which the property is to

be, or has been, available for public access, or

(b)
other commercial premises in the United Kingdom used by

the approved establishment for the storage of property in

advance of its being, or after its having been, available for

public access at the approved establishment.

(7)
Condition C is that, during the relevant period, the property meets

condition B for no more than—

(a)
two years, or

(b)
such longer period as the Commissioners may specify.

(8)
“The relevant period” means the period—

(a)
beginning with the importation of the property, and

(b)
ending when it ceases to be in the United Kingdom after that

importation.

(9)
“Importation” means the property being brought to, or received or

used in, the United Kingdom in circumstances in which section

809K(2)(a) applies.

(10)
Condition D is that the property attracts a relevant VAT relief (see

section 809VA).

809VA
Public access rule: relevant VAT relief

(1)
Property “attracts a relevant VAT relief” if any of conditions 1 to 4 are

met.

(2)
Condition 1 is that article 5(1) of the Value Added Tax (Imported

Goods) Relief Order 1984 applies in relation to the importation of the