Public Bill Committee: 13th May 2008

87

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: 13th May 2008

88

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.

Public Bill Committee: 13th May 2008

89

Finance Bill, continued

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Mr Philip Hammond

Mr Mark Hoban

Justine Greening

Mr David Gauke

58

Clause  9,  page  4,  line  41,  at end insert—

‘(7)	The Treasury must, not later than Budget Day 2009, lay before the House

revenue-neutral proposals for—

(a)	decreased rates of duty on beer of a strength not exceeding 2.5 per cent.

and cider of strength not exceeding 3.0 per cent.;

(b)	increased rates of duty on beer of a strength exceeding 5.9 per cent. and

cider of a strength exceeding 5.5 per cent.; and

(c)	a new category of duty on spirit-based ready-to-drinks, at a rate higher

than the duty on spirits.

(8)	For the purposes of subsection (7), “spirit-based ready-to-drinks” means—

(a)	spirits of any description which are of a strength exceeding 1.2 per cent.

but not exceeding 5.5 per cent.,

(b)	any such mixture, compound or preparation made with spirits as is of a

strength exceeding 1.2 per cent. but not exceeding 5.5 per cent., or

(c)	liquors contained, with any spirits, in any mixture which is of a strength

exceeding 1.2 per cent. but not exceeding 5.5 per cent.,

but does not include methylated spirits.’.

---

Revised 13 May 2008