House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 3rd June 2008
180

Finance Bill, continued

Jane Kennedy

153

Clause  93,  page  55,  line  36,  at end insert ‘(but see sub-paragraph (6A))’.

Jane Kennedy

154

Clause  93,  page  56,  line  3,  at end insert—

  ‘(6A)
Sub-paragraph (4) does not apply where—

(a)
there is a change in the control of the purchaser because a loan creditor

(within the meaning of section 417(7) to (9) of the Taxes Act 1988)

obtains control of, or ceases to control, the purchaser, and

(b)
the other persons who controlled the purchaser before that change

continue to do so.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

187

Clause  93,  page  56,  leave out lines 4 to 6.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

159

Clause  93,  page  56,  line  6,  at end insert—

‘(8)
The provisions of sub-paragraph (4) shall not apply unless, at the effective date

of the transaction, there are arrangements in existence by virtue of which, at that

time or some later time, a person has or could obtain, or any persons together have

or could obtain, control of the purchaser but not of the vendor.’.

Jane Kennedy

155

Clause  93,  page  56,  line  7,  leave out ‘4A(1)’ and insert ‘4A’.

Jane Kennedy

156

Clause  93,  page  56,  line  8,  after ‘transactions),’, insert ‘—

(a)
in sub-paragraph (1),’.

Jane Kennedy

157

Clause  93,  page  56,  line  9,  at end insert—

‘(b)
after that sub-paragraph insert—

“(1A)
Sub-paragraph (1) has effect subject to sub-paragraph (3A).”,

(c)
in sub-paragraph (3)—

(i)
for “sub-paragraph (1)(a)” substitute “this paragraph”, and

(ii)
for “this sub-paragraph” substitute “this paragraph”, and

(d)
after sub-paragraph (3) insert—

“(3A)
Sub-paragraph (1) does not apply where—

Public Bill Committee: 3rd June 2008
181

Finance Bill, continued

(a)
there is a change in the control of the purchaser

because a loan creditor (within the meaning of section

417(7) to (9) of the Taxes Act 1988) obtains control

of, or ceases to control, the purchaser, and

(b)
the other persons who controlled the purchaser before

that change continue to do so.”’.

Jane Kennedy

158

Clause  93,  page  56,  line  12,  leave out from ‘2008’ to end of line 19.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

189

Clause  108,  page  68,  line  8,  at end insert—

‘(1A)
The Chancellor of the Exchequer shall bring forward legislation to provide for

any transitional provisions required in connection with Schedule 36.

(1B)
That Schedule shall not come into force until the requirement under subsection

(1A) has been fulfilled.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

188

Clause  108,  page  68,  line  11,  leave out subsection (3).

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

162

Schedule  36,  page  352,  line  6,  after ‘An’, insert ‘authorised’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

163

Schedule  36,  page  352,  line  14,  after ‘An’, insert ‘authorised’.

Public Bill Committee: 3rd June 2008
182

Finance Bill, continued

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

164

Schedule  36,  page  352,  line  18,  after ‘is’, insert ‘in that person’s possession and’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

244


Schedule  36,  page  352,  line  40,  leave out ‘has’ and insert ‘and the taxpayer have’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

245


Schedule  36,  page  353,  line  1,  after ‘opportunity’, insert ‘to produce the

information or document and’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

246


Schedule  36,  page  353,  line  3,  leave out ‘a summary of’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

247


Schedule  36,  page  353,  line  15,  at end insert—

‘(6)
No notice shall be given by the First-tier Tribunal unless the person to whom the

notice is addressed and the taxpayer have been given notice of a hearing at which

the Tribunal is to consider the issue of the notice and have been given an

opportunity to attend the hearing and make representations.’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

248


Schedule  36,  page  354,  line  13,  leave out ‘may’ and insert ‘must’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

249


Schedule  36,  page  354,  line  22,  at end insert ‘(such period to be at least 30 days)’.

Public Bill Committee: 3rd June 2008
183

Finance Bill, continued

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

250


Schedule  36,  page  354,  line  30,  after ‘solely’, insert ‘or substantially’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

251


Schedule  36,  page  355,  line  4,  after ‘period’, insert ‘(such period to be at least 30

days)’.

Jane Kennedy

219


Schedule  36,  page  355,  line  12,  leave out ‘any’ and insert ‘a person’s’.

Jane Kennedy

220


Schedule  36,  page  355,  line  17,  leave out third ‘the’ and insert ‘that person’s’.

Jane Kennedy

221


Schedule  36,  page  355,  line  18,  leave out ‘of any person’ and insert—

    ‘()
The powers under this paragraph do not include power to enter or inspect any

part of the premises that is used solely as a dwelling.

      ()
In this Schedule—

“business assets” means assets that an officer of Revenue and Customs has

reason to believe are owned, leased or used in connection with the

carrying on of a business by any person, excluding documents,

“business documents” means documents (or copies of documents)—

(a)
that relate to the carrying on of a business by any person, and

(b)
that form part of any person’s statutory records, and

“business premises”, in relation to a person, means premises (or any part of

premises) that an officer of Revenue and Customs has reason to believe

are (or is) used in connection with the carrying on of a business by or on

behalf of the person.

Power to inspect premises used in connection with taxable supplies etc

10A(1)
This paragraph applies where an officer of Revenue and Customs has reason

to believe that—

(a)
premises are used in connection with the supply of goods under

taxable supplies and goods to be so supplied are on those premises,

(b)
premises are used in connection with the acquisition of goods from

other member States under taxable acquisitions and goods to be so

acquired are on those premises, or

(c)
premises are used as a fiscal warehouse.

      (2)
An officer of Revenue and Customs may enter the premises and inspect—

(a)
the premises,

(b)
any goods that are on the premises, and

Public Bill Committee: 3rd June 2008
184

Finance Bill, continued

(c)
any documents on the premises that appear to the officer to relate to

such goods.

      (3)
The powers under this paragraph do not include power to enter or inspect any

part of the premises that is used solely as a dwelling.

      (4)
Terms used both in sub-paragraph (1) and in VATA 1994 have the same

meaning in that sub-paragraph as they have in that Act.

Carrying out inspections

10B’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

165

Schedule  36,  page  355,  line  18,  at end insert—

  ‘(1A)
For the purpose of this paragraph an inspection does not include the searching

of premises or any personal effects.’.

Jane Kennedy

222


Schedule  36,  page  355,  line  19,  leave out from ‘this’ to end of line 22 and insert

‘Part of this Schedule may be carried out only—

(a)
at a time agreed to by the occupier of the premises, or

(b)
if sub-paragraph (3) is satisfied, at any reasonable time.

      (3)
This sub-paragraph is satisfied if—

(a)
the occupier of the premises has been given at least 7 days’ notice of

the time of the inspection’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

166

Schedule  36,  page  355,  line  22,  leave out ‘24’and insert ‘72’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

167

Schedule  36,  page  355,  line  24,  leave out from first ‘the’ to end of line 25 and insert

‘approval of the First-tier Tribunal has been obtained under paragraph 11.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

168

Schedule  36,  page  355,  line  32,  leave out from ‘person’ to end of line 34.

Public Bill Committee: 3rd June 2008
185

Finance Bill, continued

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

169

Schedule  36,  page  355,  line  35,  leave out from ‘state’ to end of line 36 and insert—

‘(a)
the rights of the occupier of the premises that are to be searched, and

(b)
the rights of any person to whom paragraph 10(1) may apply.’.

Jane Kennedy

223


Schedule  36,  page  355,  line  40,  leave out from beginning to end of line 10 on page

356.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

252


Schedule  36,  page  356,  line  3,  after ‘records’, insert ‘so far as they relate to the

business’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

253


Schedule  36,  page  356,  line  5,  at end insert ‘wholly or mainly’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

254


Schedule  36,  page  356,  line  6,  after ‘business’, insert ‘, or from which a business is

substantially carried on’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

170

Schedule  36,  page  356,  line  36,  leave out from ‘(b)’ to ‘a’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

171

Schedule  36,  page  356,  line  39,  at end insert—

  ‘(2A)
A taxpayer to whom a third party notice relates may also request a copy of the

document, and an officer of revenue and Customs must comply with such a

request without charge.’.

Public Bill Committee: 3rd June 2008
186

Finance Bill, continued

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

172

Schedule  36,  page  357,  line  3,  at end insert ‘and any consequential losses

suffered.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

173

Schedule  36,  page  357,  line  39,  leave out from first ‘notice’ to end of line 40.

Jane Kennedy

224


Schedule  36,  page  358,  line  10,  at end insert ‘in relation to the chargeable period’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

255


Schedule  36,  page  358,  line  40,  leave out ‘6’ and insert ‘4’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

256


Schedule  36,  page  358,  line  41,  at end insert—

‘20A
An information notice given for the purpose of checking the tax position of a

company that has ceased to exist may not be given more than 6 years after the

company ceased to exist.’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

257


Schedule  36,  page  359,  line  3,  after ‘which’, insert ‘(a)’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

258


Schedule  36,  page  359,  line  6,  at end insert ‘or

(b)
such a claim could have been maintained if the information or document

had been obtained in the course of correspondence between a lawyer and

a client’.