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| |
| |
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| | “(5) | Where HMRC have specified a portion of a penalty in a notice |
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| | given to an officer under sub-paragraph (1)— |
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| | (a) | paragraph 11 applies to the specified portion as to a |
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| | |
| | (b) | the officer must pay the specified portion before the end of |
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| | the period of 30 days beginning with the day on which the |
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| | |
| | (c) | paragraph 13(2), (3) and (5) apply as if the notice were an |
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| | |
| | (d) | a further notice may be given in respect of a portion of any |
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| | additional amount assessed in a supplementary assessment |
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| | in respect of the penalty under paragraph 13(6), |
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| | (e) | paragraphs 15(1) and (2), 16 and 17(1) to (3) and (6) apply |
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| | as if HMRC had decided that a penalty of the amount of the |
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| | specified portion is payable by the officer, and |
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| | (f) | paragraph 21 applies as if the officer were liable to a |
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| | |
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| Schedule 41, page 406, line 13, leave out ‘decision’ and insert ‘notice’. |
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| | |
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| Schedule 41, page 407, line 33, leave out from ‘company’ to ‘may’ in line 37 and |
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| insert ‘, the officer is liable to pay such portion of the penalty (which may be 100%) as |
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| |
| |
| | |
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| Schedule 41, page 408, line 5, leave out sub-paragraph (5) and insert— |
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| | ‘(5) | Where HMRC have specified a portion of a penalty in a notice given to an |
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| | officer under sub-paragraph (1)— |
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| | (a) | paragraph 14 applies to the specified portion as to a penalty, |
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| | (b) | the officer must pay the specified portion before the end of the period |
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| | of 30 days beginning with the day on which the notice is given, |
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| | (c) | paragraph 16(3) to (5) and (7) apply as if the notice were an |
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| | |
| | (d) | a further notice may be given in respect of a portion of any additional |
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| | amount assessed in a supplementary assessment in respect of the |
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| | penalty under paragraph 16(6), |
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| | (e) | paragraphs 17 to 19 apply as if HMRC had decided that a penalty of |
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| | the amount of the specified portion is payable by the officer, and |
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| |
| |
|
| | (f) | paragraph 23 applies as if the officer were liable to a penalty.’. |
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| Clause 125, page 77, line 36, after ‘Commissioners’, insert ‘or the person |
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| | |
| Clause 125, page 77, line 36, at end insert— |
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| | ‘(2A) | The person concerned may appeal to the First-tier Tribunal against a decision by |
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| | the Commissioners under subsection (2) if that decision can be reasonably shown |
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| | to have had a significant adverse effect on the financial stability of the person |
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| | |
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| | |
| Clause 130, page 83, line 1, leave out from ‘section’ to end of line 2 and add ‘may |
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| not be made unless a draft of the regulations has been laid before, and approved by a |
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| resolution of, the House of Commons.’. |
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| |
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| |
| |
| |
| | |
| Clause 22, page 12, line 4, at end insert— |
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| | ‘(1C) | Subsection (1) does not apply to an individual who is enrolled in a higher |
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| | education institution in the United Kingdom.’. |
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| |
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| | |
| Schedule 7, page 151, line 30, leave out ‘£2,000’ and insert ‘£5,435’. |
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| | |
| Schedule 7, page 151, line 36, leave out ‘£2,000’ and insert ‘£5,435’. |
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| |
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| |
| | |
| Schedule 7, page 152, line 2, at end insert— |
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| | ‘(4) | The Chancellor of the Exchequer shall review, on an annual basis, the amount |
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| | specified under subsection (1)(c). |
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| | (5) | Any review conducted under subsection (4) is subject to approval by resolution |
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| | of the House of Commons.’. |
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| |
| |
| |
| |
| | |
| Schedule 7, page 153, line 19, at end insert ‘(excluding each year the individual |
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| was enrolled in full-time higher education in the UK)’. |
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| |
| |
| |
| |
| | |
| Schedule 7, page 153, line 37, at end insert— |
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| | ‘(6) | Subsection (4) shall not have effect until— |
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| | (a) | the Treasury has laid before the House of Commons a report setting out |
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| | its assessment of the impact of the charge on— |
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| | (i) | foreign nationals in low-paid employment, |
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| | (ii) | small businesses employing foreign nationals, and |
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| | (iii) | higher education institutions; and |
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| | (b) | the report has been approved by resolution of the House of Commons.’. |
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| | |
| To move the following Clause:— |
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| | ‘(1) | Omit section 82(5) and (9) of FA 1985 (adjudication of certain gifts inter vivos). |
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| | (2) | Accordingly, omit paragraph 9 of Schedule 14 to FA 1999. |
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| | (3) | The amendments made by this section have effect in relation to instruments |
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| | executed on or after 13 March 2008, other than instruments effecting a land |
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| | transaction (within the meaning of paragraph 22 of Schedule 32). |
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| | (4) | For the purposes of section 14(4) of the Stamp Act 1891 (instruments not to be |
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| | 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 |
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| | instrument shall be deemed to be the law as varied in accordance with this |
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| | |
| |
| | Abandonment expenditure: deductions from ring fence income |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | FA 1991 is amended as follows. |
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| | (2) | Section 64 (relief for expenditure incurred by a participator in meeting defaulter’s |
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| | abandonment expenditure) is amended as follows. |
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| | (3) | In subsection (1)(a)— |
|
| | (a) | omit “(as set out in section 107 of this Act)”, and |
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| | (b) | for “sub-paragraph (1)(a)” substitute “sub-paragraph (2)”. |
|
| | (4) | In subsection (1)(b)— |
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| | (a) | for “sub-paragraph (4)” substitute “sub-paragraph (2)”, and |
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| | (b) | for “qualifying” substitute “contributing”. |
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| | (5) | In subsections (2), (3), (4) and (5) (in each place), for “qualifying” substitute |
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| | |
| | (6) | Section 65 (reimbursement by defaulter in respect of certain abandonment |
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| | expenditure) is amended as follows. |
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| | (7) | In subsection (1)(a)— |
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| | (a) | omit “(as set out in section 107 of this Act)”, and |
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| | (b) | for “sub-paragraph (1)(a)” substitute “sub-paragraph (2)”. |
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| | (8) | In subsection (1)(b), for “sub-paragraph (4)” substitute “sub-paragraph (2)”. |
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| | (9) | In subsections (1) (in each place), (4), (5) (in each place), (6), (7) (in each place) |
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| | and (8), for “qualifying” substitute “contributing”. |
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| |
| |
|
| | (10) | The amendments made by this section have effect in relation to expenditure |
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| | incurred after 30 June 2008.’. |
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| |
| | Small business rates relief |
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| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A small business with a rateable value of less than £25,000 may claim a business |
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| | |
| | (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 |
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| | |
| |
| | Overpayment of tax credits |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘If HMRC have overpaid tax credits to any person, they may not reclaim such |
|
| | |
| | (a) | the amount overpaid is £5,000 or less and the person’s annual income is |
|
| | |
| | (b) | the amount overpaid is £2,500 or less and the person’s annual income is |
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| | |
| |
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| |
| |
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| | |
| |
| |
| |
| |
| |
| | |
| 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. |
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| | (2) | After Note (5)(e) insert “, or |
|
| | (f) | bingo which is played pursuant to a bingo operating licence.”. |
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| | (3) | After Note (11) insert— |
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| | “(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.”’. |
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| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘In the HODA 1979 (c. 5) 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 |
|
| | |
| | | and the Chancellor of the Exchequer shall by order define “sparsely |
|
| | populated areas” and “road haulage operators” for the purposes of this |
|
| | |
| | (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 |
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|
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| |
| |
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| | the forecast price is amended by the next Budget or pre-Budget |
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| | |
| |
| | |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (8) | On the coming into force of this section, Chapter 2 of ITA 2007 shall cease to |
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| | |
|