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| | (1AB) | In the 2008 pre-Budget Report the Chancellor of the Exchequer shall |
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| | bring forward a mechanism for— |
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| | (a) | using additional revenue from VAT on fuel above forecast to |
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| | offset fuel duty when the oil price rises above his forecast level; |
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| | (b) | providing specific fuel duty reductions targeted at fuel sold in |
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| | sparsely populated areas; and |
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| | (c) | providing specific fuel duty reductions targeted at fuel sold to |
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| | | and the Chancellor of the Exchequer shall by order define “sparsely |
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| | populated areas” and “road haulage operators” for the purposes of this |
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| | (1AC) | Whenever international oil prices return to the level estimated by the |
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| | forecast made in accordance with subsection (1AA), the offset described |
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| | in subsection (1AB) (a) to (c) is suspended until the price rises again or |
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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:— |
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| | ‘(1) | An individual is resident in the United Kingdom for income tax purposes if— |
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| | (a) | during the tax year in question the individual spends (in total) more than |
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| | 31 days in the United Kingdom; and |
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| | (b) | during the three-year period that includes the tax year in question and the |
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| | two tax years immediately preceding it the individual has spent (in total) |
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| | 183 or more days in the United Kingdom, including— |
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| | (i) | the total number of days spent in the United Kingdom in the tax |
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| | (ii) | one-third of the days in the tax year immediately preceding the |
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| | tax year referred to in sub-paragraph (i), and |
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| | (iii) | one-sixth of the days in the tax year immediately preceding the |
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| | tax year referred to in sub-paragraph (ii). |
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| | (2) | An individual found to be resident under subsection (1) shall be liable for income |
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| | tax on both their UK income and capital gains and any foreign income and capital |
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| | gains remitted to the United Kingdom. |
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| | (3) | In determining whether an individual fulfils the definition of residence under |
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| | subsection (1) treat each day the individual is physically present in the United |
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| | Kingdom as a day spent by the individual in the United Kingdom. |
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| | (4) | But in determining that issue do not treat as a day spent by the individual in the |
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| | United Kingdom any day on which the individual— |
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| | (a) | arrives in and departs from the United Kingdom on the same day; |
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| | (b) | is present in the United Kingdom for less than 24 hours for transit only; |
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| | (c) | is present in the United Kingdom by virtue of being employed as a crew |
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| | member of a foreign vessel; |
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| | (d) | is unable to leave the United Kingdom on the same day owing to a |
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| | (e) | is enrolled in full-time higher education in the United Kingdom; |
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| | (f) | is an exempt individual. |
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| | (5) | The Treasury shall, by regulations, define an exempt individual. |
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| | (6) | Regulations under subsection (5) shall be made by statutory instrument. |
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| | (7) | A statutory instrument containing regulations under subsection (5) may not be |
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| | made unless a draft of it has been laid before and approved by resolution of the |
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| | (8) | On the coming into force of this section, Chapter 2 of ITA 2007 shall cease to |
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| | Order of the House [21st APRIL 2008] |
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| | That the following provisions shall apply to the Finance Bill:
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| | 1. | Clauses 3, 5, 6, 15, 21, 49, 90 and 117 and new Clauses amending section 74 |
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| | of the Finance Act 2003 be committed to a Committee of the whole House; |
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| | 2. | the remainder of the Bill be committed to a Public Bill Committee; and |
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| | 3. | when the provisions of the Bill considered by the Committee of the whole |
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| | House and the Public Bill Committee have been reported to the House, the |
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| | Bill be proceeded with as if it had been reported as a whole to the House from |
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| | the Public Bill Committee. |
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