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Public Bill Committee: 6th May 2008                     

47

 

Finance Bill, continued

 
 

(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

 

road haulage operators;

 

    

and the Chancellor of the Exchequer shall by order define “sparsely

 

populated areas” and “road haulage operators” for the purposes of this

 

subsection.

 

(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

 

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

 

Parliamentary Star    

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;


 
 

Public Bill Committee: 6th May 2008                     

48

 

Finance Bill, continued

 
 

(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.’.

 

 

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.

 


 
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