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| | (Except Clauses 3, 5, 6, 15, 21, 49, 90 and 117
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| | and new Clauses amending section 74 of the Finance Act 2003)
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| | [Nineteenth and Twentieth sittings]
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| | Schedule 38, page 383, line 31, at end add— |
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| | | ‘Amendment of Tax Avoidance Schemes (Information) Regulations 2004 |
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| | | (8) | The Tax Avoidance Schemes (Information) Regulations 2004 (S.I. 2004/1864) |
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| | | shall be amended by adding after regulation 8(10) the words “and if the |
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| | | accounting period or year of assessment in which the reference number is |
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| | | received differs from the accounting period or year of assessment in which the |
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| | | first transaction forming part of the arrangements is entered into, then the |
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| | | reporting requirement in this regulation shall relate to the later of those two |
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| | | periods (unless a tax advantage arises in an earlier period in which case the |
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| | | reporting shall be in that earlier period).”’. |
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| | | Schedule, as amended, Agreed to. |
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| | Clause 113, page 70, line 25, leave out ‘may’. |
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| | Clause 113, page 70, line 25, after ‘provision’, insert ‘under which the |
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| | amendments can take effect only in relation to claims and assessments for a fiscal year |
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| | starting after the date in which the order is made’. |
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| | Clause 113, page 70, line 25, at end add— |
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| | | ‘(4) | No order may be made under subsection (2) in respect of the amendment made |
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| | | by paragraph 12 of Schedule 39 unless— |
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| | | (a) | the Commissioners of Her Majesty’s Revenue and Customs have laid a |
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| | | report before the House of Commons — |
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| | | (i) | demonstrating that they can identify all individuals who have |
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| | | overpaid income tax in previous years, and |
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| | | (ii) | stating what arrangements they will make to refund them the tax |
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| | | (b) | the House of Commons has by resolution approved those arrangements.’. |
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| | Schedule 39, page 384, line 9, at end insert ‘except that for claims relating to tax |
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| | years up to and including 2007/08 the reference to “4 years” shall be “6 years”.’. |
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| | Schedule 39, page 384, line 30, after ‘a’, insert ‘deliberate’. |
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| | Schedule 39, page 384, line 33, after ‘has’, insert ‘deliberately’. |
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| | Schedule 39, page 385, line 21, leave out paragraph 12. |
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| | Schedule 39, page 385, line 37, leave out from ‘discovers’ to ‘that’ in line 38 and |
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| | insert ‘within four years of that information having been provided’. |
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| | Schedule 39, page 385, line 38, after ‘later’, insert ‘during the period within which |
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| | it is possible for an assessment to be raised to recover the tax lost’. |
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| | Schedule 39, page 386, line 21, after ‘500(4)’, insert ‘and (9)’. |
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| | Schedule 39, page 386, line 31, at end insert— |
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| | | 26A | In section 65(6) of FA 1991 (additional assessment to corporation tax on |
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| | | receipt of reimbursement expenditure), for “six years” substitute “4 years”.’. |
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| | Schedule 39, page 389, line 34, at end insert— |
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| | | ‘51A | In section 840A(1) (claims for relief for backdated pensions charged on arising |
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| | | basis) (inserted by Schedule 7 to this Act), for “on or before the fifth |
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| | | anniversary of the normal self-assessment filing date for” substitute “not more |
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| | | than 4 years after the end of”.’. |
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| | Schedule 39, page 391, line 8, at end insert— |
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| | | ‘65 | This Schedule has effect in relation to claims made on or after 6 April 2009.’. |
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| | | Schedule, as amended, Agreed to. |
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| | Clause 114, page 71, line 39, at end insert— |
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| | | ‘( ) | In paragraph 61(1)(a) and (3)(a) (consequential claims etc), for “34(2)(b)” |
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| | | ( ) | In paragraph 88 (conclusiveness of amounts stated in return)— |
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| | | (a) | in sub-paragraph (3)(b), omit the words from “and” to the end, |
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| | | (b) | in sub-paragraph (3)(c), for “34(2)” substitute “34”, |
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| | | (c) | in sub-paragraph (4)(b), for “the end of the period specified in paragraph |
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| | | 34(1)” substitute “the completion of the enquiry”, and |
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| | | (d) | in sub-paragraph (4)(c), for “34(2)” substitute “34”. |
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| | | ( ) | In paragraph 93(1)(b) (general jurisdiction of Special or General |
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| | | Commissioners), for “34(2)” substitute “34”. |
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| | | ( ) | In the following provisions, for “34(2)” substitute “34”— |
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| | | (i) | section 46B(2)(aa) (questions to be determined by Special |
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| | | (ii) | section 46C(2)(b) (jurisdiction of Special Commissioners over |
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| | | certain claims included in returns), |
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| | | (iii) | section 46D(2)(aa) (questions to be determined by Land |
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| | | (iv) | section 55(1)(a)(ii) (recovery of tax not postponed), and |
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| | | (b) | in ICTA, section 754(2E) (assessment, recovery and postponement of |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 115 and 116 Agreed to. |
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| | Schedule 40, page 393, line 17, after ‘T’, insert ‘deliberately’. |
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| | Schedule 40, page 393, line 17, after ‘T’, insert ‘knowingly’. |
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| | Schedule 40, page 394, line 16, at end insert— |
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| | | ‘(A2) | For this purpose a person shall be deemed to have disclosed an inaccuracy if he |
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| | | corrects the inaccuracy in accordance with regulation 34(3) of the Value Added |
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| | | Tax Regulations 1995 provided that if requested to do so he subsequently gave |
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| | | HMRC the help and access referred to in sub-paragraph (1)’. |
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| | Schedule 40, page 395, line 23, at end insert— |
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| | | ‘15A (1) | Paragraph 19 (companies: officers’ liability) is amended as follows. |
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| | | (2) | In sub-paragraph (1), for the words from “of the company” to “as they” |
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| | | substitute “of the company, the officer is liable to pay such portion of the |
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| | | penalty (which may be 100%) as HMRC”. |
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| | | (3) | For sub-paragraph (5) substitute— |
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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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| | | Schedule, as amended, Agreed to. |
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| | Schedule 41, page 404, line 32, after ‘failure,’, insert ‘or (if later) within one month |
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| | after the time when the person first becomes aware of the failure,’. |
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| | | Negatived on division 304 |
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| | Schedule 41, page 406, line 11, at end insert— |
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| | | 16A(1) | HMRC may suspend all or part of a penalty under paragraph 1 for an act or |
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| | | failure that is neither deliberate nor concealed by notice in writing to P. |
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| | | (2) | A notice must specify— |
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| | | (a) | what part of the penalty is to be suspended; |
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| | | (b) | a period of suspension not exceeding two years; and |
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| | | (c) | conditions of suspension to be complied with by P. |
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| | | (3) | HMRC may suspend all or part of a penalty only if compliance with a |
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| | | condition of suspension would help P to avoid becoming liable to further |
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| | | (a) | paragraph 1 for any act or failure that is neither deliberate nor |
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| | | (b) | paragraph 1 of Schedule 24 to the Finance Act 2007 for careless |
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| | | (4) | A condition of suspension may specify— |
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| | | (a) | action to be taken, and |
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| | | (b) | a period within which it must be taken. |
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| | | (5) | On the expiry of the period of suspension— |
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| | | (a) | if P satisfies HMRC that the conditions of suspension have been |
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| | | complied with, the suspended penalty or part is cancelled, and |
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| | | (b) | otherwise, the suspended penalty or part becomes payable. |
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| | | (6) | If, during the period of suspension of all or part of a penalty under paragraph |
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| | | 1, P becomes liable for any other penalty, the suspended penalty or part |
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| | Schedule 41, page 406, line 13, leave out ‘decision’ and insert ‘notice’. |
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| | Schedule 41, page 406, line 13, leave out ‘decision of HMRC’ and insert ‘notice |
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| | under sub-paragraph (1)(b) of paragraph 16’. |
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| | Schedule 41, page 406, line 14, leave out ‘decision of HMRC’ and insert ‘notice |
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| | under sub-paragraph (1)(b) of paragraph 16’. |
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| | Schedule 41, page 406, line 38, at end insert ‘, and in particular where the taxpayer |
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| | satisfies HMRC or on appeal the First-tier Tribunal that at the time of the failure he did |
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| | not have access to, and could not afford, professional advice.’. |
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| | Schedule 41, page 407, line 33, leave out from ‘company’ to second ‘may’ in line |
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| | 37 and insert ‘, the officer is liable to pay such portion of the penalty (which may be |
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| | Schedule 41, page 407, line 37, at end insert ‘and in pursuing the officer, HMRC |
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| | shall have regard to the proportion of the penalty that in all the circumstances is just and |
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| | reasonable to allocate to the officer.’. |
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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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| | | Schedule, as amended, Agreed to. |
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| | | Clauses 119 and 120 Agreed to. |
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