Finance Bill (Volume I)
[AS AMENDED IN THE COMMITTEE AND IN PUBLIC BILL COMMITTEE]
The Bill is divided into two volumes. Volume I contains the Clauses and Schedules
1 to 7 to the Bill. Volume II contains Schedules 8 to 46 to the Bill.
Contents
Part 1
Charges, rates, allowances, reliefs etc
Income tax
1
Charge and main rates for 2008-09
2
Personal allowances for those aged 65 and over
3
Abolition of starting and savings rates and creation of starting rate for savings
Corporation tax
4
Charge and main rates for financial year 2009
5
Small companies’ rates and fractions for financial year 2008 etc
Capital gains tax
6
Rate etc
7
Entrepreneurs’ relief
Inheritance tax
8
Transfer of unused nil-rate band etc
Alcohol and tobacco
9
Rates of alcoholic liquor duty
10
Rates of tobacco products duty
Fuel duties
11
Rates and rebates: simplification
12
Biodiesel and bioblend
13
Rates and rebates: increase from 1 October 2008
14
Fuel for aircraft and boats, heating oil and fuel for certain engines
Bill 124 – I
54/3
ii
Environmental taxes and duties
15
Rates of vehicle excise duty
16
Standard rate of landfill tax
17
Rates of climate change levy
18
Rate of aggregates levy
19
Carbon reduction trading scheme: charges for allocations
Gambling duties
20
Rates of gaming duty
21
Amusement machine licence duty
Part 2
Income tax, corporation tax and capital gains tax - general
Residence and domicile
22
Periods of residence
23
Remittance basis
Research and development
24
Rates of R&D relief and vaccine research relief
25
Qualifying expenditure: R&D relief and vaccine research relief
26
Companies in difficulty: SME R&D relief and vaccine research relief
27
Cap on R&D aid
28
Vaccine research relief: declaration about effect of relief
Venture capital schemes etc
29
Enterprise investment scheme: increase in amount of relief
30
Venture capital schemes
31
Enterprise management incentives: qualifying companies
Other business and investment measures
32
Tax credits for certain foreign distributions
33
Small companies’ relief: associated companies
34
Company gains from investment life insurance contracts etc
35
Trade profits: changes in trading stock
36
Non-residents: investment managers
37
Dormant bank and building society accounts
38
Individual investment plan regulations
Offshore funds
39
Tax treatment of participants in offshore funds
40
Regulations under section 39: supplementary
Insurance companies and friendly societies
41
Insurance companies etc
42
Friendly societies
iii
Employment matters
43
Homes outside UK owned through company etc
44
In-work and return to work credits and payments
45
Company cars: lower threshold for CO2 emissions figure
46
Van fuel benefit
47
Employment-related securities etc: deductible amounts etc
48
Employment-related securities: repeal of obsolete provisions
49
Armed forces: the Council Tax Relief
50
Greater London Authority: severance payments
Charities etc
51
Gift aid: payments to charities
52
Community investment tax relief
Leasing
53
Leases of plant or machinery
54
Sale of lessor companies etc
Double taxation arrangements
55
Double taxation relief
56
UK residents and foreign partnerships
57
UK residents and foreign enterprises
Other anti-avoidance provisions
58
Restrictions on trade loss relief for individuals
59
Non-active partners
60
Financial arrangements avoidance
61
Manufactured payments
62
Controlled foreign companies
63
Intangible fixed assets: related parties
64
Repeal of obsolete anti-avoidance provisions
Miscellaneous
65
Income of beneficiaries under settlor-interested settlements
66
Income charged at dividend upper rate
67
Payments on account of income tax
68
Allowances etc for non-resident nationals of an EEA state
Part 3
Capital allowances
Plant and machinery: qualifying expenditure
69
Thermal insulation of buildings
70
Expenditure on required fire precautions
71
Integral features
iv
Plant and machinery: annual investment allowance
72
Annual investment allowance
Plant and machinery: first-year allowances
73
First-year allowance for small and medium-sized enterprises discontinued
74
Repeal of spent first-year allowances
75
Cars with low carbon dioxide emissions
76
Gas refuelling stations
77
First-year tax credits
Plant and machinery: writing-down allowances and pools
78
Main rate of writing down allowance
79
Small pools
80
Special rate expenditure and the special rate pool
81
Existing long-life asset expenditure treated as special rate expenditure
Industrial and agricultural buildings allowances
82
Abolition of allowances from 2011
83
Phasing out of allowances before abolition
84
Qualifying enterprise zone expenditure: transitional provision
85
Phasing out of industrial buildings allowance: anti-avoidance
Supplementary provision
86
Power to make consequential and transitional provision
Anti-avoidance
87
Balancing allowances on transfers of trade
Part 4
Pensions
88
Spreading of relief on indirect contributions
89
Inheritance etc of tax-relieved pension savings
90
Pension schemes: further provision
Part 5
Stamp taxes
Stamp duty land tax
91
Zero-carbon homes
92
Notification and registration of transactions
93
Charge where consideration includes rent: 0% band
94
Withdrawal of group relief
95
Transfers of interests in property-investment partnerships
v
Stamp duty
96
Exemption from ad valorem stamp duty for low value transactions
97
Abolition of fixed stamp duty on certain instruments
98
Gifts inter vivos
99
Loan capital
Part 6
Oil
Petroleum revenue tax
100
Meaning of “participator”
101
Abandonment expenditure: default by participator met by former
participator
102
Abandonment expenditure: deductions from ring fence income
103
Abandonment expenditure: former participator reimbursed by defaulter
104
Returns of relevant sales of oil
105
Elections for oil fields to become non-taxable
106
Capital allowances: plant and machinery for use in ring fence trade
107
Capital allowances: decommissioning expenditure
108
Capital allowances: abandonment expenditure after ceasing ring fence trade
109
Losses: set off against profits of earlier accounting periods
110
Ring fence trade: no deduction for expenses of investment management
Part 7
Administration
Chapter 1
Information etc
New information etc powers
111
Information and inspection powers
112
Computer records etc
Other measures
113
Record-keeping
114
Disclosure of tax avoidance schemes
115
Power to open or unpack containers
Chapter 2
Time limits for claims and assessments etc
General
116
Time limits for assessments, claims etc
vi
Income tax and corporation tax
117
Correction and amendment of tax returns
VAT
118
VAT: time limits for assessments of excess credits etc
119
Old VAT claims: extended time limits
Chapter 3
Penalties
120
Penalties for errors
121
Penalties for failure to notify etc
Chapter 4
Appeals etc
Reviews and appeals etc: general
122
HMRC decisions etc: reviews and appeals
Customs and excise decisions subject to review and appeal
123
Alcoholic liquor duties
124
Security under CEMA 1979
Chapter 5
Payment and enforcement
Taking control of goods etc
125
Enforcement by taking control of goods: England and Wales
126
Summary warrant: Scotland
127
Consequential provision and commencement
Set off
128
Set-off: England and Wales and Northern Ireland
129
No set-off where insolvency procedure has been applied
130
VAT: requirement to set-off
131
Retained funding bonds: tender by Commissioners
132
Interest on unpaid tax in case of disaster etc of national significance
133
Fee for payment
134
County court proceedings
135
Certificates of debt
vii
Supplementary
136
Interpretation of Chapter
Part 8
137
Charge on termination of interest in possession where new interest acquired
138
Interest in possession settlements: extension of transitional period
Insurance premium tax
139
Tax representatives
140
Overseas insurers
Vehicle excise duty
141
Rebates
142
Offence of using or keeping unlicensed vehicle
143
Rates for new lower-emission vans
144
Not exhibiting licence: period of grace
145
Reduced pollution certificates
Climate change levy and landfill tax
146
Climate change levy: coal mine methane no longer to be renewable source
147
Climate change levy accounting documents: abolition of self-identification
148
Landfill tax credit: withdrawing approval of environmental bodies
Aviation
149
Aviation duty
150
Air passenger duty: class of travel with large seat pitch
Alternative finance arrangements
151
Stamp duty and stamp duty reserve tax: alternative finance investment bonds
152
Alternative property finance: anti-avoidance
153
Alternative finance arrangements: power to vary Chapter 5 of Part 2 of FA
2005
154
Government borrowing: alternative finance arrangements
Payments from Exchequer accounts
155
Power of Treasury to make payments
156
Payments from certain Exchequer accounts: mechanism
Other matters
157
Power to give statutory effect to concessions
158
Fuel duty: definition of “ultra low sulphur diesel”
159
Duties: abolition of disregard of fractions of penny