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(2) The amendment made by paragraph (1) has effect in relation to cases where the application for the amusement machine licence is received by the Commissioners for Her Majesty’s Revenue and Customs after 4 p.m. on 14 March 2008.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
That provision may be made about the residence of individuals in the United Kingdom.
20. Persons not domiciled or not ordinarily resident in the United Kingdom
That provision may be made about persons not domiciled or not ordinarily resident in the United Kingdom.
21. Expenditure on research and development
That provision may be made about tax relief for expenditure on research and development.
That provision may be made about the corporate venturing scheme, the enterprise investment scheme and venture capital trusts.
23. Enterprise management incentives
That provision may be made amending Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003.
24. Company gains from investment life insurance contracts
That provision may be made about gains by companies from investment life insurance contracts.
That provision may be made about the effect of certain changes in trading stock on the calculation of profits of trades for the purposes of income tax or corporation tax.
That provision may be made about investment managers who act on behalf of non-residents.
That provision (including provision having retrospective effect) may be made about offshore funds and participants in them.
That provision (including provision having retrospective effect) may be made about insurance companies, friendly societies and companies which have mutual business.
29. Employment-related securities etc.
That—
(1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
(2) In section 428(2)(b) as originally enacted (conditional interests in shares: amount of charge), insert at the end “(other than an amount of exempt income)”.
(3) In section 428(7)(b) (restricted securities: amount of charge), insert at the end “(other than an amount of exempt income)”.
(4) In section 446T(3)(b) (securities acquired for less than market value: amount of charge), insert at the end “(other than an amount of exempt income)”.
(5) In section 480(5)(a) (securities options: deductible amounts), insert at the end “(other than an amount of exempt income)”.
(6) The amendment made by paragraph (2) has effect in relation to events within section 427(1)(a) or (b) of the Income Tax (Earnings and Pensions) Act 2003 (as originally enacted) occurring on or after 12 March 2008.
(7) The amendments made by paragraphs (3) and (5) have effect in relation to chargeable events occurring on or after that date.
(8) The amendment made by paragraph (4) has effect in relation to employment-related securities acquired (or treated as acquired) on or after that date.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
30. Relief for employee share acquisition
That provision may be made amending Schedule 23 to the Finance Act 2003.
31. Leases of plant or machinery
That provision (including provision having retrospective effect) may be made about leases of plant or machinery.
That provision (including provision having retrospective effect) may be made about double taxation relief.
33. Restrictions on trade loss relief for individuals
That provision may be made restricting reliefs for losses made by individuals carrying on trades otherwise than in partnership.
34. Restrictions on trade loss relief for partners
That provision may be made amending section 103B(2) of the Income Tax Act 2007.
35. Financial arrangements avoidance
That provision (including provision having retrospective effect) may be made amending—
(a) sections 785A and 807A of the Income and Corporation Taxes Act 1988,
(b) Chapter 2 of Part 4 of the Finance Act 1996,
(c) Schedule 26 to the Finance Act 2002, and
(d) section 384 of the Income Tax Act 2007.
That provision (including provision having retrospective effect) may be made about manufactured payments (including deemed manufactured payments).
37. Controlled foreign companies
That provision may be made about controlled foreign companies.
That provision may be made amending Schedule 29 to the Finance Act 2002.
39. Payments on account of income tax
That provision may be made repealing section 964(5) of the Income Tax Act 2007.
That provision may be made about capital allowances.
That provision (including provision having retrospective effect) may be made about pension schemes.
42. Stamp duty land tax (notification and registration of transactions)
That—
(1) Part 4 of the Finance Act 2003 (stamp duty land tax) is amended as follows.
(2) For section 77 substitute—
“ 77 Notifiable transactions
(1) A land transaction is notifiable if it is—
(a) an acquisition of a major interest in land that does not fall within one or more of the exceptions in section 77A,
(b) an acquisition of a chargeable interest other than a major interest in land where there is chargeable consideration in respect of which tax is chargeable at a rate of 1% or higher or would be so chargeable but for a relief,
(c) a land transaction that a person is treated as entering into by virtue of section 44A(3), or
(d) a notional land transaction under section 75A.
(2) This section has effect subject to—
(a) sections 71A(7) and 72A(7), and
(b) paragraph 30 of Schedule 15.
(3) In this section “relief” does not include an exemption from charge under Schedule 3.
77A Exceptions for certain acquisitions of major interests in land
(1) The exceptions referred to in section 77(1)(a) are as follows.
(2) Chargeable consideration for an acquisition does not exceed the zero rate threshold if it does not consist of or include—
(a) any amount in respect of which tax is chargeable at a rate of 1% or higher, or
(b) any amount in respect of which tax would be so chargeable but for a relief.
(3) In this section—
“annual rent” has the meaning given in paragraph 9A of Schedule 5,
“relevant rent” means—
(a) the annual rent, or
(b) in the case of the grant of a lease to which paragraph 11 or 19 of Schedule 15 applies, the relevant chargeable proportion of the annual rent (as calculated in accordance with that paragraph), and
“relief” does not include an exemption from charge under Schedule 3.”
(3) In section 79(2) (registration of land transactions), after “every” insert “notifiable”.
(4) In section 122 (index of defined expressions), in the definition of “notifiable (in relation to a land transaction)” after “72A(7)” insert “and paragraph 30 of Schedule 15”.
(5) In Part 4 of Schedule 6 (SDLT: disadvantaged areas relief), in paragraph 13, for “section 77 (which specifies” substitute “sections 77 and 77A (which specify”.
(6) In Schedule 17A (SDLT: further provisions relating to leases), in paragraphs 3(2) and (5) and 4(1) and (4A), for “section 77” substitute “sections 77 and 77A”.
(7) The amendments made by this Resolution have effect in relation to transactions with an effective date on or after 12 March 2008.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
43. Stamp duty land tax (charge where consideration includes rent)
That—
(1) Schedule 5 to the Finance Act 2003 (amount of SDLT chargeable: rent) is amended as follows.
(2) In paragraph 9 (SDLT chargeable in respect of consideration other than rent)—
(a) in sub-paragraph (1), insert at the end “(but see paragraph 9A)”, and
(b) omit sub-paragraphs (2), (2A) and (3),
and accordingly, in the heading before that paragraph, insert at the end “ : general”.
(3) After that paragraph insert—
“Tax chargeable in respect of consideration other than rent: 0% band
(1) 9A This paragraph applies in the case of a transaction to which this Schedule applies where there is chargeable consideration other than rent.
(2) If—
(a) the relevant land consists entirely of land that is non-residential property, and
(b) the relevant rent is at least £1,000,
the 0% band in Table B in section 55(2) does not apply in relation to the consideration other than rent and any case that would have fallen within that band is treated as falling within the 1% band.
(3) Sub-paragraphs (4) and (5) apply if—
(a) the relevant land is partly residential property and partly non-residential property, and
(b) the relevant rent attributable, on a just and reasonable apportionment, to the land that is non-residential property is at least £1,000.
(4) For the purpose of determining the amount of tax chargeable under section 55 in relation to the consideration other than rent, the transaction (or, where it is one of a number of linked transactions, that set of transactions) is treated as if it were two separate transactions (or sets of linked transactions), namely—
(a) one whose subject-matter consists of all of the interests in land that is residential property, and
(b) one whose subject-matter consists of all of the interests in land that is non-residential property.
(5) For that purpose, the chargeable consideration attributable to each of those separate transactions (or sets of linked transactions) is the chargeable consideration so attributable on a just and reasonable apportionment.
(6) In this paragraph, “the relevant rent” means—
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