Corporation Tax Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Corporation Tax Bill

Corporation Tax Bill
Part 21 — Other general provisions
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(3)
The grossed up amount may also be expressed as—

where—
GA is the grossed up amount,
NA is the net amount, and
R is the percentage rate of tax by reference to which the net amount is to
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be grossed up.
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Other definitions
In this Act, except where the context otherwise requires—
“basic rate” means the rate of income tax determined in pursuance of
section 6(2) of ITA 2007,
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“charity” means a body of persons or trust established for charitable
purposes only,
“credit union” means a society registered as a credit union under the
Industrial and Provident Societies Act 1965 (c. 12) or the Credit Unions
(Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)),
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“dividend ordinary rate” means the rate of income tax specified in section
8(1) of ITA 2007,
“houseboat” means a boat or similar structure designed or adapted for use
as a place of human habitation,
“the Mergers Directive” means Council Directive (EEC) No. 90/434 on the
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common system of taxation applicable to mergers, divisions, transfers
of assets and exchanges of shares concerning companies of different
member States,
“national insurance contributions” means any contributions under—
(a)
Part 1 of the Social Security Contributions and Benefits Act 1992
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(c. 4), or
(b)
Part 1 of the Social Security Contributions and Benefits
(Northern Ireland) Act 1992 (c. 7),
“non-UK resident” means not resident in the United Kingdom (and
references to a non-UK resident company are to a company which is not
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resident there),
“normal self-assessment filing date”, in relation to a tax year, means the 31
January following the tax year,
“retail prices index” means—
(a)
the general index of retail prices (for all items) published by the
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Statistics Board, or
(b)
if that index is not published for a relevant month, any
substituted index or index figures published by that Board,
“SCE” means a European Cooperative Society within the meaning of
Council Regulation (EC) No. 1435/2003 on the Statute for a European
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Cooperative Society,
“SE” means a European public limited-liability company (or Societas
Europaea) within the meaning of Council Regulation (EC) No. 2157/
2001 on the Statute for a European company,
“tax year” means a year for which income tax is charged (see section 4 of
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ITA 2007),

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“the tax year 2009-10” means the tax year beginning on 6 April 2009 (and
any corresponding expression in which two years are similarly
mentioned is to be read in the same way), and
“UK resident” means resident in the United Kingdom (and references to a
UK resident company are to a company which is resident there).
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Interpretation: Scotland
(1)
In the application of this Act to Scotland—
“assignment” means an assignation,
“mortgage” means—
(a)
a standard security, or
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(b)
a heritable security, as defined in the Conveyancing (Scotland)
Act 1924 (c. 27), but including a security constituted by ex facie
absolute disposition or assignation, and
“surrender” includes renunciation.
(2)
In the application of section 1284 (housing grants) and Part 1 of Schedule 2
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(transitionals and savings: general provisions) to Scotland, “enactment”
includes an enactment comprised in, or in an instrument made under, an Act
of the Scottish Parliament.
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Interpretation: Northern Ireland
In the application of section 1284 (housing grants) and Part 1 of Schedule 2
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(transitionals and savings: general provisions) to Northern Ireland,
“enactment” includes an enactment comprised in, or in an instrument made
under, Northern Ireland legislation.
Final provisions
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Minor and consequential amendments
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Schedule 1 (minor and consequential amendments) has effect.
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Power to make consequential provision
(1)
The Treasury may by order make provision in consequence of this Act.
(2)
The power conferred by subsection (1) may not be exercised after 31 March
2012.
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(3)
An order under this section may amend, repeal or revoke any provision made
by or under an Act.
(4)
An order under this section may contain provision having retrospective effect.
(5)
An order under this section may contain incidental, supplemental,
consequential and transitional provision and savings.
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(6)
In subsection (3) “Act” includes an Act of the Scottish Parliament and Northern
Ireland legislation.

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1324
Power to undo changes
(1)
The Treasury may by order make provision, in relation to a case in which the Treasury
consider that a provision of this Act changes the effect of the law, for the purpose of
returning the effect of the law to what it would have been if this Act had not been
passed.
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(2)
The power conferred by subsection (1) may not be exercised after 31 March
2012.
(3)
An order under this section may amend, repeal or revoke any provision made
by or under—
(a)
this Act, or
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(b)
any other Act.
(4)
An order under this section may contain provision having retrospective effect.
(5)
An order under this section may contain incidental, supplemental,
consequential and transitional provision and savings.
(6)
In subsection (3)(b) “Act” includes an Act of the Scottish Parliament and
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Northern Ireland legislation.
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Transitional provisions and savings
(1)
Schedule 2 (transitionals and savings) has effect.
(2)
The Treasury may by order make transitional or saving provision in
connection with the coming into force of this Act, except paragraphs 71 and 99
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of Schedule 2, and subsection (1) so far as relating to those paragraphs.
(3)
An order under subsection (2) may contain provision having retrospective
effect.
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Repeals and revocations
Schedule 3 (repeals and revocations, including of spent enactments) has effect.
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1327
Index of defined expressions
(1)
Schedule 4 (index of defined expressions that apply for the purposes of this
Act) has effect.
(2)
That Schedule lists the places where some of the expressions used in this Act
are defined or otherwise explained.
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(3)
If an expression listed in that Schedule is also used in this Act in an abbreviated
form, the abbreviation is mentioned at the end of the entry for the expression
in the first column of the Schedule.
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Extent
(1)
This Act extends to England and Wales, Scotland and Northern Ireland (but
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see subsection (2)).
(2)
An amendment, repeal or revocation contained in Schedule 1 or 3 has the same
extent as the provision amended, repealed or revoked.

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Commencement
(1)
This Act comes into force on 1 April 2009 and has effect—
(a)
for corporation tax purposes, for accounting periods ending on or after
that day, and
(b)
for income tax and capital gains tax purposes, for the tax year 2009-10
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and subsequent tax years.
(2)
Subsection (1) does not apply to the following provisions (which therefore
come into force on the day on which this Act is passed)—
(a)
section 1310,
(b)
section 1323,
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(c)
section 1324,
(d)
section 1325(2) and (3),
(e)
section 1328,
(f)
this section, and
(g)
section 1330.
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(3)
Subsection (1) does not apply to the following provisions which come into
force on a day to be appointed by the Treasury by order—
(a)
paragraphs 71 and 99 of Schedule 2, and section 1325(1) so far as
relating to those paragraphs, and
(b)
Part 2 of Schedule 3, and section 1326 so far as relating to that Part of
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that Schedule.
(4)
An order under subsection (3) may contain transitional or saving provision.
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Short title
This Act may be cited as the Corporation Tax Act 2009.
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