|
| |
|
(a) | in TMA 1970, in section 98, in column 1 of the Table, the entry |
| |
relating to section 730(8) of ICTA, |
| |
(b) | in ICTA, in section 774E(1), the second sentence, |
| |
(c) | in FA 1996, in Schedule 7, paragraph 23, |
| |
(d) | in FA 2004, section 135, |
| 5 |
(e) | in ITTOIA 2005, in Schedule 1, paragraph 300, |
| |
(f) | in F(No.2)A 2005, in Schedule 7, paragraphs 2 and 4, |
| |
(g) | in FA 2006, in Schedule 6, paragraph 7, |
| |
| |
(i) | in section 1016, in Part 3 of the table, the entry relating to |
| 10 |
section 730(4) of ICTA, and |
| |
(ii) | in Schedule 1, paragraphs 183 and 545. |
| |
(4) | In section 785ZB(3) of ICTA, for “has the same meaning as in section 785A” |
| |
substitute “includes an underlease, sublease, tenancy or licence and an |
| |
agreement for any of those things”. |
| 15 |
(5) | In section 2(13) of ITA 2007, omit the “and” at the end of paragraph (d) and |
| |
| |
(f) | transfers of income streams (Chapter 5A).” |
| |
(6) | Schedule 4 to that Act (index of defined expressions) is amended as follows. |
| |
(7) | After the entry relating to “transfer (in Chapter 2 of Part 13)” insert— |
| 20 |
| “transfer (in Chapter 5A of Part |
| | | | | | | | |
|
(8) | After the entry relating to “transferor (in Part 12)” insert— |
| |
| “transfer taking place (in Chapter |
| | | | | | | | 25 |
|
| |
| |
10 | This Schedule has effect in relation to transfers on or after 22 April 2009. |
| |
| |
| |
Certification of SAYE savings arrangements |
| 30 |
1 | Chapter 4 of Part 6 of ITTOIA 2005 (SAYE interest) is amended as follows. |
| |
Transfer of certain functions from Treasury to HMRC |
| |
2 (1) | Section 705 (certification of arrangements) is amended as follows. |
| |
|
| |
|
| |
|
(2) | In subsections (1) and (2), for “Treasury” (in each place) substitute |
| |
| |
(3) | After subsection (4) insert— |
| |
“(5) | In this Chapter “the Commissioners” means the Commissioners for |
| |
Her Majesty’s Revenue and Customs.” |
| 5 |
3 | In section 706(1) and (2) (withdrawal and variation of certifications etc), for |
| |
“Treasury” substitute “Commissioners”. |
| |
4 | In section 707(1) (authorisation of providers), for “Treasury” substitute |
| |
| |
5 (1) | Section 708 (withdrawal and variation of authorisations) is amended as |
| 10 |
| |
(2) | In subsections (1) and (2), for “Treasury” substitute “Commissioners”. |
| |
(3) | In subsection (4), for “Treasury of its” substitute “Commissioners of their”. |
| |
Removal of requirement that notice be sent by post |
| |
6 | In the following provisions omit “by post”— |
| 15 |
(a) | section 706(2)(b) (notification of withdrawal and variation of |
| |
| |
(b) | section 708(2)(b) (notification of withdrawal and variation of |
| |
| |
Reduction of notice period for withdrawals and variations |
| 20 |
7 | In section 706(2)(b) (notification of withdrawal and variation of certifications |
| |
etc), for “28 days” substitute “15 days”. |
| |
Power to provide for withdrawals and variations not to affect certain contracts |
| |
8 | In section 706(3) (transitional provision for withdrawals and variations of |
| |
certifications) for the words from “the operation of” to the end substitute— |
| 25 |
“(a) | the operation of the arrangement concerned before that date, |
| |
(b) | contracts made under that arrangement before that date, or |
| |
(c) | where the notice so provides, contracts which are of a |
| |
description specified in the notice and are made under that |
| |
arrangement after that date.” |
| 30 |
| |
| |
| |
| |
| |
1 | Chapter A1 of Part 14 of ITA 2007 (remittance basis) is amended as follows. |
| 35 |
2 | In section 809C (claim for remittance basis by long-term UK resident: |
| |
|
| |
|
| |
|
nomination of foreign income and gains to which section 809H(2) is to |
| |
apply), after subsection (5) insert— |
| |
“(5A) | The references to income tax in subsection (5) do not include income |
| |
tax under section 424 (gift aid).” |
| |
3 (1) | Section 809D (application of remittance basis without claim where |
| 5 |
unremitted foreign income and gains under £2,000) is amended as follows. |
| |
(2) | In subsection (1), insert at the end (not as part of paragraph (c))— |
| |
| “unless condition A or condition B is met.” |
| |
(3) | After that subsection insert— |
| |
“(1A) | Condition A is that the individual is not domiciled in the United |
| 10 |
Kingdom in that year and conditions A to F in section 828B are met. |
| |
(1B) | Condition B is that the individual gives notice in a return under |
| |
section 8 of TMA 1970 that this section is not to apply in relation to |
| |
the individual for that year.” |
| |
4 (1) | Section 809E (application of remittance basis without claim: other cases) is |
| 15 |
| |
(2) | In subsection (1), for paragraph (c) substitute— |
| |
“(c) | for that year the individual either has no UK income or gains |
| |
or has no UK income and gains other than taxed investment |
| |
income not exceeding £100.” |
| 20 |
(3) | In that subsection, insert at the end (not as part of paragraph (e))— |
| |
| “unless the individual gives notice in a return under section 8 of |
| |
TMA 1970 that this section is not to apply in relation to the individual |
| |
| |
(4) | After subsection (2) insert— |
| 25 |
“(2A) | For the purposes of subsection (1)(c) “taxed investment income” |
| |
means UK income or gains consisting of payments within section 946 |
| |
from which a sum representing income tax has been deducted.” |
| |
5 | In section 809H (claim for remittance basis by long-term UK resident: |
| |
charge), after subsection (5) insert— |
| 30 |
“(5A) | The references to income tax in subsection (5) do not include income |
| |
tax under section 424 (gift aid).” |
| |
6 (1) | Section 809L (meaning of “remitted to the United Kingdom”) is amended as |
| |
| |
| 35 |
(3) | In subsection (9), for “income or chargeable gains are used in respect of a |
| |
debt include cases where income or chargeable gains are” substitute |
| |
“property (including income or chargeable gains) is used in respect of a debt |
| |
include cases where the property is”. |
| |
7 (1) | Section 809M (meaning of “relevant person” for purposes of sections 809L, |
| 40 |
809N and 809O) is amended as follows. |
| |
|
| |
|
| |
|
(2) | In subsection (2)(e), insert at the end “or a company which is a 51% |
| |
subsidiary of such a close company”. |
| |
(3) | In subsection (3), after paragraph (c) insert— |
| |
“(ca) | “participator”, in relation to a close company, means a person |
| |
who is a participator in relation to the company for the |
| 5 |
purposes of section 419 of ICTA (see sections 417(1) and |
| |
| |
(cb) | “51% subsidiary” has the same meaning as in the Corporation |
| |
Tax Acts (see section 838 of ICTA),”. |
| |
8 | In section 809P (amount remitted), insert at the end— |
| 10 |
“(13) | If the property forms part of a set only part of which is in the United |
| |
Kingdom, the amount remitted is such portion of what it would have |
| |
been had the complete set been brought to, or received or used in, the |
| |
United Kingdom when the part was as is just and reasonable (having |
| |
regard to the part of the set which is there).” |
| 15 |
9 (1) | Section 809T (foreign chargeable gains accruing on disposals made other |
| |
than for full consideration) is amended as follows. |
| |
(2) | In subsection (1)(b), after “amount” insert “at least”. |
| |
(3) | In the heading, for “other” substitute “otherwise”. |
| |
10 (1) | Section 809X (property which is exempt property) is amended as follows. |
| 20 |
(2) | In subsection (4), omit “that derive from relevant foreign income”. |
| |
(3) | In subsection (5), omit “of any description that derives from relevant foreign |
| |
| |
11 (1) | Section 809Z5 (notional remitted amount) is amended as follows. |
| |
(2) | In subsection (1), omit “of income”. |
| 25 |
(3) | Omit subsections (2) and (3). |
| |
| |
| |
| |
12 | In section 14A(3)(b) of TCGA 1992 (section 13: non-UK domiciled |
| 30 |
individuals), after “amount” insert “at least”. |
| |
| |
13 | In section 648 of ITTOIA 2005 (income arising under a settlement), for |
| |
subsections (2) to (5) substitute— |
| |
“(2) | But if, in a tax year, the settlor is not UK resident, references in this |
| 35 |
Chapter to income arising under a settlement do not include income |
| |
arising under the settlement in that tax year in respect of which the |
| |
settlor, if actually entitled to it, would not be chargeable to income |
| |
tax by deduction or otherwise because of not being UK resident. |
| |
|
| |
|
| |
|
(3) | And if, for a tax year, section 809B, 809D or 809E of ITA 2007 |
| |
(remittance basis) applies to the settlor, references in this Chapter to |
| |
income arising under a settlement include in relation to any relevant |
| |
foreign income arising under the settlement in that tax year only |
| |
such of it as is remitted to the United Kingdom (in that tax year or |
| 5 |
any subsequent tax year) in circumstances such that, if the settlor |
| |
remitted it, the settlor would be chargeable to income tax. |
| |
(4) | See Chapter A1 of Part 14 of ITA 2007 for the meaning of “remitted |
| |
to the United Kingdom” etc. |
| |
(5) | Where subsection (3) applies the remitted income is treated for the |
| 10 |
purposes of this Chapter as arising under the settlement in the tax |
| |
year in which it is remitted.” |
| |
| |
14 | In paragraph 86 of Schedule 7 to FA 2008 (remittance basis: transitional |
| |
provisions), after sub-paragraph (4) insert— |
| 15 |
“(4A) | For the purposes of sub-paragraph (4), section 648(2) to (5) of |
| |
ITTOIA 2005 (and corresponding earlier enactments) do not apply |
| |
(so that relevant foreign income which arose under a settlement in |
| |
the tax year 2007-08 or any earlier tax year is to be treated as |
| |
income for the tax year in which it arose).” |
| 20 |
| |
| |
15 (1) | The amendments made by paragraphs 2 to 5, 10, 11(2) and 14 have effect for |
| |
the tax year 2008-09 and subsequent tax years. |
| |
(2) | The other amendments made by this Schedule come into force on 22 April |
| 25 |
| |
| |
| |
| |
| |
1 | Chapter 6 of Part 3 of ITEPA 2003 (taxable benefits: cars) is amended as |
| 30 |
| |
| |
2 (1) | Section 121(1) (method of calculating cash equivalent of benefit of car) is |
| |
| |
(2) | In step 3, insert at the end— |
| 35 |
| “The resulting amount is the interim sum.” |
| |
(3) | Omit step 4 (interim sum to be £80,000 if step 3 amount exceeds £80,000). |
| |
|
| |
|
| |
|
3 | In section 145(5) (modifications of provisions where car temporarily |
| |
replaced), for “step 4” substitute “step 3”. |
| |
4 | In section 147(1) and (2), for “amount carried forward from” substitute |
| |
“interim sum calculated under”. |
| |
5 | In section 170(1) (Treasury orders increasing various amounts), omit |
| 5 |
paragraph (a) (amount in step 4 of section 121(1)). |
| |
Cars with CO2 emissions figures: the appropriate percentage |
| |
6 | In section 139(4) (car with a CO2 emissions figure: the appropriate |
| |
percentage), for the table substitute— |
| |
| 10 |
| | Lower threshold (in g/km) |
| | | | | | | | | | | | | | 2011-12 and subsequent tax years |
| | | |
|
Electrically propelled cars: the appropriate percentage |
| 15 |
7 | In section 140(3)(a) (appropriate percentage for electrically propelled cars), |
| |
for “15%” substitute “9%”. |
| |
8 | In section 142 (special provision for cars registered before 1998)— |
| |
(a) | in subsection (3) (cars without internal combustion engine with |
| |
reciprocating pistons), for the words after “year is” substitute “32%”, |
| 20 |
| |
(b) | omit subsection (4) (definition of electrically propelled car). |
| |
| |
9 | In consequence of the amendment made by paragraph 6, in FA 2008, omit |
| |
| 25 |
| |
10 (1) | The amendments made by paragraphs 6 and 9 have effect for the tax year |
| |
2009-10 and subsequent tax years. |
| |
(2) | The other amendments made by this Schedule have effect for the tax year |
| |
2011-12 and subsequent tax years. |
| 30 |
|
| |
|