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| (Except Clauses 7, 8, 9, 11, 14, 16, 20 and 92)
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| | The Amendments have been arranged according to the Order of the Committee |
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| Clause 17, page 11, line 4, leave out from ‘substitute’ to end of line 29 and insert— |
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| | ‘(1) | Aircraft flight duty is chargeable in respect of each freight and passenger aircraft |
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| | on each flight undertaken by that aircraft from a destination within the UK.’. |
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| Clause 17, page 11, line 33, at end insert— |
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| | ‘(3A) | The Treasury shall, no later than the date of the Pre-Budget Report 2009, bring |
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| | forward plans to replace Air Passenger Duty with a per-plane tax on aircraft |
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| | currently subject to Air Passenger Duty.’. |
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| Page 11, line 1, leave out Clause 17. |
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| Schedule 6, page 90, line 44, leave out ‘£50,000’ and insert ‘£100,000’. |
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| Schedule 6, page 90, line 46, leave out ‘£50,000’ and insert ‘£100,000’. |
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| Schedule 6, page 91, line 27, leave out ‘24 November’ and insert ‘31 December’. |
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| Schedule 6, page 91, line 31, leave out ‘£50,000’ and insert ‘£100,000’. |
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| Schedule 6, page 91, line 32, leave out ‘24 November 2009’ and insert ‘31 |
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| Schedule 6, page 91, line 33, leave out ‘£50,000’ and insert ‘£100,000’. |
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| Schedule 6, page 91, line 34, leave out ‘24 November’ and insert ‘31 December’. |
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| Schedule 6, page 91, line 37, at end insert— |
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| | ‘(3A) | The limits referred to in subsubparagraphs 3(a) and (b) shall not apply to the |
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| | accounting period immediately preceding the relevant accounting period in |
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| | which the trading loss arose.’. |
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| Schedule 6, page 91, line 38, leave out subsections (4) and (5). |
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| Schedule 6, page 91, line 41, leave out ‘£50,000’ and insert ‘£100,000’. |
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| Clause 25, page 15, leave out lines 37 to 38 and insert ‘the Treasury may by regulations |
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| make provision for and in connection with the application of all relevant enactments as |
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| | (1A) | The Treasury may make regulations to— |
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| | (a) | give effect to the agreement referred to in subsection (1), and |
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| | (b) | give effect to subsection (3). |
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| | (1B) | Regulations under this section may include provision having effect in relation to |
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| | any time before they are made even if the provision creates or increases the |
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| | liability to tax of P or such other person as is referred to in subsection (3). |
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| | (1C) | Regulations under this section may include— |
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| | (a) | provision amending any relevant enactment, and |
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| | (b) | consequential, supplementary and transitional provisions. |
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| | (1D) | Regulations under this section are to be made by statutory instrument subject to |
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| | annulment in pursuance of a resolution of the House of Commons.’. |
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| Clause 25, page 16, leave out lines 14 to 16. |
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| Schedule 7, page 96, line 29, after ‘acquisition’, insert ‘by the company of a major |
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| Schedule 7, page 98, line 28, leave out ‘ “sub-contractor payment” substitute |
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| “connected sub-contractor payment’ and insert ‘ “sub-contracted land remediation” |
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| substitute “connected sub-contracted land remediation” ’. |
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| Schedule 8, page 101, line 4, leave out from beginning to ‘is’ in line 5 and insert— |
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| | ‘A1 | Schedule 5B to TCGA 1992 (enterprise investment scheme: re-investment) is |
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| | A2 (1) | Paragraph 1(2) (application of Schedule) is amended as follows. |
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| | (2) | For paragraphs (g) and (h) substitute “and |
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| | (g) | all of the money raised by the issue of the shares (other than any of |
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| | them which are bonus shares) is, no later than the time mentioned in |
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| | section 175(3) of ITA 2007, employed wholly for the purpose of that |
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| | (3) | In the words following the paragraphs, for “conditions in paragraphs (g) and |
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| | (h) above do” substitute “condition in paragraph (g) above does”. |
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| | A3 (1) | Paragraph 1A (failure of conditions of application) is amended as follows. |
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| | (2) | In sub-paragraph (4)— |
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| | (b) | for “sub-paragraph (4A) below” substitute “section 175(3) of ITA |
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| | (3) | Omit sub-paragraph (4A). |
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| | 1 (1) | Paragraph 9 (other reconstructions and amalgamations)’. |
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| Schedule 8, page 101, line 12, at end insert— |
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| | ‘(1B) | The individual may elect for section 135 or section 136 not to apply in respect |
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| Schedule 8, page 101, line 18, at end insert— |
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| | ‘1A | In paragraph 16 (information), omit sub-paragraph (4A).’. |
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| Schedule 8, page 102, line 19, at end insert— |
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| | 5A | In consequence of the amendments made by paragraphs A2, A3 and 1A, |
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| | (a) | in FA 2001, in Schedule 15, paragraphs 26 to 28, |
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| | (b) | in FA 2004, in Schedule 18, paragraph 13(1)(f), and |
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| | (c) | in ITA 2007, in Schedule 1, paragraph 345(2)(b), (3)(a) and (13)(b).’. |
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| Schedule 8, page 102, line 20, at end insert— |
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| | ‘5B | The amendments made by paragraphs A2, A3, 1A, 3, 4 and 5A have effect in |
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| | relation to shares issued on or after 22 April 2009.’. |
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| Schedule 8, page 102, line 32, leave out paragraph 8. |
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| Schedule 9, page 103, line 2, at end insert— |
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| | ‘A1(1) | Section 832(1) of ICTA is amended as follows. |
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| | (2) | For the definition of “ordinary share capital”, substitute— |
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| | “ordinary share capital”, in relation to a company, means all the issued share |
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| | capital (by whatever name called) of the company, other than relevant |
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| | preference shares (within the meaning of Schedule 18).’. |
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| Schedule 9, page 103, line 28, leave out ‘in any circumstances’ and insert ‘by |
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| virtue of any term subject to which the shares are issued or held’. |
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| Schedule 9, page 103, line 39, leave out ‘in any circumstances’ and insert ‘by |
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| virtue of any term subject to which the shares are issued or held’. |
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| Schedule 9, page 104, line 14, leave out sub-paragraph (i). |
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| Schedule 9, page 104, line 21, at end insert— |
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| | ‘(6A) | An order under sub-paragraph (5) must specify that no company may be |
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| | regarded as being or having been in severe financial difficulties in any |
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| | accounting period during which it agrees or agreed to contribute to, or |
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| | increases or increased the value of, the pension arrangements of any director |
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| | or former director a sum in excess of £1 million.’. |
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| Schedule 9, page 104, line 33, at end insert— |
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| | ‘1B | Notwithstanding anything else in this Schedule, in determining whether two or |
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| | more companies are members of the same group no account shall be taken of |
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| | any interest held by UK Financial Investments Limited.”’. |
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| Schedule 9, page 104, line 39, after ‘by’, insert ‘paragraphs 1 to 4 of’. |
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| Schedule 9, page 104, line 43, at end insert— |
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| | ‘(6A) | If a company so elects, the amendments made by paragraph (A1) of this |
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| | Schedule, do not have effect in relation to shares issued by the company— |
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| | (a) | before the date on which this Act is passed; |
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| | (b) | on or after that date under an agreement entered into before that date.’. |
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| Schedule 9, page 104, line 44, after ‘6’, insert ‘or 6A’. |
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| Schedule 11, page 108, line 30, at end insert— |
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| | ‘2A | In section 45D(4) for “110” insert “160”’. |
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| Schedule 11, page 109, line 32, at end insert— |
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| | ‘(5A) | An order under subsection (5) may not be made until 2 years after this Act has |
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| | passed and any subsequent change will be subject to a 2 year notice period.’. |
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| Schedule 12, page 128, line 5, at end insert— |
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| | ‘(1A) | In determining for the purposes of subsection (1)(c) whether subsection (1) of |
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| | section 171 would have applied, it is to be assumed that subsection (1A)(b) of that |
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| | “(b) | that, at the time of the disposal, company B is resident in the |
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| | United Kingdom, or carrying on a trade in the United Kingdom |
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| | through a permanent establishment there.” ’. |
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| | Taxation: general anti-avoidance principle |
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| To move the following Clause:— |
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| | ‘(1) | If, when determining the liability of a person to taxation, duty or similar charge |
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| | due under statute in the United Kingdom, it shall be estimated that a step or steps |
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| | have been included in a transaction giving rise to that liability or to any claim for |
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| | an allowance, deduction or relief, with such steps having been included for the |
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| | sole or one of the main purposes of securing a reduction in that liability to |
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| | taxation, deduction or similar charge with no other material economic purpose for |
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| | the inclusion of such a step being capable of demonstration by the taxpayer, then, |
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| | subject to the sole exception that the step or steps in question are specifically |
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| | permitted under the terms of any legislation promoted for the specific purpose of |
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| | permitting such use, such step or steps shall be ignored when calculating the |
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| | resulting liability to taxation, duty or similar charge. |
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| | (2) | In the interpretation of this provision a construction that would promote the |
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| | purpose or object underlying the provision shall be preferred to a construction |
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| | that would not promote that purpose or object.’. |
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| | Personal allowances for 2009-10 for those aged over 65 |
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| To move the following Clause:— |
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| | ‘(1) | For the tax year 2009-10 the amount specified in— |
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| | (a) | section 36 of ITA 2007, and |
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| | (b) | section 257(2) of ICTA, |
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| | | (personal allowance for those aged 65 to 74) is replaced with “£11,490”. |
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| | (2) | For the tax year 2009-10 the amount specified in— |
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