House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

199

House of Commons

Thursday 25 June 2009

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Finance Bill

(Except Clauses 7, 8, 9, 11, 14, 16, 20 and 92)

Note

The Amendments have been arranged according to the Order of the Committee

[19 May 2009].

Mr Stephen Timms

321

Schedule  61,  page  422,  line  16,  leave out from ‘2003)’ to end of line 19 and insert

‘except that it does not include a lease if the lease is for—

(a)
a term of years of 21 years or less, or

(b)
in Scotland, a period of 21 years or less.’.

Mr Stephen Timms

322

Schedule  61,  page  424,  line  15,  at beginning insert ‘in England and Wales,’.

Mr Stephen Timms

323

Schedule  61,  page  424,  line  23,  leave out paragraphs (a) and (b) and insert—

‘(a)
is a first charge on, or a security ranking first granted over, the interest

transferred to Q,

(b)
is in favour of the Commissioners for Her Majesty’s Revenue and

Customs, and’.

Mr Stephen Timms

324

Schedule  61,  page  426,  line  12,  leave out ‘imposed or security granted’ and insert

Public Bill Committee: 25 June 2009
200

Finance Bill, continued

‘or security registered’.

Mr Stephen Timms

325

Schedule  61,  page  430,  line  19,  leave out ‘imposed on it, or security granted over

it,’ and insert ‘or security registered’.

Mr Stephen Timms

326

Schedule  61,  page  430,  line  20,  leave out ‘that condition is complied with’ and

insert—

‘(a)
Q provides HMRC with the prescribed evidence that condition G is

met in relation to the original land, and

(b)
condition D is met’.

Mr Stephen Timms

327

Schedule  61,  page  430,  line  23,  leave out ‘imposed on it, or security granted over

it,’ and insert ‘or security registered’.

Mr Stephen Timms

328

Schedule  61,  page  430,  line  25,  after ‘that’, insert—

‘(a)
condition G is met in relation to the original land, and

(b)
’.

Mr Stephen Timms

329

Schedule  61,  page  430,  line  36,  after ‘charge’, insert ‘on land in England and

Wales’.

Mr Stephen Timms

330

Schedule  61,  page  430,  line  38,  leave out ‘and’.

Mr Stephen Timms

331

Schedule  61,  page  430,  line  39,  after ‘security’, insert ‘granted over land in

Scotland’.

Mr Stephen Timms

332

Schedule  61,  page  430,  line  40,  at end insert ‘and

‘(c)
in the case of a charge on land in Northern Ireland, notify the Registrar

of Titles of the discharge.’.

Public Bill Committee: 25 June 2009
201

Finance Bill, continued

New Clauses

Taxation: general anti-avoidance principle

Mr Michael Meacher

NC1

To move the following Clause:—

‘(1)
If, when determining the liability of a person to taxation, duty or similar charge

due under statute in the United Kingdom, it shall be estimated that a step or steps

have been included in a transaction giving rise to that liability or to any claim for

an allowance, deduction or relief, with such steps having been included for the

sole or one of the main purposes of securing a reduction in that liability to

taxation, deduction or similar charge with no other material economic purpose for

the inclusion of such a step being capable of demonstration by the taxpayer, then,

subject to the sole exception that the step or steps in question are specifically

permitted under the terms of any legislation promoted for the specific purpose of

permitting such use, such step or steps shall be ignored when calculating the

resulting liability to taxation, duty or similar charge.

(2)
In the interpretation of this provision a construction that would promote the

purpose or object underlying the provision shall be preferred to a construction

that would not promote that purpose or object.’.

Personal allowances for 2009-10 for those aged over 65

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

NC2

To move the following Clause:—

‘(1)
For the tax year 2009-10 the amount specified in—

(a)
section 36 of ITA 2007, and

(b)
section 257(2) of ICTA,


(personal allowance for those aged 65 to 74) is replaced with “£11,490”.

(2)
For the tax year 2009-10 the amount specified in—

(a)
section 37 of ITA 2007, and

(b)
section 257(3) of ICTA,


(personal allowance for those aged 75 and over) is replaced with “£11,640”’.

Public Bill Committee: 25 June 2009
202

Finance Bill, continued

Thresholds for residential property

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

NC3

To move the following Clause:—

‘(1)
A land transaction is exempt from the charge to stamp duty land tax if—

(a)
it is a relevant acquisition of land which consists entirely of residential

property,

(b)
the relevant chargeable consideration for the transaction is not more than

£250,000, and

(c)
the purchaser is a first time purchaser.

(2)
In paragraph (1)(a) a “relevant acquisition of land” means an acquisition of a

major interest in land other than—

(a)
the grant of a lease for a term of less than 21 years, or

(b)
the assignment of a lease which has less than 21 years to run.

(3)
In paragraph (1)(b) the “relevant chargeable consideration for the transaction”

means—

(a)
the chargeable consideration for the transaction, or

(b)
where the transaction is one of a number of linked transactions, the total

of the chargeable consideration for all those transactions.

(4)
The Treasury shall by regulation define the meaning of “first time purchaser.”’.

Publication of taxpayer ‘gold list’

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

NC4

To move the following Clause:—

‘(1)
The Commissioners may publish a list of taxpayers who, in the opinion of the

Commissioners, have performed their tax paying and reporting obligations in an

exemplary manner.

(2)
The details of a taxpayer identified under subsection (1) shall be as agreed

between the Commissioners and the taxpayer.

(3)
In making an assessment of the inclusion of a taxpayer for publication under

subsection (1), the Commissioners shall take into account the size and complexity

of the taxpayers’ affairs.

(4)
The Commissioners shall not refuse to list a taxpayer under subsection (1) on the

grounds that—

(a)
the taxpayer has taken reasonable measures to minimise his tax liability,

or

(b)
the taxpayer, acting in good faith, is in dispute with HM Revenue and

Customs.

Public Bill Committee: 25 June 2009
203

Finance Bill, continued

(5)
The Commissioners must publish guidance as to the criteria that shall be used in

assessing whether a taxpayer should be identified under subsection (1).

(6)
The Commissioners must consult with stakeholders before publishing any

guidance under subsection (5).’.

Mileage allowance payments

Dr Vincent Cable

Mr Jeremy Browne

Mr Colin Breed

Dr John Pugh

NC5

To move the following Clause:—

‘(1)
Section 230 of ITEPA 2003 is amended as follows.

(2)
In the table in subsection (2), for “40p” substitute “45p”.

(3)
Insert at the end of subsection (6)—

“(7)
The Treasury shall publish annually a report setting out its assessment of

the impact of the rates under subsection (2) on the level of participation

of volunteers in community transport schemes.

(8)
A report under subsection (7) is subject to approval by resolution of the

House of Commons.”’.

IR35: income tax

Dr Vincent Cable

Mr Jeremy Browne

Mr Colin Breed

Dr John Pugh

NC6

To move the following Clause:—

‘(1)
Schedule 12 of FA 2000 shall cease to have effect.

(2)
Part 2 of Chapter 8 of ITEPA 2003 shall cease to have effect.

(3)
This section has effect from the day on which this Act is passed.’.

Public Bill Committee: 25 June 2009
204

Finance Bill, continued

Taxation status of Members of the House of Commons and House of Lords

Dr Vincent Cable

Mr Jeremy Browne

Mr Colin Breed

Dr John Pugh

NC7

To move the following Clause:—

‘(1)
A Member of the House of Commons or House of Lords is deemed to be resident,

ordinarily resident and domiciled in the United Kingdom and in no other country

for taxation purposes.

(2)
This clause does not apply to a Member of the House of Lords who has been

granted leave of absence and remains on a leave of absence thereafter.

(3)
This section has effect from the day on which this Act is passed.’.

Private residential exemption from capital gains tax

Dr Vincent Cable

Mr Jeremy Browne

Mr Colin Breed

Dr John Pugh

NC8

To move the following Clause:—

‘(1)
Part 7 of TCGA 1992 is amended as follows.

(2)
In section 222(5) (relief on disposal of private residence) leave out paragraph (a)

and insert—

“(a)
the Commissioners must notify, in writing, the individual of the

notice requirement in paragraph (aa),

(aa)
the individual may include that question by giving notice to the

inspector within six months from the date on which the

notification under paragraph (a) was received but subject to a

right to vary that notice by a further notice to the inspector as

respects any period beginning not earlier than six months before

the giving of the further notice,”.

(3)
Insert after section 223(2)—

“(2A)
Subsections (1) and (2) do not apply where an individual has varied a

notice under section 222(5)(aa) to the effect that an individual’s previous

main residence has been redesignated as their main residence.”.

(4)
The amendments made by this section have effect for the tax year 2010-11 and

subsequent tax years.’.

Public Bill Committee: 25 June 2009
205

Finance Bill, continued

Furnished holiday lettings

Dr Vincent Cable

Mr Jeremy Browne

Mr Colin Breed

Dr John Pugh

NC9

To move the following Clause:—

‘(1)
The Chancellor of the Exchequer shall, before the publication of the 2009 Pre-

Budget Report, have compiled and laid before the House of Commons a report

containing an assessment of the impact of—

(a)
section 503 of ICTA, and

(b)
chapter 6 of part 3 of ITTOIA 2005,


on the liability to tax of commercially-let furnished holiday accommodation.

(2)
A Minister of the Crown must, not later than one month after the report has been

laid before the House of Commons, make a motion in that House in relation to the

report.’.

Office of Budget Responsibility

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

NC10

To move the following Clause:—

‘(1)
The Treasury shall establish an Office of Budget Responsibility.

(2)
Its mandate shall be to work towards the establishment of—

(a)
a balanced current budget adjusted for the economic cycle,

(b)
falling debt as a percentage of GDP.

(3)
Regulations shall specify the functions of the Office of Budget Responsibility

which must include—

(a)
producing fiscal forecasts at least once a year in advance of the Budget,

(b)
producing short term forecasts of the state of the public finances, which

must include the Office of Budget Responsibility’s best estimate of all

current and future government liabilities,

(c)
a forward looking judgement of the sustainability of the public finances,

and

(d)
to make recommendations to Parliament on delivering the mandate in

subsection (2).

(4)
Regulations shall specify the governance arrangements of the Office of Budget

Responsibility.

(5)
Regulations made under this section may not be made unless they have been laid

before, and approved by a resolution of, each House of Parliament.’.