House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Public Bill Committee Proceedings: 23 June 2009
66

Finance Bill, continued

Mr Stephen Timms

Agreed to  301

Schedule  46,  page  343,  leave out lines 39 and 40.

Mr Stephen Timms

Agreed to  302

Schedule  46,  page  344,  line  2,  at end insert—

‘“relevant body” means a company or other body corporate but does not

include a limited liability partnership;’.

Mr Stephen Timms

Agreed to  303

Schedule  46,  page  344,  leave out lines 3 to 5.

Mr Stephen Timms

Agreed to  304

Schedule  46,  page  344,  line  7,  at end insert—

    ‘(2)
For the purposes of this Schedule—

(a)
a relevant body is a member of a group if—

(i)
another relevant body is its 51 per cent subsidiary, or

(ii)
it is a 51 per cent subsidiary of another relevant body, and

(b)
two relevant bodies are members of the same group if—

(i)
one is a 51 per cent subsidiary of the other, or

(ii)
both are 51 per cent subsidiaries of a third relevant body.

      (3)
Section 838 of ICTA (meaning of “51 per cent subsidiary”) applies for the

purposes of this Schedule as it applies for the purposes of the Corporation Tax

Acts (subject to the modification in sub-paragraph (4)).

      (4)
It applies as if references in that section to a body corporate were to a relevant

body.’.

Schedule, as amended, Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Withdrawn  81

Clause  93,  page  45,  line  27,  leave out ‘£25,000’ and insert ‘the greater of—

(i)
£25,000 or

(ii)
a percentage of the person’s income as determined by an order

made by the Treasury.’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  82

Clause  93,  page  45,  line  30,  after ‘deliberate’, insert ‘and concealed’.

Public Bill Committee Proceedings: 23 June 2009
67

Finance Bill, continued

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  83

Clause  93,  page  45,  leave out lines 32 to 40.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  84

Clause  93,  page  46,  line  14,  at end insert—

‘(5A)
No information may be published without the consent of the Chief Executive of

Her Majesty’s Revenue and Customs.’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  85

Clause  93,  page  46,  line  18,  at end insert ‘and

(c)
inform the person of his right of appeal under subsection (11A) below’.

Mr Stephen Timms

Agreed to  305

Clause  93,  page  46,  line  27,  leave out from ‘paragraph’ to end of line 36 and insert

‘10 of Schedule 24 to FA 2007, or

(b)
paragraph 13 of Schedule 41 to FA 2008,


(reductions for disclosure) to the full extent permitted.’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  86

Clause  93,  page  46,  line  36,  at end insert—

‘(11A)
No information may be published until the person has had the opportunity to

appeal to the First Tier Tribunal for an in-camera hearing against the decision to

publish details of that person.

(11B)
The Treasury may by order made by statutory instrument make provision for and

in connection with appeals to the First Tier Tribunal under subsection (11A).’.

Clause, as amended, Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Withdrawn  87

Clause  94,  page  47,  line  11,  leave out subsections (2) to (5).

Public Bill Committee Proceedings: 23 June 2009
68

Finance Bill, continued

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  88

Clause  94,  page  47,  line  19,  at end insert—

‘(3A)
An order under this section may not—

(a)
remove or weaken a safeguard available to a taxpayer, or

(b)
increase a penalty or HMRC power.’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  61

Clause  94,  page  47,  line  22,  leave out ‘annulment in pursuance of a’ and insert ‘an

affirmative’.

Clause Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Withdrawn  66

Schedule  47,  page  345,  line  35,  leave out sub-paragraph (5).

Mr Stephen Timms

Agreed to  306

Schedule  47,  page  348,  line  11,  leave out from ‘person’ to ‘the’ in line 13 and insert

‘if—

(a)
it appears to an officer of Revenue and Customs that a counteraction

provision may apply to the person by reason of one or more transactions,

and

(b)
’.

Schedule, as amended, Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  62

Clause  95,  page  48,  line  2,  leave out subsections (5) to (8).

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  63

Clause  95,  page  48,  line  4,  at end insert—

‘(5A)
An order under this section may not—

Public Bill Committee Proceedings: 23 June 2009
69

Finance Bill, continued

(a)
remove or weaken a safeguard available to a taxpayer, or

(b)
increase a penalty or HMRC power.’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  64

Clause  95,  page  48,  line  11,  leave out ‘annulment in pursuance of a’ and insert ‘an

affirmative’.

Clause Agreed to.

Schedule 48 Agreed to.

Clause 96 Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Withdrawn  67

Schedule  49,  page  358,  line  50,  at end insert—

‘(ba)
Revenue and Customs has used all reasonable efforts to ascertain contact

details of the debtor’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  68

Schedule  49,  page  359,  line  24,  at end insert ‘such period being not less than 30

days from the date of the notice.’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  69

Schedule  49,  page  359,  line  27,  after ‘it’, insert ‘does not have the information or

that it’.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not called  70

Schedule  49,  page  360,  line  22,  at end insert—

‘Application of data protection legislation

7A
A third party who provides information to Revenue and Customs as a

consequence of the powers contained in this Schedule shall be deemed to have

acted in compliance with his responsibilities under data protection

legislation.’.

Schedule Agreed to.

Public Bill Committee Proceedings: 23 June 2009
70

Finance Bill, continued

Clause 97 Agreed to.

Schedule 50 Agreed to.

Clause 98 Agreed to.

Schedule 51 Agreed to.

Clause 99 Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Withdrawn  71

Schedule  52,  page  377,  line  23,  leave out ‘, or ought reasonably to have known,’.

Schedule Agreed to.

Clause 100 Agreed to.

Schedule 53 Agreed to.

Clause 101 Agreed to.

Schedule 54 Agreed to.

Clauses 102 and 103 Agreed to.

Mr Stephen Timms

Agreed to  307

Clause  104,  page  52,  line  17,  at end insert—

‘( )
In the following provisions, for the words from “the same rate” to the end

substitute “the rate applicable under section 178 of the Finance Act 1989”—

(a)
section 48(1) of FA 1975 (interest on repayment of estate duty), and

(b)
section 235(1) of IHTA 1984 (interest on overpaid inheritance tax).

( )
In section 178(2) of FA 1989 (setting of rates of interest)—

(a)
after paragraph (g) insert—

“(ga)
section 48(1) of the Finance Act 1975,”, and

(b)
in paragraph (k), after “sections 233” insert “, 235(1)”.’.

Clause, as amended, Agreed to.

Clause 105 Agreed to.

Public Bill Committee Proceedings: 23 June 2009
71

Finance Bill, continued

Mr Stephen Timms

Agreed to  308

Schedule  55,  page  400,  line  30,  after ‘P’, insert ‘first’.

Mr Stephen Timms

Agreed to  309

Schedule  55,  page  400,  line  34,  leave out ‘P is not liable’.

Mr Stephen Timms

Agreed to  310

Schedule  55,  page  400,  line  35,  after ‘applies’ insert—

‘(a)
paragraphs 10(2)(b) and 11(5)(b) do not apply, and

(b)
P is not liable’.

Mr Stephen Timms

Agreed to  311

Schedule  55,  page  400,  line  37,  leave out from first ‘the’ to end of line 38 and insert

‘date on which P first made a return’.

Schedule, as amended, Agreed to.

Clause 106 Agreed to.

Mr Stephen Timms

Agreed to  312

Schedule  56,  page  406,  line  38,  column  3,  leave out from ‘Amount’ to end of

line 41 and insert ‘charged in an assessment under paragraph 11(1) of Schedule 2 to OTA

1975’.

Mr Stephen Timms

Agreed to  313

Schedule  56,  page  407,  line  7,  at end insert—

‘ 15A
Petroleum revenue tax
Amount charged in an assessment
The date falling 6 months and 30 days

made where participator fails to
after the end of the chargeable period’.

deliver return for a chargeable period

Mr Stephen Timms

Agreed to  314

Schedule  56,  page  407,  line  9,  column  2,  leave out ‘or 9 to 11’ and insert ‘, 9 or

10’.

Mr Stephen Timms

Agreed to  315

Schedule  56,  page  407,  line  38,  at end insert—

Public Bill Committee Proceedings: 23 June 2009
72

Finance Bill, continued

‘ 20A
Petroleum revenue tax
Amount charged in an assessment, or
The date falling 30 days after—

an amendment of an assessment,
(a)
the date by which the amount

made in circumstances other than
must be paid, or

those set out in items 11 and 15A
(b)
the date on which the assess-

ment or amendment is made,

whichever is later’.

Mr Stephen Timms

Agreed to  316

Schedule  56,  page  407,  line  40,  column  2,  leave out ‘or 9 to 11’ and insert ‘, 9

or 10’.

Mr Stephen Timms

Agreed to  317

Schedule  56,  page  407,  line  44,  column  3,  leave out ‘or 9 to 11’ and insert ‘, 9

or 10’.

Mr Stephen Timms

Agreed to  318

Schedule  56,  page  407,  line  45,  column  2,  leave out ‘or 9 to 11’ and insert ‘, 9

or 10’.

Mr Stephen Timms

Agreed to  319

Schedule  56,  page  408,  line  4,  leave out ‘11’ and insert ‘10’.

Mr Stephen Timms

Agreed to  320

Schedule  56,  page  408,  line  31,  at end insert ‘or (c)’.

Schedule, as amended, Agreed to.

Clauses 107 and 108 Agreed to.

Schedule 57 Agreed to.

Mr David Gauke

Mr Mark Hoban

Mr Greg Hands

Not selected  333


Clause  110,  page  56,  line  6,  at end insert—

‘(7A)
Where—

(a)
subsection (5) applies, and

(b)
HMRC makes a decision not to give P a notice under subsection (6)(c)

for all or part of the specified payments,


P may appeal against that decision to the First-tier Tribunal

(7B)
On an appeal under subsection (7A) the First-tier Tribunal may—

(a)
affirm or cancel HMRC’s decision, or