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Notices of Amendments


given up to and including


Friday 3 July 2009


New Amendments handed in are marked thus Parliamentary Star


Consideration of Bill


Finance Bill, As Amended


New Clauses


Transfers of trade to obtain terminal loss relief


Mr Chancellor of the Exchequer




Parliamentary Star    

To move the following Clause:—



In section 393A of ICTA (set off of losses against profits of same or earlier


accounting period), after subsection (2D) insert—



But subsection (2A) above does not apply by reason of a company


ceasing to carry on a trade if—



on the company ceasing to carry on the trade, any of the activities


of the trade begin to be carried on by a person who is not (or by


persons any or all of whom are not) within the charge to


corporation tax, and



the company’s ceasing to carry on the trade is part of a scheme


or arrangement the main purpose, or one of the main purposes,


of which is to secure that subsection (2A) above applies to a loss


by reason of the cessation.”



The amendment made by subsection (1) has effect in relation to cessations of a


trade on or after 21 May 2009.’.



Notices of Amendments: 3 July 2009                     



Finance Bill, continued


Implementation of section 1


Mr Frank Field


Mr Greg Pope


Kate Hoey


Mark Fisher


Ms Katy Clark


Ms Diane Abbott


Total signatories: 40


Mr Dai Havard


Mr Peter Kilfoyle


Paul Flynn


Mike Wood


Kelvin Hopkins


Jim Dowd


Ms Gisela Stuart


Michael Connarty


David Taylor


Janet Anderson


Lynne Jones


Alan Simpson


John McDonnell


Kelvin Hopkins


Jeremy Corbyn


Mr David Drew


Dr Vincent Cable


Mr Jeremy Browne


Mrs Ann Cryer


Mr Austin Mitchell


Jim Dobbin


Siobhain McDonagh


Mr Roger Godsiff


Mr David Cameron


Mr George Osborne


Mr Philip Hammond


Mr David Gauke


Mr Mark Hoban


James Dudderidge


Derek Wyatt


Dr Lynne Jones


Andrew Mackinlay


Mr Jeremy Browne


Dr Vincent Cable




To move the following Clause:—



The rates charged by virtue of section 1 shall not have effect until such date as


may be appointed by order made by the Treasury.



No such order may be made until the Chancellor of the Exchequer lays before


Parliament a statement that, in his opinion, measures have been taken to ensure


that no person is worse off by reason of the person’s income not being sufficient


to secure that the effect of the abolition of the 10p starting rate has been entirely


offset by the reduction of the basic rate, which took effect in the tax year 2008-09.



The power to make an order under subsection (1) shall be exercisable by statutory


instrument which shall be subject to annulment in pursuance of a resolution of the


House of Commons.’.



Anti-avoidance principle


Dr John Pugh


Mr Jeremy Browne




To move the following Clause:—



If, when determining the liability of a person to taxation, duty or similar charge


due under statute in the United Kingdom it shall be established 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 have been included for the sole,


principal, main or explicit purpose of securing a reduction in that liability to


taxation, duty 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 term of any legislation promoted for the specific purpose of


Notices of Amendments: 3 July 2009                     



Finance Bill, continued


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


resulting liability to taxation, duty or similar charge.



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.’.



Office of Tax Simplification


Mr Mark Hoban


Mr David Gauke


Mr Greg Hands




To move the following Clause:—



The Treasury shall establish an Office of Tax Simplification.



Its mandate shall be to—



review tax law



make proposals on tax law reform and simplification.



Regulations shall specify the governance arrangements of the Office of Tax





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


before, and approved by a resolution of, the House of Commons.’.



Holiday accommodation report


Mr Mark Hoban


Mr David Gauke


Mr Greg Hands




To move the following Clause:—



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—



section 503 of ICTA, and



Chapter 6 of Part 3 of ITTOIA 2005,



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



Any such report shall address the impact on the UK tourism industry.



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





Notices of Amendments: 3 July 2009                     



Finance Bill, continued


Pre-commencement notification


Stewart Hosie




To move the following Clause:—



Part 7 of FA 2004 (disclosure of tax avoidance schemes) is amended as follows.



In section 308 (duties of promoter) after subsection (5) insert—



A person who is a promoter in relation to a notifiable proposal may seek


pre-commencement approval from HMRC as to whether the proposal is


in accordance with current legislation.



HMRC shall respond within a reasonable period of time to any request


for pre-commencement approval under subsection (5A).’.’.



Competitiveness of the tax system


Mr Mark Hoban


Mr David Gauke


Mr Greg Hands




To move the following Clause:—


‘Prior to the first reading of a Finance Bill, the Treasury will lay before


Parliament a report on the impact on the competitiveness of UK economy of—



the measures set out in that Finance Bill,



the rates of—



corporation tax,



income tax,



national insurance,



capital gains tax,



excise duties, and



vehicle excise duties,



the complexity of the tax system, and



the relationship between the HMRC and the taxpayer.’.



Pension death benefits in higher education


Mr Frank Field




To move the following Clause:—



Section 15 of FA 2004 (meaning of “dependant”) is amended as follows.



In subsection (2)(a) at end insert—

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