1075

House of Commons

Notices of Amendments

given up to and including

Friday 3 July 2009

New Amendments handed in are marked thus

Consideration of Bill

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Finance Bill, As Amended

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New Clauses

Transfers of trade to obtain terminal loss relief

Mr Chancellor of the Exchequer

NC8

To move the following Clause:—

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

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

“(2E)

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

ceasing to carry on a trade if—

(a)	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

(b)	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.”

(2)	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

1076

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

Nc1

To move the following Clause:—

‘(1)	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.

(2)	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.

(3)	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

Nc2

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 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

1077

Finance Bill, continued

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.’.

Office of Tax Simplification

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

NC3

To move the following Clause:—

‘(1)	The Treasury shall establish an Office of Tax Simplification.

(2)	Its mandate shall be to—

(a)	review tax law

(b)	make proposals on tax law reform and simplification.

(3)	Regulations shall specify the governance arrangements of the Office of Tax

Simplification.

(4)	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

NC4

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

(3)	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.’.

Notices of Amendments: 3 July 2009

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Finance Bill, continued

Pre-commencement notification

Stewart Hosie

NC5

To move the following Clause:—

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

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

“(5A)

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.

(5B)	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

NC6

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—

(a)	the measures set out in that Finance Bill,

(b)	the rates of—

(i)	corporation tax,

(ii)	income tax,

(iii)

national insurance,

(iv)	capital gains tax,

(v)	excise duties, and

(vi)	vehicle excise duties,

(c)	the complexity of the tax system, and

(d)	the relationship between the HMRC and the taxpayer.’.

Pension death benefits in higher education

Mr Frank Field

NC7

To move the following Clause:—

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

(2)	In subsection (2)(a) at end insert—

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Revised 6 July 2009