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46. Deductions for employee liabilities
(1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
(2) In section 346 (deduction for employee liabilities), after subsection (2) insert—
“(2A) Nor is a deduction allowed for a payment which falls within paragraph A, B or C if the payment is made in pursuance of arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax.”
“556A Deductible payments made pursuant to tax avoidance arrangements
No deduction may be made under section 555 if the deductible payment is made in pursuance of arrangements the main purpose, or one of the main purposes, of which is the avoidance of tax.”
(4).The amendments made by this Resolution have effect in relation to payments made on or after 12 January 2009 (irrespective of when the arrangements are made).
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
47. Employment loss relief
(1) In section 128 of the Income Tax Act 2007 (employment loss relief against general income), after subsection (5) insert—
“(5 A) No claim may be made in respect of the loss if and to the extent that it is made as a result of anything done in pursuance of arrangements the main purpose,
or one of the main purposes, of which is the avoidance of tax.”
(2) The amendment made by paragraph (1)—
(a) has effect in relation to a loss made in the tax year 2009-10 or a subsequent tax year, and
(b) has effect in relation to a loss made in the tax year 2008-09 if or to the extent that it is occasioned by an act or omission occurring on or after 12 January 2009.
(3) Where a person has made a claim under section 128 of the Income Tax Act 2007 during the relevant period, no penalty is payable by the person on the ground that any return, statement or declaration made in connection with the claim contained an inaccuracy if it would not have done so but for the amendment made by paragraph (1).
For this purpose “the relevant period” is the period—
(a) beginning with 12 January 2009, and
(4).Subsection (2) of section 59C of the Taxes Management Act 1970 (surcharge on unpaid tax) has effect in relation to tax which would not be payable but for the amendment made by paragraph (1) as if the reference in that paragraph to the due date were to the later of 1 April 2009 and the due date.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
48. Losses from contracts for life insurance etc
That provision (including provision having retrospective effect) may be made about losses under Chapter 9 of Part 4 of the Income Tax (Trading and Other Income) Act 2005.
49. Intangible fixed assets
That provision may be made amending Part 8 of the Corporation Tax Act 2009.
50. Taxable benefits in respect of accommodation
That provision may be made about the calculation of the cost of providing living accommodation in cases involving lease premiums.
51. Special annual allowance charge in respect of pensions
That provision may be made for and in connection with a special annual allowance charge in respect of pensions.
52. Financial assistance scheme
That provision may be made about the financial assistance scheme provided for by regulations under section 286 of the Pensions Act 2004.
53. FSCS intervention in insurance in connection with pensions
That provision may be made about interventions under the Financial Services Compensation Scheme in relation to insurance in connection with registered pension schemes.
54. Value added tax (place of supply of services)
That provision may be made for determining, and otherwise in connection with, the place of supply of services for the purposes of value added tax.
55. Value added tax (repayments to those in business in other states)
That provision may be made amending section 39 of the Value Added Tax Act 1994.
56. Stamp duty land tax (exercise of collective rights by tenants of flats)
(1) Section 74 of the Finance Act 2003 (collective enfranchisement by leaseholders) is amended as follows.
(2) For subsection (1) substitute—
“(1) This section applies where a chargeable transaction is entered into by a person or persons nominated or appointed by qualifying tenants of flats contained in premises in exercise of—
(a) a right under Part 1 of the Landlord and Tenant Act 1987 (right of first refusal), or
(b) a right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (right to collective enfranchisement).”
(b) for “flats in respect of which the right of collective enfranchisement is being exercised” substitute “qualifying flats contained in the premises”.
(4).For subsection (4) substitute—
“flat” and “qualifying tenant” have the same meaning as in the Chapter or Part of the Act conferring the right being exercised;
“qualifying flat” means a flat that is held by a qualifying tenant who is participating in the exercise of the right.”
(5) For the heading substitute “Exercise of collective rights by tenants of flats”.
(6) Accordingly, in section 55(5) of that Act (amount of tax chargeable), for “collective enfranchisement by leaseholders” substitute “exercise of collective rights by tenants of flats”.
(7) The amendments made by this Resolution have effect in relation to transactions with an effective date on or after 22 April 2009.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
57. Stamp duty land tax (rent to shared ownership)
(1) In Schedule 9 to the Finance Act 2003 (stamp duty land tax: right to buy etc), insert at the end—
“ Rent to shared ownership lease: charge to tax
13 (1) The chargeable consideration for transactions forming part of a rent to shared ownership lease scheme is determined in accordance with this paragraph.
(2) A 2rent to shared ownership lease scheme” means a scheme or arrangement under which a qualifying body—
(a) grants an assured shorthold tenancy of a dwelling to a person (“the tenant”) or persons (“the tenants”), and
(b) subsequently grants a shared ownership lease of the dwelling or another dwelling to the tenant or one or more of the tenants.
(3) The following transactions are to be treated as if they were not linked to each other—
(a) the grant of the assured shorthold tenancy,
(b) the grant of the shared ownership lease, and
(c) any other land transaction between the qualifying body and the tenant, or any of the tenants, entered into as part of the scheme.
(4) For the purpose of determining the effective date of the grant of the shared ownership lease, the possession of the dwelling by the tenant or tenants pursuant to the assured shorthold tenancy is to be disregarded.
“assured shorthold tenancy” has the same meaning as in Part 1 of the Housing Act 1988;
“qualifying body” has the same meaning as in paragraph 5;
“shared ownership lease” has the same meaning as in paragraph 4A.
Rent to shared ownership trust: charge to tax
14 (1) The chargeable consideration for transactions forming part of a rent to shared ownership trust scheme is determined in accordance with this paragraph.
(2) A “rent to shared ownership trust scheme” means a scheme or arrangement under which—
(a) a qualifying body grants an assured shorthold tenancy of a dwelling to a person (“the tenant”) or persons (“the tenants”), and
(b) the tenant, or one or more of the tenants, subsequently becomes the purchaser under a shared ownership trust of the dwelling, or another dwelling, under which the qualifying body is the social landlord.
(3) The following transactions are to be treated as if they were not linked to each other—
(a) the grant of the assured shorthold tenancy,
(b) the declaration of the shared ownership trust, and
(c) any other land transaction between the qualifying body and the tenant, or any of the tenants, entered into as part of the scheme.
(4) For the purpose of determining the effective date of the declaration of the shared ownership trust, the possession of the dwelling by the tenant or tenants pursuant to the assured shorthold tenancy is to be disregarded.
“assured shorthold tenancy” has the same meaning as in Part 1 of the Housing Act 1988;
“qualifying body” has the same meaning as in paragraph 5;
“social landlord” and “purchaser”, in relation to a shared ownership trust, have the same meaning as in paragraph 7.”
(2) The amendment made by this Resolution has effect in relation to cases in which the effective date of the grant of the shared ownership lease or the declaration of the shared ownership trust is on or after 22 April 2009.
(3) Paragraphs 13(4) and 14(4) of Schedule 9 to the Finance Act 2003 (inserted by this Resolution) have effect for the purposes of paragraph (2).
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
58. Ring fence trades
That provision may be made about the taxation of ring fence trades.
59. Petroleum revenue tax
That provision may be made about petroleum revenue tax.
60. Recovery of overpaid tax
That provision may be made for and in connection with the recovery of overpaid tax.
61. Gaming participation fees
(1) Group 4 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: betting, gaming and lotteries) is amended as follows.
(2) In Note (1), omit paragraph (b) (granting of right to play game of chance not exempted unless within Note (5)).
(4) The Value Added Tax (Betting, Gaming and Lotteries) Order 2007 (S.I. 2007/ 2163)is revoked.
(a) in the Betting and Gaming Duties Act 1981, sections 19(3)(b) and 26E(2), and
(b) in the Finance Act 1997, section 1 l(9)(a).
(6) The amendments made by this Resolution come into force on 27 April 2009.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
62. Gaming duty
(1) The Finance Act 1997 is amended as follows.
(2) Section 10 (gaming duty) is amended as follows.
(3) For subsection (2) substitute—
“(2) Subject as follows, this section applies to—
(4) In subsection (3)(e), after “Article” insert “77,”.
(5) After subsection (3A) insert—
“(3AA) This section does not apply to the playing of a game in respect of which bingo duty or lottery duty is chargeable or would be chargeable but for an express exception.”
(6) In subsection (3C)(a), after “in” insert “organising or”.
(7) For subsection (4) substitute—
“(4) This section does not apply—
(a) in Great Britain, to the playing of a game where the provision of facilities for its playing falls within section 269 of the Gambling Act 2005 (equal chance gaming at members’ or commercial clubs and miners’ welfare institutes), or
(b) in Northern Ireland, to the playing of a game to which Article 128 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (certain clubs) applies.”
(8) In subsection (5), for “add to the games mentioned in subsection (2) above” substitute “provide that any specified game is or is not to be a casino game or equal chance gaming for the purposes of this section”.
(9) In subsection (6), for “this section, or in an order under subsection (5) above,” substitute “an order under subsection (5) above”.
(10) Section 14 (subordinate legislation) is amended as follows.
(11) In subsection (2), for “or 11(11)” substitute “providing that any game is to be a casino game or equal chance gaming or any order under section 11(11)”.
“(4) A statutory instrument containing an order under section 10(5) that does not provide for any game to be a casino game or equal chance gaming subject to annulment in pursuance of a resolution of the House of Commons.”
(13) Section 15(3) (interpretation) is amended as follows.
(14) After the definition of “accounting period” insert—
““casino games” means games of chance which are not equal chance gaming (but subject to any order under section 10(5));”.
(15).After the definition of “dutiable gaming” insert—
(a) in Great Britain, means gaming which does not involve playing or staking against a bank (however described, and whether or not controlled or administered by a player) and in which the chances are equally favourable to all participants, and
(b) in Northern Ireland, means gaming in respect of which none of the conditions specified in Article 55 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 is fulfilled,
(but subject to any order under section 10(5));.
(16) In consequence of the preceding provisions, omit—
(a) in the Finance Act 2002, section 11,
(b) in the Finance Act 2007, in Schedule 25, paragraph 17(4).
(17) The amendments made by this Resolution are to be treated as having come into force on 27 April 2009.
(18) But those amendments do not give rise to a duty under paragraph 6(3)(a) of Schedule 1 to the Finance Act 1997 (requirement to notify premises) before 25 May 2009.
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
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