Finance Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Finance Bill

Finance Bill
Schedule 2 — Supplementary charge to VAT
Part 5 — Administration and interpretation
18

“Basic time of supply”: listed supplies
19    (1)
For the purposes of this Schedule, in relation to a listed supply, “the basic
time of supply” is the end of the period to which the VAT invoice or
payment mentioned in paragraph 18(1) relates, except as provided in sub-
paragraphs (2) and (4).
5
      (2)
Where the person making the supply issues an invoice—
(a)
in respect of part of the listed supply to which the VAT invoice or
payment mentioned in paragraph 18(1) relates, and
(b)
for a period (a “billing period”) ending before the end of the period
to which that VAT invoice or payment relates,
10

“the basic time of supply”, in relation to that part of the supply, is the end of
the billing period.
      (3)
For the purposes of sub-paragraph (2), the listed supply (and the
consideration for the supply) must be apportioned between periods on a just
and reasonable basis.
15
      (4)
Where a listed supply is treated as taking place by virtue of—
(a)
the issue by the person making the supply of a VAT invoice relating
to a premium for the grant of a tenancy or lease, or
(b)
the receipt by the person making the supply of such a premium,

“the basic time of supply” is the date of the grant of the tenancy or lease.
20
Part 5
Administration and interpretation
Person ceasing to be taxable person before supplementary charge due
20    (1)
This paragraph applies if, on the date on which a supplementary charge
under this Schedule becomes due (“the due date”), the person who is liable
25
to pay the charge under paragraph 16 is not a taxable person.
      (2)
The supplementary charge must be accounted for by that person in
accordance with VATA 1994 (and regulations made under that Act) as if it
were VAT due in the last period for which the person was required to make
a return by or under VATA 1994.
30
      (3)
If an amount assessed as due by way of supplementary charge under this
Schedule would (in the absence of this sub-paragraph) carry interest from a
date earlier than the due date, it is to be treated as only carrying interest from
the due date.
Adjustment of contracts following the VAT change
35
21    (1)
This paragraph applies where—
(a)
a contract for the supply of goods or services is made before the date
of the VAT change, and
(b)
there is a supplementary charge under this Schedule on the supply.
      (2)
The consideration for the supply is to be increased by an amount equal to the
40
supplementary charge, unless the contract provides otherwise.

Finance Bill
Schedule 3 — Pensions: treatment of persons at age 75
19

Invoices
22
Regulations under paragraph 2A of Schedule 11 to VATA 1994 (VAT
invoices) may make provision about the provision, replacement or
correction of invoices in connection with a supplementary charge under this
Schedule.
5
Orders under this Schedule
23    (1)
An order under this Schedule is to be made by statutory instrument.
      (2)
A statutory instrument containing an order under this Schedule is subject to
annulment in pursuance of a resolution of the House of Commons, unless it
is an instrument to which sub-paragraph (4) applies.
10
      (3)
Sub-paragraph (4) applies to a statutory instrument containing an order
made under paragraph 10 (or under that paragraph and under other
provisions) which extends the supplies that are subject to a supplementary
charge under this Schedule.
      (4)
An instrument to which this sub-paragraph applies—
15
(a)
must be laid before the House of Commons, and
(b)
ceases to have effect at the end of the period of 28 days beginning
with the day on which it was made unless it is approved during that
period by a resolution of the House of Commons.
      (5)
In reckoning the period of 28 days no account is to be taken of any time
20
during which Parliament is dissolved or prorogued or during which the
House of Commons is adjourned for more than 4 days.
      (6)
The order ceasing to have effect does not affect—
(a)
anything previously done under it, or
(b)
the making of a new order.
25
Interpretation: general
24    (1)
Expressions used in this Schedule and in VATA 1994 have the same meaning
in this Schedule as in that Act.
      (2)
In this Schedule—
(a)
“treated as taking place” means treated as taking place for the
30
purposes of the charge to VAT, and
(b)
references to the person by or to whom a supply is made (however
expressed) are to the person by or to whom the supply is treated as
being made for the purposes of VATA 1994.
Schedule 3
35
Section 6

Pensions: treatment of persons at age 75
Introductory
1
This Schedule applies to persons who reach the age of 75 on or after 22 June
2010.

Finance Bill
Schedule 3 — Pensions: treatment of persons at age 75
20

Pension rules applying at age 77 instead of age 75
2     (1)
The provisions of FA 2004 listed in sub-paragraph (2) have effect in relation
to a person to whom this Schedule applies as if—
(a)
any reference in those provisions to the age of 75 were a reference to
the age of 77, and
5
(b)
any reference in those provisions to a person’s 75th birthday were a
reference to a person’s 77th birthday.
      (2)
The provisions are—
(a)
in section 165 (pension rules), pension rules 4 and 6;
(b)
in Part 1 of Schedule 28 (pension rules)—
10
(i)
paragraph 7 (meaning of “income withdrawal”);
(ii)
paragraph 9(2) (unsecured pension year);
(iii)
paragraph 11(2) to (4) (member’s alternatively secured
pension fund);
(c)
in section 167 (pension death benefit rules), pension death benefit
15
rules 3 and 5;
(d)
in Part 2 of Schedule 28 (pension death benefit rules)—
(i)
paragraph 21 (meaning of “dependants’ income
withdrawal”);
(ii)
paragraph 23(2) (unsecured pension year);
20
(iii)
paragraph 25 (dependant’s alternatively secured pension
fund);
(e)
paragraph 17 of Schedule 29 (unsecured pension fund lump sum
death benefit).
3     (1)
In paragraphs 6 and 20 of Schedule 28 to FA 2004 (short-term annuities), sub-
25
paragraph (1) has effect in relation to an annuity to which this paragraph
applies as if the reference in paragraph (d) of that sub-paragraph to the age
of 75 were a reference to the age of 77.
      (2)
This paragraph applies to an annuity that—
(a)
is purchased on or after 22 June 2010, and
30
(b)
is payable to a person to whom this Schedule applies.
4
Sub-paragraphs (6) and (7) of paragraph 11 of Schedule 28 to FA 2004 (cases
where member’s whereabouts are unknown at age 75) have effect in relation
to a person to whom this Schedule applies as if—
(a)
any reference in sub-paragraphs (6)(a) and (7) to the age of 75 were a
35
reference to the age of 77, and
(b)
for paragraph (b) of sub-paragraph (6) there were substituted—
“(b)
paragraph 8(2) applied in relation to the member
and the arrangement at the time when the member
reached the age of 75 and none of the sums or assets
40
held for the purposes of the arrangement were
member-designated funds immediately before it
applied.”
Treatment of lump sums to which persons become entitled at age 75
5
Where, by virtue of the operation of sub-paragraph (2) of paragraph 8 of
45
Schedule 28 to FA 2004 (automatic designation of funds as available for

Finance Bill
Schedule 3 — Pensions: treatment of persons at age 75
21

payment of unsecured pension at age 75), a person to whom this Schedule
applies becomes entitled to a pension under an arrangement, the amount of
any lump sum to which the person becomes entitled in connection with the
pension does not form part of any relevant uncrystallised funds for the
purposes of that sub-paragraph.
5
6     (1)
Despite paragraph 5, the amount crystallised by benefit crystallisation event
1 in section 216 of FA 2004 (benefit crystallisation events and amounts
crystallised) is to be taken to include the amount of any such lump sum
(regardless of whether or not it has been paid to the person).
      (2)
Accordingly, the person becoming entitled to such a lump sum is not a
10
benefit crystallisation event under that section.
7
Paragraph 1 of Schedule 29 to FA 2004 (pension commencement lump sum)
has effect in relation to any such lump sum as if in sub-paragraph (3)(b) the
words “otherwise than by virtue of the operation of paragraph 8(2) of
Schedule 28” were omitted.
15
8     (1)
If there are any remaining uncrystallised funds at the end of the period
referred to in paragraph 1(1)(c) of Schedule 29 to FA 2004 (period for
payment of pension commencement lump sum), they are to be treated, for
the purposes of paragraph 8 of Schedule 28 to that Act, as having been
designated under the arrangement as available for the payment of
20
unsecured pension at that time.
      (2)
If the person dies before the end of that period, any remaining uncrystallised
funds are to be treated, for the purposes of paragraph 8 of Schedule 28 to FA
2004, as having been designated under the arrangement as available for the
payment of unsecured pension immediately before the person’s death.
25
      (3)
“Remaining uncrystallised funds” means such of the sums and assets held
for the purposes of the arrangement as are not member-designated funds
and have not been applied towards the provision of a scheme pension or a
dependants’ scheme pension.
Application of rules of pension schemes
30
9     (1)
For the purposes of any provision (however framed) that is included in the
rules of a registered pension scheme in consequence of any provision of FA
2004 mentioned in paragraphs 2 to 4, the trustees or managers of the pension
scheme may treat any relevant person as if the person had not reached the
age of 75.
35
      (2)
A “relevant person” is a person—
(a)
to whom this Schedule applies, and
(b)
who has not reached the age of 77.
      (3)
Where the trustees or managers of a registered pension scheme so
determine, the rules of the pension scheme are to be treated as conferring on
40
any person to whom this Schedule applies an entitlement to a lump sum in
connection with a pension of the kind mentioned in paragraph 5.
Interpretation
10
Any term used in this Schedule and in Part 4 of FA 2004 has the same
meaning in this Schedule as it has in that Part.
45