Finance Act 1984
Part I — Customs and Excise, Value Added Tax and Car Tax
CHAPTER I — Customs and Excise
Unpaid car tax and value added tax: distress and poinding.
1
- (1) In section 5 of the Alcoholic Liquor Duties Act 1979 (excise duty on spirits) for “£15.19" there shall be substituted “ £ 15.48 ”.
- (2) In section 36 of that Act (excise duty on beer) for “£21.60" and “£0.72" there shall be substituted “ £24.00 ” and “ £0.80 ” respectively.
- (3) For the provisions of Schedule 1 to that Act (rates of excise duty on wine) there shall be substituted the provisions of Schedule 1 to this Act.
- (4) The rates of duty on made-wine shall be the same as those on wine and, accordingly, in section 55(1) of that Act for the words “ Schedule 2" there shall be substituted the words “ Schedule 1 ”.
- (5) In section 62(1) of that Act (excise duty on cider) for “£9.69" there shall be substituted “ £14.28 ” ....
- (6) This section, and Schedule 1 to this Act, other than the paragraphs headed “Interpretation", shall be deemed to have come into force on 14th March 1984.
Tobacco products
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Hydrocarbon oil
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- (1) In section 6(1) of the Hydrocarbon Oil Duties Act 1979 (rates of duty on hydrocarbon oil) for “£0.1630" (light oil) and “£0.1382" (heavy oil) there shall be substituted “ £0.1716 ” and “ £0.1448 ” respectively.
- (2) In section 11(1)(a) of that Act (rebate on kerosene, other than aviation turbine fuel) for the words “of £0.0022 a litre less than" there shall be substituted the words “ equal to ”.
- (3) This section shall be deemed to have come into force at 6’oclock in the evening of 13th March 1984.
Vehicles excise duty
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- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles excise duty: recipients of mobility supplement
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- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gaming licence duty
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- (1) In section 14 of the Betting and Gaming Duties Act 1981 (rate of gaming licence duty), for the Table set out in subsection (1) there shall be substituted the following Table—
| Part of gross gaming yield | Rate |
|---|---|
| The first £375,000 | 2½ per cent. |
| The next £1,875,000 | 12½ per cent. |
| The next £2,250,000 | 25 per cent. |
| The remainder | 33⅓ per cent. |
- (2) This section shall have effect in relation to gaming licences for any period beginning after 31st March 1984.
Gaming machine licence duty
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- (1) For the purpose of providing for gaming machine licences to be granted, in certain circumstances, in respect of gaming machines instead of in respect of premises and of providing for whole-year gaming machine licences granted in respect of premises to run from different dates in different parts of Great Britain, the Betting and Gaming Duties Act 1981 shall have effect subject to the amendments set out in Schedule 3 to this Act.
- (2) The amendments made by Part I of Schedule 3 shall not have effect in relation to any licence granted for a period beginning before 1st October 1984; and the Act of 1981 shall have effect subject to Part II of Schedule 3 (which makes transitional provision in relation to certain licences first having effect after 30th September 1984 but before 1st February 1986).
Free zones
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The provisions set out in Part I of Schedule 4 to this Act (which provide for special areas, to be known as free zones, to be designated for customs and excise purposes) shall be inserted in the Customs and Excise Management Act 1979 after Part VIII as a new Part VIIIA, and that Act shall have effect with the amendments specified in Part II of that Schedule (which also relate to free zones).
Entry of goods on importation
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- (1) The Customs and Excise Management Act 1979 shall have effect with the amendments specified in Schedule 5 to this Act, being amendments relating to the entry of goods on importation.
- (2) Paragraph 1 of that Schedule shall come into force on 1st January 1985.
CHAPTER II — Value Added Tax
Zero-rating
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Refund of tax to Government departments etc. in certain cases
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Conditions imposed on discretionary registration
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Certain zero-rated supplies and transactions
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CHAPTER III — Miscellaneous
Reliefs from duty and value added tax in respect of imported legacies
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- (1) For section 7 of the Customs and Excise Duties (General Reliefs) Act 1979 (relief from customs or excise duty on imported legacies) there shall be substituted—
(7) (1) The Commissioners may by order make provision for conferring reliefs from duty and value added tax in respect of goods imported into the United Kingdom by or for any person who has become entitled to them as legatee. (2) Any such relief may take the form either of an exemption from payment of duty and tax or of a provision whereby the sum payable by way of duty or tax is less than it would otherwise be. (3) The Commissioners may by order make provision supplementing any Community relief, in such manner as they think necessary or expedient. (4) An order under this section— (a) may make any relief for which it provides or any Community relief subject to conditions, including conditions which are to be complied with after the importation of the goods to which the relief applies; (b) may, in relation to any relief conferred by order made under this section, contain such incidental and supplementary provisions as the Commissioners think necessary or expedient; and (c) may make different provision for different cases. (5) In this section— “Community relief” means any relief which is conferred by an EU instrument and is of a kind, or of a kind similar to that, which could otherwise be conferred by order made under this section; “duty” means customs or excise duty chargeable on goods imported into the United Kingdom and, in the case of excise duty, includes any addition to the duty by virtue of section 1 of the Excise Duties (Surcharges or Rebates) Act 1979; “legatee” means any person taking under a testamentary disposition or donation mortis causa or on an intestacy; and “value added tax” means value added tax chargeable on the importation of goods.
- (2) In section 17 of the Customs and Excise Duties (General Reliefs) Act 1979 (parliamentary control of orders and regulations), in subsection (3), after the figure “4"there shall be inserted “ 7 ”.
- (3) This section shall be deemed to have come into force on 1st July 1984.
Extension to certain Community reliefs of power to make supplementary provision
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- (1) Section 13 of the Customs and Excise Duties (General Reliefs) Act 1979 (orders providing for personal reliefs from duties etc.) shall be amended as provided by subsections (2) to (5) below.
- (2) After subsection (1) there shall be inserted the following subsection—
(1A) The Commissioners may by order make provision supplementing any Community relief, in such manner as they think necessary or expedient.
- (3) In subsection (3)(a), after the word “provides" there shall be inserted the words “ , or any Community relief ”.
- (4) In subsection (3)(b), after the word “may" there shall be inserted the words “ , in relation to any relief conferred by order made under this section, ”.
- (5) In subsection (4) there shall be inserted at the appropriate place—
“Community relief” means any relief which is conferred by an EU instrument and is of a kind, or of a kind similar to that, which could otherwise be conferred by order made under this section;.
- (6) In section 17 of the Customs and Excise Duties (General Reliefs) Act 1979 (parliamentary control of orders and regulations), in subsection (4), after the figure “13" there shall be inserted “ (1) ”.
- (7) In the Isle of Man Act 1979—
- (a) in section 8 (removal of goods from Isle of Man to United Kingdom), in subsection (3), the words “ or under any EU instrument ” shall be inserted after the words “imported goods)" and the words “ or under the EU instrument in question ” shall be added at the end; and
- (b) in section 9 (removal of goods from United Kingdom to Isle of Man), in subsection (5), the words “ or under any EU instrument ” shall be added at the end.
- (8) This section shall be deemed to have come into force on 31st March 1984.
Unpaid car tax and value added tax: distress and poinding
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PART II — INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX ETC.
CHAPTER I — General
Charge of income tax for 1984-85
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Corporation tax for financial years 1983 to 1986: charge, rates and consequential provisions
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- (1) Corporation tax shall be charged for each of the financial years specified in the first column of the table in subsection (3) below at the rate specified in the second column of that table.
- (2) The fraction by which, under section 93(2) of the Finance Act 1972, chargeable gains are to be reduced before they are for the purposes of corporation tax included in the profits of a company shall, for each of the financial years specified in the first column of the table in subsection (3) below, be the fraction specified in the third column of that table (instead of the fraction specified in section 10(1)(a) of the Finance Act 1974).
- (3) The table referred to in subsections (1) and (2) above is as follows:—
| Financial year | Rate of tax | Reducing fraction |
|---|---|---|
| 1983 | 50 per cent. | Two-fifths |
| 1984 | 45 per cent. | One-third |
| 1985 | 40 per cent. | One-quarter |
| 1986 | 35 per cent. | One-seventh |
- (4) In section 310 of the Taxes Act, subsections (1), (2) and (4) (relief for insurance companies where rate of corporation tax exceeds 37.5 per cent.) shall not have effect with respect to the financial year 1986 or any subsequent financial year.
- (5) After subsection (6) of the said section 310 there shall be inserted the following subsection:—
(7) For the purposes of subsection (6) above, ' unrelieved income ' means income which has not been excluded from charge to tax by virtue of any provision and against which no relief has been allowed by deduction or set-off
.
- (6) With respect to the financial year 1986 and subsequent financial years, in paragraph 2(4) of Schedule 18 to the Finance Act 1972 (which refers to a particular part of unrelieved income) for the words from "subsection (4)" onwards there shall be substituted the words " subsection (7) of that section) from investments held in connection with the company's life assurance business ".
Rate of advance corporation tax for financial year 1984
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The rate of advance corporation tax for the financial year 1984 shall be three-sevenths.
Corporation tax: other rates and fractions
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- (1) The small companies rate for each of the financial years 1983 to 1986 shall be 30 per cent.
- (2) For each of the financial years specified in the first column of the table set out below the fraction mentioned in subsection (2) of section 95 of the Finance Act 1972 (marginal relief for small companies) shall be the fraction specified in the second column of that table:—
| Financial year | Marginal relief fraction |
|---|---|
| 1983 | One-twentieth |
| 1984 | Three-eightieths |
| 1985 | One-fortieth |
| 1986 | One-eightieth. |
- (3) In section 10(3) of the Finance Act 1974 (which fixed for the purposes of section 96 of the Finance Act 1972 the special rate for certain industrial and provident societies, housing associations and building societies) after the words " subsequent years " there shall be inserted the words " up to and including the financial year 1984 " ; and the said section 96 shall not have effect with respect to the financial year 1985 or any subsequent financial year.
- (4) In any case where the said section 96 has effect in relation to one part of an accounting period of a body to which that section applies but, by virtue of subsection (3) above, does not have effect with respect to the other part—
- (a) those parts of that accounting period shall be treated for the purposes of that section as if they were separate accounting periods; and
- (b) the income of the body for that period (as defined in that section) shall be apportioned between those parts.
Personal reliefs
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- (1) Section 24(5) of the Finance Act 1980 (increase of personal reliefs) shall not apply for the year 1984-85.
- (2) In section 8 of the Taxes Act (personal reliefs)—
- (a) in subsection (1)(a) (married) for " £2,795 " there shall be substituted " £3,155 ";
- (b) in subsection (1)(b) (single) and (2) (wife's earned income relief) for "£1,785 " there shall be substituted " £2,005 ";
- (c) in subsection (1A) (age allowance) for " £3,755 " and " £2,360 " there shall be substituted " £3,955 " and " £2,490 " respectively ; and
- (d) in subsection (1B) (income limit for age allowance) for " £7,600 " there shall be substituted " £8,100 ".
Relief for interest
22
- (1) In paragraph 5 of Schedule 1 to the Finance Act 1974 (1imit on relief for interest on certain loans for the purchase or improvement of land)—
- (a) in sub-paragraph (1), for the words from " that is to say" to " reduced" there shall be substituted the words " that is to say, the qualifying maximum for the year of assessment, reduced "; and
- (b) in paragraph (b) of that sub-paragraph, for the words from " below " to " more " there shall be substituted the words " below is equal to or exceeds the qualifying maximum for the year of assessment "; and
- (c) after that sub-paragraph there shall be inserted the following sub-paragraph:—
(1A) In this Schedule references to the qualifying maximum for any year of assessment are references to such sum as Parliament may determine for the purpose for that year.
- (2) In paragraph 6 of that Schedule (continuing relief for an existing home loan where the borrower raises a new loan to purchase another home in which he takes up residence) after sub-paragraph (1) there shall be inserted the following sub-paragraph:—
(1A) Where Part I of Schedule 9 to the Finance Act 1972 continues to apply to a loan by virtue of sub-paragraph (1)(a) above, paragraph 5 above shall also continue to have effect in relation to the loan as if that Part applied to it by virtue of paragraph 4(1)(a) above.
- (3) In paragraph 24 of that Schedule (loans to purchase life annuities), in sub-paragraph (3), for the amounts of money there specified (which, by virtue of section 3(2) of the Finance (No. 2) Act 1983, are £30,000 for the year 1983-84) there shall be substituted in both places the words " the qualifying maximum for the year of assessment ".
- (4) For the year 1984-85 the qualifying maximum referred to in paragraphs 5(1) and 24(3) of Schedule 1 to the Finance Act 1974 shall be £30,000.
- (5) Subsections (1) to (3) above have effect with respect to the year 1984-85 and subsequent years of assessment
Variation of terms of repayment of certain loans
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- (1) If, in a case where subsection (1) of section 28 of the Finance Act 1982 applies (variation of combined payments where loan interest payable under deduction of tax),—
- (a) on or after the date on which this Act is passed, the qualifying lender concerned gives notice to the qualifying borrower under subsection (2)(a) of that section, and
- (b) the qualifying borrower gives a notice under subsection (2)(b) of that section,
then subsection (4)(b) of that section (which determines the maximum amount of each combined payment where the qualifying borrower has given such a notice) shall have effect subject to the modifications in subsection (2) below.
- (2) The modifications of the said subsection (4)(b) referred to in subsection (1) above are—
- (a) for the words " first combined payment payable by the borrower after the date referred to in subsection (1)(c) above " there shall be substituted the words " combined payment payable by the borrower on the effective date of the notice under subsection (2)(a) above "; and
- (b) for the words " year 1983-84 " there shall be substituted the words " year of assessment in which that effective date falls ".
- (3) After subsection (4) of the said section 28 there shall be inserted the following subsection:—
(4A) For the purposes of subsection (4)(b) above, the effective date of a notice under subsection (2)(a) above is the date which, in accordance with regulations, is the due date for the first combined payment which, in consequence of that notice and the notice under subsection (2)(b) above, is a net payment for the purposes of subsection (3)(b) above.
- (4) In subsection (1) above " qualifying lender ", " qualifying borrower " and " combined payment " have the same meaning as in section 28 of the Finance Act 1982.
Relief for interest: money borrowed for investment in employee-controlled company
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- (1) Paragraph 10D of Schedule 1 to the Finance Act 1974 (1oans applied in investing in employee-controlled companies) shall be amended as follows.
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