Part I — Customs and Excise and Value Added Tax
Chapter I — Customs and Excise
The rates of duty
Spirits, beer, wine, made-wine and cider
1
- (1) In section 5 of the Alcoholic Liquor Duties Act 1979 (excise duty on spirits) for “£15.48” there shall be substituted “£15.77”.
- (2) In section 36 of that Act (excise duty on beer) for “£24.00” and “£0.80” there shall be substituted “£25.80” and “£0.86” respectively.
- (3) For the Table of rates of duty in Schedule 1 to that Act (wine and made-wine) there shall be substituted the Table in Schedule 1 to this Act.
- (4) With respect to wine or made-wine imported into or produced in the United Kingdom on or after 29th July 1985, Schedule 1 to this Act shall have effect with the substitution—
- (a) for the words “of less than 15”, in each place where they occur, of the words “not exceeding 15”; and
- (b) for the words “of not less than 15” of the words “exceeding 15”.
- (5) In section 62(1) of that Act (excise duty on cider) for “£14.28” there shall be substituted “£15.80”.
- (6) This section and Schedule 1 to this Act shall be deemed to have come into force on 20th March 1985.
Tobacco products
2
Hydrocarbon oil
3
- (1) In section 6(1) of the Hydrocarbon Oil Duties Act 1979 (rates of duty on hydrocarbon oil) for “£0.1716” (light oil) and “£0.1448” (heavy oil) there shall be substituted “£0.1794” and “£0.1515” respectively.
- (2) This section shall be deemed to have come into force at 6 o’clock in the evening of 19th March 1985.
Vehicles excise duty
4
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions
Blending of certain wines to constitute production of wine
5
- (1) In section 54 of the Alcoholic Liquor Duties Act 1979 (charge of excise duty on wine) at the end of subsection (3) there shall be inserted the following subsections:—
(3A) For the purposes of this Act, the process of blending or otherwise mixing two or more wines (in this subsection referred to as “the constituent wines”) constitutes the production of wine if— (a) the rate of duty applicable to one of the constituent wines is different from that applicable to the other or, as the case may be, at least one of the others; and (b) the rate of duty applicable to the wine which is the product of the blending or other mixing is higher than that which is applicable to at least one of the constituent wines; and (c) the blending or other mixing is with a view to dealing wholesale in the wine is the product thereof; and for the purposes of this subsection the rate of duty applicable to any wine is that which is or would be chargeable under subsection (1) above on its importation into the United Kindgom or, as the case may be, on its production as mentioned in paragraph (b) of that subsection. (3B) Where, by virtue of subsection (3A) above, wine is produced in the United Kingdom, duty shall be chargeable on that wine by virtue of paragraph (b) of subsection (1) above whether or not duty was previously charged on all or any of the constituent wines by virtue of paragraph (a) or paragraph (b) of that subsection; but nothing in this subsection shall affect the operation of any regulations under section 56 below giving relief from duty on wine so produced by reference to duty charged on all or any of the constituent wines.
- (2) Subsection (1) above has effect in relation to the blending or otherwise mixing of wines on or after 26th March 1985.
Miscellaneous amendments relating to spirits and beer
6
- (1) The Alcoholic Liquor Duties Act 1979 shall have effect subject to the amendments in Schedule 3 to this Act (being amendments relating to spirits and beer).
- (2) Paragraphs 3 and 4 of Schedule 3 to this Act shall come into operation on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint; and a different day may be so appointed for each of those paragraphs.
Hydrocarbon oil: mixing etc.
7
- (1) Schedule 4 to this Act (which contains provisions about mixing hydrocarbon oil etc.) shall have effect.
- (2) That Schedule shall come into operation on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint.
Gaming machine licence duty
8
- (1) The Betting and Gaming Duties Act 1981 (in this section referred to as “the 1981 Act”) shall have effect subject to the amendments in Part I of Schedule 5 to this Act, being amendments designed—
- (a) enable the type of gaming machine licence which may be granted and the amount of duty payable thereon to be determined by reference to the value of the maximum prize obtainable by a successful player of the machine; and
- (b) to extend to Northern Ireland the provisions of the 1981 Act relating to gaming machine licence duty.
- (2) Part II of Schedule 5 to this Act shall have effect for the purpose of extending to Northern Ireland certain subordinate legislation made under the 1981 Act.
- (3) Nothing in Schedule 5 to this Act has effect with respect to licences granted or to be granted for any period beginning before 1st October 1985.
- (4) In consequence of the extension to Northern Ireland referred to in subsection (1)(b) above, no gaming machine licence shall be issued under Part V of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 in respect of any period beginning on or after 1st October 1985.
Vehicles excise duty: fees
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computer records etc.
10
- (1) Any provision made by or under any enactment which requires a person, in connection with any assigned matter,—
- (a) to produce, furnish or deliver any document, or cause any document to be produced, furnished or delivered, or
- (b) to permit the Commissioners of Customs and Excise (in this section referred to as “the Commissioners”) or a person authorised by them—
- (i) to inspect any document, or
- (ii) to make or take extracts from or copies of or remove any document,
shall have effect as if any reference in that provision to a document were a reference to anything in which information of any description is recorded and any reference to a copy of a document were a reference to anything onto which information recorded in the documenthas been copied, by whatever means and whether directly or indirectly
- (2) In connection with any assigned matter, a person authorised by the Commissioners to exercise the powers conferred by this subsection—
- (a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with any document to which this subsection applies; and
- (b) may require—
- (i) the person by whom or on whose behalf the computer is or has been so used, or
- (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such reasonable assistance as he may require for the purposes of paragraph (a) above.
- (3) Subsection (2) above applies to any document , within the meaning given by subsection(1) above, which, in connection with any assigned matter,a person is or may be required by or under any enactment—
- (a) to produce, furnish or deliver, or cause to be produced, furnished or delivered; or
- (b) to permit the Commissioners or a person authorised by them to inspect, make or take extracts from or copies of or remove.
- (4) Any person who—
- (a) obstructs a person authorised under subsection (2) above in the exercise of his powers under paragraph (a) of that subsection, or
- (b) without reasonable excuse fails to comply within a reasonable time with a requirement under paragraph (b) of that subsection,
shall be liable on summary conviction to a penalty of level 4 on the standard scale . . ..
- (5) In each of the enactments mentioned in subsection (6) below (which create offences in relation, among other matters, to false documents) “document” shall have the meaning given by subsection (1) above.
- (6) The enactments referred to in subsection (5) above are—
- (a) paragraph 4(1) of Schedule 1 to the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (false statements and documents in connection with pool betting duty);
- (b) paragraph 8(1) of Schedule 2 to that Act (false statements and documents in connection with general betting duty);
- (c) section 167 of the Customs and Excise Management Act 1979 (untrue declarations etc.);
- (d) section 168 of that Act (counterfeit documents etc.);
- (e) section 15 of the Customs and Excise Duties (General Reliefs) Act 1979 (false statements and documents in connection with reliefs);
- (f) paragraph 13(3) of Schedule 1 to the Betting and Gaming Duties Act 1981 (false statements and documents in connection with betting duty);
- (g) paragraph 7(3) of Schedule 2 to that Act (false statements and documents in connection with gaming licence duty);
- (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) In this section “assigned matter” means any matter which is an assigned matter for the purposes of the Customs and Excise Management Act 1979.
Chapter II — Value Added Tax
Newspaper advertisements
Newspaper advertisements
11
Offences etc.
Offences and penalties in criminal proceedings
12
Civil penalties
Tax evasion: conduct involving dishonesty
13
Serious misdeclaration or neglect resulting in understatements or overclaims
14
Failures to notify and unauthorised issue of invoices
15
Breaches of walking possession agreements
16
Breaches of regulatory provisions
17
Interest, surcharges and supplements
Interest on tax etc. recovered or recoverable by assessment
18
The default surcharge
19
Repayment supplement in respect of certain delayed payments
20
Assessments, records and information
Assessment of amounts due by way of penalty, interest or surcharge
21
Assessments: time limits and supplementary assessments
22
Amendments of Schedule 7 to the principal Act
23
Appeals
Amendments of section 40 of the principal Act
24
Settling appeals by agreement
25
Certain appeals to lie directly to the Court of Appeal
26
Procedural rules governing appeals
27
Miscellaneous
Penalty for failure to comply with directions etc. of tribunal
28
Enforcement of certain decisions of tribunal
29
Appointments to and administration of tribunals
30
Insolvency
31
Refund of tax in cases of bad debts
32
Interpretation and construction of Chapter II
33
Part II — Income Tax, Corporation Tax and Capital Gains Tax
Chapter I — General
Charge of income tax for 1985-86
34
Rate of advance corporation tax for financial year 1985
35
The rate of advance corporation tax for the financial year 1985 shall be three-sevenths.
Personal reliefs
36
- (1) Section 24(5) of the Finance Act 1980 (increase of personal reliefs) shall not apply for the year 1985-86.
- (2) In section 8 of the Taxes Act (personal reliefs)—
- (a) in subsection (1)(a) (married) for " £3,155 " there shall be substituted " £3,455";
- (b) in subsections (1)(b) (single) and (2) (wife's earned in come relief) for " £2,005 " there shall be substituted " £2.205";
- (c) in subsection (1A) (age allowance) for "£3,955 " and "£2,490" there shall be substituted " £4,255 " and " £2,690 " respectively ; and
- (d) in subsection (1B) (income limit for age allowance) for " £8,100 " there shall be substituted " £8,800".
Relief for interest
37
- (1) For the year 1985-86 the qualifying maximum referred to in paragraphs 5(1) and 24(3) of Schedule 1 to the Finance Act 1974 (limit on relief for interest on certain loans for the purchase or improvement of land) shall be £30,000.
- (2) In paragraph 5 of Schedule 7 to the Finance Act 1982 (loans over the tax relief limit) in sub-paragraph (2) (which excludes interest on such loans unless the qualifying lender has given notice to bring them within the deduction scheme) after the word " unless " there shall be inserted—
(a) the loan is made on or after 6th April 1987 ; or (b)
.
- (3) In sub-paragraph (4) of the said paragraph 5 (interest on a limited loan can be relevant interest only to the extent that it qualifies for tax relief) for the words " notice has been given as mentioned in sub-paragraph (2) above" there shall be substituted " the condition in paragraph (a) or paragraph (b) of subparagraph (2) above is fulfilled".
- (4) In paragraph 14(2) of the said Schedule 7 (power by order to prescribe qualifying lenders for the purposes of the deduction scheme) for the words from " with effect" onwards there shall be substituted " with effect from such date as may be so specified".
Interest paid on deposits with banks etc.
38
- (1) Schedule 8 to the Finance Act 1984 (interest paid on deposits with banks etc.) shall be amended as follows.
- (2) In paragraph 2 (meaning of "deposit-taker"), for the word " section ", in paragraph (f) of sub-paragraph (1), there shall be substituted the word " sub-paragraph " and for subparagraph (2) there shall be substituted the following subparagraph—
(2) An order under sub-paragraph (1)(f) above may prescribe a person or class of person in relation to all relevant deposits or only in relation to relevant deposits of a kind specified in the order
.
- (3) In paragraph 3(2), after paragraph (a) (person beneficially entitled to interest must be an individual), there shall be inserted the following paragraph—
(ad) in Scotland, the person who is so entitled is a partnership all the partners of which are individuals ; or
.
- (4) In paragraph 3(3) (deposits which are not relevant deposits), the following paragraphs shall be inserted after paragraph (d)—
(dd) it is a general client account deposit; (ddd) it forms part of a premiums trust fund (within the meaning of paragraph 16 of Schedule 10 to the Taxes Act) of an underwriting member of Lloyd's
.
- (5) In paragraph 3, after sub-paragraph (4), there shall be inserted the following sub-paragraph—
(4A) A declaration under sub-paragraph (3)(h) shall be in such form as may be prescribed or authorised, and; contain such information as may reasonably be required, by the Board
.
- (6) In paragraph 3(8) (interpretation), the following definition shall be inserted after the definition of " appropriate person " —
- ' general client account deposit' means a deposit, held by the deposit-taker in a client account (other than one which is identified by the deposit-taker as one in which sums are held only for one or more particular clients of the person whose account it is) in respect of which that person is required by provision made under any enactment to make payments representing interest to some or all of the clients for whom, or on whose account, he received the sums deposited in the account
.
- (7) After paragraph 3 there shall be inserted the following paragraph—
(3A) (1) The Treasury may by order made by statutory instrument make amendments in this Schedule providing for deposits of a kind specified in the order to be or, as the case may be, not to be relevant deposits in relation to all deposit-takers or such deposit-takers or classes of deposit-taker as may be so specified. (2) The Board may by regulations made by statutory instrument make provision— (a) requiring any declaration under paragraph 3 (3)(h)(ii) above which does not give the address of the person making it, to be supported by a certificate given by the deposit-taker concerned— (i) in such form as may be prescribed or authorised by the Board ; and (ii) containing such information as may reasonably be required by the Board ; and (b) generally for giving effect to the principal section and this Schedule. (3) Any order or regulations made under this paragraph may contain such incidental and consequential provision as appears to the Treasury or, as the case may be, Board to be appropriate. (4) A statutory instrument made in the exercise of the power conferred by this paragraph shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.
- (8) Subject to paragraph 6(1) of Schedule 8 to the Finance Act 1984 (deposits denominated in a foreign currency not to be treated as relevant deposits before 6th April 1986), subsections (3), (4) and (6) above apply in relation to payments of interest made or credited after 5th April 1985.
- (9) There shall be made such assessments, or reductions of assessments, or, on a claim in that behalf, repayments of tax as may in any case be required in order to give effect to subsections (3), (4), (6) and (8) above.
- (10) The words " Regulations under paragraph 3A of Schedule 8 to the Finance Act 1984 " shall be added at the end of each column in the Table in section 98 of the Taxes Management Act 1970 (penalties for failure to comply with notices, furnish information etc.).
Group relief: modifications
39
- (1) Section 258 and the following sections of Chapter I of Part XI of the Taxes Act (the enactments relating to group relief) shall have effect subject to Part I of Schedule 9 to this Act.
- (2) Section 263 of the Taxes Act (exclusion of double allowances etc.) shall be amended in accordance with Part II of Schedule 9 to this Act and in that Part—
- (a) paragraphs 9, 10 and 13 have effect in relation to any claim with respect to an accounting period of the surrendering company which begins on or after 1st August 1985; and
- (b) paragraphs 11 and 12 have effect in relation to any claim with respect to an accounting period of the claimant company which begins on or after that date.
- (3) In subsection (2) above " the surrendering company " and " the claimant company " have the meaning assigned by section 258 of the Taxes Act.
Building societies
40
- (1) Section 343 of the Taxes Act (arrangements for building societies to account for tax on dividends and interest etc.) shall be amended in accordance with this section.
- (2) In subsection (1), after the words " year of assessment" there shall be inserted " ending before 6th April 1986".
- (3) After subsection (1) there shall be inserted the following subsections—
(1A) The Board may by regulations made by statutory instrument make provision with respect to the year 1986-87 and any subsequent year of assessment requiring building societies, on such sums as may be determined in accordance with the regulations, to account for and pay an amount representing income tax calculated in part at the basic rate and in part at the reduced rate determined for the year of assessment concerned under section 26(1)(a) of the Finance Act 1984; and any such regulations may contain such incidental and consequential provisions as appear to the Board to be appropriate, including provisions requiring the making of returns. (1B) A statutory instrument made in the exercise of the power conferred by subsection (1A) above shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.
- (4) In subsection (2), for the words from the beginning to " this section" there shall be substituted " For any year of assessment to which regulations under subsection (1A) above apply "; for the words " the society ", in the first place where they occur, there shall be substituted " a building society " ; in paragraph (a) for the words " total profits of the society " there shall be substituted " income of the society from the trade carried on by it " ; and in paragraph (b) the words from " except that" to the end shall be omitted.
- (5) In subsection (3), for the words preceding paragraph (a) there shall be substituted " Except in so far as regulations under subsection (1A) above otherwise provide, for any year of assessment to which such regulations apply"; in paragraph (a) for the words " that society " there shall be substituted " a building society " ; and paragraphs (iii) and (iv) of the proviso shall be omitted.
- (6) In subsection (4), for the words from the beginning to "this Act" there shall be substituted " Notwithstanding anything in Part II of this Act, for any year of assessment to which regulations under subsection (1A) above apply " and for the words " the society" there shall be substituted " a building society".
- (7) In subsection (7), for the words following " dividend " there shall be substituted " has the meaning assigned to it by regulations under subsection (1A) above".
- (8) Subsections (6), (8A), (8B) and (9) shall be omitted.
- (9) Subsections (4) to (8) above have effect for the year 1986-87 and subsequent years of assessment.
- (10) The Table in section 98 of the Taxes Management Act 1970 (penalties for failure to comply with notices, furnish information etc.) shall be amended as follows—
- (a) in the first column, after the words " Schedule 6, paragraph 10 ", and
- (b) in the second column, after the words " Regulations under section 204 of the principal Act," there shall, in each case, be inserted " Regulations under section 343(1 A) of the principal Act".
Friendly societies
41
- (1) In section 64 of the Friendly Societies Act 1974 (maximum benefits for members of friendly societies) at the end of subsection (2) there shall be added the following subsections—
(2A) In applying the limits in this section in accordance with section 73(6)(b) of the Finance Act 1984 (that is to say, in relation to the aggregate of the benefits secured by contracts made after 13th March 1984 and those secured by contracts made on or before that day), any contract for an annuity which was made before 1st June 1984 by a new society, as defined in section 337(3) of the Income and Corporation Taxes Act 1970, shall be regarded not only as a contract for the annual amount concerned but also as a contract for the assurance of a gross sum equal to 75 per cent, of the total premiums which would be payable under the contract if it were to run for its full term or, as the case may be, if the member concerned were to die at the age of seventy-five years. (2B) If, on or after 19th March 1985, a person becomes in breach of the limits in this section, the policy effected by that contract which causes those limits to be exceeded shall not be a qualifying policy, within the meaning of Part I of Schedule 1 to the Income and Corporation Taxes Act 1970; and in any case where— (a) the limits in this section are exceeded as a result of the aggregation of the sums assured under two or more contracts, and (b) at a time immediately before one of those contracts was entered into (but not immediately after it was entered into) the sums assured by the contract or contracts which were then in existence did not exceed the limits in this section, only those policies effected by contracts made after that time shall be treated as causing the limits to be exceeded.
- (2) Section 64 of the Friendly Societies Act 1974 (as amended by subsection (1) above)—
- (a) shall have effect as if contained within sections 332 to 336 of the Taxes Act, instead of within the said Act of 1974; and
- (b) shall extend to Northern Ireland;
and in consequence of paragraph (b) above, section 55 of the Friendly Societies Act (Northern Ireland) 1970 shall cease to have effect.
- (3) With respect to life or endowment business carried on on or after 1st June 1984, section 333 of the Taxes Act (distinction between old and new societies) shall have effect with the omission—
- (a) in subsection (1), of paragraph (b) and the word " or " immediately preceding it; and
- (b) of subsections (2) and (3).
- (4) With respect to—
- (a) policies issued in respect of insurances made on or after 19th March 1985, and
- (b) policies issued in respect of insurances made before that date which are varied on or after that date,
section 7(3) of the Friendly Societies Act 1974 (societies not entitled to registration if in breach of the statutory limits) shall not apply and for paragraph 3 of Schedule 1 to the Taxes Act (qualifying friendly society policies) there shall be substituted the paragraphs set out in Part I of Schedule 10 to this Act.
- (5) Part II of Schedule 10 to this Act shall have effect with respect to policies issued in respect of insurances made on or after 1st June 1984 and before 19th March 1985; and, with respect to business carried on on or after 19th March 1985 by friendly societies which are not new societies,—
- (a) Part III of that Schedule shall have effect; and
- (b) subsections (2) to (5) of section 335 of the Taxes Act (conditions for tax exempt business) shall not apply.
- (6) With respect to business carried on on or after 19th March 1985, section 334 of the Taxes Act (conditions for tax exempt business) shall be amended as follows—
- (a) in subsection (1) after the words " apply to " there shall be inserted " so much of the " and for the words from " unless " onwards there shall be substituted
as is attributable to a policy which, by virtue of section 64(2B) of the Friendly Societies Act 1974,— (a) is not a qualifying policy ; and (b) would not be a qualifying policy if all policies with other friendly societies were left out of account
; and
- (b) in subsection (2), in paragraph (a) for the words " the payment of the first premium" there shall be substituted " the making of the insurance or, where the contract provides for the term to begin on a date not more than three months earlier than the making of the insurance, that date " and the words following paragraph (c) shall be omitted ;
- (c) at the end of paragraph (a) of subsection (3) there shall be added the words " and, for the purposes of this paragraph, if the term begins on a date earlier than the making of the insurance, any premium paid in respect of a period before the making of the insurance, or in respect of that period and a subsequent period, shall be treated as having been payable on that date";
- (d) at the end of paragraph (c) of subsection (4) there shall be added
and (d) may make provision for the waiver of premiums by reason of a person's disability.
- (7) Section 337 of the Taxes Act (interpretation of provisions relating to registered friendly societies) shall be amended as follows—
- (a) in subsection (1) for the words following " interpretation of " there shall be substituted—
(a) sections 332 to 336 above and the following provisions of this section, (b) paragraphs 3 and 3A of Schedule 1 to this Act, and (c) section 41 of and Parts II and III of Schedule 10 to the Finance Act 1985
;
- (b) in subsection (2) (definition of " life or endowment business ") for the words from " within " to " period)" there shall be substituted " within any of paragraphs (1), (2), (4) and (5) of Schedule 1 to the Friendly Societies Act 1974 " );
- (c) for paragraph (a) of subsection (2) there shall be substituted—
(a) shall not include the issue of a policy affording provision for sickness or other infirmity (whether bodily or mental) unless— (i) it also affords assurance for a gross sum independent of sickness or other infirmity; and (ii) not less than sixty per cent, of the amount of the premiums is attributable to the provision afforded during sickness or other infirmity ; and (iii) there is no bonus or addition which may be declared or accrue upon the assurance of the gross sum
;
- (d) in subsection (3) (general definitions) after the definition of " life assurance business " there shall be inserted—
- ' new society ' means a friendly society which was registered after 3rd May 1966 or which was registered in the period of three months ending on that date but which at no time earlier than that date carried on any life or endowment business
;
and after the words " said provisions " there shall be inserted " (including this subsection)";
- (e) in subsection (4) (amalgamated societies) in paragraph (a) of the proviso for the words " a society not within section 333(1)(6) above" there shall be substituted " not a new society"; and
- (f) in subsection (4), paragraph (b) of the proviso shall be omitted;
and this subsection has effect with respect to business carried on on or after 19th March 1985 except that paragraphs (d) and (e) above also have effect with respect to business carried on on or after 1st June 1984.
- (8) In section 393 of the Taxes Act (the introductory provision to the " chargeable events " legislation affecting insurance policies, contracts for life annuities etc.) at the end of the definition of " life annuity " in subsection (3) there shall be added the words " and any annuity the contract for which is made on or after 1st June 1984 by a friendly society or branch thereof in the course of life or endowment business, as defined in section 337 of this Act".
- (9) Where, under section 395 or section 397 of the Taxes Act, a gain is to be treated as arising in connection with a policy issued by a friendly society in the course of tax exempt life or endowment business, section 399 of that Act (method of charging gain to tax) shall have effect in relation to the gain as if subsection (4) (exclusion of basic rate tax) were omitted.
- (10) In section 27 of the Finance Act 1974 (control of certain societies registered after 31st May 1973) in subsection (3) (notice of intention to withdraw certain tax advantages) for the words from " such date " onwards there shall be substituted " the date of the notice".
Relief for Class 4 contributions
42
- (1) An individual making a claim in that behalf shall be entitled, in computing his total income for any year of assessment beginning on or after 6th April 1985, to deduct one-half of any amount (as finally settled) which is determined under subsection (2) of section 9 of the Social Security Act 1975 or of the Social Security (Northern Ireland) Act 1975 and which he is liable to pay in respect of that year by way of Class 4 contributions under either of those sections.
- (2) In paragraph 3(2) of Schedule 2 to each of those Acts, there shall be inserted after paragraph (e)
and (f) section 42 of the Finance Act 1985 (relief for Class 4 contributions).
Business entertaining expenses
43
- (1) In subsection (8)(b) of section 411 of the Taxes Act (which limits expenses on gifts for which deductions may be made) for " £2 " there shall be substituted " £10".
- (2) This section applies to expenses incurred after 5th April 1985.
Business expansion scheme
44
- (1) Schedule 5 to the Finance Act 1983 (relief for investment in corporate trades) shall be amended as follows.
- (2) The following paragraph shall be inserted after paragraph 2—
(2A) (1) Where eligible shares in a company are issued for the purpose of enabling the company to raise money— (a) for research and development from which it intends to derive a qualifying trade which it will carry on; or (b) both for any such research and development and for the resulting trade; paragraph 2 above shall apply in relation to the company with the modifications set out in this paragraph. (2) For paragraph (b) of sub-paragraph (1) there shall be substituted— (b) those shares are issued to him for the purpose of raising money— (i) for research and development which is being carried on at the time when the shares are issued, or begins immediately thereafter, and from which the company intends to derive a qualifying trade which will be carried on by it; or (ii) both for any such research and development and the resulting trade. (3) For sub-paragraph (4) there shall be substituted the following— (4) The relief shall be given on a claim and shall not be allowed unless and until the company has carried on the research and development for four months. (4) In sub-paragraph (5), for the word ' trade ' there shall be substituted the words ' research and development'. (5) In sub-paragraph (7)(b), for the words from 'either' to the end there shall be substituted the words 'three years after that date'.
- (3) In paragraph 6(2) (trades which are excluded from being qualifying trades) after the word " or " there shall be inserted the words " of property development or".
- (4) In paragraph 6, after sub-paragraph (2A), there shall be inserted the following sub-paragraph—
(2AA) A trade shall not be treated as failing to comply with this paragraph by reason only that at any time after 19th March 1985 it consists to a substantial extent of receiving royalties or licence fees if— (a) the company carrying on the trade is engaged in research and development throughout the relevant period; and (b) all royalties and licence fees received by it in that period are attributable to research and development which it has carried out.
- (5) In paragraph 6(2B) (interpretation), the following definitions shall be inserted after the definition of " film " —
- ' property development' means the development of land, by a company which has, or at any time has had, an interest in the land, with the sole or main object of realising a gain from disposing of the land when developed ;
- ' interest in land ' means any estate or interest in land, any right in or over land or affecting the use or disposition of land, and any right to obtain such an estate, interest or right from another which is conditional on that other's ability to grant the estate, interest or right in question, except that it does not include— the interest of a creditor (other than a creditor in respect of a rentcharge) whose debt is secured by way of a mortgage, an agreement for a mortgage or a charge of any kind over land ; or in Scotland, the interest of a creditor in a charge or security of any kind over land.
- (6) In paragraph 20(2) (interpretation) the following definition shall be inserted after the definition of " the relevant period " —
- ' research and development' means any activity which is intended to result in a patentable invention (within the meaning of the Patents Act 1977) or in a computer program.
- (7) Subsection (2) has effect in relation to shares issued on or after 6th April 1985 and subsections (3) and (5) have effect in relation to shares issued after 19th March 1985.
Profit sharing schemes
45
- (1) Chapter III of Part III of the Finance Act 1978 (profit sharing schemes) shall be amended in accordance with this section.
- (2) In subsection (6) of section 54 of that Act (definition of " the release date ") for the words " seventh anniversary " (which were substituted by section 46(4) of the Finance Act 1980) there shall be substituted " fifth anniversary".
- (3) In subsection (7) of that section (definition of " the appropriate percentage ")—
- (a) in paragraph (c)(i) for the words " sixth anniversary " there shall be substituted " fifth anniversary " and the final word " or " shall be omitted ; and
- (b) paragraphs (c)(ii) and (d) shall be omitted.
- (4) In subsection (6) of section 56 of that Act (capital receipts in respect of scheme shares)—
- (a) for " £140 " there shall be substituted " £100"; and
- (b) for " 7 years " there shall be substituted " 5 years".
- (5) The amendments made by subsection (4) above have effect for the year 1986-87 and subsequent years of assessment.
Deep discount securities
46
Schedule 11 to this Act (deep discount securities) shall have effect in relation to any deep discount security issued on or after 19th March 1985; and " deep discount security" and " issued " have the same meanings here as in that Schedule.
Partnerships: basis of assessment
47
- (1) This section applies where—
- (a) a trade, profession or vocation is carried on by persons in partnership,
- (b) there is a change in those persons as a result of which section 154(1) of the Taxes Act treats the trade, profession or vocation as discontinued and a new trade, profession or vocation as set up and commenced, and
- (c) a person engaged in carrying on the trade, profession or vocation immediately before the change continues to be engaged in carrying it on in partnership immediately after the change, but no election is made under section 154(2) to disapply section 154(1).
- (2) In a case where this section applies, the Taxes Act shall have effect as if—
- (a) the section set out in subsection (3) below were substituted for section 116 (special basis at commencement), and
- (b) section 117 (special basis for two years following commencement) were amended as mentioned in subsection (4) below.
- (3) The substitute for section 116 is this—
(116) The computation of the profits or gains chargeable to income tax under Case I or Case II of Schedule D for the year of assessment in which the new trade, profession or vocation is treated as having been set up and commenced, and for each of the three years of assessment following that year of assessment, shall be made on the full amount of the profits or gains arising in the year of assessment in question.
- (4) The amendments of section 117 are these—
- (a) in subsection (1) for " second ", " third ", " next after " and "next but one after" there shall be substituted (respectively) " fifth " , " sixth ", " next but three after " and " next but four after " ;
- (b) in subsections (2) and (3) for " second " and " third " there shall be substituted (respectively and throughout) " fifth " and " sixth ".
- (5) This section has effect in relation to any change which takes place after 19th March 1985 in the persons engaged in carrying on a trade, profession or vocation in partnership.
Limited partners: restriction of reliefs
48
- (1) Schedule 12 to this Act (restriction in case of limited partners and others of reliefs in respect of losses, interest and charges and of allowances for expenditure) shall have effect where the chargeable period—
- (a) in which the loss in question is sustained or incurred, or the interest or charges in question paid, or
- (b) for which the allowance in question falls to be made,
begins after 19th March 1985.
- (2) That Schedule shall also have effect where that period begins on or before that date and ends after it if the person sustaining or incurring the loss or paying the interest or charges, or to whom the allowance falls to be made, begins after that date to carry on as a limited partner the trade—
- (a) in which, or in connection with which, the loss is sustained or incurred or the interest or charges paid, or
- (b) in taxing which, or by reason of participation in which, the allowance falls to be made,
and it is immaterial whether or not he was carrying on the trade otherwise than as a limited partner on or before that date.
Covenanted payments to charity: increase of exemption from excess tax liability
49
- (1) In section 457 of the Taxes Act (settlements made on or after 7th April 1965) in subsection (1A) (covenanted payments to charity: first £5,000 exempt from excess liability) for " £5,000 " there shall be substituted " £10,000".
- (2) In Schedule 16 to the Finance Act 1972 (apportionment of income of close companies) in paragraph 5, in sub-paragraph (5A) (total income reduced by amount of covenanted payments to charities subject to the £5,000 limit) for " £5,000 " there shall be substituted " £10,000".
- (3) This section has effect for the year 1985-86 and subsequent years of assessment in relation to payments made after 5th April 1985.
Agents acting for non-residents
50
Offshore life assurance: chargeable events
51
London Regional Transport: tax losses
52
In computing for the purposes of corporation tax the profit or loss of London Regional Transport for any accounting period beginning on or after 1st April 1985, the loss of the London Transport Executive for any earlier accounting period shall be computed as if section 16(1)(b) of the Finance Act 1970 (grants to the Executive to be left out of account in computing profits chargeable to corporation tax) had not been enacted.
Valuation for corporation and income tax purposes of oil appropriated in certain circumstances
53
- (1) In section 14 of the Oil Taxation Act 1975 (valuation of oil disposed of or appropriated in certain circumstances) after subsection (4) there shall be inserted the following subsection—
(4A) If a person appropriates oil acquired by him in the course of oil extraction activities carried on by him or by virtue of oil rights held by him and the appropriation is to refining or to any use except for production purposes of an oil field, within the meaning of Part I of this Act, then, unless subsection (2) above applies, for all purposes of income tax and for the purposes of the charge of corporation tax on income,— (a) he shall be treated as having, at the time of the appropriation, sold and bought the oil as mentioned in sub-paragraphs (i) and (ii) of that subsection; and (b) that sale and purchase shall be deemed to have been at a price equal to the market value of the oil at the material time in the calendar month in which it was appropriated.
- (2) In subsection (5) of that section—
- (a) for the words " preceding subsection ", in each place where they occur, there shall be substituted " subsections (4) and (4A) above " ;
- (b) in paragraph (a), in the version of paragraph 2(2)(c) of Schedule 3 to the Oil Taxation Act 1975 which is there set out, for the words from " section 14(4)" onwards there shall be substituted " subsection (4) or subsection (4A) of section 14 of this Act, and of no other oil; and, for the avoidance of doubt, it is hereby declared that the terms as to payment which are to be implied in the contract shall be those which are customarily contained in contracts for sale at arm's length of oil of the kind in question".
- (3) Subsections (1) and (2) above have effect with respect to oil appropriated on or after 19th March 1985 and subsection (2)(b) above also has effect with respect to oil disposed of on or after that date.
Withdrawal of right of certain non-resident companies to payment of tax credits
54
- (1) This section applies to a company which has, or is an associated company of a company which has, a qualifying presence in a unitary state and, at any time when it or its associated company has such a qualifying presence, is entitled by virtue of arrangements having effect under section 497(1) of the Taxes Act (relief by agreement with other countries) to a tax credit under section 86 of the Finance Act 1972 (tax credit for certain recipients of qualifying distributions) in respect of qualifying distributions made to it by companies which are resident in the United Kingdom which is equal to one half of the tax credit to which an individual resident in the United Kingdom would be entitled in respect of such distributions.
- (2) Schedule 13 to this Act has effect to supplement the provisions of this section.
- (3) Notwithstanding anything to the contrary in the arrangements referred to above and subject to paragraph 2 of the said Schedule, a company to which this section applies shall not be entitled to claim under subsection (4) of the said section 86 to have the tax credit referred to in subsection (1) above set against the income tax chargeable on its income for the year of assessment in which the distribution is made or, where the credit exceeds that income tax, to have the excess paid to it.
- (4) A company shall be treated as having a qualifying presence in a unitary state if it is a member of a group and, in any period for which members of the group make up their accounts ending after the relevant date, 7½ per cent or more in value of the property, payroll or sales of such members situated in, attributable to or derived from the territory outside the United Kingdom, of which that state is a province, state or other part, are situated in, attributable to or derived from that state.
- (5) For the purposes of subsection (4) above—
- (a) 7½ per cent or more in value of such property, payroll or sales as are referred to in that subsection shall be treated as being situated in, attributable to or derived from the state there referred to, unless, on making any claim under subsection (4) of the said section 86, the claimant proves otherwise to the satisfaction of the Board, and
- (b) the value of the property, payroll or sales of a company shall be taken to be the value as shown in its accounts for the period in question and for this purpose the value of any property consisting of an interest in another member of the group or of any sales made to another such member shall be disregarded.
- (6) In this section “the relevant date” means the date on which this section comes into force or, if earlier, the earliest date on which a distribution could have been made in relation to which the provisions of this section are applied by an order made under this section.
- (7) This section shall come into force on such date as the Treasury may by order made by statutory instrument appoint and the Treasury may in addition by order made by statutory instrument—
- (a) prescribe that the provisions of this section shall apply in relation to distributions made on or after a date before that on which the order bringing them into force is made, being a date not earlier than 1st April 1985,
- (b) prescribe those provinces, states or other parts of a territory outside the United Kingdom which are to be treated as unitary states for the purposes of this section,and
- (c) prescribe that for subsections (4) and (5) of this section (or for those subsections as they have effect at any time) there shall be substituted either the following provisions—
(4) A company shall be treated as having a qualifying presence in a unitary state if it is subject to tax in such a state for any period ending after the relevant date for which that state charges tax. (5) For the purposes of subsection (4) above a company shall be regarded as subject to tax in a unitary state if it is liable there to a tax charged on its income or profits by whatever name called and shall be treated as so charged unless it proves otherwise to the satisfaction of the Board
or the following provisions—
(4) A company shall be treated as having a qualifying presence in a unitary state if it has its principal place of business in such a state at any time after the relevant date. (5) For the purposes of subsection (4) above— (a) a company shall be treated as having its principal place of business in a unitary state unless it proves otherwise to the satisfaction of the Board, and (b) the principal place of business of a company shall include both the place where the central management and control of the company is exercised and the place where the immediate day-to-day management of the company as a whole is exercised.
- (8) No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of the Commons House of Parliament.
Chapter II — Capital Allowances
Capital allowances in respect of machinery and plant: the revised code
55
Time when capital expenditure is incurred
56
- (1) The provisions of this section have effect to determine when capital expenditure is to be taken to be incurred for the purposes of—
- (a) Parts I and II of the Capital Allowances Act 1968 ;
- (b) Chapter I of Part III of the Finance Act 1971 (machinery and plant);
- (c) any enactment which falls to be construed (or is expressed to have effect) as if it were contained in any of those enactments; and
- (d) Schedule 12 to the Finance Act 1982 (dwelling-houses let on assured tenancies).
- (2) Subject to subsections (3) to (5) below, an amount of capital expenditure is to be taken to be incurred on the date on which the obligation to pay that amount becomes unconditional (whether or not there is a later date on or before which the whole or any part of that amount is required to be paid).
- (3) If, under or by virtue of any agreement,—
- (a) as a result of the issue of a certificate or some other event, an obligation to pay an amount of capital expenditure on the provision of an asset becomes unconditional, and
- (b) at a time before that obligation becomes unconditional, the asset becomes the property of or is otherwise under the contract attributed to the person having that obligation,
then, in a case where the obligation referred to in paragraph (a) above becomes unconditional within the period of one month beginning at the end of a chargeable period or its basis period but the time referred to in paragraph (b) above falls at or before the end of that chargeable period or its basis period, subsection (2) above shall apply as if the obligation became unconditional immediately before the expiry of that period.
- (4) Where, under or by virtue of any agreement, the whole or any part of an amount of capital expenditure is required to be paid on (or not later than) a date which is more than four months after the date on which the obligation to pay that amount becomes unconditional, so much of that expenditure as is required to be so paid shall be taken to be incurred on the date on or before which it is required to be so paid.
- (5) In any case where—
- (a) under or by virtue of any agreement, an obligation to pay an amount of capital expenditure becomes unconditional on a date earlier than that which accords with normal commercial usage, and
- (b) the sole or main benefit which (apart from this subsection) might have been expected to be obtained from the obligation becoming unconditional on that earlier date is that, by virtue of subsection (2) above, the expenditure would be taken to be incurred in a chargeable period or its basis period which is earlier than would otherwise have been the case,
then, in relation to that amount of expenditure, subsection (2) above shall have effect as if, for the words from " on which " onwards mere were substituted " on or before which it is required to be paid " ; and, accordingly, subsection (4) above shall be disregarded.
- (6) Subject to subsection (7) below, the preceding provisions of this section have effect with respect to any chargeable period or its basis period ending on or after 18th December 1984 and, accordingly, the following provisions shall not have effect with respect to any such period, namely,—
- (a) section 82(3) of the Capital Allowances Act 1968; and
- (b) in subsection (4) of section 50 of the Finance Act 1971, the words from the beginning to " payable; and ".
- (7) In relation to Part II of the Capital Allowances Act 1968 (scientific research), the preceding provisions of this section have effect with respect to any chargeable period (within the meaning of that Part) ending on or after 1st April 1985.
- (8) In so far as (apart from subsections (2) to (6) above) any provision of the Capital Allowances Act 1968, Chapter I of Part XIV of the Taxes Act (patents and know-how) or the Finance Act 1971 would have the effect that any expenditure would for any purpose fall to be treated as incurred on a date which is later than that which would result from the application of those subsections, nothing in this section shall affect the continuing operation of that provision.
Election for certain machinery or plant to be treated as short-life assets
57
- (1) The provisions of this section apply where—
- (a) a person carrying on a trade (in this section referred to as " the trader ") incurs capital expenditure on or after 1st April 1986 on the provision of machinery or plant wholly and exclusively for the purposes of the trade; and
- (b) the machinery or plant is not of a description specified in Schedule 15 to this Act; and
- (c) the trader makes an election under this section requiring the machinery or plant to be treated as a short-life asset;
and any machinery or plant to which an election under this section applies is in the following provisions of this section referred to as a " short-life asset".
- (2) An election under this section—
- (a) shall be made in writing to the inspector;
- (b) shall specify the short-life asset, the capital expenditure concerned and the date on which it was incurred;
- (c) may not be made more than two years; after the end of the chargeable period or its basis period in which the capital expenditure was incurred ; and
- (d) shall be irrevocable;
and if different parts of the capital expenditure are incurred at different times, only that part of the expenditure which is first incurred shall be taken into account for the purposes of paragraph (c) above.
- (3) Where an election is made under this section, it shall be assumed for the purposes of section 44 of the Finance Act 1971 (in the following provisions of this section referred to as " section 44 ")—
- (a) that the trader incurred the expenditure on the provision of the short-life asset wholly and exclusively for the purposes of a trade (in the following provisions of this section referred to as " the notional trade ") carried on by him separately from the trade referred to in subsection (1) above (in those provisions referred to as his " actual trade ") and from any other trade which he in fact carries on or is assumed for any other purpose to carry on; and
- (b) that, without prejudice to sub-paragraphs (i) to (iii) of paragraph (c) of subsection (5) of section 44, the notional trade is permanently discontinued when the short-life asset begins to be used wholly or partly for purposes other than those of the actual trade.
- (4) Any allowance or charge which, on the assumptions in subsection (3) above, would fall to be made for any chargeable period in the case of the notional trade shall be made for that period in the case of the actual trade; and all such assessments and adjustments of assessments shall be made as may be necessary to give effect to an election under this section.
- (5) If the disposal value of a short-life asset does not fall to be brought into account in accordance with section 44 for any of the chargeable periods ending on or before the fourth anniversary of the end of the chargeable period related to the incurring of the capital expenditure concerned or, as the case may be, the first part of that expenditure, then,—
- (a) in the first chargeable period ending after that fourth anniversary or, as the case may be, in its basis period, the notional trade shall be treated as permanently discontinued but no balancing allowance or charge shall be made to or on the trader by reason thereof; and
- (b) the amount which, apart from this subsection, would be the trader's qualifying expenditure for the chargeable period referred to in paragraph (a) above in respect of the notional trade shall be added to his qualifying expenditure for that period in respect of his actual trade.
- (6) If, at a time before the notional trade would otherwise be permanently discontinued for the purposes of section 44, the short-life asset begins to be used otherwise than for a qualifying purpose, within the meaning of section 64 of the Finance Act 1980 (leased assets used for certain purposes) and the occasion of its beginning to be so used falls within the requisite period, within the meaning of that section, then at that time—
- (a) the notional trade shall be treated as permanently discontinued but no balancing allowance or charge shall be made to or on the trader by reason thereof, and
- (b) the amount which, apart from this subsection, would be the trader's qualifying expenditure for the chargeable period in which, or in the basis period for which, the asset began to be so used shall for the purposes of section 44 (as it has effect in accordance with section 65 of the Finance Act 1980) be added to the trader's qualifying expenditure for that chargeable period in respect of the separate trade referred to in subsection (2) of the said section 65.
- (7) Subject to subsection (8) below, if, at a time before the notional trade is permanently discontinued for the purposes of section 44, the trader disposes of a short-life asset to a person with whom he is connected within the terms of section 533 of the Taxes Act,—
- (a) the disposal shall be treated for the purposes of section 44 (in its application both to the trader and to the connected person) as a sale of the short-life asset at a price equal to the amount of the trader's qualifying expenditure in respect of the notional trade for the chargeable period related to the disposal;
- (b) nothing in paragraph 3 of Schedule 8 to the Finance Act 1971 (sales between connected persons etc.) shall apply in relation to the disposal;
- (c) immediately after his acquisition of the short-life asset, the connected person shall be taken to have made an election under this section (so that, in his hands, the machinery or plant concerned is also a short-life asset for the purposes of this section); and
- (d) in relation to the connected person, subsection (5) above shall have effect as if any reference to the fourth anniversary of the end of the chargeable period related to the incurring of the capital expenditure concerned were a reference to the date which was (or which, by virtue of the previous operation of this paragraph, had effect as) that fourth anniversary in relation to the trader.
- (8) Paragraphs (a) and (b) of subsection (7) above do not apply in relation to a disposal unless, by notice in writing given to the inspector not more than two years after the end of the chargeable period or its basis period in which the disposal occurred, the trader and the connected person so elect.
- (9) In the application of subsection (6) of section 44 (disposal value) where a short-life asset is disposed of at a price lower than that which it would have fetched if sold in the open market, paragraph (b)(i) (which excludes open market value where the buyer is entitled to allowances) shall not apply unless an election is made under subsection (8) above.
- (10) Any reference in Schedule 15 to this Act to expenditure in respect of which the making of a first-year allowance is precluded by any enactment shall be construed without regard to paragraph 2 of Schedule 12 to the Finance Act 1984 (which terminates first-year allowances in respect of expenditure incurred on the provision of machinery or plant on or after 1st April 1986).
Allowances for ships
58
- (1) With respect to expenditure incurred on or after 1st April 1985, paragraph 8 of Schedule 8 to the Finance Act 1971 (first-year allowances for new ships) shall have effect in relation to ships which are not new as well as in relation to new ships and accordingly—
- (a) the word " new ", wherever appearing, shall be omitted ; and
- (b) sub-paragraph (5) (previous ownership disregarded in certain cases in determining whether ship is new) shall also be omitted.
- (2) After the said paragraph 8 there shall be inserted the paragraphs set out in Schedule 16 to this Act, being provisions relating to writing-down allowances for ships.
Entitlement to allowances for machinery and plant which are fixtures
59
- (1) The provisions of Schedule 17 to this Act apply to determine entitlement to an allowance under Chapter I of Part III of the Finance Act 1971 in respect of expenditure on the provision of machinery or plant which is so installed or otherwise fixed in or to a building or any other description of land as to become, in law, part of that building or other land ; and at any time when, by virtue of that Schedule, any machinery or plant is treated as belonging to any person, no other person shall be entitled to such an allowance in respect of it.
- (2) Schedule 17 to this Act applies to expenditure incurred after 11th July 1984, unless that expenditure—
- (a) consists of the payment of sums payable under a contract entered into on or before that date; or
- (b) is incurred pursuant to an obligation contained in a lease or agreement for a lease entered into on or before that date.
- (3) All such assessments and adjustments of assessments shall be made as may be necessary to give effect to the provisions of Schedule 17 to this Act.
- (4) Where any question arises as to whether any machinery or plant has become, in law, part of a building or other land and that question is material with respect to the liability to tax (for whatever period) of two or more persons, that question shall be determined, for the purposes of the tax of all those persons, by the Special Commissioners who shall determine the question in like manner as if it were an appeal, except that, for the purposes of the determination, all those persons shall be entitled to appear and be heard by, or to make representations in writing to, the Special Commissioners.
- (5) In subsection (2) of section 46 of the Finance Act 1971 (lessee required to provide machinery or plant under the terms of his lease) after the word "Where " there shall be inserted " (a) " and after the words " terms of the lease " there shall be inserted
and (b) the machinery or plant is not so installed or otherwise fixed in or to a building or any other description of land as to become, in law, part of that building or other land, then, if the machinery or plant would not otherwise belong to him
.
- (6) The amendments made by subsection (5) above have effect in relation to any lease entered into after 11th July 1984, unless it was entered into pursuant to an agreement made on or before that date.
- (7) This section and Schedule 17 to this Act shall be construed as if they were contained in Chapter I of Part III of the Finance Act 1971, except that expenditure shall not be treated for the purposes of that Schedule as having been incurred after the date on which it was in fact incurred by reason only of so much of section 50(4) of that Act as relates to expenditure incurred before a trade begins.
- (8) Nothing in subsection (1) above affects the entitlement of any person to an allowance by virtue of section 85 of the Capital Allowances Act 1968 (allowances in respect of contributions of a capital nature) and, accordingly, in paragraph 15(6) of Schedule 8 to the Finance Act 1971 (modification of the operation of section 85 in relation to allowances for machinery and plant) after the words " the said Chapter I ", where they last occur, there shall be inserted " or Schedule 17 to the Finance Act 1985".
Carry-back by companies of losses referable to capital allowances
60
Dredging
61
Agricultural land and buildings
62
- (1) With respect to capital expenditure incurred on or after 1st April 1986, other than expenditure which—
- (a) consists of the payment of sums under a contract entered into on or before 13th March 1984 by the person incurring the expenditure, and
- (b) is incurred before 1st April 1987,
section 68 of the Capital Allowances Act 1968 (allowances for capital expenditure relating to agricultural land and buildings etc.) shall be amended in accordance with subsections (2) and (3) below.
- (2) For paragraphs (a) and (b) of subsection (1) (which provide for an initial allowance equal to one-fifth, followed by writing-down allowances over eight years equal to four-fifths) there shall be substituted the words " during a writing-down period of twenty-five years beginning with the chargeable period relating to the incurring of that expenditure, writing-down allowances of an aggregate amount equal to that expenditure".
- (3) Subsection (3A) (special provisions as to initial allowances) shall cease to have effect.
- (4) Subsection (1) above shall be construed as if it were contained in Part I of the Capital Allowances Act 1968.
Allowances for capital expenditure on scientific research
63
- (1) In section 91 of the Capital Allowances Act 1968 (allowances for capital expenditure on scientific research) after subsection (1) there shall be inserted the following subsections—
(1A) No allowance shall be made under subsection (1) above in respect of expenditure on the acquisition of, or of rights in or over, any land except in so far as, on a just apportionment, that expenditure is referable to the acquisition of, or of rights in or over, or of machinery or plant which forms part of, a building or other structure already constructed on that land. (1B) For the purposes of this section, expenditure on the provision of a dwelling is not scientific research expenditure ; but where part of a building is used for scientific research and part consists of a dwelling and the capital expenditure which it is just to apportion to the construction or acquisition of the dwelling is not more than one quarter of the capital expenditure which is referable to the construction or acquisition of the whole building, the whole of the building shall be treated for the purposes of this Part of this Act as used for scientific research.
- (2) In section 92 of that Act (termination of use of assets provided for scientific research) in subsection (1) after the word " representing " there shall be inserted " allowable " and for the words from " be used" onwards there shall be substituted " belong to him; and the occasion of that asset ceasing to belong to him is in the following provisions of this section referred to as' the relevant event'".
- (3) In subsections (2) and (3) of that section for the words " the sale " in each place where they occur there shall be substituted " the relevant event " and—
- (a) in subsection (2)(a) for the words "proceeds of sale" there shall be substituted " disposal value of the asset"; and
- (b) in subsection (3) for the words " proceeds of sale are " there shall be substituted " disposal value of the asset is".
- (4) After subsection (3) of that section there shall be inserted the following subsection—
(3A) For the purposes of this section the disposal value of an asset depends upon the nature of the relevant event, and— (a) if that event is the actual sale of the asset at a price not lower than that which it would have fetched if sold in the open market, equals the proceeds of that sale; (b) if that event is the deemed sale of the asset under subsection (4) below, equals the deemed proceeds of sale under that subsection ; and (c) in any other event, equals the price which the asset would have fetched if sold in the open market.
- (5) In subsection (4) of that section, in paragraph (b) for the words from " unless " to " be used for " there shall be substituted " unless, prior to its demolition, the asset had begun to be used for purposes other than".
- (6) In subsection (5) of that section for the words " sale if the sale " there shall be substituted " relevant event if that event".
- (7) This section has effect with respect to capital expenditure incurred on or after 1st April 1985 unless that expenditure—
- (a) is incurred before 1st April 1987, and
- (b) consists of the payment of sums under a contract entered into on or before 19th March 1985 by the person incurring the expenditure.
Writing-down allowances for expenditure on patent rights
64
- (1) With respect to expenditure incurred on or after 1st April 1986, subsection (1) of section 378 of the Taxes Act (writing-down allowances for capital expenditure on purchase of patent rights) shall be amended as follows,—
- (a) for the words from " there shall " to " allowances " there shall be substituted " then, in accordance with Part I of Schedule 18 to the Finance Act 1985, allowances and charges shall be made to and on him";
- (b) the words from " during " to " defined " shall be omitted; and
- (c) in the proviso the words " writing-down " shall be omitted.
- (2) With respect to expenditure incurred as mentioned in subsection (1) above,—
- (a) Part I of Schedule 18 to this Act shall have effect for the purpose of making the allowances and charges referred to in subsection (1) of section 378 of the Taxes Act;
- (b) in subsection (2) of that section for the words from the beginning to the end of paragraph (b) of the proviso there shall be substituted " For the purposes of this section and Part I of Schedule 18 to the Finance Act 1985 " and the words " for the purposes of this subsection " shall be omitted ;
- (c) subsection (3) of that section and section 379 of the Taxes Act shall not apply ;
- (d) in subsection (1) of section 385 of the Taxes Act for the words " under section 378 or section 379 of this Act" there shall be substituted " falling to be made in accord-dance with Part I of Schedule 18 to the Finance Act 1985";
- (e) in each of subsections (2) and (3) of section 385 of the Taxes Act for the words " under section 378, 379 or " there shall be substituted " in accordance with Part I of Schedule 18 to the Finance Act 1985, or under section";
- (f) in subsection (4) of section 385 of the Taxes Act, for the words " section 379 of this Act " there shall be substituted " Part I of Schedule 18 to the Finance Act 1985";
- (g) in section 388(1) of the Taxes Act, in paragraph (b) of the definition of " income from patents " for the words "section 379(3)" there shall be substituted " paragraph 1(3) of Schedule 18 to the Finance Act 1985 or"; and
- (h) notwithstanding the provisions of section 387 of the Taxes Act relating to the application of provisions of the Capital Allowances Act 1968, Schedule 7 to that Act shall not apply.
- (3) Schedule 18 to this Act shall be construed as if it were contained in Chapter I of Part XIV of the Taxes Act (patents and know-how).
Writing-down allowances for acquisition of know-how
65
- (1) With respect to expenditure incurred on or after 1st April 1986, subsection (1) of section 386 of the Taxes Act (writing-down allowances for expenditure on acquisition of know-how) shall be amended as follows,—
- (a) the words " after 19th March 1968" shall be omitted; and
- (b) for the words " writing-down allowances " there shall be substituted " then, in accordance with Part II of Schedule 18 to the Finance Act 1985, allowances and charges shall be made to and on him"; and
- (c) the words from " shall be made " to " discontinuance " shall be omitted.
- (2) With respect to expenditure incurred as mentioned in subsection (1) above,—
- (a) Part II of Schedule 18 to this Act shall have effect for the purpose of making the allowances and charges referred to in subsection (1) of section 386 of the Taxes Act; and
- (b) subsection (9) of that section shall not apply.
- (3) With respect to consideration received in respect of the disposal of know-how on or after 1st April 1986—
- (a) in subsection (2) of section 386 of the Taxes Act for the word " not" there shall be substituted " neither brought into account as disposal value under Part II of Schedule 18 to the Finance Act 1985 nor"; and
- (b) in subsection (4) of that section after the word " neither " there shall be inserted " brought into account as disposal value under Part II of Schedule 18 to the Finance Act 1985 nor".
Hotels
66
- (1) No initial allowance shall be made in respect of capital expenditure incurred on or after 1st April 1986 in respect of a qualifying hotel (within the meaning of section 38 of the Finance Act 1978) unless that expenditure—
- (a) consists of the payment of sums under a contract entered into on or before 13th March 1984 by the person incurring the expenditure, and
- (b) is incurred before 1st April 1987.
- (2) Subsection (1) above shall be construed as if it were contained in Part I of the Capital Allowances Act 1968 except that—
- (a) expenditure shall not be treated for the purposes of that subsection as having been incurred after the date on which it was in fact incurred by reason only of section 1(6) of that Act (expenditure incurred before a trade begins); and
- (b) expenditure falling within subsection (1)(b) of section 5 of that Act (purchase price of building bought unused) shall be treated for the purposes of that subsection as having been incurred at the latest time when any expenditure falling within subsection (1)(a) of that section (expenditure on the construction of the building) was incurred.
Chapter III — Capital Gains
Exemption for gilt-edged securities and qualifying corporate bonds
67
Modification of indexation allowance
68
Relief for disposals by individuals on retirement from family business
69
Relief for other disposals associated with retirement
70
Assets disposed of in a series of transactions
71
Commodity and financial futures and traded options
72
Chapter IV — Securities
The accrued income scheme
Deemed sums and reliefs on transfers
73
Treatment of deemed sums and reliefs
74
- (1) Subsection (2) below applies if a person is treated as entitled under section 73 above to a sum on securities of a particular kind in an interest period, and either—
- (a) he is not treated as entitled under that section to relief on securities of that kind in the period, or
- (b) the sum (or total sum) to which he is treated as entitled exceeds the amount (or total amount) of relief to which he is treated as entitled under that section on securities of that kind in the period.
- (2) The person shall be treated as receiving on the day the period ends annual profits or gains whose amount is (depending on whether subsection (1)(a) or il)(b) above applies) equal to the sum (or total sum) to which he is treated as entitled or equal to the amount of the excess; and the profits or gains shall be chargeable to tax under Case VI of Schedule D for the chargeable period in which they are treated as received.
- (3) Subsection (4) below applies if a person is treated as entitled under section 73 above to relief on securities of a particular kind in an interest period, and either—
- (a) he is not treated as entitled under that section to a sum on securities of that kind in the period, or
- (b) the amount (or total amount) of relief to which he is treated as entitled exceeds the sum (or total sum) to which he is treated as entitled under that section on securities of that kind in the period.
- (4) The person shall be entitled to an allowance whose amount is (depending on whether subsection (3)(a) or (3)(b) above applies) equal to the amount (or total amount) of relief to which he is treated as entitled or equal to the amount of the excess; and subsection (5) or (6) below shall apply.
- (5) Any amount to which the person is entitled by way of interest which falls due on the securities at the end of the interest period, and is taken into account in computing tax charged for the chargeable period in which the interest period ends, shall for the purposes of the Tax Acts be treated as reduced by the amount of the allowance.
- (6) But if the period is one which does not end with an interest payment day, the person shall be treated as becoming, in the next interest period, entitled under section 73 above to relief on the securities of an amount equal to the amount of the allowance.
- (7) Where but for this subsection a company would by virtue of subsection (2) above be treated as receiving profits or gains on a day which does not fall within an accounting period of the company, the profits or gains shall instead be treated as received by the company on the latest day of the interest period which does so fall.
Exceptions from preceding provisions
75
- (1) Section 73 (2) (a) or (3) (a) above (as the case may be) does not apply if—
- (a) the transferor carries on a trade and the transfer falls to be taken into account for the purposes of the Tax Acts in computing the profits or losses of that trade,
- (b) the transferor is an individual and on no day in the year of assessment in which the interest period ends or the previous year of assessment the nominal value of securities held by him exceeded £5,000,
- (c) the securities transferred form part of the estate of a deceased person, the transferor is his personal representative and on no day in the year of assessment in which the interest period ends or the previous year of assessment the nominal value of securities held by him as the deceased's personal representative exceeded £5,000,
- (d) the securities transferred are held on a disabled person's trusts, the transferor is trustee of the settlement and on no day in the year of assessment in which the interest period ends or the previous year of assessment the nominal value of securities held by him as trustee of the settlement exceeded £5,000,
- (e) the transferor does not fulfil the residence requirement for the chargeable period in which the transfer is made and is not a non-resident United Kingdom trader in that period,
- (f) the transferor is not ordinarily resident in the United Kingdom during the chargeable period in which the transfer occurs and, if he became entitled in the period to any interest on the securities transferred, it would not be liable to income tax by virtue of section 99 of the Taxes Act (securities free of income tax for residents abroad),
- (g) the securities transferred are FOTRA securities, the transferor is not domiciled in the United Kingdom at any time in the chargeable period in which the transfer occurs, and he is either not ordinarily resident in the United Kingdom during that period or a non-resident United Kingdom trader in that period, or
- (h) the transferor is an individual who, if he became entitled in the year of assessment in which the transfer occurs to any interest on the securities transferred, would be liable, in respect of the interest, to tax chargeable under Case IV or Case V of Schedule D and computed on the amount of sums received in the United Kingdom.
- (2) Section 73(2)(b) or (3)(b) above (as the case may be) does not apply if—
- (a) the transferee carries on a trade, and if at the time he acquired the securities he were to transfer them that transfer would fall to be taken into account for the purposes of the Tax Acts in computing the profits or losses of that trade, or
- (b) subsection (1)(b), (c), (d), (e), (f), (g) or (h) above would apply if " transferor " read " transferee ".
- (3) For the purposes of this section a person fulfils the residence requirement for a chargeable period if he is resident in the United Kingdom during any part of the period or is ordinarily resident in the United Kingdom during the period.
- (4) For the purposes of this section a person is a non-resident United Kingdom trader in a chargeable period if during any part of it he is (though neither resident during any part of it nor ordinarily resident during it) carrying on a trade in the United Kingdom through a branch or agency and the securities transferred—
- (a) were situated in the United Kingdom and used or held for the purposes of the branch or agency at or before the time of the transfer (where the person concerned is a transferor), or
- (b) were so situated at the time of the transfer and were acquired for use by or for the purposes of the branch or agency (where the person concerned is a transferee),
but the provisions in this subsection relating to the situation of the securities in the United Kingdom do not apply where the person concerned is a company.
- (5) For the purposes of this section " disabled person's trusts " means trusts falling within paragraph 5(1) of Schedule 1 to the Capital Gains Tax Act 1979, " branch or agency " has the meaning given by section 12(3) of that Act, and the place where securities are situated shall be determined in accordance with section 18(4) of that Act.
- (6) For the purposes of this section " FOTRA securities" means securities issued with the condition mentioned in section 22(1) of the Finance (No. 2) Act 1931 (securities free of tax for residents abroad) as modified by virtue of section 60(1) of the Finance Act 1940.
Deemed interest on certain securities
Deemed interest
76
Schedule 22 to this Act (which relates to securities held between certain dates) shall have effect.
Further provisions
Further provisions
77
Schedule 23 to this Act (which contains provisions relating to interpretation and other matters) shall have effect.
Part III — Stamp Duty
Takeovers
78
Voluntary winding-up: transfer of shares
79
- (1) Subsection (2) below applies where a company is Voluntary being wound up altogether voluntarily and there is an arrangement under section 287 of the Companies Act 1948, section 582 of the Companies Act 1985 or section 257 of the Companies Act (Northern Ireland) 1960 whereby—
- (a) its liquidator transfers to another company (company A) shares in a company (company B) which is a subsidiary of the company being wound up,
- (b) company A issues relevant securities (but issues or transfers no other property) to the liquidator or a member or members of the company being wound up, and
- (c) company A acquires control of company B in consequence of the transfer of shares in company B.
- (2) Stamp duty under the heading " Conveyance or Transfer on Sale" in Schedule 1 to the Stamp Act 1891 shall not be chargeable on an instrument transferring the shares in company B to company A.
- (3) Where subsection (2) above would apply but for the fact that company A not only issues relevant securities but also issues or transfers other property (whether or not it is or includes money) the value of the relevant securities shall be ignored in calculating stamp duty under the heading mentioned in that subsection on an instrument transferring the shares in company B to company A.
- (4) In this section " securities " includes shares, and " relevant securities " means securities which may be registered in a register kept by or on behalf of company A and in relation to which the terms of the arrangement make no provision for partial or total conversion directly or indirectly into money (whether by way of redemption, sale or otherwise) at a time which falls or may fall before the expiry of the period of three years commencing with the day on which the arrangement is completed.
- (5) For the purposes of this section relevant securities shall not be taken to have been issued unless they are registered, in a register kept by or on behalf of company A, in the name of the liquidator or member concerned of the company being wound up.
- (6) References in this section to shares in company B include references to convertible loan capital of the company; and " convertible loan capital" means loan capital mentioned in section 126(2) of the Finance Act 1976.
- (7) For the purposes of this section company A has control of company B if company A has power to control company B's affairs by virtue of holding shares in, or possessing voting power in relation to, company B or any other body corporate.
- (8) In this section " subsidiary" has the same meaning as in the Companies Act 1948, the Companies Act 1985 or the Companies Act (Northern Ireland) 1960 (as the case may be).
- (9) An instrument in respect of which stamp duty is not chargeable by virtue only of subsection (2) above shall not be taken to be duly stamped unless it is stamped with the duty to which it would be liable but for that subsection or it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty. ;
- (10) An instrument in respect of which reduced stamp duty is chargeable by virtue of subsection (3) above shall not be taken to be duly stamped unless it is stamped with the duty to which it would be liable but for that subsection or it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is duly stamped.
- (11) This section applies to—
- (a) instruments executed on or after 26th March 1985, and
- (b) instruments executed on or after 19th March 1985 which are stamped on or after 26th March 1985.
- (12) For the purposes of section 14(4) of the Stamp Act 1891 (instruments not to be given in evidence etc. unless stamped in accordance with the law in force at the time of first execution), the law in force at the time of execution of an instrument falling within subsection (11)(b) above shall be deemed to be that as varied in accordance with this section.
- (13) This section shall be deemed to have come into operation on 26th March 1985.
Takeovers and winding-up: modifications
80
- (1) This section modifies the operation of sections 78 and 79 above as they apply to instruments executed on or after 1st August 1985.
- (2) In sections 78 and 79 " shares " includes stock.
- (3) References in sections 78 and 79 to shares in company B include references to excessive return capital of the company; and " excessive return capital" means loan capital to which section 126(1) of the Finance Act 1976 does not apply by virtue of section 126(3).
- (4) The terms of a general offer or other arrangement shall be disregarded for the purposes of sections 78(4) and 79(4) to the extent that they provide for the sale of securities to a person other than company A.
- (5) Section 78(5) shall have effect as if for the words from " unless " to the end there were substituted " unless—
- (a) they are registered, in a register kept by or on behalf of company A, in the name of the person transferring the shares in company B by way of the exchange, or
- (b) they are registered, in such a register, in the name of company B and are held on trust for the person so transferring."
- (6) In section 78(8) the reference to members of company B includes a reference to persons entitled to the company's convertible loan capital (within the meaning of section 78(6)) or to its excessive return capital (within the meaning of subsection (3) above).
Renounceable letters of allotment etc.
81
- (1) Subsection (2) below applies where there is an arrangement whereby—
- (a) rights under an instrument are renounced in favour of a person (A),
- (b) the rights are rights to shares in a company (company B), and
- (c) A, or a person connected with A, or A and such a person together, has or have control of company B or will have such control in consequence of the arrangement.
- (2) The instrument shall not be exempt by virtue of paragraph 24(d) of Schedule 13 to the Finance Act 1999 (renounceable letters of allotment, etc.) from stamp duty under or by reference to Part I of that Schedule (conveyance or transfer on sale).
- (3) References in this section to shares in company B include references to its loan capital to which section 79(4) of the Finance Act 1986 does not apply by virtue of section 79(5) or (6)(convertible loan capital and excessive return capital).
- (4) In this section “shares” includes stock.
- (5) For the purposes of this section a person has control of company B if he has power to control company B's affairs by virtue of holding shares in, or possessing voting power in relation to, company B or any other body corporate.
- (6) For the purposes of this section one person is connected with another if he would be so connected for the purposes of the Taxation of Chargeable Gains Act 1992.
- (7) This section applies to instruments if rights are renounced under them on or after 1st August 1985, except where the arrangement concerned includes an offer for the rights and on or before 27th June 1985 the offer became unconditional as to acceptances.
Gifts inter vivos
82
- (1) The stamp duty chargeable by virtue of section 74 of the Finance (190910) Act 1910 (gifts inter vivos) is abolished.
- (2) In section 58(7) of the Stamp Act 1891 (valuation by reference to value for purposes of section 74 of 1910 Act) for the words from “the value” to the end there shall be substituted “the value at any time of any property, that value shall be taken to be the price which the property might reasonably be expected to fetch on a sale at that time in the open market.”
- (3) In section 90(5) of the Finance Act 1965 (which relates to valuation for the purposes of subsection (1) of that section and of section 74 of the 1910 Act) for “either of those provisions” there shall be substituted “that subsection”; and in section 4(5) of the Finance Act (Northern Ireland) 1965 (which makes similar provision) for “either of those provisions” there shall be substituted “that subsection”.
- (4) In section 15(1) of the Finance (No. 2) Act 1983 (relief from duty under section 74 of the 1910 Act for local constituency associations) for the words from “7 above” to the end there shall be substituted “7 above, section 57 of the Stamp Act 1891 shall not apply in relation to a conveyance or transfer by which the disposal or, in the case of paragraph (b), either of the disposals referred to in that paragraph is effected.”
- (5) An instrument—
- (a) in respect of which stamp duty would be chargeable by virtue of section 74 of the 1910 Act apart from this section, and
- (b) on which stamp duty is not chargeable under Part I of Schedule 13 to the Finance Act 1999 (conveyance or transfer on sale),
shall not be deemed to be duly stamped unless it has, in accordance with section 12 of the 1891 Act, been stamped with a particular stamp denoting that it is duly stamped or that it is not chargeable with any duty.
- (6) This section applies to—
- (a) instruments executed on or after 26th March 1985, and
- (b) instruments executed on or after 19th March 1985 which are stamped on or after 26th March 1985.
- (7) For the purposes of section 14(4) of the Stamp Act 1891 (instruments not to be given in evidence etc. unless stamped in accordance with the law in force at the time of first execution), the law in force at the time of execution of an instrument falling within subsection (6)(b) above shall be deemed to be that as varied in accordance with this section.
- (8) The preceeding provisions of this section shall be deemed to have come into operation on 26th March 1985.
- (9) Subsection (5) above does not apply to an instrument which is required by regulations under section 87(1) or (2) below to be certified.
Transfers in connection with divorce etc.
83
- (1) Stamp duty under Part I of Schedule 13 to the Finance Act 1999 (conveyance or transfer on sale) shall not be chargeable on an instrument by which property is conveyed or transferred from one party to a marriage to the other if the instrument—
- (a) is executed in pursuance of an order of a court made on granting in respect of the parties of a decree of divorce, nullity of marriage or judicial separation, or
- (b) is executed in pursuance of an order of a court which is made in connection with the dissolution or annulment of the marriage or the parties’ judicial separation and which is made at any time after the granting of such a decree, or
- (c) is executed at any time in pursuance of an agreement of the parties made in contemplation of or otherwise in connection with the dissolution or annulment of the marriageor their judicial separation..
- (2) An instrument in respect of which stamp duty is not chargeable under the heading mentioned in subsection (1) above by virtue only of that subsection shall be chargeable under this subsection with stamp duty of £5.
- (3) This section applies to instruments executed on or after 26th March 1985 and shall be deemed to have come into operation on that date.
Death: varying dispositions, and appropriations
84
- (1) Where, within the period of two years after a person’s death, any of the dispositions (whether effected by will, under the law relating to intestacy or otherwise) of the property of which he was competent to dispose are varied by an instrument executed by the persons or any of the persons who benefit or would benefit under the dispositions, stamp duty under Part I of Schedule 13 to the Finance Act 1999 (conveyance or transfer on sale) shall not be chargeable on the instrument.
- (2) Subsection (1) above does not apply where the variation is made for any consideration in money or money’s worth other than consideration consisting of the making of a variation in respect of another of the dispositions.
- (3) Subsection (1) above applies whether or not the administration of the estate is complete or the property has been distributed in accordance with the original dispositions.
- (4) Where property is appropriated by a personal representative in or towards satisfaction of a general legacy of money, stamp duty under the heading mentioned in subsection (1) above shall not be chargeable on an instrument giving effect to the appropriation.
- (5) Where on an intestacy property is appropriated by a personal representative in or towards satisfaction of any interest of a surviving husband or wife in the intestate’s estate, stamp duty under the heading mentioned in subsection (1) above shall not be chargeable on an instrument giving effect to the appropriation.
- (6) The reference in subsection (5) above to an interest in the intestate’s estate—
- (a) includes a reference to the capital value of a life interest which the surviving husband or wife has under the Intestates’ Estates Act 1952 elected to have redeemed, and
- (b) in Scotland, includes a reference to prior rights (within the meaning of the Succession (Scotland) Act 1964) but, without prejudice to subsection (7) below, not to such rights as are mentioned in that subsection.
- (7) Where in Scotland, on an intestacy or otherwise, property is appropriated by a personal representative in or towards satisfaction of the right of a husband to jus relicti, of a wife to jus relictae or of issue to legitim, stamp duty under the heading mentioned in subsection (1) above shall not be chargeable on an instrument giving effect to the appropriation.
- (8) An instrument in respect of which stamp duty is not chargeable under the heading mentioned in subsection (1) above by virtue only of subsection (1), (4), (5) or (7) above shall be chargeable under this subsection with stamp duty of £5.
- (9) But an instrument which is chargeable under subsection (8) above shall not be treated as duly stamped unless it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is duly stamped.
- (10) Subject to subsection (11) below, this section applies to instruments executed on or after 26th March 1985 and shall be deemed to have come into operation on that date.
- (11) Subsections (5) to (7) above and, so far as it relates to subsection (5) or (7), subsection (8) above apply to instruments executed on or after 1st August 1985.
Repeal of certain fixed duties
85
- (1) The headings which are specified in Schedule 1 to the Stamp Act 1891 and are mentioned in Schedule 24 to this Act shall be omitted.
- (2) In section 7 of the Finance Act 1907 (stamping of hirepurchase agreements) for the words from “shall only be charged” to the end there shall be substituted “shall not be charged with any stamp duty.”
- (3) This section and that Schedule apply to—
- (a) instruments executed on or after 26th March 1985, and
- (b) instruments executed on or after 19th March 1985 which are not stamped before 26th March 1985.
- (4) For the purposes of section 14(4) of the Stamp Act 1891 (instruments not to be given in evidence etc. unless stamped in accordance with the law in force at the time of first execution), the law in force at the time of execution of an instrument falling within subsection (3) (b) above shall be deemed to be that as varied in accordance with this section.
- (5) This section and that Schedule shall be deemed to have come into operation on 26th March 1985.
Abolition of duty on contract notes
86
- (1) Subsections (1) and (2) of section 77 of the Finance (1909-10) Act 1910 (duty on contract notes) shall cease to have effect.
- (2) This section applies to contract notes made and executed on or after 26th March 1985, and shall be deemed to have come into operation on that date.
Certificates
87
- (1) The Commissioners may make regulations providing that an instrument which is of a kind specified in them—
- (a) shall be certified to be an instrument of that kind, and
- (b) shall not be treated as duly stamped if it is not so certified.
- (2) The Treasury may make regulations providing that an instrument which is of a kind specified in them, and which would apart from this subsection be chargeable with stamp duty of a fixed amount under any provision so specified, shall not be charged with such duty under that provision if it is certified to be an instrument of that kind.
- (3) Certification under this section shall be by such method as the regulations may specify, and in particular they may provide for a certificate to be borne by or attached to or otherwise associated with an instrument in such manner as they may specify.
- (4) A certificate under this section shall be in such form and signed by such person as the regulations may specify.
- (5) Regulations under this section may contain such incidental or consequential provisions as the Commissioners or Treasury (as the case may be) think fit.
- (6) Regulations under this section may make different provision for different cases or descriptions of case.
- (7) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
Exchange rates
88
Section 12 of the Finance Act 1899 (fixed exchange rate for foreign currency) shall not apply to instruments executed on or after 1st August 1985, and section 6 of the Stamp Act 1891 (exchange rate at date of instrument) shall apply to instruments to which section 12 of the 1899 Act would apply if this Act had not been passed.
Exemption from section 28 of Finance Act 1931
89
- (1) Section 28 of the Finance Act 1931 (production to Commissioners of instruments transferring land and furnishing of particulars) shall not apply in relation to any instrument (an “exempt instrument”) which falls within any class prescribed for the purposes of this section by regulations made by the Commissioners.
- (2) Regulations under this section may—
- (a) provide that the particulars mentioned in Schedule 2 to the 1931 Act shall be furnished to the Commissioners, in accordance with the requirements of the regulations, in respect of exempt instruments or such descriptions of exempt instruments as may be prescribed by the regulations;
- (b) make different provision in relation to different cases or kinds of case and in respect of different parts of Great Britain.
- (3) Any person who fails to comply with any requirement imposed by regulations made under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale . . ..
- (4) The power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.
- (5) Section 35(x) of the 1931 Act (which gives power by regulations to exempt certain instruments in Scotland where particulars are obtained through the General Register of Sasines and which is superseded by the power given by this section) shall cease to have effect.
- (6) Regulations made under section 35(x) shall have effect after the commencement of this section as if they were made under this section and as if they imposed on the Keeper of the Registers of Scotland the duty mentioned in section 35(x).
Part IV — Oil Taxation
Limitations on relief for exploration and appraisal expenditure
90
- (1) With respect to expenditure incurred on or after 19th March 1985, section 5A of the Oil Taxation Act 1975 (allowance of exploration and appraisal expenditure) shall be amended in accordance with subsections (3) to (5) below.
- (2) with respect to expenditure incurred on or after 1st April 1986, in subsection (2) of the said section 5A (the purposes for which expenditure is to be incurred to quality for relief), for the words “the United Kingdom, the territorial sea thereof”, in each place where they occur, there shall be substituted “the territorial sea of the United Kingdom”.
- (3) After subsection (2) there shall be inserted the following subsection—
(2A) Any reference in subsection (2) above to a designated area does not include a sector which, by virtue of subsection (3)(b) of section 107 of the Finance Act 1980 (transmedian fields), is deemed to be a designated area
- (4) In subsection (5) (which modifies the application of certain provisions of section 5 of the Oil Taxation Act 1975 in relation to section 5A) in paragraph (c) (which excludes certain receipts from being taken into account under subsection (6) of section 5 of that Act and thereby prevents the expenditure which qualifies for relief being reduced on account of those receipts) for the words from “does not include” onwards there shall be substituted—
(i) includes a reference to a sum received, or treated by virtue of subsection (5A) below as received, from the disposal of oil won in the course of operations carried out for any of the purposes in paragraphs (a) to (c) of subsection (2) of this section; but (ii) does not include a reference to a sum received for the assignment of any of the rights conferred by a licence or of any interest in a licensed area
- (5) After subsection (5) there shall be inserted the following subsections—
(5A) Subsection (5B) below applies in any case where— (a) oil which is won as mentioned in paragraph (c)(i) of subsection (5) above is either disposed of otherwise than in sales at arm’s length or appropriated to refining or to any use except for production purposes of an oil field, and (b) if that oil had been disposed of in a sale at arm’s length, then, by virtue of section 5(6) of this Act as applied by subsection (5) above, certain expenditure would have been reduced by reference to the receipt of a sum from that disposal. (5B) Where this subsection applies, the oil concerned shall be treated for the purposes of subsection (5)(c)(i) above and section 5(6) of this Act as having been disposed of for a sum equal to its market value at the material time in the calendar month in which it was disposed of or appropriated as mentioned in subsection (5A)(a) above and, accordingly, for those purposes— (a) a sum equal to that market value shall be treated as having been received from that disposal; and (b) no account shall be taken of any sum actually received from the disposal of any of that oil. (5C) In the application of Schedule 3 to this Act for the purpose of ascertaining the market value of oil as mentioned in subsection (5B) above,— (a) in paragraph 2, in paragraph (c) of sub-paragraph (2) for the words from the beginning to “paragraph in question” there shall be substituted “the contract is for the sale of the whole quantity of oil whose market value falls to be ascertained for the purposes of section 5A(5B) of this Act”; (b) sub-paragraph (3) and (4) of paragraph 2 shall be omitted; and (c) any reference in paragraphs 2 and 2A to oil being relevantly appropriated shall be construed as a reference to its being appropriated as mentioned in subsection (5A)(a) above
Chargeable periods relevant to limit on tax payable and expenditure supplement
91
- (1) In subsection (1A) of section 9 of the Oil Taxation Act 1975 (the chargeable periods in respect of which the tax payable is limited under that section) in paragraph (b) (chargeable periods after the net profit period), for the words “included in paragraph (a) above” there shall be substituted “which are included in paragraph (a) above and in which the amount of oil won and saved from the field exceeds 1,000 metric tonnes”; and at the end of that subsection there shall be added the words “and for the purposes of paragraph (b) above 1,100 cubic metres of gas at a temperature of 15 degrees centigrade and pressure of one atmosphere shall be counted as equivalent to one metric tonne”.
- (2) The amendments made by subsection (1) above has effect with respect to any oil field in respect of which the first chargeable period ends after 30th June 1985.
- (3) In section 111 of the Finance Act 1981 (restriction of expenditure supplement by reference to net profit period), in subsection (1) for the words from “in which” onwards there shall be substituted
which is the earliest chargeable period ending after a development decision has been made for the field in which— (a) the amount of oil won and saved from the field exceeds 1,000 metric tonnes (counting 1,100 cubic metres of gas at a temperature of 15 degrees centigrade and pressure of one atmosphere as equivalent to one metric tonne); and (b) a net profit from the field accrues to the participator; and subsection (7) of section 5A of the principal Act (time when development decision is made) shall apply for the purposes of this subsection as it applies for the purposes of subsection (1)(c) of that section.
- (4) The amendment made by subsection (3) above has effect with respect to chargeable periods ending after 30th June 1985.
Qualifying assets: exclusion of land and certain buildings
92
- (1) In subsection (1) of section 8 of the Oil Taxation Act 1983 (meaning of “qualifying asset”) after the word “means” there shall be inserted “subject to subsection (1A) below”.
- (2) After subsection (1) of that section there shall be inserted the following subsection—
(1A) Notwithstanding anything in subsection (1) above, the following assets are not qualifying assets for the purposes of this Act, namely,— (a) land or an interest in land; and (b) a building or structure which is situated on land and which does not fall within any of sub-paragraphs (i) to (iv) of paragraph (c) of subsection (4) of section 3 of the principal Act.
- (3) In section 15(3) of the Oil Taxation Act 1983 (interpretation) in the definition of “qualifying asset” for the words “section 8(1)” there shall be substituted “section 8”.
- (4) In paragraph 4 of Schedule 2 to that Act (cases where all the oil is exempt gas) at the end of sub-paragraph (2) (modifications of section 8(1)) there shall be inserted the following subparagraph—
(2A) In any case where this paragraph applies, paragraph (b) of subsection (1A) of section 8 of this Act shall have effect in relation to the participator as if— (a) for the words “does not” there were substituted “would not”; and (b) at the end there were added the words “even if section 10(2) of the principal Act were disregarded”
- (5) This section has effect for determining whether any consideration which is received or receivable after 19th March 1985 constitutes tariff receipts or disposal receipts within the meaning of the Oil Taxation Act 1983.
Part V — Miscellaneous and Supplementary
Abolition of development land tax and tax on development gains
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- (1) Development land tax shall not be charged in respect of any disposal taking place on or after 19th March 1985; and for this purpose “disposal” includes a deemed disposal within the meaning of the Development Land Tax Act 1976 (in this section referred to as “the 1976 Act”) and any other event which, but for the repeals effected by Part X of Schedule 27 to this Act, would constitute a disposal of an interest in land for the purposes of that Act.
- (2) Without prejudice to subsection (1) above, no realised development value, within the meaning of the 1976 Act, shall accrue to any person on or by reason of any event occurring on or after 19th March 1985.
- (3) In any case where, immediately before 19th March 1985, liability for development land tax stands for the time being deferred as mentioned in section 27 of the 1976 Act, that liability shall be extinguished with effect from that date.
- (4) In any case where—
- (a) by virtue of paragraph 52 of Schedule 8 to the 1976 Act (postponement of tax on incorporation disposal) an amount of tax is not payable until a time determined in accordance with sub-paragraphs (4) to (6) of that paragraph, and
- (b) that amount of tax has not become payable before 19th March 1985,
that amount of tax shall be remitted with effect from that date.
- (5) Part I of Schedule 25 to this Act shall have effect for supplementing the preceding provisions of this section.
- (6) No part of a chargeable gain which accrues to any person on the disposal of an interest in land on or after 19th March 1985 shall be a development gain by virtue of Chapter 1 of Part III of the Finance Act 1974; and for this purpose “disposal of an interest in land” means any event which, but for the repeals effected by Part X of Schedule 27 to this Act, would be (or be deemed to be) a disposal of an interest in land to which section 38 of that Act would apply.
- (7) In consequence of the preceding provisions of this section and of the repeals effected by Part X of Schedule 27 to this Act, the enactments specified in Part II of Schedule 25 to this Act shall have effect subject to the amendments in that Part; but those amendments do not affect the operation of the enactments concerned in relation to—
- (a) a disposal, as defined in subsection (1) above, taking place before 19th March 1985; or
- (b) a disposal of an interest in land, as defined in subsection (6) above, taking place before that date.
Capital transfer tax: conditional exemption
94
- (1) Schedule 26 to this Act (which contains amendments about conditional exemption) shall have effect.
- (2) Those amendments have effect in relation to events on or after 19th March 1985.
The national heritage: transfer of Treasury functions to Board
95
- (1) The functions of the Treasury under—
- (a) Part II, and section 76 of, and Schedules 3 to 5 to, the Capital Transfer Tax Act 1984 (exempt transfers);
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) the enactments re-enacted by those provisions;
and the corresponding functions of the Treasury under any earlier enactments relating to capital transfer tax or estate duty, are hereby transferred to the Commissioners of Inland Revenue (“the Board”).
- (2) This section shall not affect the validity of anything done by or in relation to the Treasury before the passing of this Act ; and anything which at that date is in the process of being done by or in relation to the Treasury may, if it relates to functions transferred by this section to the Board, be continued by or in relation to the Board.
- (3) Any authorisation, designation, direction, approval, determination, or other thing given, made or done by the Treasury in connection with functions transferred by this section shall have effect as if given, made or done by the Board in so far as that is required for continuing its effect after the passing of this Act.
- (4) Any enactment passed or instrument or other document made before the coming into operation of this section shall have effect, so far as may be necessary, for the purpose or in consequence of the transfer of functions affected by this section as if any reference to the Treasury were or included a reference to the Board.
European Communities and Investment Bank: exemptions
96
- (1) In section 126 of the Finance Act 1984 (tax exemptions in relation to designated international organisations) the following shall be inserted after subsection (3)—
(4) The Treasury may, by order made by statutory instrument, designate any of the Communities or the European Investment Bank for the purposes of this section, and references in subsections (2) and (3) above to an organisation designated for the purposes of this section include references to a body so designated by virtue of this sub-section. (5) Subsection (3) above, as it applies by virtue of subsection (4) above, shall be read as if the words “under the heading “Bearer Instrument” in Schedule 1 to the Stamp Act 1891” were omitted.
- (2) An order made by virtue of subsection (4) of section 126 of the Finance Act 1984 may revoke or vary the European Communities (Loan Stock) (Stamp Duties) Order 1972 (which provides for exemption from stamp duty in respect of issues and transfers of loan stock of the bodies referred to in that subsection, other than the Economic Community).
Extension of Provisional Collection of Taxes Act 1968 to reduced and composite rates
97
In section 1 of the Provisional Collection of Taxes Act 1968, after subsection (1) there shall be inserted the following subsection—
(1A) The reference in subsection (1) above to income tax includes a reference to any amount payable as representing income tax— (a) under section 343 of the Income and Corporation Taxes Act 1970 (dividends and interest payable by building societies); or (b) under section 27 of the Finance Act 1984 (interest paid on deposits with banks etc.).
Short title, interpretation, construction and repeals
98
- (1) This Act may be cited as the Finance Act 1985.
- (2) In this Act “the Taxes Act” means the Income and Corporation Taxes Act [1988 ].
- (3) Part II of this Act, so far as it relates to income tax, shall be construed as one with the Income Tax Acts, sp far as it relates to Corporation Tax Act and, so far as it relates to capital gains tax, shall be construed as one with the Capital Gains Tax Act 1979.
- (4) Part III of this Act shall be construed as one with the Stamp Act 1891.
- (5) Part IV of this Act shall be construed as one with Part I of the Oil Taxation Act 1975.
- (6) The enactments specified in Schedule 27 to this Act are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.
SCHEDULE 1
SCHEDULE 2
Part I — Provisions Substituted in Part II of Schedules 1 to 5 to the Vehicles (Excise) Act 1971 and the Vehicles (Excise) Act (Northern Ireland) 1972
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4
The following are the provisions substituted in the Act of 1971 and the Act of 1972 for Part II of Schedule 4—
| Plated gross weight of vehicle | Plated gross weight of vehicle | Rate of duty | Rate of duty | Rate of duty |
|---|---|---|---|---|
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | Two axle vehicle | Three axle vehicle | Four or more axle vehicle |
| tonnes | tonnes | £ | £ | £ |
| 12 | 13 | 410.00 | 320.00 | 320.00 |
| 13 | 14 | 570.00 | 340.00 | 340.00 |
| 14 | 15 | 740.00 | 340.00 | 340.00 |
| 15 | 17 | 1,030.00 | 340.00 | 340.00 |
| 17 | 19 | — | 490.00 | 340.00 |
| 19 | 21 | — | 660.00 | 340.00 |
| 21 | 23 | — | 900.00 | 490.00 |
| 23 | 25 | — | 1,610.00 | 690.00 |
| 25 | 27 | — | — | 1,000.00 |
| 27 | 29 | — | — | 1,470.00 |
| 29 | 30.49 | — | — | 2,420.00 |
| Plated gross weight of vehicle | Plated gross weight of vehicle | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | Two axle vehicle | Three axle vehicle | Four or more axle vehicle |
| tonnes | tonnes | £ | £ | £ |
| 12 | 13 | 175.00 | 145.00 | 145.00 |
| 13 | 14 | 215.00 | 150.00 | 150.00 |
| 14 | 15 | 255.00 | 150.00 | 150.00 |
| 15 | 17 | 335.00 | 160.00 | 150.00 |
| 17 | 19 | — | 190.00 | 150.00 |
| 19 | 21 | — | 240.00 | 160.00 |
| 21 | 23 | — | 295.00 | 195.00 |
| 23 | 25 | — | 475.00 | 245.00 |
| 25 | 27 | — | — | 325.00 |
| 27 | 29 | — | — | 445.00 |
| 29 | 30-49 | — | — | 725.00 |
| Plated gross weight of vehicle | Plated gross weight of vehicle | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | Two axle vehicle | Three axle vehicle | Four or more axle vehicle |
| tonnes | tonnes | £ | £ | £ |
| 12 | 13 | 105.00 | 90.00 | 90.00 |
| 13 | 14 | 145.00 | 90.00 | 90.00 |
| 14 | 15 | 185.00 | 90.00 | 90.00 |
| 15 | 17 | 260.00 | 90.00 | 90.00 |
| 17 | 19 | — | 125.00 | 90.00 |
| 19 | 21 | — | 165.00 | 90.00 |
| 21 | 23 | — | 225.00 | 125.00 |
| 23 | 25 | — | 405.00 | 175.00 |
| 25 | 27 | — | — | 250.00 |
| 27 | 29 | — | — | 370.00 |
| 29 | 30-49 | — | — | 605.00 |
| Gross weight of trailer | Gross weight of trailer | Duty supplement | ||
| --- | --- | --- | --- | |
| Exceeding | Not exceeding | Duty supplement | ||
| tonnes | tonnes | £ | ||
| 4 | 8 | 80.00 | ||
| 8 | 10 | 100.00 | ||
| 10 | 12 | 130.00 | ||
| 12 | 14 | 180.00 | ||
| 14 | — | 355.00 | ||
| Gross weight of trailer | Gross weight of trailer | Duty supplement | ||
| --- | --- | --- | --- | |
| Exceeding | Not exceeding | Duty supplement | ||
| tonnes | tonnes | £ | ||
| 4 | 8 | 80.00 | ||
| 8 | 10 | 100.00 | ||
| 10 | 12 | 130.00 | ||
| 12 | 14 | 180.00 | ||
| 14 | — | 355.00 | ||
| Gross weight of trailer | Gross weight of trailer | Duty supplement | ||
| --- | --- | --- | --- | |
| Exceeding | Not exceeding | Duty supplement | ||
| tonnes | tonnes | £ | ||
| — | — | 80.00 | ||
| Plated train weight of tractor unit | Plated train weight of tractor unit | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | For a tractor unit to be used with semitrailers with any number of axles | For a tractor unit to be used only with semi-trailers with not less than two axles | For a tractor unit to be used only with semitrailers with not less than three axles |
| tonnes | tonnes | £ | £ | £ |
| 12 | 14 | 470.00 | 420.00 | 420.00 |
| 14 | 16 | 590.00 | 440.00 | 440.00 |
| 16 | 18 | 690.00 | 440.00 | 440.00 |
| 18 | 20 | 810.00 | 440.00 | 440.00 |
| 20 | 22 | 940.00 | 550.00 | 440.00 |
| 22 | 23 | 1,000.00 | 620.00 | 440.00 |
| 23 | 25 | 1,150.00 | 780.00 | 440.00 |
| 25 | 26 | 1,150.00 | 870.00 | 530.00 |
| 26 | 28 | 1,150.00 | 1,090.00 | 720.00 |
| 28 | 29 | 1,210.00 | 1,210.00 | 820.00 |
| 29 | 31 | 1,680.00 | 1,680.00 | 1,050.00 |
| 31 | 33 | 2,450.00 | 2,450.00 | 1,680.00 |
| 33 | 34 | 2,450.00 | 2,450.00 | 2,250.00 |
| 34 | 36 | 2,750.00 | 2,750.00 | 2,750.00 |
| 36 | 38 | 3,100.00 | 3,100.00 | 3,100.00 |
| Plated train weight of tractor unit | Plated train weight of tractor unit | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | For a tractor unit to be used with semitrailers with any number of axles | For a tractor unit to be used only with semi-trailers with not less than two axles | For a tractor unit to be used only with semitrailers with not less than three axles |
| tonnes | tonnes | £ | £ | £ |
| 12 | 14 | 190.00 | 175.00 | 175.00 |
| 14 | 16 | 225.00 | 180.00 | 180.00 |
| 16 | 18 | 250.00 | 180.00 | 180.00 |
| 18 | 20 | 280.00 | 180.00 | 180.00 |
| 20 | 22 | 310.00 | 205.00 | 180.00 |
| 22 | 23 | 325.00 | 225.00 | 180.00 |
| 23 | 25 | 370.00 | 265.00 | 185.00 |
| 25 | 26 | 370.00 | 285.00 | 210.00 |
| 26 | 28 | 370.00 | 345.00 | 260.00 |
| 28 | 29 | 380.00 | 380.00 | 285.00 |
| 29 | 31 | 525.00 | 525.00 | 355.00 |
| 31 | 33 | 755.00 | 755.00 | 550.00 |
| 33 | 34 | 990.00 | 990.00 | 950.00 |
| 34 | 36 | 1,155.00 | 1,155.00 | 1,155.00 |
| 36 | 38 | 1,300.00 | 1,300.00 | 1,300.00 |
| Plated train weight of tractor unit | Plated train weight of tractor unit | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | For a tractor unit to be used with semitrailers with any number of axles | For a tractor unit to be used only with semi-trailers with not less than two axles | For a tractor unit to be used only with semitrailers with not less than three axles |
| tonnes | tonnes | £ | £ | £ |
| 12 | 14 | 120.00 | 105.00 | 105.00 |
| 14 | 16 | 150.00 | 110.00 | 110.00 |
| 16 | 18 | 175.00 | 110.00 | 110.00 |
| 18 | 20 | 205.00 | 110.00 | 110.00 |
| 20 | 22 | 235.00 | 140.00 | 110.00 |
| 22 | 23 | 250.00 | 155.00 | 110.00 |
| 23 | 25 | 290.00 | 195.00 | 110.00 |
| 25 | 26 | 290.00 | 220.00 | 135.00 |
| 26 | 28 | 290.00 | 275.00 | 180.00 |
| 28 | 29 | 305.00 | 305.00 | 205.00 |
| 29 | 31 | 420.00 | 420.00 | 265.00 |
| 31 | 33 | 615.00 | 615.00 | 420.00 |
| 33 | 34 | 615.00 | 615.00 | 565.00 |
| 34 | 36 | 690.00 | 690.00 | 690.00 |
| 36 | 38 | 775.00 | 775.00 | 775.00 |
| Plated train weight of tractor unit | Plated train weight of tractor unit | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | For a tractor unit to be used with semitrailers with any number of axles | For a tractor unit to be used only with semi-trailers with not less than two axles | For a tractor unit to be used only with semitrailers with not less than three axles |
| tonnes | tonnes | £ | £ | £ |
| 12 | 14 | 420.00 | 420.00 | 420.00 |
| 14 | 20 | 440.00 | 440.00 | 440.00 |
| 20 | 22 | 550.00 | 440.00 | 440.00 |
| 22 | 23 | 620.00 | 440.00 | 440.00 |
| 23 | 25 | 780.00 | 440.00 | 440.00 |
| 25 | 26 | 870.00 | 440.00 | 440.00 |
| 26 | 28 | 1,090.00 | 440.00 | 440.00 |
| 28 | 29 | 1,210.00 | 520.00 | 440.00 |
| 29 | 31 | 1,680.00 | 640.00 | 446.00 |
| 31 | 33 | 2,450.00 | 970.00 | 440.00 |
| 33 | 34 | 2,450.00 | 1,420.00 | 550.00 |
| 34 | 36 | 2,450.00 | 2,030.00 | 830.00 |
| 36 | 38 | 2,730.00 | 2,730.00 | 1,240.00 |
| Plated train weight of tractor unit | Plated train weight of tractor unit | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | For a tractor unit to be used with semitrailers with any number of axles | For a tractor unit to be used only with semi-trailers with not less than two axles | For a tractor unit to be used only with semitrailers with not less than three axles |
| tonnes | tonnes | £ | £ | £ |
| 12 | 14 | 175.00 | 175.00 | 175.00 |
| 14 | 20 | 180.00 | 180.00 | 180.00 |
| 20 | 22 | 205.00 | 180.00 | 180.00 |
| 22 | 23 | 225.00 | 180.00 | 180.00 |
| 23 | 25 | 265.00 | 180.00 | 180.00 |
| 25 | 26 | 285.00 | 185.00 | 180.00 |
| 26 | 28 | 345.00 | 200.00 | 190.00 |
| 28 | 29 | 380.00 | 225.00 | 200.00 |
| 29 | 31 | 525.00 | 270.00 | 220.00 |
| 31 | 33 | 755.00 | 405.00 | 240.00 |
| 33 | 34 | 805.00 | 595.00 | 300.00 |
| 34 | 36 | 935.00 | 855.00 | 455.00 |
| 36 | 38 | 1,145.00 | 1,145.00 | 680.00 |
| Plated train weight of tractor unit | Plated train weight of tractor unit | Rate of duty | Rate of duty | Rate of duty |
| --- | --- | --- | --- | --- |
| 1. | 2. | 3. | 4. | 5. |
| Exceeding | Not exceeding | For a tractor unit to be used with semitrailers with any number of axles | For a tractor unit to be used only with semi-trailers with not less than two axles | For a tractor unit to be used only with semitrailers with not less than three axles |
| tonnes | tonnes | £ | £ | £ |
| 12 | 14 | 105.00 | 105.00 | 105.00 |
| 14 | 18 | 110.00 | 110.00 | 110.00 |
| 18 | 20 | 110.00 | 110.00 | 110.00 |
| 20 | 22 | 140.00 | 110.00 | 110.00 |
| 22 | 23 | 155.00 | 110.00 | 110.00 |
| 23 | 25 | 195.00 | 110.00 | 110.00 |
| 25 | 26 | 220.00 | 110.00 | 110.00 |
| 26 | 28 | 275.00 | 110.00 | 110.00 |
| 28 | 29 | 305.00 | 130.00 | 110.00 |
| 29 | 31 | 420.00 | 160.00 | 110.00 |
| 31 | 33 | 615.00 | 245.00 | 110.00 |
| 33 | 34 | 615.00 | 355.00 | 140.00 |
| 34 | 36 | 615.00 | 510.00 | 210.00 |
| 36 | 38 | 685.00 | 685.00 | 310.00 |
5
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Part II — Amendment of Part I of Schedule 4 to the Vehicles (Excise) Act 1971 and the Vehicles (Excise) Act (Northern Ireland) 1972
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SCHEDULE 3
Manufacture of spirits during the recovery of beer
1
In section 13 (regulations and directions relating to manufacture of spirits) after subsection (2) there shall be inserted the following subsection—
(2A) If the Commissioners so direct, spirits manufactured by a process to which a direction under subsection (2) above applies shall be treated as not being within the charge of duty on spirits under section 5 above.
Spirits: attenuation charge
2
In section 14 (the attenuation charge) at the end of subsection (6) (which empowers the Commissioners to make an allowance where the charge arises wholly or partly from certain specified causes) there shall be added the words “or from some other legitimate cause”.
Determination of beer duty
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Restrictions on adding substances to beer
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SCHEDULE 4
1
The following shall be substituted for section 20 of the Hydrocarbon Oil Duties Act 1979 (contaminated or accidentally mixed oil)—
(20) (1) This section applies where it is shown to the satisfaction of the Commissioners— (a) that hydrocarbon oil has been delivered for home use, that since it was so delivered it has become contaminated, and that at the time it became contaminated it was oil on which the appropriate duty of excise had been paid, or (b) that hydrocarbon oils of different descriptions have been delivered for home use, that since they were so delivered they have become accidentally mixed with each other, and that at the time of mixing they were oils on which the appropriate duty of excise had been paid. (2) Subject to any conditions which the Commissioners see fit to impose for the protection of the revenue, they may make to such person as they see fit a payment in accordance with subsection (3) below. (3) The payment shall be of an amount appearing to the Commissioners to be equal to the excise duty which would have been payable if— (a) the oil had been delivered for home use (uncontaminated) at the time it became contaminated (where subsection (1)(a) above applies), or (b) the oils had been delivered for home use (unmixed) at the time they became mixed (where subsection (1)(b) above applies).
2
The following shall be inserted after section 20 of that Act (as substituted by paragraph 1 above)—
(20A) (1) In this section “new oil” means hydrocarbon oil which after it has been charged under section 6 above as oil of one description becomes oil of a different description as a result of approved mixing in a pipeline with other hydrocarbon oil which has been so charged; and “approved mixing” has the meaning given by subsection (5) below. (2) Where the Commissioners are of opinion that, if the new oil had fallen to be charged under section 6 above as oil of the different description, the amount of duty would have been greater or less than that actually charged, then— (a) if in their opinion the amount would have been greater, they may charge under this section a duty of excise on the oil of an amount equal to the difference, and (b) if in their opinion the amount would have been less, they may make under this section an allowance equal to the difference. (3) In determining the amount of duty which would have been charged if the new oil had fallen to be charged under section 6 above as oil of the different description, the rates to be applied are those effective at the time when in the Commissioners’ opinion the oil became oil of the different description. (4) Where the Commissioners have made a charge or allowance under subsection (2) above, then, for the purposes of this Act, any relief or rebate which was permitted or allowed at the time of the charge under section 6 above shall be disregarded. (5) The Commissioners may make regulations— (a) enabling them to grant to persons (whether individually or of a specified class) permission to mix in a pipeline different descriptions of hydrocarbon oil (whether generally or in the case of specified descriptions only) and to withdraw permission for reasonable cause; (b) enabling permission to be granted subject to conditions and conditions to be varied for reasonable cause, and in this section “approved mixing” means mixing in accordance with permission under the regulations. (6) The Commissioners may make regulations— (a) for prescribing the method of charging the duty under this section; (b) for determining the form of the allowance under this section (which may be by way of repayment or otherwise) and the time the allowance may be made. (7) Regulations under this section may make different provision for different circumstances.
3
In section 27(3) of that Act (expressions have meanings given by certain other Acts), in the list of expressions defined in the Management Act, after the entry relating to “officer” and “proper” there shall be inserted “pipeline”.
4
In paragraph 11 of Schedule 3 to that Act (securing and collecting duty on oil produced in the United Kingdom) the words “produced in the United Kingdom” shall cease to have effect.
SCHEDULE 5
Part I — Amendments of Betting and Gaming Duties Act 1981
1
- (1) In section 21 (gaming machine licences) in subsection (1) for the words “Great Britain” there shall be substituted “the United Kingdom”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) For subsections (2) to (4) of that section there shall be substituted the following subsections—
(2) For the purposes of this Act a gaming machine is a smallprize machine if the value or aggregate value of the benefits in money or money’s worth, which any player who is successful in a single game played by means of the machine may receive, cannot exceed £3. (3) The Commissioners may by order substitute for the sum for the time being mentioned in subsection (2) above such higher sum as may be specified in the order, with effect from a date so specified.
4
- (1) In section 23 (amount of duty) in paragraph (a) of subsection (1) for the words from “where” to “Acts” there shall be substituted “which authorise the provision only of smallprize machines”.
- (2) In Tables A and B in subsection (1) of that section the words“Premises with local authority approval” and“Premises without local authority approval” shall be omitted.
5
In section 24(5) (provision of gaming machine in contravention of restrictions) for the words “a penalty of £500” there shall be substituted “a penalty of level 5 on the standard scale.”
6
In section 26(2) (interpretation of provisions relating to gaming machine licence duty), for the entry relating to Great Britain there shall be substituted the following entries—
”United Kingdom’ includes the territorial waters of the United Kingdom; “small prize machine” has the meaning given by section 22(2) above.
7
In section 33(1) (general interpretation provisions) at the end of the definition of “the prescribed sum” there shall be inserted the words
and (c) if the offence was committed in Northern Ireland, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II — Extension to Northern Ireland of Certain Subordinate Legislation
10
Any orders or regulations made under any provision of Schedule 4 to the Betting and Gaming Duties Act 1981, in so far as they have effect immediately before 1st August 1985, shall have effect on and after that day in relation to Northern Ireland as if—
- (a) that Act extended to Northern Ireland at the time when the orders or regulations were made, and
- (b) the orders or regulations were made in relation to Northern Ireland as well as Great Britain.
SCHEDULE 6
SCHEDULE 7
1
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) In subparagraph (6) (assessment on failure to prove availability or loss or destruction of goods) after the words “supplied by him” there shall be inserted “or have been exported from the United Kingdom otherwise than by way of supply”.
- (3) After subparagraph (6) of that paragraph there shall be inserted the following subparagraph—
(6A) In any case where,— (a) as a result of a person’s failure to make a return for a prescribed accounting period, the Commissioners have made an assessment under subparagraph (1) above for that period, and (b) the tax assessed has been paid but no proper return has been made for the period to which the assessment related, and (c) as a result of a failure to make a return for a later prescribed accounting period, being a failure by the person referred to in paragraph (a) above or a person acting in a representative capacity in relation to him, as mentioned in subparagraph (4) above, the Commissioners find it necessary to make another assessment under subparagraph (1) above, then, if the Commissioners think fit, having regard to the failure referred to in paragraph (a) above, they may specify in the assessment referred to in paragraph (c) above an amount of tax greater than that which they would otherwise have considered to be appropriate.
2
In paragraph 7(2) (records to be preserved for a period not exceeding three years) for “three” there shall be substituted “six”.
3
- (1) In paragraph 8 (furnishing of information and production of documents) for subparagraphs (2) and (3) there shall be substituted the following subparagraphs—
(2) Every person who is concerned (in whatever capacity) in the supply of goods or services in the course or furtherance of a business or to whom such a supply is made and every person who is concerned (in whatever capacity) in the importation of goods in the course or furtherance of a business shall— (a) furnish to the Commissioners, within such time and in such form as they may reasonably require, such information relating to the goods or services or to the supply or importation as the Commissioners may reasonably specify; and (b) upon demand made by an authorised person, produce or cause to be produced for inspection by that person,— (i) at the principal place of business of the person upon whom the demand is made or at such other place as the authorised person may reasonably require, and (ii) at such time as the authorised person may reasonably require, any documents relating to the goods or services or to the supply or importation. (3) Where, by virtue of subparagraph (2) above, an authorised person has power to require the production of any documents from any such person as is referred to in that subparagraph, he shall have the like power to require production of the documents concerned from any other person who appears to the authorised person to be in possession of them; but where any such other person claims a lien on any document produced by him, the production shall be without prejudice to the lien.
- (2) In subparagraph (4) of that paragraph for the words from “goods” to “services” there shall be substituted “goods or services or the importation of goods”.
- (3) After subparagraph (4) there shall be inserted the following subparagraphs—
(4A) An authorised person may take copies of, or make extracts from, any document produced under subparagraph (2) or subparagraph (3) above. (4B) If it appears to him to be necessary to do so, an authorised person may, at a reasonable time and for a reasonable period, remove any document produced under subparagraph (2) or subparagraph (3) above and shall, on request, provide a receipt for any document so removed; and where a lien is claimed on a document produced under subparagraph (3) above, the removal of the document under this subparagraph shall not be regarded as breaking the lien. (4C) Where a document removed by an authorised person under subparagraph (4B) above is reasonably required for the proper conduct of a business he shall, as soon as practicable, provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
4
After paragraph 9 there shall be inserted the following paragraph
(9A) An authorised person may at any reasonable time require a person making such a supply as is referred to in subsection (1) of section 13 of this Act or any person acting on his behalf— (a) to open any gaming machine, within the meaning of that section; and (b) to carry out any other operation which may be necessary to enable the authorised person to ascertain the amount which, in accordance with subsection (2) of that section, is to be taken as the value of supplies made in the circumstances mentioned in subsection (1) of that section in any period.
5
- (1) In paragraph 10 (entry and search of premises and persons) in subparagraph (3) (search warrants)—
- (a) for the words “an offence in connection with the tax” there shall be substituted “a fraud offence which appears to be of a serious nature”;
- (b) after the word “authorising” there shall be inserted “subject to subparagraphs (5) and (6) below”;
- (c) in paragraph (b) for the words “such an offence” there shall substituted “a fraud offence which appears to him to be of a serious nature”; and
- (d) in paragraph (c) the words “to have committed or to be about to commit such an offence or” shall be omitted.
- (2) At the end of the paragraph there shall be added the following subparagraphs—
(4) In subparagraph (3) above ”a fraud offence’ means an offence under any provision of subsections (1) to (3) of section 39 of this Act. (5) The powers conferred by a warrant under this paragraph shall not be exercisable— (a) by more than such number of authorised persons as may be specified in the warrant; nor (b) outside such times of day as may be so specified; nor (c) if the warrant so provides, otherwise than in the presence of a constable in uniform. (6) An authorised person seeking to exercise the powers conferred by a warrant under this paragraph or, if there is more than one such authorised person, that one of them who is in charge of the search shall provide a copy of the warrant endorsed with his name as follows:— (a) if the occupier of the premises concerned is present at the time the search is to begin, the copy shall be supplied to the occupier; (b) if at that time the occupier is not present but a person who appears to the authorised person to be in charge of the premises is present, the copy shall be supplied to that person; and (c) if neither paragraph (a) nor paragraph (b) above applies, the copy shall be left in a prominent place on the premises.
6
After paragraph 10 there shall be inserted the following paragraphs—
(10A) (1) Where, on an application by an authorised person, a justice of the peace or, in Scotland, a justice (within the meaning of section 462 of the Criminal Procedure (Scotland) Act 1975) is satisfied that there are reasonable grounds for believing— (a) that an offence in connection with the tax is being, has been or is about to be committed, and (b) that any recorded information (including any document of any nature whatsoever) which may be required as evidence for the purpose of any proceedings in respect of such an offence is in the possession of any person, he may make an order under this paragraph. (2) An order under this paragraph is an order that the person who appears to the justice to be in possession of the recorded information to which the application relates shall— (a) give an authorised person access to it, and (b) permit an authorised person to remove and take away any of it which he reasonably considers necessary, not later than the end of the period of seven days beginning on the date of the order or the end of such longer period as the order may specify. (3) The reference in subparagraph (2)(a) above to giving an authorised person access to the recorded information to which the application relates includes a reference to permitting the authorised person to take copies of it or to make extracts from it. (4) Where the recorded information consists of information contained in a computer, an order under this paragraph shall have effect as an order to produce the information in a form in which it is visible and legible and, if the authorised person wishes to remove it, in a form in which it can be removed. (5) This paragraph is without prejudice to paragraphs 8 and 10 above. (10B) (1) An authorised person who removes anything in the exercise of a power conferred by or under paragraph 10 or 10A above shall, if so requested by a person showing himself— (a) to be the occupier of premises from which it was removed, or (b) to have had custody or control of it immediately before the removal, provide that person with a record of what he removed. (2) The authorised person shall provide the record within a reasonable time from the making of the request for it. (3) Subject to subparagraph (7) below, if a request for permission to be granted access to anything which— (a) has been removed by an authorised person, and (b) is retained by the Commissioners for the purpose of investigating an offence, is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of an authorised person. (4) Subject to subparagraph (7) below, if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, the officer shall— (a) allow the person who made the request access to it under the supervision of an authorised person for the purpose of photographing it or copying it; or (b) photograph or copy it, or cause it to be photographed or copied. (5) Where anything is photographed or copied under subparagraph (4)(b) above the photograph or copy shall be supplied to the person who made the request. (6) The photograph or copy shall be supplied within a reasonable time from the making of the request. (7) There is no duty under this paragraph to grant access to, or to supply a photograph or copy of, anything if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice— (a) that investigation; (b) the investigation of an offence other than the offence for the purposes of the investigation of which the thing was removed; or (c) any criminal proceedings which may be brought as a result of— (i) the investigation of which he is in charge, or (ii) any such investigation as is mentioned in paragraph (b) above. (8) Any reference in this paragraph to the officer in overall charge of the investigation is a reference to the person whose name and address are endorsed on the warrant or order concerned as being the officer so in charge. (10C) (1) Where, on an application made as mentioned in subparagraph (2) below, the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by paragraph 10B above, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order. (2) An application under subparagraph (1) above shall be made,— (a) in the case of a failure to comply with any of the requirements imposed by subparagraphs (1) and (2) of paragraph 10B above, by the occupier of the premises from which the thing in question was removed or by the person who had custody or control of it immediately before it was so removed, and (b) in any other case, by the person who had such custody or control. (3) In this paragraph “the appropriate judicial authority” means— (a) in England and Wales, a magistrates’ court; (b) in Scotland, the sheriff; and (c) in Northern Ireland, a court of summary jurisdiction, as defined in Article 2(2)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981. (4) In England and Wales and Northern Ireland, an application for an order under this paragraph shall be made by way of complaint; and sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 shall apply as if any reference in those provisions to any enactment included a reference to this paragraph.
SCHEDULE 8
Interpretation
1
In this Schedule “Schedule 8” means Schedule 8 to the principal Act (constitution and procedure of value added tax tribunals).
The President
2
- (1) In paragraph 2 of the Schedule 8, in subparagraph (2) after the words “Lord Chancellor”, there shall be inserted “after consultation with the Lord Advocate”.
- (2) After that subparagraph there shall be inserted the following subparagraph—
(3) Subject to paragraph 3 below, the appointment of the President shall be for such term and subject to such conditions as may be determined by the Lord Chancellor, after consultation with the Lord Advocate, and a person who ceases to hold the office of President shall be eligible for reappointment thereto.
3
- (1) In paragraph 3 of Schedule 8, in subparagraph (1) after the word “office”, in the second place where it occurs, there shall be inserted “(a)” and at the end of the subparagraph there shall be added
or (b) if subparagraph (1A) below applies, on the date on which he attains the age of seventyfive
.
- (2) After subparagraph (1) of that paragraph there shall be inserted the following subparagraph—
(1A) If the Lord Chancellor, after consultation with the Lord Advocate, considers it desirable in the public interest to do so, he may authorise the President to continue in office after the end of the completed year of service mentioned in subparagraph (1) (a) above.
- (3) In subparagraph (2) of that paragraph after the word “fit” there shall be inserted “and after consultation with the Lord Advocate”.
- (4) At the end of subparagraph (3) of that paragraph there shall be added the words “after consultation with the Lord Advocate”.
- (5) In subparagraph (4) of that paragraph for the words, “the Treasury may” there shall be substituted “the Lord Chancellor may with the approval of the Treasury”.
- (6) In subparagraph (5) of that paragraph for the words “the Treasury”, where they first occur, there shall be substituted “the Lord Chancellor” and for the words “the Treasury may” there shall be substituted “the Lord Chancellor may with the approval of the Treasury”.
Sittings of tribunals
4
In paragraph 4 of Schedule 8—
- (a) for the words “the President” there shall be substituted “the Lord Chancellor or, in relation to Scotland, the Secretary of State”;
- (b) the words “with the consent of the Treasury” shall be omitted; and
- (c) for the word “he” there shall be substituted “the Lord Chancellor or, as the case may be, the Secretary of State”.
Membership of tribunals
5
- (1) In paragraph 7 of Schedule 8, in subparagraph (3), after the word “made”, when it first occurs, there shall be inserted “by the appropriate authority, that is to say” and in each of paragraphs (a) to (c) the word “by” shall be omitted.
- (2) After subparagraph (3) of that paragraph there shall be inserted the following subparagraphs—
(3A) No person may be appointed to a panel of chairmen of tribunals for England and Wales or Northern Ireland unless he is a barrister or solicitor of not less than seven years’ standing; and no person may be appointed to a panel of chairmen of tribunals for Scotland unless he is an advocate or solicitor of not less than seven years’ standing. (3B) Subject to the following provisions of this paragraph, the appointment of a chairman of value added tax tribunals shall be for such term and subject to such conditions as may be determined by the appropriate authority, and a person who ceases to hold the office of chairman shall be eligible for reappointment thereto. (3C) A chairman of value added tax tribunals may resign his office at any time and shall vacate his office— (a) at the end of the completed year of service in which he attains the age of seventytwo; or (b) if subparagraph (3D) below applies in his case, on the date on which he attains the age of seventyfive. (3D) If the appropriate authority considers it desirable in the public interest to do so, he may authorise a chairman of value added tax tribunals to continue in office after the end of the completed year of service mentioned in subparagraph (3C)(a) above. (3E) The appropriate authority may, if he thinks fit, remove a chairman of value added tax tribunals from office on the ground of incapacity or misbehaviour.
- (3) In subparagraph (4) of that paragraph for the words “the Treasury may”, in both places where they occur, there shall be substituted “the Lord Chancellor may with the approval of the Treasury”.
- (4) In subparagraph (5) of that paragraph for the words “the Treasury”, where they first occur, there shall be substituted “the Lord Chancellor” and for the words “the Treasury may” there shall be substituted “the Lord Chancellor may with the approval of the Treasury”.
Administration
6
- (1) Officers and staff may be appointed under section 27 of the Courts Act 1971 (court staff) for carrying out the administrative work of value added tax tribunals in England and Wales.
- (2) The Secretary of State may make available such officers and staff as he may consider necessary for carrying out the administrative work of value added tax tribunals in Scotland.
[Schedules 9to 13repealed by ICTA 1988 s.844and Sch.31.See 1987edition for these provisions.]
[Schedules14to 17repealed by 1990(C) s.164(4)and Sch.2.See 1989edition for these provisions.]
SCHEDULES 9—13
PART I — General Modifications
Interpretation
1
In this Part of this Schedule—
- (a) a " company owned by a consortium" means either such a trading company as is referred to in paragraph (a) or paragraph (b) of subsection (2) of section 258 of the Taxes Act or such a holding company as is referred to in paragraph (c) of that subsection (companies owned directly or indirectly by consortia);
- (b) a " consortium claim " means a claim for group relief made by virtue of subsection (2) of section 258 of the Taxes Act;
- (c) a " group claim " means a claim for group relief made by virtue of subsection (1) of that section ;
- (d) a "group/consortium company" means a company which is both a member of a group of companies and a company owned by a consortium ;
- (e) " relevant accounting period " means an accounting period beginning on or after 1st August 1985 ; and
- (f) other expressions have the same meaning as in section 258 and the following sections of Chapter I of Part XI of the Taxes Act.
Claims for losses etc. of a group /consortium company
2
- (1) For the purpose of a consortium claim in respect of the loss or other amount of any relevant accounting period of a group/ consortium company, that loss or other amount shall be treated as reduced (or, as the case may be, extinguished) by first deducting therefrom the potential relief attributable to group claims.
- (2) Subject to sub-paragraph (3) below, in relation to the loss or other amount of a relevant accounting period of a group/consortium company, the potential relief attributable to group claims is the aggregate amount of group relief that would be claimed if every company which, as a member of the same group of companies as the group /consortium company, could make a group claim in respect of that loss or other amount made such a claim for an amount which, when set against the claimant company's total profits for its corresponding accounting period, would equal those profits.
- (3) Where for any accounting period another member of the group of companies of which the group/consortium company is a member has a loss or other amount available for relief and one or more group claims is or are in fact made in respect of that loss or other amount, account shall be taken of the relief so claimed before determining (in relation to the loss or other amount of the group/consortium company) the potential relief attributable to group claims under sub-paragraph (2) above.
Claims for relief by a group/consortium company
3
- (1) In any case where—
- (a) a consortium claim is made by a group/consortium company in respect of a loss or other amount of an accounting period of a member of the consortium, and
- (b) the corresponding accounting period of the group/consortium company is a relevant accounting period,
the total profits of that accounting period of the group/consortium company, against a fraction of which that loss or other amount may be set off (in accordance with section 259(8)(b) of the Taxes Act), shall be treated as reduced (or, as the case may be, extinguished) by deducting therefrom the potential relief available to the group/consortium company by way of group claims.
- (2) Subject to sub-paragraph (3) below, in relation to a relevant accounting period of a group/consortium company, the potential relief available to the company by way of group claims is the maximum amount of group relief that could be claimed by the company for that accounting period on group claims relating to the losses or other amounts available for relief of other members of the group of companies of which the group/consortium company is a member.
- (3) Where another member of the group of companies of which the group/consortium company is a member in fact makes one or more group claims in respect of losses or other amounts of other members of the group, account shall be taken of the relief already claimed by that company in determining the potential relief available to the group/consortium company by way of group claims under subparagraph (2) above.
Trading losses to be set against profits before group relief
4
- (1) Where a company owned by a consortium—
- (a) has in any relevant accounting period incurred such a loss as is referred to in section 259(1) of the Taxes Act, and
- (b) has profits (of whatever description) of that accounting period against which that loss could be set off under subsection (2) of section 177 of that Act,
the amount of that loss which is available to any member of the consortium on a consortium claim shall be determined on the assumption that the company owned by the consortium has made a claim under that subsection requiring the loss to be so set off.
- (2) Where the company referred to in sub-paragraph (1) above is a group/consortium company, the amount of the loss shall be determined under that sub-paragraph before any reduction is made under paragraph 2 above.
Extension of scope of consortium relief
5
- (1) This paragraph applies where—
- (a) a company (in this paragraph referred to as " the link company ") which is a member of a consortium is also a member of a group of companies; and
- (b) the link company could (disregarding any deficiency of profits) make a consortium claim in respect of the loss or other amount eligible for relief of a relevant accounting period of a company owned by the consortium.
- (2) Subject to sub-paragraphs (3) and (4) below, a company (in this paragraph referred to as a group member ") which is a member of the group referred to in sub-paragraph (1)(a) above but is not itself a member of the consortium may make any consortium claim which could be made by the link company ; and the fraction which is appropriate under section 259(8) of the Taxes Act where a group member is the claimant company shall be the same as that which would be appropriate if the link company were the claimant company.
- (3) A group member may not, by virtue of sub-paragraph (2) above, make a consortium claim in respect of the loss or other amount of any relevant accounting period of a company owned by the consortium unless the claimant company was a member of the group concerned throughout the whole of the accounting period or, as the case may be, each accounting period of the link company which, if that company were making the claim, would be a corresponding accounting period in relation to the relevant accounting period concerned.
- (4) The maximum amount of relief which, in the aggregate, may be claimed by group members and the link company by consortium claims relating to the loss or other amount of any relevant accounting period of a company owned by the consortium shall not exceed the relief which could have been claimed by the fink company (disregarding any deficiency of profits) if this paragraph had not been enacted.
6
- (1) This paragraph applies where—
- (a) a company (in this paragraph referred to as "the link company") which is a member of a consortium is also a member of a group of companies ; and
- (b) a company which is a member of that group of companies but is not itself a member of the consortium has for any relevant accounting period a loss or other amount available for relief;
and, in relation to the link company, any reference in this paragraph to a group member is a reference to a company falling within paragraph (b) above.
- (2) Subject to the following provisions of this paragraph, a company owned by the consortium may make any consortium claim in respect of the loss or other amount referred to in sub-paragraph (1)(b) above which it could make if the group member were a member of the consortium at all times when the link company was such a member, but not at any other time.
- (3) The fraction which is appropriate under section 259(8) of the Taxes Act in relation to a consortium claim made by virtue of subparagraph (2) above shall be the same as that which would be appropriate if the link company were the surrendering company, except that the accounting period in respect of which the member's share in the consortium is to be ascertained shall be that of the group member which is in fact the surrendering company.
- (4) A company owned by the consortium may not, by virtue of sub-paragraph (2) above, make a consortium claim in respect of the loss or other amount of any relevant accounting period of a group member unless, throughout the whole of that accounting period, the group member was a member of the group of companies referred to in sub-paragraph (1) above.
- (5) For any accounting period of a company owned by the consortium (in this sub-paragraph referred to as " the claimant company's accounting period "), the maximum amount of relief which, in the aggregate, may be claimed by that company by consortium claims relating to the losses or other amounts of accounting periods of the link company and group members shall not exceed that fraction of the total profits of the claimant company's accounting period which would be brought into account under section 259(8)(b) of the Taxes Act on a consortium claim in respect of which—
- (a) the link company was the surrendering company ; and
- (b) the link company's accounting period was the same as the claimant company's accounting period.
Restriction on consortium claims where companies join or leave consortium
7
- (1) In any case where—
- (a) a consortium claim is made in respect of the loss or other amount of a relevant accounting period of a company owned by a consortium (in this paragraph that claim is referred to as "the primary claim", that company is re-referred to as " the principal surrendering company " and that accounting period is referred to as " the principal accounting period "), and
- (b) the company making the primary claim or, if that claim is made by virtue of paragraph 5 above, the company which is the link company for the purposes of that paragraph was not a member of the consortium throughout the whole of the principal accounting period, and
- (c) on or after the date on which the primary claim is made, a consortium claim is made which falls within sub-paragraph (2) below,
no relief shall be allowed on the primary claim or, as the case may be, any relief which was so allowed shall be withdrawn.
- (2) A consortium claim is to be taken into account under subparagraph (1)(c) above if—
- (a) it is in respect of the loss or other amount of an accounting period of a surrendering company (being a company owned by the consortium referred to in sub-paragraph (1) above); and
- (b) it is made by the company making the primary claim or, if that claim or the claim mentioned in this sub-paragraph is made by virtue of paragraph 5 above, by any other member of the group referred to in sub-paragraph (1)(a) of that paragraph; and
- (c) at any time during the principal accounting period the surrendering company is a member of the same group of companies as the principal surrendering company ; and
- (d) the accounting period to which the claim relates falls, in whole or in part, within the principal accounting period.
- (3) Where any relief which has been allowed is withdrawn by virtue of sub-paragraph (1) above, all such adjustments shall be made, whether by way of assessment or otherwise, as may be necessary in consequence of that withdrawal.
8
- (1) In any case where—
- (a) a company owned by a consortium makes a consortium claim (in this paragraph referred to as " the primary claim ") in respect of the loss or other amount of a relevant accounting period of a member of the consortium or, if the primary claim is made by virtue of paragraph 6 above, of a company which, in relation to that member of the consortium, is a group member, within the meaning of that paragraph, and
- (b) the member of the consortium concerned (whether as the surrendering company or the link company, within the meaning of paragraph 6 above) was not a member of the consortium throughout the whole of the relevant accounting period referred to in paragraph (a) above, and
- (c) on or after the date on which the primary claim is made, a consortium claim is made which falls within sub-paragraph (2) below,
no relief shall be allowed on the primary claim or, as the case may be, any relief which was so allowed shall be withdrawn.
- (2) A consortium claim is to be taken into account under subparagraph (1)(c) above if—
- (a) it is made by a company owned by the consortium referred to in sub-paragraph (1) above ; and
- (b) the company making the claim is a member of the same group of companies as the company making the primary claim; and
- (c) the claim relates to the loss or other amount of an accounting period of the consortium member referred to in sub-paragraph (1) above or of a company which, in relation to that consortium member, is a group member, within the meaning of paragraph 6 above ; and
- (d) the accounting period referred to in paragraph (c) above falls, in whole or in part, in the relevant accounting period referred to in sub-paragraph (1)(a) above.
- (3) Where any relief which has been allowed is withdrawn by virtue of sub-paragraph (1) above, all such adjustments shall be made, whether by way of assessment or otherwise, as may be necessary in consequence of that withdrawal.
PART II — Amendments of Section 263 of Taxes Act
9
- (1) At the beginning of subsection (3) there shall be inserted the words " Subject to subsections (3A) and (3B) below".
- (2) In that subsection for the words from " are made " to " relate to " there shall be substituted the words " relating to".
- (3) In that subsection after the words "surrendering company ", in the first place where they occur, there shall be inserted " are made by two or more claimant companies which themselves are members of a group of companies".
10
After subsection (3) there shall be inserted the following subsections : —
(3A) If companies which are members of different groups make claims falling within subsection (3) above, that subsection shall apply separately in relation to the companies in each group. (3B) For the purposes of subsection (3) above, there shall be left out of account a claim made by a company if— (a) the claimant company joins or leaves a group of companies at the same time as the surrendering company ; and (b) both before and after that time either the claimant company is a 75 per cent, subsidiary of the surrendering company or the surrendering company is a 75 per cent, subsidiary of the claimant company or both companies are 75 per cent, subsidiaries of another company.
11
- (1) In subsection (4) for the words "If claims for group relief " there shall be substituted " Subject to subsection (4A) below, if claims as respects two or more surrendering companies which themselves are members of a group of companies".
- (2) In that subsection the words " as respects more than one surrendering company " shall be omitted.
12
After subsection (4) there shall be inserted the following subsections : —
(4A) If claims falling within subsection (4) above are made as respects surrendering companies which are members of different groups, that subsection shall apply separately in relation to claims as respects the surrendering companies in each group. (4B) For the purposes of subsection (4) above, there shall be left out of account a claim made as respects a surrendering company if— (a) the surrendering company joins or leaves the group of companies concerned at the same time as the claimant company ; and (b) both before and after that time either the surrendering company is a 75 per cent, subsidiary of the claimant company or the claimant company is a 75 per cent, subsidiary of the surrendering company or both companies are 75 per cent, subsidiaries of another company.
13
For subsection (5) there shall be substituted the following subsection : —
(5) References in subsections (3) to (4A) above to claims for group relief do not include references to consortium claims, that is to say, claims made by virtue of section 258(2) above.
.
SCHEDULES 14—17.
PART I — Paragraphs to be Substituted for Paragraph 3 of Schedule 1 to the Taxes Act
PART II — Insurances Made Between 1st June 1984 and 19th March 1985
1
- (1) If, with respect to a policy for the assurance of a gross sum which is issued as mentioned in section 40(5) of this Act, there is—
- (a) an infringement of any of the conditions in sub-paragraphs (2) to (7) of the paragraph 3 which is set out in Part I of this Schedule (including an infringement occurring before that paragraph comes into force as part of the Taxes Act), or
- (b) an infringement of the conditions in subsection (2) of section 334 of the Taxes Act,
section 332(1) of that Act shall not apply to so much as is attributable to that policy of the profits of the registered friendly society or branch concerned which arise from tax exempt life or endowment business, as defined in section 337 of that Act.
- (2) With respect to policies falling within sub-paragraph (1) above, that sub-paragraph has effect in place of section 334(1) of the Taxes Act.
- (3) Nothing in sub-paragraph (1) above shall be taken to affect the status of a policy as a qualifying policy within the meaning of Part I of Schedule 1 to the Taxes Act.
PART III — Control of Business Done by Old Societies
2
In this Part of this Schedule " old society " means a friendly society which is not a new society (as defined in section 337(3) of the Taxes Act).
3
- (1) This Part of this Schedule applies if, on or after 19th March 1985, an old society—
- (a) begins to carry on tax exempt life or endowment business; or
- (b) in the opinion of the Board begins to carry on such business on an enlarged scale or of a new character.
- (2) If it appears to the Board, having regard to the restrictions placed on qualifying policies issued by new societies by paragraphs 3(b)(1), 3(1)(c) and 3A(3) of Schedule 1 to the Taxes Act (as set out in Part I of tins Schedule), that for the protection of the revenue it is expedient to do so, the Board may give a direction to the old society under paragraph 4 below.
4
A direction under this paragraph is that (and has the effect that) the old society to which it is given is to be treated for the purposes of the Taxes Act as a new society with respect to business carried on after the date of the direction.
5
An old society to which a direction is given may, within thirty days of the date on which it is given, appeal against the direction to the Special Commissioners on the ground that—
- (a) it has not begun to carry on business as mentioned in paragraph 3(1)(a) or paragraph 3(1)(b) above ; or
- (b) that the direction is not necessary for the protection of the revenue.
SCHEDULE 11
Introduction
1
- (1) This sub-paragraph applies to deep discount securities issued by a company where one or both of the following applies—
- (a) immediately before the issue the assets held by the company included relevant securities with a value equal to at least 75 per cent, of the value of all the assets held by it;
- (b) the terms of issue of the deep discount securities are determined by the company by reference to (though not necessarily in such a way that they reflect) the terms of issue of relevant securities which are held by the company when the deep discount securities are issued or which it intends to acquire later.
- (2) This sub-paragraph applies to deep discount securities issued by a company where—
- (a) sub-paragraph (1) above would apply if the references to relevant securities included references to United Kingdom corporate bonds, and
- (b) the company acquired those bonds on or after their issue (by another company) in circumstances where sub-paragraph (1) above would have applied if they had been deep discount securities.
- (3) This sub-paragraph applies to deep discount securities of a particular kind issued by a company and in the case of which—
- (a) neither of the preceding sub-paragraphs applies, and
- (b) at any time in the first income period of the securities of that kind the assets held by the company include relevant securities with a value equal to at least 75 per cent, of the value of all the assets held by it.
- (4) This sub-paragraph applies to deep discount securities issued by a company where either—
- (a) they are issued on a conversion to which section 82 of the Capital Gains Tax Act 1979 applies of old securities, or
- (b) they are issued by a company in exchange for old securities in circumstances in which section 85(3) of that Act applies or are treated as so issued by virtue of section 86(1) of that Act,
and in this sub-paragraph "old securities" means deep discount securities to which sub-paragraph (1), (2) or (3) above or this subparagraph applies, except that securities to which sub-paragraph (3) above applies are not old securities unless sub-paragraph (3)(b) has been fulfilled in their case by the time the conversion or exchange concerned takes place.
- (5) In the following provisions of this Schedule " chargeable security " means a deep discount security to which any of the preceding sub-paragraphs applies.
- (6) In this paragraph—
- " deep discount securities " has the same meaning as in section 36 of the Finance Act 1984,
- " income period " has the meaning given by paragraph 1(7) of Schedule 9 to that Act,
- " issued " shall be construed in accordance with section 36(4) of that Act,
- "relevant securities" means securities within the meaning of Chapter IV of this Part of this Act, but excluding United Kingdom corporate bonds,
- "terms of issue" includes terms relating to amounts payable on redemption or by way of interest, or to times of payment of such amounts, and
- "value" in relation to assets means the price they might reasonably be expected to fetch on a sale in the open market.
- (7) For the purposes of this paragraph a company holds assets if it has a beneficial interest in them and acquires them if it acquires inch an interest in them.
- (8) For the purposes of this paragraph securities are of the same kind if they are treated as being of the same kind by the practice of a stock exchange, or would be so treated if dealt with on a stock exchange.
- (9) In this paragraph " United Kingdom corporate bonds " means securities—
- (a) issued by a company resident in the United Kingdom at the time of issue,
- (b) the debt on which represents and has at all times represented a normal commercial loan, as denned in paragraph 1(5) of Schedule 12 to the Finance Act 1973, and
- (c) which are expressed in sterling and in respect of which no provision is made for conversion into, or redemption in, a currency other than sterling.
- (10) For the purposes of sub-paragraph (9)(c) above—
- (a) a security shall not be regarded as expressed in sterling if the amount of sterling falls to be determined by reference to the value at any time of any other currency or asset; and
- (b) a provision for redemption in a currency other than sterling but at the rate of exchange prevailing at redemption shall be disregarded.
The charge
2
- (1) Where a person acquires a chargeable security, the chargeable amount shall be treated as income chargeable to tax under Case III or (as the case may be) Case IV of Schedule D on each of the following occasions—
- (a) the end of each income period to fall within the period of ownership;
- (b) the end of any income period which ends but does not begin in the period of ownership.
- (2) In sub-paragraph (1) above " the chargeable amount" means—
- (a) where paragraph (a) applies, an amount equal to the income element for the income period;
- (b) where paragraph (6) applies, an amount equal to the income element for the part of the income period falling within the period of ownership.
- (3) The income chargeable shall (notwithstanding anything in sections 119 to 121 or, as the case may be, 122 to 124 of the Taxes Act) be taken into account in computing tax charged for the year of assessment in which the occasion concerned occurs.
- (4) Where the person disposes of the security, or paragraph 8(2)(a) of Schedule 9 to the Finance Act 1984 treats him as disposing of it, any amount (or the aggregate of any amounts) treated as income by virtue of this paragraph shall be deducted from the income chargeable by virtue of paragraph 1(1)(a) of that Schedule.
- (5) Paragraph 8(3) of that Schedule shall not apply in the case of a chargeable security which is converted or exchanged.
- (6) Sub-paragraph (4) above shall not affect the references in paragraphs 1(1)(c) and 9 of that Schedule to the amount mentioned in paragraph 1(1)(a) of that Schedule; and the references in paragraph 8(2)(b) and (c) of that Schedule to the amount on which he is chargeable shall be construed as references to the amount on which he would be chargeable apart from sub-paragraph (4) above.
- (7) Where an amount is (or amounts are) treated as income by virtue of this paragraph, then, in arriving at the accrued income attributable to the period between the person's acquisition and redemption for the purposes of paragraph 7(2) of that Schedule, that amount (or the aggregate of those amounts) shall be deducted from such income found under paragraph 7(2) apart from this sub-paragraph.
- (8) Section 360(2) of the Taxes Act (exemption for charities from tax on chargeable gains) shall apply in relation to tax chargeable by virtue of this paragraph as it applies in relation to tax on chargeable gains.
- (9) In this paragraph, expressions which are also used in paragraph 1 of Schedule 9 to the Finance Act 1984 have the same meanings as in that paragraph.
Information
3
Every company which issues a chargeable security to which paragraph 1(1), (2) or (4) above applies shall cause to be shown on fee certificate of each such security the fact that tax is chargeable under this Schedule.
Minor amendment
4
In paragraph 1(7) of Schedule 9 to the Finance Act 1984, in paragraph (b) of the definition of " income period ", after " begins on " there shall be inserted " the issue or on".
SCHEDULE 12
Introduction
1
In section 48 of this Act and this Schedule "limited partner" means—
- (a) a person who is carrying on a trade as a limited partner in a limited partnership registered under the Limited Partnerships Act 1907,
- (b) a person who is carrying on a trade as a general partner in a partnership, who is not entitled to take part in the management of the trade and who is entitled to have his liabilities, or his liabilities beyond a certain limit, for debts or obligations incurred for the purposes of the trade discharged or reimbursed by some other person, or
- (c) a person who carries on a trade jointly with others and who, under the law of any territory outside the United Kingdom, is not entitled to take part in the management of the trade and is not liable beyond a certain limit for debts or obligations incurred for the purposes of the trade.
Individuals as limited partners
2
- (1) This paragraph applies to an amount which may be given or allowed to an individual under any of the enactments specified in sub-paragraph (3) below—
- (a) in respect of a loss sustained by him in a trade, or of interest paid by him in connection with the carrying on of a trade, in a relevant year of assessment, or
- (b) as an allowance falling to be made to him for a relevant year of assessment either in taxing a trade or by way of discharge or repayment of tax to which he is entitled by reason of his participation in a trade.
- (2) Such an amount may be given or allowed otherwise than against income consisting of profits or gains arising from the trade only to the extent that the amount given or allowed or (as the case may be) the aggregate amount does not exceed the relevant sum.
- (3) The enactments are—
- (a) section 168 of the Taxes Act;
- (b) section 30 of the Finance Act 1978 ;
- (c) section 71 of the Capital Allowances Act 1968 ; and
- (d) section 75 of the Finance Act 1972.
- (4) In this paragraph—
- " relevant year of assessment" means a year of assessment at any time during which the individual carried on the trade as a limited partner;
- "the aggregate amount" means the aggregate of any amounts given or allowed to him at any time under any of the enactments specified in sub-paragraph (3) above— in respect of a loss sustained by him in the trade, or of interest paid by him in connection with carrying it on, in any relevant year of assessment, or as an allowance falling to be made to him for any relevant year of assessment either in taxing the trade or by way of discharge or repayment of tax to which he is entitled by reason of his participation in the trade ;
- " the relevant sum " means the amount of his contribution to the trade as at the appropriate time ; and
- " the appropriate time " is the end of the relevant year of assessment in which the loss is sustained or the interest paid, or for which the allowance falls to be made (except that where he ceased to carry on the trade during that year of assessment it is the time when he so ceased).
- (5) To the extent that an allowance is taken into account in computing profits or gains or losses in the year of loss by virtue of section 169(1) of the Taxes Act it shall, for the purposes of section 48 of this Act and this paragraph, be treated as falling to be made in the year of loss (and not the year of assessment for which the year of loss is the basis year).
Companies as limited partners
3
- (1) This paragraph applies to an amount which may be given or allowed under any of the enactments specified in sub-paragraph (3) below—
- (a) in respect of a loss incurred by a company in a trade, or of charges paid by a company in connection with the carrying on of a trade, in a relevant accounting period, or
- (b) as an allowance falling to be made to a company for a relevant accounting period either in taxing a trade or by way of discharge or repayment of tax to which it is entitled by reason of its participation in a trade ;
and in this paragraph such a company is referred to as "the partner company ".
- (2) Such an amount may be given or allowed to the partner company otherwise than against profits or gains arising from the trade, or to another company, only to the extent that the amount given or allowed or (as the case may be) the aggregate amount does not exceed the relevant sum.
- (3) The enactments are-
- (a) section 177(2) of the Taxes Act;
- (b) section 74 of the Capital Allowances Act 1968 ;
- (c) section 248 of the Taxes Act; and
- (d) subsections (1), (2) and (6) of section 259 of the Taxes Act.
- (4) In this paragraph—
- "relevant accounting period" means an accounting period of the partner company at any time during which it carried on the trade as a limited partner ;
- " the aggregate amount" means the aggregate of any amounts given or allowed to the partner company or another company at any time under any of the enactments specified in sub-paragraph (3) above— in respect of a loss incurred by the partner company in the trade, or of charges paid by it in connection with carrying it on, in any relevant accounting period, or as an allowance falling to be made to the partner company for any relevant accounting period either in taxing tie trade or by way of discharge or repayment of tax to which it is entitled by reason of its participation in the trade;
- "the relevant sum" means the amount of the partner company's contribution to the trade as at the appropriate time ; and
- " the appropriate time " is the end of the relevant accounting period in which the loss is incurred or the charges paid, or for which the allowance falls to be made (except that where the partner company ceased to carry on the trade during that accounting period it is the time when it so ceased).
Contribution
4
A person's contribution to a trade at any time is the aggregate Of—
- (a) the amount which he has contributed to it as capital and has not, directly or indirectly, drawn out or received back (other than anything which he is or may be entitled so to draw out or receive back at any time when he carries on the trade as a limited partner or which he is or may be entitled to require another person to reimburse to him), and
- (6) the amount of any profits or gains of the trade to which he is entitled but which he has not received in money or money's worth.
SCHEDULE 13
Recovery of tax credits incorrectly paid
1
- (1) Where the provisions of section 54 of this Act apply so as to withdraw the entitlement of a company to claim to have a tax credit in respect of a qualifying distribution set against the income tax chargeable on its income and to have the excess of the credit over that income tax paid to it and the company (in this paragraph referred to as " the recipient company ") has either had that excess paid to it, or has received an additional amount in accordance with arrangements made under Regulation 2(1) of the Double Taxation Relief (Taxes on Income) (General) (Dividend) Regulations 1973, it shall be liable to a fine for the violation of the provisions of section 54 of this Act equal to twice the amount of the excess or additional amount as the case may be and such fine (in this section referred to as " the recoverable amount") shall be payable to the Board and be treated as having become payable at the date when the excess or additional amount was paid to the recipient company and may be recovered in accordance with sub-paragraphs (2) to (5) below.
- (2) The recoverable amount may be assessed and recovered as if it were unpaid tax and section 30 of the Taxes Management Act 1970 (recovery of overpayment of tax, etc.) shall apply accordingly.
- (3) Any amount which may be assessed and recovered as if it were unpaid tax by virtue of this paragraph shall carry interest at the rate of 9 per cent, per annum from the date when it was payable in accordance with this paragraph until the date it is paid and it is hereby declared that this paragraph applies to a recoverable amount which is paid without the making of an assessment (but is paid after it is due) and that, where the recoverable amount is charged by any assessment (whether or not any part of it has been paid when the assessment is made), this paragraph applies in relation to interest running before, as well as after, the making of the assessment.
- (4) Where the recoverable amount is not paid by the recipient company within six months from the date on which it became payable—
- (a) the recoverable amount may at any time within six years from the date on which it became payable be assessed and recovered as if it were unpaid tax due from any person who is or was at any time prior to the expiration of the said six year period connected with the recipient company, or would have been connected on the assumption that all the facts and circumstances relating to the recipient company at the time the excess or additional amount as the case may be was paid continued to apply for six years thereafter, and section 30 of the Taxes Management Act 1970 shall apply accordingly, and
- (b) as respects its accounting periods beginning with that in which the excess or additional amount referred to in subparagraph (1) above was paid and ending with that following that in which the recoverable amount is paid in accordance with the provisions of this paragraph, the company which made the qualifying distribution in respect of which the recipient company received the excess or additional amount Shall not be entitled to set any advance corporation tax paid by it against its liability to corporation tax for such periods in accordance with section 85 of the Finance Act 1972 (payments of advance corporation tax to be set against company's liability to corporation tax on its income) nor to surrender the benefit of the whole or any part of any amount of advance corporation tax to a subsidiary in accordance with section 92 of that Act (setting of company's surplus advance corporation tax against subsidiary's liability) in such periods.
- (5) Where a recoverable amount is assessed and recovered from a person connected with the recipient company in accordance with sub-paragraph (4)(a) above, that person shall be liable for the interest payable in accordance with sub-paragraph (3) above and, until the interest is so paid, sub-paragraph (4)(b) above shall apply as if the words " the interest due in accordance with sub-paragraph (3) above is paid " were substituted for the words " the recoverable amount is paid in accordance with the provisions of this paragraph
- (6) Interest payable under this paragraph shall be paid without any deduction of income tax and shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.
- (7) Where under the law in force in a territory outside the United Kingdom interest is payable subject to a deduction in respect of taxation and such deduction applies to an amount of interest paid in accordance with sub-paragraph (3) above, the reference to the rate of 9 per cent, per annum in that sub-paragraph shall be deemed to be a reference to such rate of interest as after such deduction shall be equal to the rate of 9 per cent, per annum.
Claims to payment of tax credits following remedial legislation in unitary states
2
- (1) This paragraph has effect where a company to which section 54 applies has a qualifying presence in a province, state or other part of a territory outside the United Kingdom which has been prescribed as a unitary state for the purposes of that section and, at the time when a qualifying distribution is made to that company by a company which is resident in the United Kingdom, that state has enacted legislation the effect of which is that, as from a future date which shall not be later than 31st December 1986, it will cease to be a unitary state within the meaning of the definition in paragraph 5(1) below, notwithstanding that it remains prescribed as such for the purposes of that section.
- (2) In the circumstances described in sub-paragraph (1) above the company in receipt of the qualifying distribution shall be entitled on or after the effective date to claim to have the tax credit to which it is entitled in respect of the distribution set against its hability to income tax and to have the excess (if any) of the credit over that liability paid to it; but, if payment of the excess or of the additional amount referred to in Regulation 2(1) of the Double Taxation Relief (Taxes on Income) (General) (Dividend) Regulations 1973 is made before the effective date, the provisions of paragraph 1 above shall apply in relation to that payment regardless of lie enactment of the legislation referred to in sub-paragraph (1) above.
- (3) For the purposes of this paragraph the effective date shall be ¢deemed to be the date (not to be later than 31st December 1986) on which the legislation referred to in sub-paragraph (1) above actually becomes effective in the province, state or other part of the territory outside the United Kingdom which has been prescribed as a unitary state for the purposes of section 54, irrespective of the date, if any, specified in that legislation.
Avoidance of provision withdrawing tax credits
3
- (1) In any case where arrangements are made, whether before or after section 54 comes into force, as a result of which interest is paid or a discount is allowed by or through a person who is resident in the United Kingdom, or carries on business in the United Kingdom through a branch or agency, and it is reasonable to suppose that, if such payment or allowance had not been made, a qualifying distribution would have been made by the person by or through whom the payment or allowance is made, or by another company resident in the United Kingdom, to a company which has, or is an associated company of a company which has, a qualifying presence in a unitary state at the time when the payment or allowance is made, then—
- (a) no person who receives that payment or allowance shall been titled to relief from income tax or corporation tax thereon by virtue of arrangements having effect under section 497(1) of the Taxes Act, and
- (b) the payment or allowance shall not be allowed as a deduction in computing any income, profits or losses for any tax purposes.
- (2) Without prejudice to the generality of sub-paragraph (1) above, where a payment or allowance is not of itself a payment or allowance to which sub-paragraph (1) above applies, but is made in conjunction with other payments of whatever nature and taken together with those payments has substantially similar effect to a distribution, then, for the purposes of sub-paragraph (1) above, it shall be treated as a payment or allowance within that sub-paragraph.
- (3) Any company which has received such a payment of interest as is referred to in sub-paragraph (1) above, from which income tax has not been deducted by the person making the payment, and has a qualifying presence in a unitary state at the time of the payment, shall be treated for the purposes of paragraph 1 above as a company from which the entitlement to claim payment of the excess of a tax credit over the income tax chargeable on its income has been withdrawn by section 54(1) and which has had paid to it such an excess in an amount equal to the income tax which should have been deducted from the payment of interest.
Power to inspect documents of non-resident companies
4
- (1) Where it appears to the Board that the provisions of section 54 and this Schedule may apply to a company resident outside the United Kingdom (in this paragraph referred to as a "foreign parent"), the Board may, by notice in writing given to the foreign parent or any associated company of that foreign parent, require that company within such time (not being less than thirty days) as may be specified in the notice to make available for inspection any books, accounts, or other documents or records whatsoever of that company where in the opinion of the Board it is proper that they should inspect such documents for the purposes of ascertaining whether the said provisions apply to the foreign parent or such associated company notwithstanding that in the opinion of the person to whom the notice is given those provisions do not apply to that company or any associated company of that company.
- (2) In the Table to section 98 of the Taxes Management Act 1970 (penalties) at the end of the first column there shall be added—
| Paragraph 4 of Schedule 13 to the Finance Act 1985 |
|---|
.
Meaning of " unitary state ", etc.
5
- (1) In this Schedule and section 54 of this Act—
- " group" and " member of a group" shall be construed in accordance with section 272 (1) of the Taxes Act (definition of groups of companies) with the omission of the restriction in paragraph (a) of that subsection and the substitution of the words " 51 per cent. " for the words "75 per cent." wherever they occur,
- "qualifying distribution " has the same meaning as in Part V of the Finance Act 1972 (taxation of companies and company distributions),
- " unitary state" means a province, state or other part of a territory outside the United Kingdom with the government of which the arrangements referred to in subsection (1) of section 54 have been made which, in taxing the income or profits of companies from sources within that province, state or other part, takes into account, or is entitled to take into account, income, receipts, deductions, outgoings or assets of such companies, or of associated companies of such companies, arising, expended or situated as the case may be outside that territory and which has been prescribed under subsection (7) of that section as a unitary state for the purposes of that section ; but no such province, state or other part shall be so prescribed which only takes into account such income, receipts, deductions, outgoings or assets— if the associated company was incorporated under the law of the territory, or for the purpose of granting relief in taxing dividends received by companies.
- (2) For the purposes of this Schedule and section 54 of this Act—
- (a) section 533 of the Taxes Act (connected persons) applies; and
- (b) section 302 of the Taxes Act (meaning of " associated company " and " control") applies with the substitution of the words " six years " for " one year " in subsection (1) of that section.
SCHEDULE 14
PART I — Amendments with Respect to Expenditure Incurred on or after 1st April 1985
1
In section 46 of the Finance Act 1971 (machinery and plant on lease) after subsection (1) there shall be inserted the following subsection—
(1A) Where subsection (1) above applies, the question whether the provision of the machinery or plant is to be treated as being wholly and exclusively or only partly for the purposes of the trade referred to in paragraph (a) of that subsection shall be determined according to whether the machinery or plant was in fact provided wholly and exclusively for the purpose of letting otherwise than in the course of a trade or only partly for that purpose.
2
In paragraph 5 of Schedule 8 to that Act (use partly for trade purposes and partly for other purposes) in sub-paragraph (1) (first-year allowances)—
- (a) for the words from " that, during" to " used for other purposes " there shall be substituted " that the provision of the machinery or plant is partly for purposes other than those of a trade carried on by him";
- (b) for the words " machinery or plant were to be used only " there shall be substituted " provision of the machinery or plant were wholly and exclusively"; and
- (c) the words " during that period " shall be omitted.
PART II — Amendments with Respect to Chargeable Periods etc. ending on or after 1st April 1985
The Finance Act 1971
3
- (1) At the end of subsection (2A) of section 44 of the Finance Act 1971 (which was inserted by section 59 of the Finance Act 1984) there shall be added the words " and all such assessments and adjustments of assessments shall be made as may be necessary to give effect to this subsection".
- (2) In subsection (4) of that section (definition of "qualifying expenditure ") in paragraph (a), for the words from " which is in use " to " those purposes ", where those words secondly occur, there shall be substituted " being expenditure incurred in the chargeable period in question or its basis period or at any previous time, and "
- (3) In subsection (5) of that section (which among other matters requires, as a condition for bringing disposal value into account, that the machinery or plant has been in use for the purposes of the trade) for the words from " on the provision of which " to the end of paragraph (c) mere shall be substituted—
(a) on the provision of which for the purposes of the trade he has incurred capital expenditure; and (b) which belongs to him at some time in the chargeable period or its basis period ; and (c) in respect of which, in the chargeable period or its basis period, one of the following events occurs, namely— (i) the machinery or plant ceases to belong to him ; (ii) he loses possession of the machinery or plant in circumstances where it is reasonable to assume that the loss is permanent; (iii) the machinery or plant ceases to exist as such (as a result of destruction, dismantling or otherwise); (iv) the machinery or plant begins to be used wholly or partly for purposes which are other than those of the trade; (v) the trade is permanently discontinued (or is treated by virtue of any provision of the Tax Acts as permanently discontinued); and that is the first such event to occur
.
4
In subsection (1) of section 46 of that Act (machinery and plant on lease) for paragraph (6) there shall be substituted the following paragraph—
(b) at the time when the lessor permanently ceases to let the machinery or plant otherwise than in the course of a trade, the machinery or plant shall be treated for the purposes of this Chapter as being used wholly for purposes other than those of the trade referred to in paragraph (a) above
.
5
- (1) In Schedule 8 to that Act (supplementary provisions) in paragraph 4 (disposal before bringing into use) in sub-paragraph (1) for the words from " the following provisions " onwards there shall be substituted " where—
- (a) a first-year allowance is made in respect of capital expenditure on the provision of machinery or plant, and
- (b) in the chargeable period related to the incurring of that expenditure, the disposal value of that machinery or plant falls to be brought into account in accordance with subsection (5) of section 44 of this Act,
that expenditure shall not, by virtue of sub-paragraph (ii) of paragraph (a) of subsection (4) of that section, be excluded from the capital expenditure referred to in that paragraph ".
- (2) In sub-paragraph (2) of that paragraph for the words " referred to in " there shall be substituted " by reason of which disposal value falls to be brought into account as mentioned in "and for the words from " (a) paragraph (a) " to " referred to were " there shall be substituted " section 44 of this Act, as modified by that subparagraph, shall have effect as if any reference in subsection (4)(a) of that section to capital expenditure incurred were a reference to".
6
In paragraph 5 of that Schedule (use partly for trade etc. purposes and partly for other purposes) for sub-paragraphs (2) to (5) there shall be substituted the following sub-paragraphs—
(2) Where a person carrying on a trade incurs capital expenditure on the provision of machinery or plant partly for the purposes of that trade (in sub-paragraphs (4) to (6) below referred to as "the actual trade") and partly for other purposes, it shall be assumed for the purposes of section 44 of this Act that he incurred the expenditure on the provision of the machinery or plant wholly and exclusively for the purposes of a trade (in sub-paragraphs (4) to (6) below referred to as "the notional trade ") carried on by him separately from the actual trade and any other trade carried on by him. (3) If, for any chargeable period, a person who has incurred expenditure on the provision of machinery or plant for the purposes of a trade (in sub-paragraphs (4) to (6) below referred to as "the actual trade ") is required to bring the disposal value of the machinery or plant into account by reason of it beginning in that chargeable period or its basis period to be used partly, but not wholly, for purposes other than those of the actual trade, it shall be assumed for the purposes of section 44 of this Act that, immediately after the beginning of that chargeable period or its basis period, he incurs capital expenditure equal to that disposal value on the provision of the machinery or plant wholly and exclusively for the purposes of a trade (in sub-paragraphs (4) to (6) below referred to as "the notional trade ") carried on by him separately from the actual trade and any other trade carried on by him. (4) Without prejudice to sub-paragraphs (i) to (iii) of paragraph (c) of subsection (5) of section 44 of this Act, it shall be assumed for the purposes of that section that the notional trade is permanently discontinued on the machinery or plant beginning to be used wholly for purposes other than those of the actual trade. (5) The allowance or charge under section 44 of this Act which, on the above assumptions, and having regard to subparagraph (6) below, would fall to be made for any chargeable period in the case of the notional trade— (a) shall be reduced to such extent as may be just and reasonable having regard to all the relevant circumstances of the case and, in particular, to the extent to which the machinery or plant was used in that chargeable period or its basis period otherwise than for the purposes of the actual trade ; and (b) shall, as so reduced, be made for that chargeable period in the case of the actual trade. (6) If an allowance under section 44 of this Act falling to be made by virtue of this paragraph for any chargeable period in the case of the actual trade is not claimed or is disclaimed under subsection (2A) of that section, or is reduced in amount in accordance with a requirement under the proviso of subsection (2) of that section or under subsection (2A) of that section then, in determining the allowance or charge under that section which would fall to be made for any subsequent chargeable period in the case of the notional trade, any allowance falling to be made in the case of that trade for the first-mentioned chargeable period shall be treated as not claimed or as disclaimed or, as the case may require, as proportionately reduced.
7
- (1) In paragraph 6 of that Schedule (effect of subsidies towards wear and tear) in sub-paragraph (4),—
- (a) for the words from the beginning to " in respect thereof " there shall be substituted " If an allowance has been made under section 44 of this Act for a chargeable period prior to that in which or, as the case may be, in the basis period of which the first sum is so paid in respect of the machinery or plant"; and
- (b) for the words " permanently ceased to be used for the purposes " there shall be substituted " begun to be used wholly for purposes other than those".
- (2) In sub-paragraph (5) of that paragraph—
- (a) in paragraph (a) for the words "the machinery or plant is brought into use" there shall be substituted " capital expenditure was incurred on providing the machinery or plant wholly and exclusively";
- (b) in paragraph (b) for the words from " it ceases " to " with " there shall be substituted " the notional trade is treated by virtue of paragraph (c) below as permanently discontinued " and for the word " being " there shall be substituted " are";
- (c) in paragraph (c) after the word "that" there shall be inserted " without prejudice to sub-paragraphs (i) to (iii) of paragraph (c) of subsection (5) of that section " and for the words from " ceasing " onwards there shall be substituted " beginning to be used wholly or partly for purposes other that those of the actual trade"; and
- (d) paragraph (d) shall be omitted.
- (3) In sub-paragraph (6) of that paragraph—
- (a) after the word " claimed ", in the first place where it occurs, there shall be inserted " or is disclaimed under subsection (2A) of that section";
- (b) after the words " proviso to subsection (2) of that section " there shall be inserted " or under subsection (2A) of that section"; and
- (c) for the words from " claimed ", in the last place where it occurs, onwards there shall be substituted " claimed or as disclaimed or, as the case may require, as proportionately reduced".
8
- (1) In paragraph 7 of that Schedule (effect of use for purposes of trade where no allowances previously available), in: paragraph (a) of sub-paragraph (1) for the words from " but" to " circumstances " there shall be substituted " for purposes which were".
- (2) After that sub-paragraph there shall be inserted the following sub-paragraph—
(1A) Where sub-paragraph (1) above applies, the question whether the provision of the machinery or plant is to be taken to be wholly and exclusively or only partly for the purposes of the trade shall be determined according to whether the use referred to in paragraph (a) or, as the case may be, paragraph (b) of that sub-paragraph is wholly and exclusively or only partly for those purposes.
9
- (1) In paragraph 10 of that Schedule (expensive motor cars), in sub-paragraph (2)—
- (a) in paragraph (a) the words from "immediately" to "the expenditure " shall be omitted and for the words " brings the motor car into use " there shall be substituted " incurred the expenditure on the provision of the motor car wholly and exclusively";
- (b) paragraph (b), except the final word " and", shall be omitted; and
- (c) in paragraph (c), after the word " that" there shall be inserted " without prejudice to sub-paragraphs (i) to (iii) of paragraph (c) of subsection (5) of that section " and for the words from " ceases " onwards there shall be substituted " begins to be used wholly or partly for purposes other than those of the actual trade".
- (2) In sub-paragraph (4) of that paragraph, for the words from the beginning to " applies " there shall be substituted " Where the disposal value of the motor car falls to be taken into account by reason of an event falling within section 44(5)(c)(i) of this Act and that event is such a sale or the performance of such a contract as is referred to in paragraph 3 of this Schedule".
10
In paragraph 15(3) of that Schedule (application of provisions of section 48 of the Capital Allowances Act 1968 relating to successions to trades) after the words "by substituting" there shall be inserted—
(a) in subsection (1), for the words 'in use', in each place where they occur, the words 'either in use or provided and available for use'; and (b) in subsection (2), for the word 'used' the words 'either used or provided and available for use'; and (c)
.
The Finance Act 1974
11
In section 17(1) of the Finance Act 1974 (expenditure on fire safety) the words " and had been in use for the purposes of the trade " shall be omitted.
The Finance Act 1975
12
In section 14(1) of the Finance Act 1975 (expenditure on thermal insulation) the words " and had been in use for the purposes of the trade " shall be omitted.
The Finance (No. 2) Act 1975
13
In section 49(1) of the Finance (No. 2) Act 1975 (expenditure on safety at sports grounds) the words " and had been in use for the purposes of the trade " shall be omitted.
The Finance Act 1980
14
- (1) In section 65 of the Finance Act 1980 (writing-down allowances etc in case of leased assets), in subsection (2),—
- (a) in paragraph (a) the words from " immediately " to " brought into use " shall be omitted and for the words " brings the machinery or plant into use " there shall be substituted " incurred the expenditure on the provision of the machinery or plant wholly and exclusively";
- (b) paragraph (b), except the final word " and", shall be omitted; and
- (c) in paragraph (c), after the word "that" there shall be inserted " without prejudice to sub-paragraphs (i) to (iii) of paragraph (c) of subsection (5) of that section " and for the words from " ceases " onwards there shall be substituted " begins to be used wholly or partly for purposes other than those of the actual trade".
- (2) In subsection (3) of that section,—
- (a) after the word " claimed ", in the first place where it occurs, there shall be inserted " or is disclaimed under subsection (2A) of that section"; and
- (b) after the words " proviso to subsection (2) of that section " there shall be inserted " or under subsection (2A) of that section"; and
- (c) for the words from "claimed", in the last place where it occurs, onwards there shall be substituted " claimed or as disclaimed or, as the case may require, as proportionately reduced".
- (3) In subsection (4) of that section, for the words from "cease" onwards there shall be substituted " begin to be used wholly or partly for purposes other than those of the actual trade".
15
In section 71(1) of that Act (expenditure on quarantine premises) the words "and had been in use for the purposes of the trade " shall be omitted.
The Finance Act 1984
16
In Schedule 16 to the Finance Act 1984 (assumptions for certain calculations relating to foreign companies) in paragraph 10 (capital allowances) for the words from " section 44 " to " balancing adjustments), not" there shall be substituted " Chapter I of Part JJl of the Finance Act 1971 to have been provided for purposes wholly other than those of the trade and not
SCHEDULE 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
Ships.
2
Any vehicle which is of such a description that section 43 of the Finance Act 1971 (exclusion of certain road vehicles) precludes the making of a first-year allowance in respect of capital expenditure incurred on its provision.
3
Machinery or plant to which section 46 of that Act applies (machinery or plant let by any person otherwise than in the course of a trade).
4
Machinery or plant falling within paragraph 5(2) of Schedule 8 to that Act (machinery or plant used partly for trade purposes and partly for other purposes).
5
Machinery or plant where the capital expenditure on its provision is expenditure to which paragraph 6 of that Schedule applies (subsidies towards wear and tear).
6
Machinery or plant falling within paragraph 7(1)(a) or paragraph 7(1)(b) of that Schedule (user after user not attracting capital allowances or after receipt by way of gift).
7
Motor cars falling within paragraph 10 of that Schedule.
8
Machinery or plant which is used in such a way that section 64 of the Finance Act 1980 (leased assets) precludes the making of a first-year allowance in respect of expenditure incurred on the provision of it for leasing.
9
Machinery or plant which is leased to two or more persons jointly in such circumstances that section 68 of the Finance Act 1980 precludes the making of a first-year allowance in respect of the whole or part of the capital expenditure incurred on its provision.
10
Television sets in respect of which the amount of a first-year allowance falls to be determined in accordance with paragraph 8 of Schedule 12 to the Finance Act 1980.
11
Machinery or plant in respect of expenditure on which section 70 of the Finance Act 1982 (assets leased outside the United Kingdom) provides for only a 10 per cent, writing-down allowance.
12
Machinery or plant in respect of which first-year allowances continue to be available by virtue of paragraph 2(2) of Schedule 12 to the Finance Act 1984 (contracts entered into on or before 13th March 1984) or paragraph 4 of that Schedule (expenditure qualifying for regional development grants etc.)
SCHEDULE 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 17
Interpretation
1
- (1) In this Schedule—
- " allowance " means an allowance under Chapter I of Part III of the Finance Act 1971 ;
- " fixture " means any such machinery or plant as is referred to in section 59(1) of this Act;
- " interest in land " and " lease " shall be construed in accordance with sub-paragraph (2) below;
- " material purposes " means the purposes of Chapter I of Part III of the Finance Act 1971 ; and
- " relevant land ", in relation to a fixture, means the building or other description of land of which the fixture becomes part.
- (2) In this Schedule " interest in land " means—
- (a) the fee simple estate in the land or an agreement to acquire that estate;
- (b) in Scotland, the estate or interest of the proprietor of the dominium utile (or, in the case of property other than feudal property, of the owner) and any agreement to acquire such an estate or interest;
- (c) any leasehold estate in, or in Scotland lease of, the land (whether in the nature of a head-lease, sub-lease or underlease) and any agreement to acquire such an estate or, in Scotland, lease;
- (d) an easement or servitude or any agreement to acquire an easement or servitude; and
- (e) a licence to occupy land ;
and, except in the context of leasing machinery or plant, any reference in the following provisions of this Schedule to a lease is a reference to such a leasehold estate or, in Scotland, lease as is mentioned in paragraph (c) above or to such an agreement as is mentioned in that paragraph (and, in relation to such an agreement, the expression " grant" shall be construed accordingly).
- (3) If an interest in land is conveyed or assigned by way of security and subject to a right of redemption, then, so long as such a right subsists, the interest held by the creditor shall be treated for the purposes of this Schedule as held by the person having that right.
- (4) Any reference in the following provisions of this Schedule to a person being entitled to an allowance in respect of any capital expenditure incurred on the provision of a fixture is a reference to a case where
- (a) that person is, for any chargeable period, entitled to a first-year allowance in respect of that expenditure, or
- (b) that expenditure is taken into account in determining his qualifying expenditure for a chargeable period for the purposes of subsections (2) and (3) of section 44 of the Finance Act 1971 (whether or not an allowance is made to him for that period),
and any reference to a chargeable period for which a person is so entitled is a reference—
- (i) to the chargeable period referred to in paragraph (a) above; or
- (ii) to the chargeable period referred to in paragraph (b) above; or
- (iii) to any chargeable period which is subsequent to that referred to in paragraph (b) above but is not later than the chargeable period in which he is required to bring the disposal value of the fixture concerned into account for the purposes mentioned in paragraph (.b) above.
Expenditure incurred by holder of interest in land
2
- (1) Subject to sub-paragraph (2) below, in any case where—
- (a) a person incurs capital expenditure on the provision of machinery or plant either for the purposes of a trade carried on byhimor for leasing otherwise than in the course of a trade, and
- (b) the machinery or plant becomes a fixture, and
- (c) at the time the machinery or plant becomes a fixture he has an interest in the relevant land,
then, subject to paragraphs 3 and 7 below, on and after that time the fixture shall be treated for material purposes as belonging to the person concerned in consequence of his incurring the expenditure.
- (2) If, in respect of the same fixture, there are two or more persons with different interests in the relevant land to whom, by virtue of sub-paragraph (1) above, the fixture would (apart from" this sub-paragraph), be treated as belonging for material purposes, the only interest which shall be taken into account under that subparagraph is,—
- (a) if one of the interests is an interest falling within paragraph 1(2)(d) above, that interest;
- (b) if paragraph (a) above does not apply but one of the interests is an interest falling within paragraph 1(2)(e) above, that interest; and
- (c) in any other case,—
- (i) except in Scotland, that interest which is not in reversion (at law or in equity and whether directly or indirectly) on any other interest in the relevant land which is held by any of the persons referred to above; and
- (ii) in Scotland, that of whichever of those persons has, or last had, the right of use of the relevant land.
Expenditure incurred by equipment lessor
3
- (1) In any case where—
- (a) a person (in this Schedule referred to as " the equipment lessor") incurs capital expenditure on the provision of machinery or plant for leasing, and
- (b) an agreement is entered into for the lease, directly or indirectly from the equipment lessor, of the machinery or plant (otherwise than as part of the relevant land) to another person (in this Schedule referred to as " the equipment lessee") for the purposes of a trade carried on by the equipment lessee or for leasing otherwise than in the course of a trade, and
- (c) the machinery or plant becomes a fixture, and
- (d) if the expenditure referred to in paragraph (a) above had been incurred by the equipment lessee, the fixture would, by virtue of paragraph 2 above, have been treated for material purposes as belonging to him in consequence of his incurring the expenditure, and
- (e) the equipment lessor and the equipment lessee elect that this paragraph should apply,
then, subject to paragraph 7 below, on and after the time at which the expenditure is incurred the fixture shall be treated for material purposes as belonging to the equipment lessor in consequence of his incurring the expenditure.
- (2) An election under this paragraph shall be made by notice in writing to the inspector given before the expiry of the period of two years beginning at the end of the chargeable period related to the incurring of the expenditure referred to in sub-paragraph (1)(a) above ; but no election may be made under this paragraph if the equipment lessor and the equipment lessee are connected with each other within the terms of section 533 of the Taxes Act.
- (3) Where an election has been made under this paragraph with respect to a fixture, nothing in paragraph 2 above shall have the effect of treating the fixture for material purposes as belonging to the equipment lessee.
- (4) In the following provisions of this Schedule " equipment lease " means such an agreement as is mentioned in sub-paragraph (1)(b) above or a lease entered into pursuant to such an agreement.
Expenditure included in consideration for acquisition of existing interest in land
4
- (1) In any case where,—
- (a) after any machinery or plant has become a fixture, a person (in this paragraph referred to as " the purchaser ") acquires an interest in the relevant land, being an interest which was in existence prior to his acquisition of it, and
- (b) the consideration which the purchaser gives for that interest is or includes a capital sum which, in whole or in part, falls to be treated for material purposes as expenditure on the provision of the fixture, and
- (c) at the time of the purchaser's acquisition of his interest in the relevant land, either no person has previously become entitled to an allowance in respect of any capital expenditure incurred on the provision of the fixture or, if any person has become so entitled, that person has been or is required to bring the disposal value of the fixture into account under section 44 of the Finance Act 1971,
then, subject to paragraph 7 below, on and after the purchaser's acquisition of his interest in the relevant land, the fixture shall be treated for material purposes as belonging to him in consequence of his incurring expenditure as mentioned in paragraph (b) above.
- (2) If, in a case where paragraph (a) of sub-paragraph (1) above applies,—
- (a) the machinery or plant was, prior to the purchaser's acquisition of the interest in the relevant land, let under an equipment lease, and
- (b) in connection with the acquisition of the interest in the relevant land, the purchaser pays a capital sum to discharge the obligations of the equipment lessee under the equipment lease,
sub-paragraph (1) above shall apply as if that capital sum were such a capital sum as is referred to in paragraph (b) of that sub-paragraph.
Expenditure incurred by incoming lessee : election to transfer right to allowances
5
- (1) In any case where—
- (a) after any machinery or plant has become a fixture, a person (in this paragraph referred to as " the lessor ") who has an interest in the relevant land grants a lease, and
- (b) apart from paragraph 7 below, the lessor would be entitled, for the chargeable period related to the grant of the lease, to an allowance in respect of expenditure incurred on the provision of the fixture, and
- (c) the consideration which the lessee gives for the lease is or includes a capital sum which, in whole or in part, falls to be treated for material purposes as expenditure on the provision of the fixture, and
- (d) the lessor and the lessee make an election under this paragraph,
then, subject to paragraph 7 below, on and after the grant of the lease, the fixture shall be treated for material purposes as belonging to the lessee in consequence of his incurring expenditure as mentioned in paragraph (c) above.
- (2) If in any case the lessor is not within the charge to tax. it shall be assumed that he is within that charge for the purpose of determining whether the condition in sub-paragraph (1)(b) above is fulfilled.
- (3) An election under this paragraph shall be made by notice in writing to the inspector given within two years after the date on which the lease takes effect.
- (4) No election may be made under this paragraph if—
- (a) the lessor and the lessee are connected with each other within the terms of section 533 of the Taxes Act; or
- (b) it appears that the sole or main benefit which may be expected to accrue to the lessor from the grant of the lease and the making of an election is the obtaining of an allowance or deduction or a greater allowance or deduction or the avoidance or reduction of a charge under Chapter I of Part III of the Finance Act 1971.
Expenditure incurred by incoming lessee: lessor not entitled to allowances
6
In any case where—
- (a) after any machinery or plant has become a fixture, a person (in this paragraph referred to as " the lessor ") who has an interest in the relevant land grants a lease, but paragraph 5(1)(b) above does not apply in his case, and
- (b) the consideration which the lessee gives for the lease is or includes a capital sum which, in whole or in part, falls to be treated for material purposes as expenditure on the provision of the fixture, and
- (c) at the time of the grant of the lease, no person has previously become entitled to an allowance in respect of any capital expenditure incurred on the provision of the fixture, and
- (d) the fixture has not before that time been used for the purposes of a trade by the lessor or any person connected with him within the terms of section 533 of the Taxes Act,
then, subject to paragraph 7 below, on and after the grant of the lease, the fixture shall be treated for material purposes as belonging to the lessee in consequence of his incurring expenditure as mentioned in paragraph (b) above.
Cases where fixture is to be treated as ceasing to belong to particular person
7
- (1) The provisions of this paragraph and paragraph 8 below are without prejudice to any other circumstances in which the disposal value of a fixture falls to be brought into account in accordance with section 44 of the Finance Act 1971.
- (2) Subject to sub-paragraph (4) below, if at any time the person to whom a fixture is treated for material purposes as belonging by virtue of any of paragraphs 2, 4, 5 and 6 above ceases (whether by reason of the transfer, surrender, or expiry of the interest or otherwise) to have the qualifying interest, the fixture shall be treated for those purposes as ceasing to belong to him at that time.
- (3) In this paragraph and paragraph 9 below, "the qualifying interest" means—
- (a) where paragraph 2 or paragraph 4 above applies, the interest in the relevant land referred to in that paragraph ; and
- (b) where paragraph 5 or paragraph 6 above applies, the lease referred to in that paragraph ;
but if the qualifying interest is an agreement to acquire an interest in land and that interest in land is subsequently transferred or granted to the person referred to in sub-paragraph (2) above, the interest so transferred or granted shall be treated as the same interest as the qualifying interest.
- (4) For the purposes of sub-paragraph (2) above,—
- (a) if the qualifying interest ceases to exist by reason of its merger in another interest acquired by the person referred to in that sub-paragraph, that other interest shall be treated as the same interest as the qualifying interest;
- (b) if the qualifying interest is a lease and, on its termination, a new lease of the relevant land (with or without other land) is granted to the lessee, the new lease shall be treated as the same interest as the qualifying interest;
- (c) if the qualifying interest is a licence and, on its termination, a new licence to occupy the relevant land (with or without other land) is granted to the licensee, the new licence shall be treated as the same interest as the qualifying interest;
- (d) if the qualifying interest is a lease and, with the consent of the lessor, the lessee remains in possession of the relevant land after the termination of the lease but without a new lease being granted to him, the qualifying interest shall be treated as continuing to subsist so long as the lessee remains in possession of the relevant land.
- (5) At the time at which, by virtue of paragraph 5 above, the fixture concerned begins to be treated for material purposes as belonging to the lessee, it shall be treated for those purposes as ceasing to belong to the lessor (as defined in that paragraph).
- (6) Where, by virtue of sub-paragraph (2) above, on the termination of a lease or licence, a fixture is treated for material purposes as ceasing to belong to the outgoing lessee or licensee, it shall, on that termination, be treated for material purposes as beginning to belong to the person who, immediately before the termination, was the lessor under the lease or, as the case may be, the licensor under the licence.
- (7) If at any time a fixture is permanently severed from the relevant) land (so that it ceases to be a fixture) and, immediately before that time it was treated for material purposes as belonging to any person by virtue of any of the preceding provisions of this Schedule or sub-paragraph (2) or sub-paragraph (4) of paragraph 8 below, then, unless on its severance the fixture does in fact belong to that person, it shall be treated for those purposes as ceasing to belong to him at that time.
Special provisions as to equipment lessors
8
- (1) If, by virtue of an election under paragraph 3 above, a fixture is treated for material purposes as belonging to the equipment lessor and either,—
- (a) the equipment lessor at any time assigns his rights under an equipment lease, or
- (b) the financial obligations of the equipment lessee under an equipment lease are at any time discharged, on the payment of a capital sum or otherwise,
then, at that time (or, as the case may be, at the earliest of those times) the fixture shall be treated for material purposes as ceasing to belong to the equipment lessor by reason of a sale by him of the fixture.
- (2) If paragraph (a) of sub-paragraph (1) above applies, then, on and after the time of the assignment referred to in that paragraphs the fixture to which the agreement in question relates shall be treated for material purposes as belonging to the assignee and the consideration given by him for the assignment shall be treated for those purposes—
- (a) as the price received for the sale of the fixture by the assignor; and
- (b) as expenditure incurred by the assignee on acquiring the fixture.
- (3) On and after an assignment falling within paragraph (a) of sub-paragraph (1) above, that sub-paragraph shall have effect as if the machinery or plant (as a fixture) were treated for material purposes as belonging to the assignee by virtue of an election under paragraph 3 above and, accordingly, as if the assignee were the equipment lessor, as defined in that paragraph.
- (4) Where a capital sum is paid as mentioned in paragraph (b) of sub-paragraph (1) above, that capital sum shall be treated for material purposes—
- (a) as the price received for the sale of the fixture by the equipment lessor; and
- (b) if that capital sum is paid by the equipment lessee, as expenditure incurred by him on the provision of the fixture ;
and, where paragraph (b) above applies, on and after the time of that payment, the fixture shall be treated for material purposes as belonging to the equipment lessee.
- (5) Where the financial obligations of the equipment lessee under an equipment lease have become vested in any other person (by assignment, operation of law or otherwise) any reference in sub-paragraph (1)(b) or sub-paragraph (4) above to the equipment lessee shall be construed as a reference to the person in whom those obligations are for the time being vested when the capital sum is paid.
Disposal value of fixtures in certain cases
9
- (1) In any case where—
- (a) by virtue of paragraph 7 above, a fixture is at any time treated for material purposes as ceasing to belong to any person (in this paragraph referred to as "the former owner "), and
- (b) the qualifying interest continues in existence after that time (whether in the hands of the former owner or any other person) or would so continue but for its becoming merged in another interest, and
- (c) the occasion of the fixture ceasing to belong to the former owner is not its permanent severance from the relevant land (whether on disposal, demolition, destruction or otherwise),
the fixture shall be treated for material purposes as sold at that time by the former owner for a price determined in accordance with sub-paragraphs (2) to (6) below.
- (2) Subject to sub-paragraph (6) below, if the occasion of the fixture ceasing to belong to the former owner is the sale of the qualifying interest, the price referred to in sub-paragraph (1) above is that portion of the sale price of the qualifying interest which falls (or, if the purchaser were entitled to an allowance, would fall) to be treated for material purposes as expenditure incurred by the purchaser on the provision of the fixture.
- (3) If the fixture ceases to belong to the former owner by virtue of sub-paragraph (5) of paragraph 7 above, the price referred to in sub-paragraph (1) above is so much of the capital sum referred to in sub-paragraph (1)(c) of paragraph 5 above as falls to be treated for material purposes as expenditure by the lessee on the provision of the fixture.
- (4) If neither sub-paragraph (2) nor sub-paragraph (3) above applies, the price referred to in sub-paragraph (1) above is that portion of the price which, on a sale of the qualifying interest in the open market, would fall to be treated for material purposes as expenditure by the purchaser on the provision of the fixture.
- (5) The sale referred to in sub-paragraph (4) above shall be assumed to take place immediately before the event which causes the fixture to be treated for material purposes as ceasing to belong to the former owner ; but that event shall be disregarded in determining the open market price on that sale.
- (6) If the sale referred to in sub-paragraph (2) above is at a price lower than that which the qualifying interest would have fetched if sold in the open market, that sub-paragraph shall not apply unless the purchaser's expenditure on the acquisition of the fixture can be taken into account as mentioned in section 44(6)(b)(i) of the Finance Act 1971.
- (7) If the occasion of the fixture ceasing to belong to the former owner is the expiry of the qualifying interest, then, except in so far as the former owner receives any capital sum, by way of compensation or otherwise, by reference to the fixture, the disposal value of the fixture which falls to be brought into account under section 44 of the Finance Act 1971 shall be nil.
- (8) In any case where—
- (a) the disposal value of a fixture falls to be brought into account in accordance with section 44 of the Finance Act 1971 on the permanent discontinuance of the trade in circumstances where that value falls to be determined under paragraph (e) of subsection (6) of that section, and
- (b) before the occurrence of the later event referred to in that paragraph, the fixture is not permanently severed from the relevant land,
that paragraph shall apply as if the reference therein to paragraph (a) and paragraph (b) of that subsection were omitted; but if the event which follows the discontinuance of the trade is the sale of the qualifying interest, the disposal value of the fixture to be brought into account under that section shall be that portion of the sale price referred to in sub-paragraph (2) above.
- (9) If the disposal value of the fixture falls to be brought into account in accordance with section 44 of the Finance Act 1971 on its beginning to be used wholly or partly for purposes which are other than those of the trade, paragraph (f) of subsection (6) of that section shall apply as if the reference to the price which the machinery or plant would have fetched if sold on the open market were a reference to that portion of the price referred to in subparagraph (2) above.
- (10) If, on the occasion of the fixture being treated, by virtue of paragraph 7 above, as ceasing to belong to the former owner, another person incurs expenditure on the provision of the fixture, there shall be disregarded for material purposes so much (if any) of that expenditure as exceeds the disposal value which the former owner is required to bring into account in accordance with section 44 of the Finance Act 1971.
SCHEDULE 18
PART I — Expenditure on Purchase of Patent Rights
1
- (1) For any chargeable period for which a person within subsection (1) of section 378 of the Taxes Act has qualifying expenditure (as defined in paragraph 2 below) which exceeds any disposal value to be brought into account by him in accordance with paragraph 3 below, there shall be made to him,—
- (a) except where paragraph (b) or paragraph (c) below applies, a writing-down allowance of an amount equal, subject to sub-paragraph (2) below, to—
- (i) 25 per cent, of the excess, or
- (ii) a proportionately reduced percentage of the excess if the period is part only of a year, or if, in a case where the period is a year of assessment and the allowance falls to be made in taxing a trade, the trade has been carried on for part only thereof;
- (b) if an allowance falls to be made to that person in taxing his trade and the period is the chargeable period related to the permanent discontinuance of the trade, a balancing allowance equal to the whole of the excess ; and
- (c) if paragraph (b) above does not apply but the period is the chargeable period in which the last of the relevant patent rights comes to an end without any of those rights being revived, a balancing allowance equal to the whole of the excess.
- (2) For the purposes of sub-paragraph (1)(c) above, the " relevant patent rights " at any time are those—
- (a) on the purchase of which the person concerned has incurred capital expenditure which has been taken into account in determining his qualifying expenditure for any chargeable period ; and
- (b) which he has not wholly disposed of.
- (3) For any chargeable period for which a person's qualifying expenditure is less than the disposal value which he is to bring into account, there shall be made on him a balancing charge and the amount on which the charge is made shall be an amount equal to the difference.
2
For the purposes of paragraph 1 above, a person's qualifying expenditure for a chargeable period is the aggregate of the following amounts—
- (a) any capital expenditure incurred by him on the purchase of patent rights, being expenditure incurred during the chargeable period or its basis period or at any previous time, other than expenditure which, or any part of which, has formed part of his qualifying expenditure for any previous chargeable period; and
- (b) if, for the chargeable period immediately preceding the chargeable period in question, there was an excess of qualifying expenditure over disposal value, the balance of that excess after deducting any writing-down allowance under paragraph 1(1)(a) above made by reference thereto.
3
- (1) If, in any chargeable period or its basis period, a person sells the whole or any part of any patent rights on the purchase of which he has incurred capital expenditure, then, for the purposes of paragraphs 1 and 2 above, he is required to bring into account for that chargeable period disposal value equal, subject to sub-paragraphs (2) and (3) below, to the net proceeds to him of that sale.
- (2) The disposal value to be brought into account by any person in respect of any patent rights as a result of one or more sales falling within sub-paragraph (1) above shall not (or, as the case may be, shall not in the aggregate) exceed the capital expenditure incurred by him on the purchase of those rights.
- (3) Where the person mentioned in sub-paragraph (2) above has acquired the patent rights as a result of a transaction which was, or a series of transactions each of which was, between persons who are connected with each other within the terms of section 533 of the Taxes Act, that sub-paragraph shall have effect as if it referred to the capital expenditure on the purchase of the rights incurred by whichever party to that transaction, or to any of those transactions, incurred the greatest such expenditure.
4
Where a person incurs capital expenditure on the purchase of patent rights and either—
- (a) he and the seller are connected with each other within the terms of section 533 of the Taxes Act, or
- (b) it appears with respect to the sale, or with respect to transactions of which the sale is one, that the sole or main benefit which, but for this paragraph, might have been expected to accrue to the parties was the obtaining of an allowance under section 378 of the Taxes Act,
there shall be disregarded for the purposes of paragraphs 1 and 2 above so much (if any) of that expenditure as exceeds the disposal value to be brought into account by virtue of paragraph 3 above by reason of the sale.
PART II — Expenditure on Acquiring Know-How
5
- (1) For any chargeable period for which a person within subsection (1) of section 386 of the Taxes Act has qualifying expenditure (as denned in paragraph 6 below) which exceeds any disposal value to be brought into account by him in accordance with paragraph 7 below, there shall be made to him—
- (a) unless the period is the chargeable period related to the permanent discontinuance of the trade referred to in that subsection, a writing-down allowance of an amount equal, subject to sub-paragraph (2) below, to—
- (i) 25 per cent of the excess, or
- (ii) a proportionately reduced percentage of the excess if the period is part only of a year, or if the period is a year of assessment but the trade has been carried on for part only thereof; and
- (b) if the period is the chargeable period related to the permanent discontinuance of the trade, a balancing allowance equal to the whole of the excess.
- (2) For any chargeable period for which a person's qualifying expenditure is less than the disposal value which he is to bring into account, there shall be made on him a balancing charge and the amount on which the charge is made shall be an amount equal to the difference.
6
For the purposes of paragraph 5 above, a person's qualifying expenditure for a chargeable period is the aggregate of the following amounts—
- (a) any capital expenditure incurred by him on the acquisition of know-how, being expenditure incurred during the chargeable period or its basis period or at any previous time, other than expenditure which, or any part of which, has formed part of his qualifying expenditure for any previous chargeable period; and
- (b) if, for the chargeable period immediately preceding the chargeable period in question, there was an excess of qualifying expenditure over disposal value, the balance of that) excess after deducting any writing-down allowance under paragraph 5(1)(a) above made by reference thereto.
7
If, in any chargeable period or its basis period, a person sells any know-how, on the acquisition of which for use in a trade carried on by him he has incurred expenditure falling within subsection (1) of section 386 of the Taxes Act, then, for the purposes of paragraphs 5 and 6 above, he is required to bring into account for that chargeable period disposal value equal to the net proceeds to him of that sale.
8
Subsections (7) and (8) of section 386 of the Taxes Act (meaning of "know-how" and treatment of certain consideration) apply for the purposes of this Part of this Schedule as they apply for the purposes of that section.
SCHEDULE 19
Part I
1
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2
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3
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4
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5
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Part II
6
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7
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Part III
8
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9
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10
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11
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12
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13
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14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consideration for options
15
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Part IV — Identification of Securities etc.
16
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17
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18
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19
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Part V
20
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21
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Part VI
22
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23
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SCHEDULE 20
Part I
1
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2
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3
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4
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Part II
Disposals on which relief may be given
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gains qualifying for relief
6
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7
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8
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9
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10
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11
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12
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The amount available for relief : the basic rule
13
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Aggregation of earlier business periods
14
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Relief given on earlier disposal
15
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Aggregation of spouse’s interest in the business
16
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SCHEDULE 21
1
- (1) This Schedule has effect for determining the original market value of assets and the aggregate market value of assets as mentioned in subsection (1)(b) of section 71 of this Act (in this Schedule referred to as “the principal section”).
- (2) Expressions used in this Schedule have the same meaning as in the principal section.
2
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3
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4
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SCHEDULE 22
Introduction
1
- (1) In this Schedule " the first date " means 28th February 1985, " the second date " means 27th February 1986, and " the year " means the period beginning with the first date and ending with the second date.
- (2) In this Schedule—
- " chargeable securities" means the securities held by a person at any time in the year which fall within paragraph 3 below, and
- " deemed interest" means the interest he would have received in the year in respect of the chargeable securities if he were entitled to receive interest accruing in the period in which he held them in the year and interest had accrued from day to day and been apportioned accordingly.
The charge
2
- (1) This paragraph applies where the person has been served with a notice under paragraph 6 below.
- (2) If no interest was received by the person in the year in respect of the chargeable securities, he shall be treated as receiving on the second date annual profits or gains whose amount is equal to the deemed interest.
- (3) If interest was received by the person in the year in respect of the chargeable securities, and the amount of the deemed interest exceeds an amount equal to 110 per cent, of the amount so received, he shall be treated as receiving on the second date annual profits or gains whose amount is equal to the excess.
- (4) Profits or gains treated as received under sub-paragraph (2) or (3) above shall be chargeable to tax under Case VI of Schedule D for the chargeable period in which they are treated as received.
Chargeable securities
3
- (1) If the aggregate nominal value of securities held by the person on the second date is not more than the aggregate nominal value of securities held by him on the first date, the securities which fall within this paragraph are all the securities held by him at any time in the year other than those held by him throughout the year.
- (2) If the aggregate nominal value of securities held by the person on the second date (value A) exceeds the aggregate nominal value of securities held by him on the first date (value B) the securities which fall within this paragraph are those mentioned in sub-paragraph (5) below (for the purposes of which sub-paragraphs (3) and (4) below apply).
- (3) If the aggregate nominal value of securities of a particular kind held by the person on the second date exceeds the aggregate nominal value of securities of that kind held by him on the first date, securities which are of that kind, which are of a total nominal value equal to the excess and which were acquired by him in the year shall be taken into account for the purposes of sub-paragraph (4) below.
- (4) Securities (of one or more kinds) which are to be taken into account for the purposes of this sub-paragraph and which are of a total nominal value equal to the excess of value A over value B are excluded securities for the purposes of sub-paragraph (5) below.
- (5) The securities which fall within this paragraph are all the securities held by the person at any time in the year other than—
- (a) those which are excluded securities, and
- (b) those held by him throughout the year.
- (6) This is how to ascertain what securities are held by a person throughout the year—
- (a) find, for securities of each kind held by him at any time in the year, the lowest nominal value held in the year (value Q ;
- (b) take securities of that kind of a total nominal value equal to value C;
- (c) the securities so ascertained (of one or more kinds) are for the purposes of this paragraph held by him throughout the year.
- (7) In determining under sub-paragraph (3) or (4) above which securities to take into account or (as the case may be) which securities are excluded securities*—
- (a) those the person acquired later must be chosen before those he acquired earlier, and
- (b) as between those acquired on the same day those whose choice produces a smaller charge under paragraph 2 above must be chosen before those whose choice produces a greater charge.
- (8) In determining under sub-paragraph (6)(b) above which securities to take, those which the person acquired on terms entitling him to receive all interest payable on them on or after the first date must be chosen before others.
Charge eliminated or reduced
4
- (1) if the person makes a claim under this paragraph, then—
- (a) if amount E exceeds or is equal to amount D, he shall not be treated as receiving annual profits or gains under paragraph 2 above;
- (b) if amount D exceeds amount E, the amount of annual profits or gains he is treated as receiving under paragraph 2(2) or (3) above (as the case may be) shall be, instead of the amount there mentioned, the amount by which amount D exceeds amount E ;
and amounts D and E shall be determined as mentioned in the following provisions of this paragraph.
- (2) Amount D is the amount the person is treated as receiving under paragraph 2(2) above or (if paragraph 2(3) applies) the amount he would be treated as receiving under paragraph 2(3) if "110" were " 100 ".
- (3) Amount E is to be found by applying the formula—
$Y×1096Z×3$
.
- (4) Y is the amount of annual profits or gains the person would be treated as having received under this Schedule (ignoring this paragraph) if—
- (a) the references in paragraph 1(1) above to 28th February 1985 and 27th February 1986 were (respectively) to the appropriate day and 27th February 1985, and "the year" were construed accordingly,
- (b) paragraph 2(1) above were omitted,
- (c) in paragraph 2(3) above (where it would apply) " 110 " were " 100 ", and
- (d) in paragraph 5(5) below " 1985-86 " were " 1984-85 ".
- (5) Z is the number of days beginning with the appropriate day and ending with 27th February 1985.
- (6) " The appropriate day " means—
- (a) if the person held no securities on 28th February 1982, the first day (falling after 28th February 1982 and before 28th February 1985) on which he acquired securities, and
- (b) in any other case, 28th February 1982.
Exceptions
5
- (1) For the purposes of this Schedule a person is to be treated as not entitled to securities on a day if he carries on a trade on the day and if, were he to transfer them on that day, that transfer would fall to be taken into account for the purposes of the Tax Acts in computing the profits or losses of that trade.
- (2) Paragraph 2(2) or (3) above (as the case may be) does not apply if—
- (a) the person is an individual and on no day in the year the nominal value of securities held byhimexceeded £5,000,
- (b) the person is a personal representative and on no day in the year the nominal value of securities held by him as the deceased's personal representative exceeded £5,000,
- (c) the person is trustee of a settlement of property held on a disabled person's trusts and on no day m the year the nominal value of securities held by him as trustee of the settlement exceeded £5,000, or
- (d) the person does not fulfil the residence requirement for the year and is not a non-resident United Kingdom trader in the year.
- (3) For the purposes of this Schedule a person is to be treated as not entitled to securities if he is not ordinarily resident in the United Kingdom during the year and, if he became entitled in the year to any interest on the securities, it would not be liable to income tax by virtue of section 99 of the Taxes Act (securities free of income tax for residents abroad).
- (4) For the purposes of this Schedule a person who is not domiciled in the United Kingdom at any time in the year, and is either not ordinarily resident in the United Kingdom during the year or a non-resident United Kingdom trader in the year, is to be treated as not entitled to securities which are FOTRA securities.
- (5) For the purposes of this Schedule a person who is an individual is to be treated as not entitled to securities in the case of which, if he became entitled in the year of assessment 1985-86 to any interest on them, he would be liable, in respect of the interest, to tax chargeable under Case IV or Case V of Schedule D and computed on the amount of sums received in the United Kingdom.
- (6) Paragraph 2(2) or (3) above (as the case may be) does not apply if the person is an individual who dies in the year.
- (7) Paragraph 2(2) or (3) above (as the case may be) applies, in a case where the person is a company and the second date does not fall within an accounting period of the company, as if the reference to the second date were to the last day which does so fall.
- (8) For the purposes of this paragraph a person fulfils the residence requirement for the year if he is resident in the United Kingdom during any part of the year or is ordinarily resident in the United Kingdom during the year.
- (9) For the purposes of this paragraph a person is a non-resident United Kingdom trader in the year if during any part of it he is (though neither resident during any part of it nor ordinarily resident during it) carrying on a trade in the United Kingdom through a branch or agency.
- (10) But if (apart from this sub-paragraph) a person who is a non-resident United Kingdom trader in the year would for the purposes of this Schedule be treated as entitled to securities at a time in the year, he is not to be treated as so entitled for those purposes unless the securities were at some time in the year used or held for the purposes of the branch or agency and (except where the person concerned is a company) situated in the United Kingdom.
- (11) For the purposes of this paragraph " disabled person's trusts " means trusts falling within paragraph 5(1) of Schedule 1 to the Capital Gains Tax Act 1979, " branch or agency " has the meaning given by section 12(3) of that Act, and the place where securities are situated shall be determined in accordance with section 18(4) of that Act.
- (12) For the purposes of this paragraph " FOTRA securities " means securities issued with the condition mentioned in section 22(1) of the Finance (No. 2) Act 1931 (securities free of tax for residents abroad) as modified by virtue of section 60(1) of the Finance Act 1940.
Information etc.
6
- (1) Any person upon whom notice is served by an inspector, requiring the person to furnish a statement of and particulars relating to any securities held by the person at any time in the year, shall furnish such a statement and such particulars in the form and within the time (not being less than 28 days) required by the notice ; and an inspector may serve further notices whenever he considers it necessary for the purposes of this Schedule until complete particulars have been furnished to his satisfaction.
- (2) If a person fails to furnish any statement or particulars required under this paragraph, or if an inspector is not satisfied with any statement or particulars furnished under this paragraph, he may make an estimate of the amount of the annual profits or gains which the person is to be treated as receiving under the preceding provisions of this Schedule.
- (3) In the Table in section 98 of the Taxes Management Act 1970 (penalties for failure to comply with notices etc.) at the end of the first column there shall be inserted—
| Paragraph 6(1) of Schedule 22 to the Finance Act 1985 |
|---|
.
Offshore funds
7
- (1) Any amount which, on the assumptions mentioned in subparagraph (2) below, an offshore fund would be treated as receiving as annual profits or gains by virtue of paragraph 2(2) or (3) above (as the case may be) shall for the purposes of Schedule 19 to the Finance Act 1984 be taken to be part of the United Kingdom equivalent profits of the fund for the account period of the fund in which 27th February 1986 falls.
- (2) The assumptions are—
- (a) that the offshore fund is a company which is resident in the United Kingdom during the period beginning with the appropriate day and ending with 27th February 1986,
- (b) that a notice is served on the fund under paragraph 6(1) above, and
- (c) that the fund makes a claim under paragraph 4 above.
- (3) In this paragraph " offshore fund ", " United Kingdom equivalent profits " and " account period " have the meanings they have in Schedule 19 to the Finance Act 1984 ; and " the appropriate day " shall be construed in accordance with paragraph 4(6) above.
SCHEDULE 23
PART I — General Interpretation
Securities
1
- (1) For the purposes of this Chapter " securities " does not include shares in a company but, subject to sub-paragraph (2) below, includes any loan stock or similar security—
- (a) whether of the Government of the United Kingdom, any other government, any public or local authority in the United Kingdom or elsewhere, or any company or other body, and
- (b) whether or not secured, whether or not carrying a right to interest of a fixed amount or at a fixed rate per cent, of the nominal value of the securities, and whether or not in bearer form.
- (2) For the purposes of this Chapter " securities " does not include—
- (a) securities on which the whole of the return is a distribution by virtue of paragraph (d)(iv) of section 233(2) of the Taxes Act;
- (b) national savings certificates (including Ulster savings certificates) ;
- (c) war savings certificates ;
- (d) certificates of deposit (which expression has here the same meaning as in section 55 of the Finance Act 1968);
- (e) any security which fulfils the following conditions, namely, it is redeemable, the amount payable on its redemption exceeds its issue price, and no return other than the amount of that excess is payable on it.
- (3) For the purposes of this Chapter securities are of the same kind if they are treated as being of the same kind by the practice of a recognised stock exchange in the United Kingdom or elsewhere, or would be so treated if dealt with on such a stock exchange.
Transfers, holding etc.
2
- (1) This paragraph applies for the purposes of this Chapter.
- (2) "Transfer", in relation to securities, means transfer by way of sale, exchange, gift or otherwise.
- (3) Where an agreement for the transfer of securities is made, they are transferred, and the person to whom they are agreed to be transferred becomes entitled to them, when the agreement is made and not on a later transfer made pursuant to the agreement.
- (4) " Entitled", " transfer" and cognate expressions, except in sub-paragraph (3) above, shall be construed in accordance with that sub-paragraph.
- (5) A person holds securities at a particular time if he is entitled to them at the time.
- (6) A person holds securities on a day if he is entitled to them throughout the day, or he becomes and does not cease to be entitled to them on the day.
- (7) A person acquires securities when he becomes entitled to them.
- (8) Where—
- (a) one individual holds securities at a particular time, and
- (b) any interest on them would, if it became payable at that time, be treated for the purposes of the Tax Acts as part of another individual's income,
then, for the purposes of the provisions mentioned in sub-paragraph (9) below, each of them shall be treated as holding at that time the securities which the other holds as well as those which he actually holds.
- (9) The provisions are—
- (a) section 75(1)(b) of this Act,
- (b) section 75(2)(b) of this Act, so far as relating to section 75(1)(b), and
- (c) paragraph 5(2)(a) of Schedule 22 to this Act.
- (10) Where, in Scotland, two or more persons carry on a trade or business in partnership, any partnership dealings shall be treated as dealings by the partners and not by the firm as such and the partners as being entitled to securities held by the firm.
Interest and related expressions
3
- (1) This paragraph applies for the purposes of this Chapter.
- (2) An interest payment day, in relation to securities, is a day on which interest on them is payable; and, in a case where a particular payment of interest may be made on one of a number of days, the interest is for the purposes of this sub-paragraph payable on the first of those days.
- (3) Subject to sub-paragraph (4) below, the following are interest periods in relation to securities—
- (a) the period beginning with the day following that on which they are issued and ending with the first interest payment day to fall;
- (b) the period beginning with the day following one interest payment day and ending with the next to fall.
- (4) A period which would (apart from this sub-paragraph) be an interest period exceeding 12 months (a long period) is not an interest period, but the following shall apply to it-
- (a) the period of 12 months beginning with the day on which it begins is an interest period ;
- (b) each successive period (if any) of 12 months falling within it is an interest period ;
- (c) any period of it which remains after applying paragraphs (a) and (b) above is an interest period.
- (5) Securities are transferred with accrued interest if they are transferred with the right to receive interest payable on—
- (a) the settlement day, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after the settlement day, in any other case,
and they are transferred without accrued interest if they are transferred without that right.
- (6) The interest applicable to securities for an interest period is (subject to sub-paragraph (7) below) the interest payable on them on the interest payment day with which the period ends.
- (7) In the case of a period which is an interest period by virtue only of sub-paragraph (4) above or paragraph 26(3) below—
- (a) the interest applicable to securities for the period is the interest payable on them on the interest payment day with which the long or straddling period concerned ends, and
- (b) section 73(8) of this Act shall have effect as if the references to the period were to the long or straddling period concerned.
- (8) "Interest" includes dividends and any other return (however described) except a return consisting of an amount by which the amount payable on a security's redemption exceeds its issue price.
Settlement day
4
- (1) This paragraph has effect to determine, for the purposes of this Chapter, the settlement day in relation to a transfer of securities.
- (2) Where the securities are transferred in accordance with the rules of a recognised market the settlement day is the day on which the transferee agrees to settle or, if he may settle on one of a number of days, the day on which he settles; and, where they are transferred otherwise, sub-paragraphs (3) to (5) below apply.
- (3) Where the consideration for the transfer is money alone, and the transferee agrees to pay the whole of it on or before the next (or first) interest payment day to fall after an agreement for transfer is made, the settlement day is the day on which he agrees to make the payment or, if payment may be made on one of a number of days, or on a number of different days, the latest of them to fall.
- (4) Where there is no consideration for the transfer, or the transfer is a transfer by virtue of paragraph 7, 12, 13, 14 or 31 below, the settlement day is the day on which the securities are transferred.
- (5) In any other case, the settlement day is such day as an inspector decides ; and the jurisdiction of the General Commissioners or the Special Commissioners on any appeal shall include jurisdiction to review such a decision of the inspector.
Nominal value
5
For the purposes of this Chapter the nominal value of securities is—
- (a) where the interest on them is expressed to be payable by reference to a given value, that value, and
- (b) in any other case, the price of the securities when they were issued.
PART II — Special Cases
Nominees and trustees
6
- (1) Where securities are transferred by or to a person as nominee for another person, or as trustee for another person absolutely entitled as against the trustee, or for any person who would be so entitled but for being an infant or other person under disability, or for two or more persons who are or would be jointly so entitled, sections 73 and 75 of this Act apply as if references to the transferor or the transferee (as the case may be) were to the person or persons for whom the nominee or trustee disposes or acquires.
- (2) It is hereby declared that for the purposes of sub-paragraph (1) above—
- (a) securities are transferred by a person as trustee for another person absolutely entitled as against the trustee if that other person has immediately before the transfer the exclusive right to direct how the securities shall be dealt with, subject only to satisfying any outstanding charge, hen or other right of the trustee to resort to the securities for payment of duty, taxes, costs or other outgoings, and
- (b) securities are transferred to a person as trustee for another person so entitled if that other person has that right immediately after the transfer.
7
- (1) Where a person who is entitled to securities becomes trustee of them, he shall be treated for the purposes of this Chapter as transferring them (in a capacity other than trustee) to himself (in his capacity as trustee), or to himself and any other trustees, at the time he becomes trustee.
- (2) The securities shall be treated as transferred with accrued interest if the person was entitled to receive in respect of them interest payable on—
- (a) the day the transfer is treated as made, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after that day, in any other case,
and they shall be treated as transferred without accrued interest if he was not so entitled.
8
- (1) Annual profits or gains which by virtue of any of the provisions mentioned in sub-paragraph (2) below are treated as received in a year of assessment by trustees shall be chargeable to income tax at a rate equal to the sum of the basic rate and the additional rate for that year.
- (2) The provisions are—
- (a) section 74(2) of this Act,
- (b) paragraph 2(2) or (3) of Schedule 22 to this Act, and
- (c) paragraph 15(3) below.
- (3) In section 17 of the Finance Act 1973 (payments under discretionary trusts) in subsection (3) (amounts to be set against tax assessable on trustees in connection with such payments) at the end of paragraph (f) there shall be inserted
and (g) the amount of any tax on annual profits or gains treated as received by trustees by virtue of section 74(2) of the Finance Act 1985, paragraph 2(2) or (3) of Schedule 22 to that Act or paragraph 15(3) of Schedule 23 to that Act (securities) and charged at a rate equal to the sum of the basic rate and the additional rate by virtue of paragraph 8(1) of Schedule 23 to that Act;
.
9
- (1) Sub-paragraph (2) below applies where—
- (a) a trustee of a settlement is treated as receiving annual pro fits or gains under section 74(2) of this Act, or
- (b) a trustee of a settlement who is resident or domiciled outside the United Kingdom throughout any chargeable period in which an interest period (or part of it) falls would, at the end of the interest period, have been treated under section 74(2) of this Act as receiving annual profits or gains or annual profits or gains of a greater amount if he had been resident or domiciled in the United Kingdom during a part of each such chargeable period.
- (2) Chapters II to IV of Part XVI of the Taxes Act (settlements) shall have effect as if the amount which the trustee is or would be treated as receiving were income (within Chapter II) or income arising under the settlement (within Chapter III or IV).
- (3) Sub-paragraph (4) below applies where income of a trustee of a settlement who is resident or domiciled outside the United Kingdom throughout any chargeable period in which an interest period (or part of it) falls consists of interest which falls due at the end of the interest period and which would have been treated under section 74(5) of this Act as reduced by an allowance or an allowance of a greater amount if he had been resident or domiciled in the United Kingdom during a part of each such chargeable period.
- (4) For the purposes of Chapters II to IV of Part XVI of the Taxes Act, the interest shall be treated as being reduced by the amount of the allowance or by the additional amount (as the case may be).
- (5) In this paragraph—
- (a) " settlement" means settlement within the meaning of Chapter II, III or IV of Part XVI of the Taxes Act (as the case may be), and
- (b) references to a trustee of a settlement are, where there is no trustee of the settlement, to any person entitled to securities comprised in the settlement.
Foreign currency
10
- (1) Sub-paragraphs (2) to (4) below apply where the interest on securities is payable in a currency other than sterling.
- (2) For the purposes of section 73(2) of this Act the accrued amount is to be determined as follows—
- (a) if section 73(4)(a) applies and the sterling equivalent of the amount of gross interest there mentioned is shown in an agreement for transfer, the accrued amount is the sterling equivalent so shown;
- (b) if section 73(4)(a) applies but sub-paragraph (a) above does not, or if section 73(4)(b) applies, the accrued amount is the sterling equivalent on the settlement day of the amount found by virtue of section 73(4)(a) or ((b) (as the case may be).
- (3) For the purposes of section 73(3) of this Act the rebate amount is to be determined as follows—
- (a) if section 73(5)(a) applies and the sterling equivalent of the amount of gross interest there mentioned is shown in an agreement for transfer, the rebate amount is the sterling equivalent so shown;
- (b) if section 73(5)(a) applies but sub-paragraph (a) above does not, or if section 73(5)(b) applies, the rebate amount is the sterling equivalent on the settlement day of the amount found by virtue of section 73(5)(a) or (b) (as the case may be).
- (4) For the purposes of paragraph 2(3) of Schedule 22 to this Act, the amount of interest! received on any day shall be taken to be the sterling equivalent on that day of the amount actually received.
- (5) Where securities are denominated in a currency other than sterling the amount of the deemed interest for the purposes of paragraph 2(2) and (3) of Schedule 22 to this Act is the sterling equivalent on the second date (within the meaning of that Schedule) of the deemed interest.
- (6) Where, apart from this sub-paragraph, the nominal value of securities would be a value (the foreign value) expressed in a currency other than sterling, then, for the purposes of section 75 of this Act and Schedule 22 to this Act, their nominal value on a particular day is the sterling equivalent on that day of the foreign value.
- (7) For the purposes of sub-paragraphs (2)(b), (3)(b) and (4) to (6) above, the sterling equivalent of an amount or value on a particular day is the sterling equivalent calculated by reference to the London closing rate of exchange for that day.
Foreign securities: delayed remittances
11
- (1) This paragraph applies where in an interest period a person is treated as entitled to a sum or sums under section 73(2)(a) of this Act in respect of a transfer or transfers of securities of a particular kind which are situated outside the United Kingdom.
- (2) Subject to sub-paragraph (3) below, the amount of any annual profits or gains which the person is treated under section 74 of this Act as receiving on the day the period ends in respect of securities of that kind shall be reduced—
- (a) if the amount of the sum or aggregate of the sums exceeds the amount of the profits or gains, to nil, or
- (b) in any other case, by the amount of the sum or aggregate.
- (3) No reduction shall be made unless the person makes a claim and shows that the conditions in sub-paragraph (5) below are, so far as applicable, satisfied in the chargeable period in which the profits or gains are treated as received.
- (4) The claimant (or his personal representatives) shall be charged to tax under Case VI of Schedule D on the amount of the reduction for the chargeable period in which the conditions in sub-paragraph (5) below cease to be satisfied.
- (5) The conditions are—
- (a) that the claimant was unable to remit the proceeds of the transfer or transfers to the United Kingdom,
- (b) that the inability was due to the laws of the territory in which the securities are situated, or to the executive action of its government, or to the impossibility of obtaining foreign currency in that territory, and
- (c) that the inability was not due to any want of reasonable endeavours on the part of the claimant.
- (6) No claim under this paragraph shall be made in respect of a transfer more than six years after the end of the interest period in which the transfer occurred.
- (7) The personal representatives of a deceased person may make any claim which he might have made under this paragraph if he had not died.
- (8) For the purposes of this paragraph the place where securities are situated shall be determined in accordance with section 18(4) of the Capital Gains Tax Act 1979.
Death
12
- (1) Where an individual who is entitled to securities dies, he shall be treated for the purposes of this Chapter as transferring the securities to his personal representatives immediately before his death.
- (2) The securities shall be treated as transferred with accrued interest if the deceased was entitled to receive in respect of them interest payable on—
- (a) the day of death, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after the day of death, in any other case,
and they shall be treated as transferred without accrued interest if he was not so entitled.
- (3) Where the securities are transferred with accrued interest by the personal representatives to a legatee in the interest period in which the individual died—
- (a) section 73 of this Act shall not apply to the transfer, and
- (b) the transfer of the securities which the individual is treated as making by virtue of sub-paragraph (1) above shall be treated as made to the legatee (and not to the personal representatives).
- (4) In sub-paragraph (3) above "legatee" includes any person taking (whether beneficially or as trustee) under a testamentary disposition or on an intestacy or partial intestacy, including any person taking by virtue of an appropriation by the personal representatives in or towards satisfaction of a legacy or other interest or share in the deceased's property.
- (5) In the case of an individual who dies in an interest period, section 74(2) of this Act shall have effect as if the reference to the day the period ends were to the day he dies.
Trading stock: appropriations
13
- (1) Where securities acquired by a person otherwise than as trading stock of a trade carried on by him are appropriated by him for the purposes of the trade as trading stock (whether on the commencement of the trade or otherwise), he shall be treated for the purposes of this Chapter as transferring them otherwise than in the course of the trade and re-acquiring them in the course of the trade on the day the appropriation is made.
- (2) Where securities forming part of the trading stock of a person's trade are appropriated by him for any other purpose, or are retained by him on his ceasing to carry on the trade, he shall be treated for the purposes of this Chapter as transferring them in the course of the trade and re-acquiring them otherwise than in the course of the trade on the day the appropriation is made or (as the case may be) he ceases to carry on the trade.
- (3) Where sub-paragraph (1) or (2) above applies, the securities shall be treated as transferred with accrued interest if the person was entitled to receive in respect of them interest payable on—
- (a) the day the transfer is treated as made, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after that day, in any other case,
and they shall be treated as transferred without accrued interest if he was not so entitled.
Conversions
14
- (1) Where there is a conversion of securities the person who was entitled to them immediately before the conversion shall be treated for the purposes of this Chapter as transferring them on the day of the conversion (if there is no actual transfer).
- (2) The transfer shall be treated as made with accrued interest if the person was entitled to receive in respect of the securities interest payable on—
- (a) the day of the conversion, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after the day of the conversion, in any other case,
and they shall be treated as transferred without accrued interest if he was not so entitled.
- (3) For the purposes of this Chapter the interest period in which the conversion is made shall be treated as ending on the day on which it would have ended had the conversion not been made.
- (4) In this paragraph " conversion " means conversion within the meaning of section 82 of the Capital Gains Tax Act 1979.
Transfer of unrealised interest
15
- (1) This paragraph applies where securities are transferred on or after 28th February 1986 with the right to receive interest (unrealised interest) payable on them on an interest payment day falling before the settlement day.
- (2) Where the settlement day falls within an interest period, section 74 of this Act shall (subject to sub-paragraph (5) below) apply as if the transferor were entitled under section 73 to a sum on them in the period of an amount equal to the unrealised interest (in addition to any other sum to which he may be treated as so entitled).
- (3) Where the settlement day falls after the end of the last interest period in relation to the securities, the transferor shall be treated as receiving on the settlement day annual profits or gains of an amount equal to the unrealised interest; and the profits or gains shall be chargeable to tax under Case VT of Schedule D for the chargeable period in which they are treated as received.
- (4) Where the transferee receives the unrealised interest, and but for this sub-paragraph it would be taken into account in computing tax charged for the chargeable period in which the interest is received, it shall for the purposes of the Tax Acts be left out of account.
- (5) Section 75(1) of this Act applies for the purposes of this paragraph as if the reference to section 73(2)(a) or (3)(a) were to subparagraph (2) or (3) above and references to the year of assessment in which the interest period ends were to the year in which the settlement day falls.
- (6) Paragraph 6 above applies for the purposes of this paragraph as if the reference to section 73 were to this paragraph.
- (7) Where sub-paragraph (2) or (3) above applies, section 31 of the Capital Gains Tax Act 1979 shall be disregarded in computing for capital gains tax purposes the gain accruing on the disposal concerned, but an amount equal to the amount of the unrealised interest shall be excluded from the consideration mentioned in paragraph 33(4) below.
- (8) Where the unrealised interest is payable in a currency other than sterling its amount is for the purposes of this paragraph the sterling equivalent on the settlement day of the amount it would be apart from this sub-paragraph ; and for this purpose the sterling equivalent is to be calculated by reference to the London closing rate of exchange for that day.
Insurance companies
16
The references in section 75(1)(a) and (2)(a) of this Act and in paragraph 5(1) of Schedule 22 to this Act to computing the profits or losses of a trade shall not be taken as applying to a computation of income for the purposes of section 305(2) of the Taxes Act (expenses of management of insurance companies).
17
Where an insurance company carrying on life assurance business is treated as receiving annual profits or gains under section 74(2) of this Act, paragraph 2 of Schedule 22 to this Act or paragraph 15(3) above in respect of securities held as investments in connection with that business, the profits or gains shall be treated for the purposes of section 310 of the Taxes Act (rate relief: investment income reserved for policy holders) as if they were income from investments held in connection with that business.
18
- (1) Section 73(2)(a) or (3)(a) of this Act (as the case may be) does not apply if the transferor is an insurance company and the transfer fails to be taken into account in computing its profits or losses for the purposes of section 312 of the Taxes Act (general annuity business or pension business).
- (2) Section 73(2)(b) or (3)(b) of this Act (as the case may be) does not apply if sub-paragraph (1) above would apply if " transferor " read " transferee ".
- (3) For the purposes of Schedule 22 to this Act an insurance company is to be treated as not entitled to securities on a day if, were it to transfer them on that day, that transfer would fall to be taken into account in computing its profits or losses for the purposes of section 312 of the Taxes Act.
19
- (1) Section 73(2)(a) or (3)(a) of this Act (as the case may be) does not apply if the transferor is an insurance company which, if it became entitled to any interest on the securities transferred, would by virtue of section 315(1) of the Taxes Act (foreign life assurance funds) be liable, in respect of the interest, to tax computed by reference to the amount of income received in the United Kingdom.
- (2) Section 73(2)(b) or (3)(b) of this Act (as the case may be) does not apply if sub-paragraph (1) above would apply if " transferor " read " transferee ".
- (3) For the purposes of Schedule 22 to this Act an insurance company is to be treated as not entitled to securities in the case of which, if it became entitled to any interest on them, it would by virtue of section 315(1) of the Taxes Act be liable, in respect of the interest, to tax computed by reference to the amount of interest received in the United Kingdom.
- (4) Section 73(2)(a) or (3)(a) of this Act (as the case may be) does not apply if the transferor is an insurance company which, if it became entitled to any interest on the securities transferred and applied it for the purposes of its foreign life assurance fund, would by virtue of section 315(2) of the Taxes Act not be liable to tax in respect of the interest.
- (5) Section 73(2)(b) or (3)(b) of this Act (as the case may be) does not apply if sub-paragraph (4) above would apply if "transferor " read " transferee ".
- (6) For the purposes of Schedule 22 to this Act an insurance company is to be treated as not entitled to securities in the case of which, if it became entitled to any interest on them and applied it for the purposes of its foreign life assurance fund, it would by virtue of section 315(2) of the Taxes Act not be liable to tax in respect of the interest.
20
- (1) In section 316(1) of the Taxes Act (income of overseas life insurance companies) " income " does not include annual profits or gains chargeable to tax by virtue of section 74(2) of this Act or paragraph 2(4) of Schedule 22 to this Act or paragraph 15(3) above,
- (2) Where an overseas life insurance company is entitled to an allowance under section 74(4) of this Act, section 74(5) and (6) shall not apply but sub-paragraphs (3) and (4) below shall apply.
- (3) If the company is treated under section 74(2) of this Act as receiving annual profits or gains in an accounting period, the profits or gains shall be treated as reduced by any amount (the deductible amount) equal to the allowance or aggregate of the allowances, as the case may be, to which the company is entitled under section 74(4) of this Act in relation to an interest period or periods ending in the accounting period.
- (4) Where the deductible amount exceeds the amount of those annual profits or gains, the company may claim to have the excess treated as reducing any annual profits or gains the company is treated as receiving under section 74(2) of this Act in the company's next accounting period or, if there is still an excess, the one after (and so on for future accounting periods).
- (5) Sub-paragraphs (2) to (4) above do not apply to an overseas life insurance company if, by virtue of arrangements specified in an Order in Council under section 497 of the Taxes Act (double taxation relief), no charge to corporation tax under Case III of Schedule D arises under section 316 of that Act in respect of any income of the company.
- (6) In this paragraph " overseas life insurance company " has the meaning given by section 323(2) of the Taxes Act (company with head office outside UK but carrying on life assurance business through UK branch or agency).
Underwriters
21
In paragraphs 22 to 28 below " approved association of underwriters ", " business " and " premiums trust fund " have the meanings given by paragraph 16(1) of Schedule 10 to the Taxes Act.
22
An underwriting member of Lloyd's or of an approved association of underwriters shall be treated for the purposes of this Chapter as absolutely entitled as against the trustees to the securities forming part of his premiums trust fund, his special reserve fund (if any) and any other trust fund required or authorised by the rules of Lloyd's or the association in question, or required by the underwriting agent through whom his business or any part of it is carried on, to be kept in connection with the business.
23
- (1) In relation to securities forming part of a premiums trust fund, any reference in Schedule 22 to this Act to a date in the first column in sub-paragraph (3) below shall be read as a reference to that opposite it in the second.
- (2) Where securities are transferred by or to the trustees of a premiums trust fund, this Chapter (other than Schedule 22) shall be read in relation to the trustees as if any reference to a date in the first column in sub-paragraph (3) below were a reference to that opposite it in the second, but without being so read in relation to the transferee or transferor (unless in turn constituting trustees of such a fund).
- (3) The dates are—
| 28th February 1982 | 1st January 1982 |
|---|---|
| 27th February 1985 | 31st December 1984 |
| 28th February 1985 | 1st January 1985 |
| 27th February 1986 | 31st December 1985 |
| 28th February 1986 | 1st January 1986 |
24
- (1) The securities forming part of a premiums trust fund at the beginning of 1st January 1986 or 1st January of any subsequent year shall be treated for the purposes of this Chapter as transferred on 1st January concerned to the trustees of the fund.
- (2) In relation to such a transfer, the settlement day is the day preceding that of the transfer (notwithstanding paragraph 4 above).
- (3) The securities shall be treated as transferred with accrued interest if the trustees are entitled to receive in respect of them interest payable on—
- (a) the day of the transfer, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after that day, in any other case,
and they shall be treated as transferred without accrued interest if they are not so entitled.
- (4) This paragraph does not apply as regards securities if the day preceding 1st January concerned is an interest payment day in relation to them.
25
- (1) The securities forming part of a premiums trust fund at the end of 31st December 1986 or 31st December of any subsequent year shall be treated for the purposes of this Chapter as transferred on 31st December concerned by the trustees of the fund.
- (2) In relation to such a transfer, the settlement day is the day of the transfer (notwithstanding paragraph 4 above).
- (3) The securities shall be treated as transferred with accrued interest if the trustees were entitled to receive in respect of them interest payable on the next (or first) interest payment day to fall after the day of the transfer, and they shall be treated as transferred without accrued interest if they were not so entitled.
- (4) This paragraph does not apply as regards securities if 31st December concerned is an interest payment day in relation to them.
26
- (1) Where securities are transferred by or to the trustees of a premiums trust fund, this paragraph shall have effect in relation to the trustees, though not in relation to the transferee or transferor (unless in turn constituting trustees of such a fund).
- (2) In this paragraph " straddling period " means a period which would (by virtue of paragraph 3(3) and (4) above and apart from this paragraph) be in relation to the securities an interest period beginning on or before and ending after 31st December 1986 or 31st December of any subsequent year.
- (3) For the purposes of this Chapter a straddling period is not an interest period, but the following shall apply to it—
- (a) the period beginning with the day on which the straddling period begins and ending with 31st December concerned is an interest period, and
- (b) the period beginning with the day following 31st December concerned and ending with the day with which the straddling period ends is an interest period.
27
- (1) Paragraph 12 above does not apply where the individual concerned is an underwriting member of Lloyd's or of an approved association of underwriters and the securities concerned form part of a premiums trust fund, a special reserve fund or any other trust fund required or authorised by the rules of Lloyd's or the association in question, or required by the underwriting agent through whom the individual's business or any part of it is carried on, to be kept in connection with the business.
- (2) In such a case the deceased's personal representatives shall be treated for the purposes of this Chapter as the transferor or transferee in relation to transfers of securities as to which the deceased was the transferor or transferee (as the case may be) in the interest period in which he died.
28
- (1) This paragraph applies where an underwriting member of Lloyd's or of an approved association of underwriters is entitled to securities forming part of a premiums trust fund or to different securities forming part of different premiums trust funds.
- (2) Where there is one such fund, he shall be treated for the purposes of Schedule 22 to this Act as holding the securities forming part of it as one person and as holding as another person any other securities to which he is entitled.
- (3) Where there is more than one such fund, he shall be treated for those purposes as holding the securities forming part of different funds as different persons and as holding as yet another person any other securities (not forming part of such a fund) to which he is entitled.
- (4) In relation to the securities forming part of such a fund, four of die references in Schedule 22 to this Act to a person (where they would otherwise be to the member) shall be read as references to the underwriting agent through whom the business to which the fund relates is carried on; and the four references are the reference in paragraph 2(1), the first two in paragraph 6(1) and the first in paragraph 6(2).
- (5) Where an underwriting member of Lloyd's or of an approved association of underwriters is entitled to securities forming part of a premiums trust fund, and different securities are attributable to his participation in different syndicates, the securities attributable to different syndicates shall be treated for the purposes of this paragraph as forming part of different premiums trust funds.
29
In paragraph 7(3)(o) of Schedule 10 to the Taxes Act (special reserve funds) " income " includes annual profits or gains chargeable to tax by virtue of section 74(2) of this Act or paragraph 2(4) of Schedule 22 to this Act or paragraph 15(3) above.
Charities
30
- (1) Section 73(2)(a) or (3)(a) of this Act (as the case may be) does not apply where, if the transferor became entitled to any interest on the securities transferred and applied it for charitable purposes only, exemption could be granted under section 360(1)(c) of the Taxes Act (charities) in respect of the interest.
- (2) Section 73(2)(b) or (3)(b) of this Act (as the case may be) does not apply if sub-paragraph (1) above would apply if " transferor " read " transferee ".
- (3) For the purposes of Schedule 22 to this Act a person is to be treated as not entitled to securities in the case of which, if he became entitled to any interest on them and applied it for charitable purposes only, exemption could be granted under section 360(1)(c) of the Taxes Act in respect of the interest.
- (4) Section 73(2)(a) or (3)(a) of this Act (as the case may be) does not apply where, if the transferor became entitled to any interest on the securities transferred and applied it for the purposes mentioned in paragraph (d) of section 360(1) of the Taxes Act, exemption could be granted under that paragraph in respect of the interest.
- (5) Section 73(2)(b) or (3)(b) of this Act (as the case may be) does not apply if sub-paragraph (4) above would apply if " transferor " read " transferee ".
- (6) For the purposes of Schedule 22 to this Act a person is to be treated as not entitled to securities in the case of which, if he became entitled to any interest on them and applied it for the purposes mentioned in paragraph (d) of section 360(1) of the Taxes Act, exemption could be granted under that paragraph in respect of the interest.
31
- (1) If securities held on charitable trusts cease to be subject to charitable trusts the trustees shall be treated for the purposes of this Chapter as transferring the securities (in their capacity as charitable trustees) to themselves (in another capacity) at the time when the securities cease to be so subject.
- (2) The securities shall be treated as transferred with accrued interest if the trustees were entitled to receive in respect of them interest payable on—
- (a) the day the transfer is treated as made, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after that day, in any other case,
and they shall be treated as transferred without accrued interest if they were not so entitled.
Retirement schemes
32
- (1) Section 73(2)(a) or (3)(a) of this Act (as the case may be) does not apply where, if the transferor became entitled to any interest on the securities transferred, exemption could be allowed under section 21(2) of the Finance Act 1970 (exempt approved retirement benefits schemes) in respect of the interest.
- (2) Section 73(2)(b) or (3)(b) of this Act (as the case may be) does not apply if sub-paragraph (1) above would apply if " transferor " read " transferee ".
- (3) For the purposes of Schedule 22 to this Act a person is to be treated as not entitled to securities in the case of which, if he became entitled to any interest on them, exemption could be allowed under section 21(2) of the Finance Act 1970 in respect of the interest.
PART III — Miscellaneous
Capital gains
33
- (1) Where securities are transferred, then—
- (a) if section 73(2)(a) or (3)(a) of this Act (as the case may be) applies, section 31 of the Capital Gains Tax Act 1979 shall be disregarded in computing for capital gains tax purposes the gain accruing on the disposal concerned ;
- (b) if section 73(2)(b) or (3)(b) of this Act (as the case may be) applies, section 33 of the Capital Gains Tax Act 1979 shall be disregarded in computing for capital gains tax purposes the gain accruing to the transferee if he disposes of the securities,
but the following provisions of this paragraph shall apply.
- (2) Where the securities are transferred with accrued interest, then—
- (a) if section 73(2)(a) of this Act applies, an amount equal to the accrued amount (determined under that section) shall be excluded from the consideration mentioned in subparagraph (4) below;
- (b) if section 73(2)(b) of this Act applies, an amount equal to that amount shall be excluded from the sums mentioned in sub-paragraph (5) below.
- (3) Where the securities are transferred without accrued interest, then—
- (a) if section 73(3)(a) of this Act applies, an amount equal to the rebate amount (determined under that section) shall be added to the consideration mentioned in sub-paragraph (4) below;
- (b) if section 73(3)(b) of this Act applies, an amount equal to that amount shall be added to the sums mentioned m subparagraph (5) below.
- (4) The consideration is the consideration, for the disposal of the securities transferred, which is taken into account in the computation for capital gains tax purposes of the gain accruing on the disposal.
- (5) The sums are the sums allowable to the transferee as a deduction from the consideration in the computation for capital gains tax purposes of the gain accruing to him if he disposes of the securities.
34
- (1) Where—
- (a) there is a disposal of securities for capital gains tax purposes but the disposal is not a transfer for the purposes of this Chapter, and
- (b) if the disposal were such a transfer one or more of the following paragraphs would apply, namely, paragraphs (a) and (b) of section 73(2) and paragraphs (a) and (b) of section 73(3) of this Act,
the securities shall be treated for the purposes of this paragraph as transferred on the day of the disposal.
- (2) The securities shall be treated for those purposes as transferred with accrued interest if the person making the disposal was entitled to receive in respect of the securities interest payable on—
- (a) the day of the disposal, if that is an interest payment day, or
- (b) the next (or first) interest payment day to fall after that day, in any other case,
and they shall be treated for those purposes as transferred without accrued interest if he was not so entitled.
- (3) Where the securities are treated for the purposes of this paragraph as transferred with accrued interest, then—
- (a) if section 73(2)(a) of this Act would apply if the disposal were a transfer, an amount equal to the accrued amount (determined under that section) shall be excluded from the consideration mentioned in sub-paragraph (5) below ;
- (b) if section 73(2)(b) of this Act would apply if the disposal were a transfer, an amount equal to that amount shall be excluded from the sums mentioned in sub-paragraph (6) below.
- (4) Where the securities are treated for the purposes of this paragraph as transferred without accrued interest, then—
- (a) if section 73(3)(a) of this Act would apply if the disposal were a transfer, an amount equal to the rebate amount (determined under that section) shall be added to the consideration mentioned in sub-paragraph (5) below ;
- (b) if section 73(3)(b) of this Act would apply if the disposal were a transfer, an amount equal to that amount shall be added to the sums mentioned in sub-paragraph (6) below.
- (5) The consideration is the consideration for the disposal of the securities which is taken into account in the computation for capital gains tax purposes of the gain accruing on the disposal.
- (6) The sums are the sums allowable, to the person to whom the disposal is made, as a deduction from the consideration in the computation for capital gains tax purposes of the gain accruing to him if he disposes of the securities.
35
- (1) In this paragraph " conversion " means conversion within the meaning of section 82 of the Capital Gains Tax Act 1979, and " exchange " means an exchange which by virtue of Chapter II of Part IV of that Act (reorganisations etc.) does not involve a disposal.
- (2) Where on a conversion or exchange of securities a person is treated as entitled to a sum under section 73(2)(a) of this Act, an amount equal to the accrued amount (determined under that section) shall, for capital gains tax purposes, be treated as follows—
- (a) to the extent that it does not exceed the amount of any consideration which the person receives (or is deemed to receive) or becomes entitled to receive on the conversion or exchange (other than his new holding), it shall be treated as reducing that consideration, and
- (b) to the extent that it does exceed that amount, it shall be treated as consideration which the person gives on the conversion or exchange.
- (3) Where on a conversion or exchange of securities a person is treated as entitled to relief under section 73(3)(a) of this Act, an amount equal to' the rebate amount (determined under that section) shall, for capital gains tax purposes, be treated as consideration which the person receives on the conversion or exchange.
36
Schedule 22 to this Act shall be disregarded in construing sections 31 and 33 of the Capital Gains Tax Act 1979.
Double taxation relief
37
- (1) This paragraph applies where
- (a) a person is treated under section 74(2) of this Act as receiving annual profits or gains on the day an interest period ends,
- (b) assuming that, in the chargeable period in which the day falls he were to become entitled to any interest on the securities concerned, he would be liable in respect of the interest to tax chargeable under Case IV or Case V of Schedule D, and
- (c) he is liable under the law of a territory outside the United Kingdom to tax in respect of interest payable on the securities at the end of the interest period or he would be so liable if he were entitled to that interest.
- (2) Credit shall be allowed against any United Kingdom income tax or corporation tax computed by reference to the profits or gains, and shall be treated as if it were allowed under section 498(3) of the Taxes Act.
- (3) The credit shall be of an amount equal to the relevant proportion of the profits or gains ; and the relevant proportion is the rate of tax to which the person is or would be liable as mentioned in sub-paragraph (1)(c) above.
38
- (1) Sub-paragraph (2) below applies where—
- (a) a person is entitled to credit against United Kingdom tax under section 498(3) of the Taxes Act or any corresponding provision of arrangements under section 497 of that Act, and
- (b) the tax is computed by reference to income consisting of interest which falls due on securities at the end of an interest period and which is treated as reduced by virtue of section 74(5) of this Act.
- (2) The amount of the credit shall be a proportion of the amount it would be apart from this sub-paragraph, and the proportion is to be found by applying the formula—
$$I−RI$ where I is the amount of the interest and R is the amount by which it is treated as reduced.$
- (3) Where the person entitled to the credit is an individual, subparagraph (2) above does not apply unless the interest arises from securities to which the person either became or ceased to be entitled during the interest period.
- (4) Where section 516(1) of the Taxes Act applies to any income (deduction where no credit allowable) and, if credit were allowable in respect of it the credit would be reduced by virtue of sub-paragraph (2) above, section 516(1) shall have effect in relation to the income as if the reference to any sum paid in respect of tax on it were a reference to the amount which would be the amount of the credit if it were allowable and sub-paragraph (2) above applied.
Transfer of assets abroad
39
- (1) Sub-paragraph (2) below applies where a person resident or domiciled outside the United Kingdom throughout any chargeable period in which an interest period (or part of it) falls would, at the end of the interest period, have been treated under section 74(2) of this Act as receiving annual profits or gains or annual profits or gains of a greater amount if he had been resident or domiciled in the United Kingdom during a part of each such chargeable period.
- (2) Section 478 of the Taxes Act and section 45 of the Finance Act 1981 (avoidance of tax by transfers abroad) shall have effect as if the amount which the person would be treated as receiving or the additional amount (as the case may be) were income becoming payable to him; and, accordingly, any reference in those enactments to income of (or payable or arising to) such a person shall be read as including a reference to such an amount.
- (3) Sub-paragraph (4) below applies where income of a person resident or domiciled outside the United Kingdom throughout any chargeable period in which an interest period (or part of it) falls consists of interest which falls due at the end of the interest period and which would have been treated under section 74(5) of this Act as reduced by an allowance or an allowance of a greater amount if he had been resident or domiciled in the United Kingdom during a part of each such chargeable period.
- (4) For the purposes of section 478 of the Taxes Act and section 45 of the Finance Act 1981, the interest shall be treated as being reduced by the amount of the allowance or by the additional amount (as the case may be).
Taxes Act: miscellaneous
40
- (1) No notice served under section 30 of the Taxes Act (prevention of tax avoidance by sales cum dividend etc.) may specify a period which includes any time falling after 27th February 1986.
- (2) Where a person is treated as receiving annual profits or gains by virtue of paragraph 2 of Schedule 22 to this Act, section 30 of the Taxes Act shall not apply, in relation to securities in which he has had a beneficial interest, as regards the period beginning with 28th February 1985 and ending with 27th February 1986.
41
Subsections (1) and (2) of section 469 of the Taxes Act (sale and repurchase of securities) shall not apply if the owner's agreement to sell or transfer constitutes a transfer to which section 73(2)(a) of this Act applies.
42
Section 474 of the Taxes Act (purchase and sale of securities by persons other than dealers in securities) does not apply to the extent that the interest is payable in respect of securities which are securities for the purposes of this Chapter and which are purchased by the first buyer on or after 28th February 1986.
43
- (1) This paragraph applies where—
- (a) securities are transferred to a person without accrued interest,
- (b) a contract is made for the sale by that person (the seller) of securities of that kind, and
- (c) section 477 of the Taxes Act (manufactured dividends) has effect in the case of that contract.
- (2) Where the nominal value of the securities subject to the contract is greater than or equal to that of the securities transferred, the seller shall not be treated as entitled to any sum to which, but for this sub-paragraph, he would be treated as entitled under section 73(3)(b) of this Act on the securities transferred.
- (3) Where the nominal value of the securities subject to the contract is less than that of the securities transferred, any sum (or the aggregate of any sums) to which he is treated as entitled under section 73(3)(b) on the securities transferred shall be reduced by the amount of any part of the sum (or aggregate) attributable to securities (relevant securities) of a nominal value equal to that of the securities subject to the contract.
- (4) In determining which of the securities transferred are relevant securities for the purposes of sub-paragraph (3) above, those transferred to the seller earlier must be chosen before those transferred to him later.
- (5) For the purposes of this Chapter the securities which the seller contracts to sell shall not be treated as transferred by him (though treated as transferred to the person to whom he contracts to sell).
Information
44
- (1) In order to obtain for the purposes of this Chapter particulars relating to securities, an inspector may by notice in writing require a return under sub-paragraph (2) or (3) below; and such a notice may specify a period beginning on or after 28th February 1985.
- (2) A member of the Stock Exchange, other than a jobber, may be required to make a return giving, in relation to any transactions effected by him in the course of his business in the period specified in the notice, such particulars as may be so specified.
- (3) A person (other than a member of the Stock Exchange) who acts as an agent or broker in the United Kingdom in transactions in securities may be required to make a return giving, in relation to any such transactions effected by him in the period specified in the notice, such particulars as may be so specified.
- (4) No person shall be required under sub-paragraph (2) or (3) above to include in a return particulars of any transaction effected more than three years before the service of the notice requiring him to make the return.
- (5) In order to obtain for the purposes of this Chapter particulars relating to securities, the Board or an inspector may by notice in writing require any person in whose name any securities are registered to state whether or not he is the beneficial owner of those securities and, if he is not the beneficial owner of them or any of them, to furnish the name and address of the person or persons on whose behalf the securities are registered in his name.
- (6) In the Table in section 98 of the Taxes Management Act 1970 (penalties for failure to comply with notices etc.) at the end of the first column there shall be inserted—
| Paragraph 44 of Schedule 23 to the Finance Act 1985 |
|---|
.
SCHEDULE 24
a
The heading beginning " Agreement or contract made or entered into pursuant to the Highways Acts ".
b
The headings beginning " Appointment of a new trustee, and appointment in execution of a power of any property ".
c
The heading beginning " Charter of resignation ".
d
The heading beginning " Covenant. Any separate deed of covenant".
e
The heading " Deed of any kind whatsoever, not described in this schedule ".
f
The headings beginning " Letter of allotment and letter of renunciation " and " Scrip certificate, scrip ".
g
The heading beginning " Letter or power of attorney, and commission, factory, mandate ".
h
The heading beginning " Precept of clare constat".
i
The heading " Procuration, deed, or other instrument of ".
j
The heading beginning " Resignation ", together with the heading " instrument of resignation of any lands or other heritable subjects in Scotland not of burgage tenure ".
k
The heading " Revocation of any use or trust of any property by any writing, not being a will ".
l
The heading beginning "Seisin" and the heading "Notarial instrument to be expeded and recorded in any register of sasines ".
m
The heading " Warrant of attorney of any other kind ".
n
The heading beginning " Writ".
SCHEDULE 25
Part I — Provisions Supplementary to Abolition of Development Land Tax
1
- (1) In this Part of this Schedule “the 1976 Act” means the Development Land Tax Act 1976.
- (2) Expressions used in this Part of this Schedule have the same meaning as in the 1976 Act.
2
- (1) In any case where—
- (a) before 19th March 1985 there was a DLT disposal which was a deemed disposal, and
- (b) by virtue of any provision of the 1976 Act, liability for development land tax on all or any of the realised development value which accrued on the DLT disposal stands deferred immediately before that date and, accordingly, is extinguished under section 93(3) of this Act,
then, except as respects the interaction of the DLT disposal with a CGT disposal or trading disposal occurring before 19th March 1985, for the purposes of Part I of Schedule 6 to the 1976 Act (interaction of development land tax with other taxes) so much of the realised development value as is referable to the deferred tax shall be assumed not to have accrued on the DLT disposal and, accordingly, no sum shall be regarded as being available or allowable as a deduction under any provision of that Part by virtue of that amount of realised development value.
- (2) If, in a case falling within paragraphs (a) and (b) of sub-paragraph (1) above, liability for only some of the tax which accrued on the DLT disposal stands deferred as mentioned in paragraph (b), any reference in that sub-paragraph to the amount of realised development value which is referable to the deferred tax is a reference to that proportion of the whole of the realised development value accruing on the DLT disposal which the tax the liability for which stands so deferred bears to the whole of the tax the liability for which arose on the DLT disposal.
- (3) In this paragraph, “DLT disposal”, “CGT disposal” and “trading disposal” have the meaning assigned by section 34(3) of the 1976 Act.
3
Where, by virtue of paragraph 21 or paragraph 22 of Schedule 2 to the 1976 Act (general rules for determining amount of consideration),—
- (a) consideration is brought into account without any discount for postponed payment or without regard to any risk of irrecoverability, or
- (b) consideration is determined without taking account of any contingent liability,
no further assessment to tax shall be raised by reason of anything occurring on or after 19th March 1985, but relief by way of discharge or repayment of tax or otherwise shall continue to be available on and after that date under sub-paragraph (2) of the paragraph in question.
Part II — Consequential Amendments
The Taxes Management Act 1970
4
In section 38 of the Taxes Management Act 1970 (modification of section 37 in relation to partnerships) in subsection (3) for the words “subsections (3A) and (5)” (which were substituted by paragraph 8 of Schedule 8 to the Development Land Tax Act 1976) there shall be substituted “subsection (5)”.
5
In section 40 of that Act (assessment on personal representatives) in subsection (3) for the words “subsections (1) and (2) above” (which were substituted by paragraph 9(1) of Schedule 8 to the said Act of 1976) there shall be substituted “this section”.
6
In section 70 of that Act (evidence) in subsection (2) for the words “86A or 87” (which were substituted by section 115 of the Finance Act 1980) there shall be substituted “or 87”.
The Taxes Act
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In section 316 of the Taxes Act (overseas life insurance companies: charge on investment income) for subsection (1A) (which was inserted by paragraph 7 of Schedule 7 to the Finance Act 1974 and amended by the Finance Act 1984) there shall be substituted the following subsection—
(1A) In subsection (1) above, " income " shall not include income attributable to offshore income gains, within the meaning of Chapter VII of Part II of the Finance Act 1984 (but without prejudice to any claim under section 310 of this Act).
The Finance Act 1972
9
In Part II of Schedule 16 to the Finance Act 1972 (provisions for determining relevant income and distributions etc. of close companies) in paragraph 10(8), (which was amended by paragraph 5 of Schedule 7 to the Finance Act 1974) for paragraphs (b) onwards there shall be substituted—
(b) secondly, so far as it cannot be made under (a) above, from the company's estate or trading income so charged; and (c) thirdly, so far as it cannot be made under (a) or (b) above, from the amount included in the company's profits in respect of chargeable gains
.
The Finance Act 1981
10
In section 135 of the Finance Act 1981 (Chevening estate) in subsection (1) for the words “capital transfer tax and development land tax” there shall be substituted “and capital transfer tax”.
SCHEDULE 26
Principal amendments
1
In section 30 (1) (b) of the Capital Transfer Tax Act 1984 there shall be added at the end “or (where the property is an area of land within subsection (1) (d) of that section) with respect to which the requisite undertakings described in that section are given by such person or persons as the Treasury think appropriate in the circumstances of the case.”.
2
- (1) Section 31 of that Act shall be amended as follows.
- (2) For subsection (1) (d) (conditional exemption for land adjoining building) there shall be substituted—
(d) any area of land which in the opinion of the Treasury is essential for the protection of the character and amenities of such a building as is mentioned in paragraph (c) above.
.
- (3) In subsections (2) (b) and (4) for “reasonable steps” there shall be substituted “such steps as are agreed between the Treasury and the person giving the undertaking, and are set out in it,”.
- (4) The following shall be inserted after subsection (4)—
(4A) In the case of an area of land within subsection (1) (d) above (relevant land) there is an additional requisite undertaking, which is that, until the person beneficially entitled to property falling within subsection (4C) below dies, or it is disposed of, whether by sale or gift or otherwise, specified steps will be taken for its maintenance, repair and preservation and for securing reasonable access to the public; and “specified steps” means such steps as are agreed between the Treasury and the person giving the undertaking, and are set out in it. (4B) Where different persons are entitled (either beneficially or otherwise) to different properties falling within subsection (4C) below, subsection (4A) above shall have effect to require separate undertakings as to the maintenance, repair, preservation and access of each of the properties to be given by such persons as the Treasury think appropriate in the circumstances of the case. (4C) The following property falls within this subsection— (a) the building for the protection of whose character and amenities the relevant land is in the opinion of the Treasury essential; (b) any other area (or areas) of land which, in relation to the building, falls (or fall) within subsection (1) (d) above and which either lies (or lie) between the relevant land and the building or is (or are) in the opinion of the Treasury physically closely connected with the relevant land or the building. (4D) Where subsection (4A) above requires an undertaking for the maintenance, repair, preservation and access of property, such an undertaking for its maintenance, repair, preservation and access is effective. (4E) Any undertaking given in pursuance of subsection (4A) above is for the purposes of this Act given with respect to the relevant land. (4F) It is for the person seeking the designation of relevant land to secure that any undertaking required under subsection (4A) above is given.
3
- (1) Section 32 of that Act (chargeable events for conditionally exempt property) shall be amended as follows.
- (2) After subsection (5) there shall be inserted—
(5A) This section does not apply where section 32A below applies
.
- (3) Subsections (6) and (7) shall be omitted.
4
The following shall be inserted after section 32 of that Act—
(32A) (1) For the purposes of this section the following properties are associated with each other, namely, a building falling within section 31 (1) (c) above and (to the extent that any of the following exists) an area or areas of land falling within section 31 (1) (d) above in relation to the building and an object or objects falling within section 31 (1) (e) above in relation to the building; and this section applies where there are such properties, which are referred to as associated properties. (2) Where there has been a conditionally exempt transfer of any property (or part), tax shall be charged under this section in respect of that property (or part) on the first occurrence after the transfer of an event which under this section is a chargeable event with respect to that property (or part). (3) If the Treasury are satisfied that at any time an undertaking given under section 30 above or this section for the maintenance, repair, preservation, access or keeping of any of the associated properties has not been observed in a material respect, then (subject to subsection (10) below) the failure to observe the undertaking is a chargeable event with respect to the whole of each of the associated properties of which there has been a conditionally exempt transfer. (4) If— (a) the person benefically entitled to property dies, or (b) property (or part of it) is disposed of, whether by sale or gift or otherwise, then, if the property is one of the associated properties and an undertaking for its maintenance, repair, preservation, access or keeping has been given under section 30 above or this section, the death or disposal is (subject to subsections (5) to (10) below) a chargeable event with respect to the whole of each of the associated properties of which there has been a conditionally exempt transfer. (5) Subject to subsection (6) below, the death of a person beneficially entitled to property, or the disposal of property (or part), is not a chargeable event if the personal representatives of the deceased (or, in the case of settled property, the trustees or the person next entitled) within three years of the death make or, as the case may be, the disposal is— (a) a disposal of the property (or part) concerned by sale by private treaty to a body mentioned in Schedule 3 to this Act, or to such a body otherwise than by sale, or (b) a disposal of the property (or part) concerned in pursuance of section 230 below. (6) Where a disposal mentioned in subsection (5) (a) or (b) above is a part disposal, that subsection does not make the event non-chargeable with respect to property other than that disposed of unless any undertaking previously given under section 30 above or this section for the maintenance, repair, preservation, access or keeping of the property (or part) concerned is replaced by a corresponding undertaking given by such person as the Treasury think appropriate in the circumstances of the case; and in this subsection “part disposal” means a disposal of property which does not consist of or include the whole of each property which is one of the asociated properties and of which there has been a conditionally exempt transfer. (7) Where, after a relevant disposal (that is, a disposal mentioned in subsection (5) (a) or (b) above made in circumstances where that subsection applies), a person beneficially entitled to the property (or part) concerned dies or the property (or part) concerned is disposed of, the death or disposal is not a chargeable event with respect to the property (or part) concerned unless there has again been a conditionally exempt transfer of the property (or part) concerned after the relevant disposal. (8) The death of a person beneficially entitled to property, or the disposal of property (or part) otherwise than by sale, is not a chargeable event if— (a) the transfer of value made on the death or the disposal is itself a conditionally exempt transfer of the property (or part) concerned, or (b) any undertaking previously given under section 30 above or this section for the maintenance, repair, preservation, access or keeping of anything falling within the associated properties is replaced by a corresponding undertaking given by such person as the Treasury think appropriate in the circumstances of the case. (9) If— (a) the whole or part of any property is disposed of by sale, and (b) any undertaking previously given under section 30 above or this section for the maintenance, repair, preservation, access or keeping of the property (or part) concerned is replaced by a corresponding undertaking given by such person as the Treasury think appropriate in the circumstances of the case, the disposal is a chargeable event only with respect to the whole or part actually disposed of (if it is a chargeable event with respect to such whole or part apart from this subsection). (10) If— (a) the Treasury are satisfied that there has been a failure to observe, as to one of the associated properties or part of it, an undertaking for the property’s maintenance, repair, preservation, access or keeping, or (b) there is a disposal of one of the associated properties or part of it, and it appears to the Treasury that the entity consisting of the associated properties has not been materially affected by the failure or disposal, they may direct that it shall be a chargeable event only with respect to the property or part as to which there has been a failure or disposal (if it is a chargeable event with respect to that property or part apart from this subsection).
Consequential amendments
5
In sections 33 (1), 34 (1), and 221 (6) (a) of that Act, and in paragraph 5 of Schedule 2 to that Act, after “32” there shall be inserted “or 32A”.
6
In sections 33 (6) and 34 (4) of that Act, at the end there shall be added “or, where the property has been disposed of as mentioned in section 32A (5) above, before any event which apart from section 32A (5) would have been such a chargeable event.”
7
For section 35 (2) (a) and (b) of that Act there shall be substituted—
(a) if there has been no conditionally exempt transfer of the property on death, tax shall be chargeable either— (i) under section 32 or 32A above (as the case may be), or (ii) under Schedule 5 to this Act, as the Board may elect; (b) if there has been such a conditionally exempt transfer, tax shall be chargeable under section 32 or 32A above (as the case may be) and not under that Schedule.
8
In section 78 of that Act—
- (a) in subsection (1) (b) there shall be added at the end “ or (where the property is an area of land within subsection (1) (d) of that section) the requisite undertakings described in that section are given with respect to the property by such person or persons as the Treasury think appropriate in the circumstances of the case. ”;
- (b) in subsection (3) after “sections 32,” there shall be inserted “32A,” and after “section 32” there shall be inserted “or 32A”.
9
In section 79 (3) (b) of that Act after “given” there shall be inserted “with respect to the property” and after “case” there shall be inserted “or (where the property is an area of land within subsection (1) (d) of that section) the requisite undertakings described in that section have been given with respect to the property by such person or persons as the Treasury think appropriate in the circumstances of the case”.
10
After section 207 (2) of that Act there shall be inserted—
(2A) Where tax is chargeable under section 32A above on the occurrence of an event which is a chargeable event with respect to any property by virtue of subsection (3) or subsection (4) (a) of that section, the person liable for the tax is the person who, if the property were sold— (a) in a case within subsection (3) of that section, at the time the tax becomes chargeable, and (b) in a case within subsection (4) (a) immediately after the death, would be entitled to receive (whether for his benefit or not) the proceeds of sale or any income arising from them. (2B) Where tax is chargeable under section 32A above on the occurrence of an event which is a chargeable event with respect to any property by virtue of subsection (4) (b) of that section, the person liable for the tax is the person by whom or for whose benefit the property is disposed of.
11
In sections 216 (7), 226 (4) and 233 (1) (c) of that Act, after “32,” there shall be inserted “32A,”.
12
In paragraph 3 of Schedule 4 to that Act—
- (a) in sub-paragraph (2) (b) after “32 (5) (b)” there shall be inserted “,32A (6), (8) (b) or (9) (b)”;
- (b) in sub-paragraph (2) (c) after “32” there shall be inserted “,32A”;
- (c) in sub-paragraph (3) after “(4)” there shall be inserted “, or (as the case may be) undertakings such as are described in subsections (4) and (4A),” , after “the undertaking” (in both places) there shall be inserted “or undertakings”, and after “32” there shall be inserted “or 32A”.
13
In paragraph 4 (2) of Schedule 6 to that Act, for paragraphs (a) and (b) there shall be substituted—
(a) if there has been no conditionally exempt transfer of the property on death, either— (i) tax shall be chargeable under section 32 or 32A of this Act (as the case may be), or (ii) estate duty shall be chargeable under those provisions, as the Board may elect, and (b) if there has been such a conditionally exempt transfer, there shall be a charge under section 32 or 32A of this Act (as the case may be) and not under those provisions;
.
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 27
Part I — Customs and Excise: Miscellaneous
Part II — Vehicles Excise Duty
Part III — Gaming Machine Licence Duty
Part IV — Value Added Tax
Part V — Income Tax and Corporation Tax: General
Part VI — Income Tax and Corporation Tax: Capital Allowances
Part VII — Capital Gains
Part VIII — Securities
Part IX — Stamp Duty
Part X — Development Land Tax and Tax on Development Gains
Part XI — Miscellaneous
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13A
14A
14B
15A
17A
Gifts inter vivos.
Chargeable periods relevant to limit on tax payable and expenditure supplement.
Extension of Provisional Collection of Taxes Act 1968 to reduced and composite rates.
Abolition of development land tax and tax on development gains.
Extension of Provisional Collection of Taxes Act 1968 to reduced and composite rates.
1
The repeals in the Alcoholic Liquor Duties Act 1979 have effect on the coming into operation of regulations under section 71A of the Alcoholic Liquor Duties Act 1979.
2
The repeal in the Hydrocarbon Oil Duties Act 1979 has effect on the coming into operation of paragraph 4 of Schedule 4 to this Act.
These repeals apply in relation to licences taken out after 19th March 1985.
1
The repeals in the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972, the Finance Act 1980 and the Finance Act 1982 have effect from 1st October 1985.
2
The repeals in the Betting and Gaming Duties Act 1981 do not affect licences granted for periods beginning before 1st October 1985.
1
The repeal in Schedule 5 to the Value Added Tax Act 1983 has effect with respect to supplies made on or after 1st May 1985.
2
The repeals in paragraphs 4 and 7 of Schedule 8 to the Value Added Tax Act 1983 have effect on the coming into operation of Schedule 8 to this Act.
1
The repeal in section 263 of the Income and Corporation Taxes Act 1970 has effect in accordance with section 39(2)(b) of this Act.
2
The repeals in section 333 and 337 of the Income and Corporation Taxes Act 1970 have effect with respect to life or endowment business (as defined in section 337 of that Act) of friendly societies and branches thereof carried on on or after 1st June 1984.
3
The repeals in sections 334 and 335 of the Income and Corporation Taxes Act 1970, Schedule 9 to the Friendly Societies Act 1974 and section 73 of the Fianance Act 1984 have effect with respect to business of friendly societies and branches thereof carried on on or after 19th March 1985.
4
The repeals in section 343 of the Income and Corporation Taxes Act 1970, section 54 of the Finance Act 1978, section 29 of the Finance Act 1983 and section 34 of the Finance Act 1984 have effect for the year 1986–87 and subsequent years of assessment.
5
The repeals in section 1 of the Friendly Societies Act (Northern Ireland) 1970 and section 7 of the Friendly Societies Act 1974 and the repeal of Schedule 9 to the Finance (No 2) Act 1975 (except paragraphs 5, 9 and 10) and section 57(2)(a) of the Finance Act 1980 have effect in accordance with section 41(4) of this Act.
1
The repeals in section 68 of the Capital Allowances Act 1968 and section 39 of the Finance Act 1978 have effect with respect to capital expenditure incurred on or after 1st April 1986, other than expenditure which—
- (a) consists of the payment of sums under a contract entered into on or before 13th March 1984 by the person incurring the expenditure; and
- (b) is incurred before 1st April 1987.
2
The repeals in section 82 of the Capital Allowances Act 1968, section 50 of the Finance Act 1971 and paragraph 14 of Schedule 12 to the Finance Act 1982 have effect with respect to any chargeable period or its basis period ending on or after 18th December 1984.
3
The repeal in section 94 of the Capital Allowances Act 1968 has effect with respect to capital expenditure incurred on or after 1st April 1985 unless that expenditure—
- (a) is incurred before 1st April 1987, and
- (b) consists of the payment of sums made under a contract entered into on or before 19th March 1985 by the person incurring the expenditure.
4
The repeals in sections 378, 379, 386 and 387 of the Income and Corporation Taxes Act 1970 have effect with respect to expenditure incurred on or after 1st April 1986.
5
The repeals in sections 41 and 44 of, and in paragraphs 6 and 10 of Schedule 8 to, the Finance Act 1971, in section 17 of the Finance Act 1974, in section 14 of the Finance Act 1975, in section 49 of the Finance (No 2) Act 1975, and in sections 65 and 71 of the Finance Act 1980 have effect with respect to any chargeable period or its basis period ending on or after 1st April 1985.
6
The repeals in paragraphs 5 and 8 of Schedule 8 to the Finance Act 1971 and in the Finance Act 1972 have effect with respect to capital expenditure incurred on or after 1st April 1985.
1
The repeals in section 270 of the Income and Corporation Taxes Act 1970, section 58 of the Finance (No. 2) Act 1975, sections 65 to 70 and 84 of and Schedule 7 to the Capital Gains Tax Act 1979, section 41 of the Finance Act 1981, section 58 of the Finance Act 1982 and Schedule 13 to the Finance Act 1984 have effect with respect to disposals on or after 2nd July 1986.
2
The repeal of sections 124 and 125 of the Capital Gains Tax Act 1979 has effect in accordance with section 69(1) of this Act.
3
The repeal of section 151 of the Capital Gains Tax Act 1979 has effect with respect to gifts or other transactions occurring after 19th March 1985.
4
The repeals in the Finance Act 1982, the Finance Act 1983, the Finance (No. 2) Act 1983 and Schedule 9 to the Finance Act 1984 have effect—
- (a) in the case of securities within the meaning of Chapter IV of Part II of this Act (other than those mentioned in paragraph (b) below), with respect to disposals on or after 28th February 1986, and
- (b) in the case of gilt-edged securities as defined in Schedule 2 to the Capital Gains Tax Act 1979 and qualifying corporate bonds as defined in section 64 of the Finance Act 1984, with respect to disposals on or after 2nd July 1986, and
- (c) in any other case, with repsect to disposals made on or after 6th April 1985 or, in the case of disposals by companies, 1st April 1985.
(1) Gifts Inter Vivos
(2) Fixed Duties
(3) Contract Notes
(4) Exchange Rates
(5) Finance Act 1931
1
The repeals in the Finance Act 1974, the Finance Act 1976, the Capital Gains Tax Act 1979 and section 99(3) of the Finance Act 1984—
2
The other repeals in this Part and the repeal of section 114 of and paragraph 6 of Schedule 7 to the Capital Gains Tax Act 1979 do not have effect in relation to a disposal, as defined n section 93(1) of this Act, which takes place before 19th March 1985.
Editorial notes
[^c10029271]: ss. 1-3, 5-7, 10, 98(1)(6), Schs. 1, 3, 4, 27 Pt. I from Gp 40:1(Customs and Excise), ss. 11-33, 98(1)(6), Schs. 6-8, 27 Pt. IV from Gp 40:2(Customs and Excise), ss. 4, 9, 98(1)(6), Schs. 2, 27 Pt. II from Gp 107:2(Road Traffic), ss. 8, 10(5)-(7), 98(1)(6), Schs. 5, 27 Pt. III from Gp 12:2(Betting, Gaming and Lotteries), ss.34-66, 73-77, 90-92, 93, 96, 98(1)-(3)(5)(6), Schs. 9-18, 22, 23, 25, 27 Pts. V, VI, VIII, X from Gp 63:1(Income, Corporation and Capital Gains Taxes), ss. 67-72, 95, 98(1)-(3)(6), Schs 19-21, 27 Pt. VII from Gp 63:2(Income, Corporation and Capital Gains Taxes), ss. 78-89, 98(1)(4)(6), Schs. 24, 27 Pt. IX from Gp 114(Stamp duty), ss. 94, 95, 98(1)(6), Schs. 26, 27 Pt. XI from Gp 65(Inheritance Tax), ss. 97, 98(1) from Gp 99:7(Public Finance and Economic Controls)
[^c10029281]: Act partly in force at Royal Assent, partly prospective, partly retrospective, see individual sections. All provisions so far as unrepealed wholly in force at 1.2.1991. Some provisions came into force at specific times of the day.
[^c10029291]: General amendments to Tax Acts, Income Tax Acts, and/or Corporation Tax Acts made by legislation after 1.2.1991 are noted against Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1) but not against each Act
[^c10029301]: 1979 c. 4.
[^c10029311]: S. 2 repealed by Finance Act 1986 (c. 41, SIF 40:1), s. 114, Sch. 23 Pt. I
[^c10029321]: 1979 c. 5.
[^c10029381]: S. 4(1)-(3)(5)-(8) repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
[^c10029411]: S. 4(4) repealed (3.5.1994 with effect in relation to licences taken out after 30.11.1993) by 1994 c. 9, s. 258, Sch. 26 Pt. I
[^c10029461]: 1979 c. 4.
[^c10029471]: 1979 c. 4.
[^c10029481]: Power of appointment conferred by s. 6(2) fully exercised: 29.10.1985 appointed by S.I. 1985/1622, art. 2
[^c10029491]: Power of appointment conferred by s. 7(2) fully exercised: 15.10.1985 appointed by S.I. 1985/1451, art. 2
[^c10029501]: 1981 c. 63
[^c10029511]: 1972 c. 11 (N.I.).
[^c10029531]: S. 9 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
[^c10029781]: Words in s. 10(1)(3)(5) substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 11(1)-(4) (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2
[^c10029801]: Words in s. 10(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV
[^c10029821]: 1972 c. 11 (N.I.)
[^c10029831]: 1979 c. 2.
[^c10029841]: 1979 c. 3.
[^c10029851]: 1981 c. 63.
[^c10029871]: S. 10(7) repealed (31.1.1997) by 1995 c. 38, s. 15(1)(2), Sch. 1 para. 11(5), Sch. 2 (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2
[^c10029881]: 1979 c. 2
[^c10029901]: S. 11 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10029921]: S. 12 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10030141]: S. 13 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10030161]: S. 13A repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10030811]: S. 14 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10030881]: S. 14A repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10030901]: S. 14B repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10031391]: S. 15 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15 (and subject to amendment by 1995 c. 4, s. 32(2)-(4))
[^c10031411]: S. 15A repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10031421]: S. 16 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10031631]: S. 17 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10031651]: S. 17A repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032371]: S. 18 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032611]: S. 19 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032721]: S. 20 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032861]: S. 21 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032921]: S. 22 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23 ss. 100(2), Sch. 15
[^c10032931]: S. 23 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032941]: S. 24 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032961]: S. 25 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10032991]: S. 26 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033011]: S. 27 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033021]: S. 28 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033051]: S. 29 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033071]: S. 30 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033081]: S. 31 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033091]: S. 32 repealed by Finance Act 1990 (c. 29, SIF 40:2), s. 132, Sch. 19 Pt. III Note 1 and is expressed to be repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10033151]: S. 33 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10029891]: Pt. I Chapter II (ss. 11-13) modified by Finance Act 1988 (c. 39, SIF 40:2), s. 21(a)
[^c10033161]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10033181]: S. 50 repealed (1.5.1995 with effect as mentioned in Sch. 29 Pt. VIII(16) Note 5of the amending Act) by 1995 c. 4, s. 162, Sch. 29 Pt. VIII(16)
[^c10033191]: Ss. 51–53 repealed by Income and Corporation Taxes Act 1988 (c.1, SIF 1), s. 844, Sch. 31
[^c18609001]: S. 54 repealed by Income and Corporation Taxes Act 1988 (c.1), s. 844, Sch. 31 (with saving in Sch. 30 para. 20)
[^c10033201]: 1972 c. 41.
[^c10033211]: Ss. 55–59, 61–66 and Schs. 14–17 repealed by Capital Allowance Act 1990 (c. 1), s. 164(4)(5), Sch. 2
[^c10033221]: Ss. 51–53 repealed by Income and Corporation Taxes Act 1988 (c.1, SIF 1), s. 844, Sch. 31
[^c10033231]: Ss. 55–59, 61–66 and Schs. 14–17 repealed by Capital Allowance Act 1990 (c. 1), s. 164(4)(5), Sch. 2
[^c10033281]: S. 67 repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10033521]: S. 68 repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10033591]: S. 69 repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10033771]: S. 70 repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 20, 26(2), 27)
[^c10033791]: S. 71 repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10033931]: S. 72 repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10033941]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10033951]: Ss. 78, 79 and 80 repealed by Finance Act 1986 (c. 41, SIF 114), ss. 73, 74(1)(c)(3), 114, Sch. 23 Pt. IX(1) Note 1
[^c22516451]: S. 81(2) substituted (with effect in accordance with s. 112(6) of the amending Act) by Finance Act 1999 (c. 16) ss. 112(4), 122, {Sch. 14 para. 8}
[^c22516471]: Words in s. 81(3) substituted (with effect in accordance with s. 112(6) of the amending Act) by Finance Act 1999 (c. 16) ss. 112(4), 122, {Sch. 14 para. 8}
[^c22514011]: Words in s. 81substituted (6.4.1992) by 1992 (c. 12), s. 290, {Sch. 10 para. 9}
[^c10034031]: 1910 c. 8.
[^c10034041]: 1965 c. 25.
[^c10034051]: 1965 c. 16 (N.I.)
[^c10034061]: 1983 c. 49.
[^c10034071]: 1891 c. 39.
[^c10034081]: Ss. 82(5), 84(9) restricted by S.I. 1987/516, reg. 5
[^c10034091]: Words in s. 82(5) substituted (27.7.1999 with effect in relation to instruments executed on or after 1.10.1999) by 1999 c. 16, s. 112(4)(6), Sch. 14 para. 9
[^c10034121]: Words in s. 83(1) substituted (27.7.1999 with effect in relation to instruments executed on or after 1.10.1999) by 1999 c. 16, s. 112(4)(6), Sch. 14 para. 10(a)
[^c10034131]: Ss. 83(2), 84(8) excluded by S.I. 1987/516, reg. 2(1)(2)(b)
[^c10034141]: Word in s. 83(2) substituted (27.7.1999 with effect in relation to instruments executed on or after 1.10.1999) by 1999 c. 16, s. 112(4)(6), Sch. 14 para. 10(b)
[^c10034251]: Words in s. 84(1) substituted (27.7.1999 with effect in relation to instruments executed on or after 1.10.1999) by 1999 c. 16, s. 112(4)(6), Sch. 14 para. 11(a)
[^c10034261]: 1952 c. 64.
[^c10034271]: 1964 c. 41.
[^c10034281]: Ss. 83(2), 84(8) excluded by S.I. 1987/516, reg. 2(1)(2)(b)
[^c10034291]: Word in s. 84(8) substituted (27.7.1999 with effect in relation to instruments executed on or after 1.10.1999) by 1999 c. 16, s. 112(4)(6), Sch. 14 para. 11(b)
[^c10034301]: Ss. 82(5), 84(9) restricted by S.I. 1987/516, reg. 5
[^c10034311]: 1891 c. 39.
[^c10034321]: 1907 c. 13.
[^c10034331]: 1891 c. 39.
[^c10034341]: 1910 c. 8.
[^c10034351]: 1899 c. 9.
[^c10034361]: 1891 c. 39.
[^c10034391]: 1931 c. 28.
[^c10034401]: Words in s. 89(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1, Pt.XIV
[^c10034411]: 1975 c. 22.
[^c10034421]: Part of the text of ss. 67(2), 72(6), 90(3)-(5), 91(1) and (3), 92(2)(4), 96(1), Sch. 19 paras. 1(2)(3), 2(2), 3(3), 5(5)( a ), 20(2), Sch. 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
[^c10034441]: 1975 c. 22.
[^c10034461]: Part of the text of ss. 67(2), 72(6), 90(3)-(5), 91(1) and (3), 92(2)(4), 96(1), Sch. 19 paras. 1(2)(3), 2(2), 3(3), 5(5)( a ), 20(2), Sch. 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
[^c10034471]: 1975 c. 22.
[^c10034491]: 1983 c. 56.
[^c10034501]: Part of the text of ss. 67(2), 72(6), 90(3)-(5), 91(1) and (3), 92(2)(4), 96(1), Sch. 19 paras. 1(2)(3), 2(2), 3(3), 5(5)( a ), 20(2), Sch. 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
[^c10034521]: 1983 c. 56.
[^c10034531]: 1976 c. 24.
[^c10034541]: 1974 c. 30.
[^c10034571]: 1984 C. 51
[^c10034581]: S. 95(1)(b) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10034591]: Part of the text of ss. 67(2), 72(6), 90(3)-(5), 91(1) and (3), 92(2)(4), 96(1), Sch. 19 paras. 1(2)(3), 2(2), 3(3), 5(5)( a ), 20(2), Sch. 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
[^c10034601]: 1984 c. 43.
[^c10034611]: S.I. 1972/1589.
[^c10034621]: 1968 c. 2.
[^c10034631]: Income and Corporation Taxes Act 1988 Sch. 29 para. 32
[^c10034641]: 1979 c. 14.
[^c10034651]: 1975 c. 22.
[^c10034681]: Sch. 2 Pt. I para. 1 repealed (25.7.1991) by Finance Act 1991 (c. 31, SIF 107:2), s. 123, Sch. 19 Pt.III, Note 4 with effect in relation to licences taken out after 20.3.1991
[^c10034691]: Sch. 2 Pt. I para. 2 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
[^c10034701]: Sch. 2 paras. 3, 4 and 9 repealed by Finance Act 1990 (c. 29, SIF 107:2), s. 132, Sch. 19 Pt. II (in relation to licences taken out after 20.3.1990)
[^c10034711]: Sch. 2 Pt. I para. 5 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
[^c10034661]: 1971 c. 10.
[^c10034671]: 1972 c. 10. (N.I.)
[^c10034731]: Sch. 2 para. 6 repealed (with effect in relation to licenses taken out after 16.3.1993) by 1993 c. 34, s. 213, Sch. 23 Pt.I
[^c10034741]: Sch. 2 para. 7 repealed (8.11.1993) by S.I. 1993/2452, art. 3, Sch.2
[^c10034751]: Sch. 2 Pt. II para. 8 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
[^c10034761]: Sch. 2 paras. 3, 4 and 9 repealed by Finance Act 1990 (c. 29, SIF 107:2), s. 132, Sch. 19 Pt. II (in relation to licences taken out after 20.3.1990)
[^c10034721]: 1971 c. 10
[^c10034781]: Sch. 3 para. 3 repealed (1.5.1993 for specified purposes and 1.6.1993 otherwise) by Finance Act 1991 (c. 31, SIF 40:1), ss. 7, 123, Sch. 19 Pt. II; S.I. 1993/1152, art. 2, Sch. 1 (with arts. 3-7)
[^c10034801]: Sch. 3 para. 4 repealed (1.5.1993 for specified purposes and 1.6.1993 otherwise) by Finance Act 1991 (c. 31, SIF 40:1) ss. 7, 123, Sch. 19 Pt. II; S.I. 1993/1152, art. 2, Sch. 1 (with arts. 3-7)
[^c10034771]: 1979 c. 4.
[^c10034821]: 1979 c. 5.
[^c10034841]: Sch. 5 para. 1(2) repealed by Finance Act 1987 (c. 16, SIF12:2), s. 72(7), Sch. 16 Pt. II Note 3
[^c10034851]: Sch. 5 Pt. I para. 2 repealed (3.5.1994 with effect as mentioned in Schedule 3 to the amending Act) by 1994 c. 9, ss. 6, 258, Sch. 3, Sch. 26 Pt. II
[^c10034861]: Sch. 5 Pt I para. 3(1) repealed (3.5.1994 with effect as mentioned in Schedule 3 to the amending Act) by 1994 c. 9, ss. 6, 258, Sch. 3, Sch. 26 Pt. II
[^c10034871]: Sch. 5 para. 8 repealed by Finance Act 1986 (c. 41, SIF 12:2), s. 114(6), Sch. 23 Pt. III Notes (a)(b)
[^c10034891]: Sch. 5 Pt. I para. 9(1) repealed (3.5.1994 with effect as mentioned in Schedule 3 to the amending Act) by 1994 c. 9, ss. 6, 258, Sch. 3, Sch. 26 Pt. II
[^c10034901]: Sch. 5 Pt. I para. 9(2) repealed (1.1.1995) by 1994 c. 9, ss. 19, 258, Sch. 26 Pt. III, Note (with s. 19(3)); S.I. 1994/2679, art. 3
[^c10034831]: 1981 c. 63.
[^c10034911]: 1981 c. 63.
[^c10034921]: Sch. 6 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10034931]: Sch. 7 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10034951]: Sch. 8 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10034971]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10034981]: Schs. 14–17 repealed by Capital Allowances Act 1990 (c.1, SIF 63:1), s. 164(4), Sch. 2
[^c10034991]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10035061]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035091]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035111]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035121]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12). ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035151]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12) ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035021]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035191]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035231]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035161]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035291]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035311]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035321]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035341]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035361]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035381]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch.11 paras. 22, 26(2), 27)
[^c10035401]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1(2), 290, sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035421]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035251]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035461]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035491]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035521]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035541]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035581]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035601]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035551]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035641]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035681]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035611]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035001]: Sch. 19 (paras. 1-23) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035751]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035771]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035781]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) bt Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035791]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035701]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035831]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035841]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), SCh. 11 paras. 22, 26(2), 27)
[^c10035851]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035871]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035881]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035891]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with efffect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035911]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s.289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035931]: Sch. 20 (paras. 1-16) repealed (6.3.192 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036051]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of th 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036061]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains ACt 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), SCh. 11 paras. 22, 26(2), 27)
[^c10036131]: Sch. 20 (paras. 1-16) repealed (6.3.1992) with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036221]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035801]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10035691]: Sch. 20 (paras. 1-16) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036241]: Sch. 21 (paras. 1-4) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch.12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036251]: Sch. 21 (paras. 1-4) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036261]: Sch. 21 (paras. 1-4) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036271]: Sch. 21 (paras. 1-4) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036231]: Sch. 21 (paras. 1-4) repealed (6.3.1992 with effect as mentioned in s. 289(1) of the 1992 repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1)(2), 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 22, 26(2), 27)
[^c10036281]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10036291]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10036301]: 1976 c. 24.
[^c10036311]: 1970 c. 9.
[^c10036321]: 1976 c. 24.
[^c10036331]: 1980 c. 48.
[^c10036341]: Ss. 34–49, 73–77, Schs. 9–13, 18, 22, 23, 25 paras. 7–9 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
[^c10036351]: 1981 c. 35.
[^c10036361]: 1984 c. 51.
[^c10036381]: Sch. 26 para. 14 repealed (1.9.1994 with effect as mentioned in s. 101(1) of the amending Act) by 1994 c. 23, ss. 100(2), Sch. 15
[^c10036391]: Part of the text of ss. 67(2), 72(6), 90(3)-(5), 91(1) and (3), 92(2)(4), 96(1), Sch. 19 paras. 1(2)(3), 2(2), 3(3), 5(5)( a ), 20(2), Sch. 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
[^c10034941]: Sch. 7 para. 1(1) repealed by Finance Act 1988 (c. 39, SIF 40:2), s. 148, Sch. 14 Pt. III
[^c10034961]: 1971 c. 23.
[^key-0b98db896864bcc684f300a7f373296f]: S. 10(6)(h) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 5
Chargeable periods relevant to limit on tax payable and expenditure supplement.
Qualifying asset; exclusion of land and certain buildings etc.
Abolition of development land tax and tax on development gains.
These repeals apply in relation to licences taken out after 19th March 1985.