Finance Act 1986
PART I — Customs and Excise and Value Added Tax
Chapter I — Customs and Excise
The rates of duty
Section 99(4B): “listed” and “recognised growth market”
1
- (1) For the Table in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted—
| 1. | Cigarettes | An amount equal to 21 per cent. of the retail price plus £30·61 per thousand cigarettes. |
|---|---|---|
| 2. | Cigars | £47·05 per kilogram. |
| 3. | Hand-rolling tobacco | £49·64 per kilogram. |
| 4. | Other smoking tobacco and chewing tobacco | £24·95 per kilogram. |
- (2) This section shall be deemed to have come into force on 21st March 1986.
Capital transfer tax to be known as inheritance tax.
2
- (1) In section 6(1) of the Hydrocarbon Oil Duties Act 1979 for “£0·1794” (light oil) and “£0·1515” (heavy oil) there shall be substituted “£0·1938” and “£0·1639” respectively.
- (2) In subsection (1) of section 11 of that Act (rebate on heavy oil) for paragraphs (a) and (b) there shall be substituted—
(a) in the case of fuel oil, of £0·0077 a litre less than the rate at which the duty is for the time being chargeable; (b) in the case of gas oil, of £0·0110 a litre less than the rate at which the duty is for the time being chargeable; and (c) in the case of heavy oil other than fuel oil and gas oil, equal to the rate at which the duty is for the time being chargeable.
- (3) For subsection (2) of section 11 of that Act (definition of types of heavy oil), there shall be substituted—
(2) In this section— - “fuel oil” means heavy oil which contains in solution an amount of asphaltenes of not less than 0·5 per cent. or which contains less than 0·5 per cent. but not less than 0·1 per cent. of asphaltenes and has a closed flash point not exceeding 150½C; and - “gas oil” means heavy oil of which not more than 50 per cent. by volume distils at a temperature not exceeding 240½C and of which more than 50 per cent. by volume distils at a temperature not exceeding 340½C.
- (4) This section shall be deemed to have come into force at 6 o’oclock in the evening of 18th March 1986.
Vehicles excise duty
3
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions
Beer duty: minor amendments
4
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) After section 49 of the Alcoholic Liquor Duties Act 1979 there shall be inserted the following section—
(49) (1) For the purpose of any claim for drawback by a brewer for sale in respect of duty charged on beer, duty which has been determined in accordance with regulations under section 49(1)(bb) above shall be deemed to be duty which has been paid (whether or not it is in fact paid by the time the claim is made). (2) Subject to such conditions as the Commissioners see fit to impose, drawback allowable to a brewer for sale in respect of beer may be set against any amount to which the brewer is chargeable under section 38 above and, in relation to a brewer for sale, any reference in this Act or the Management Act to drawback payable shall be construed accordingly.
Warehousing regulations
5
Schedule 3 to this Act (which contains amendments about warehousing regulations) shall have effect.
Betting duties and bingo duty in Northern Ireland
6
- (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 4 to this Act, being amendments designed to extend to Northern Ireland—
- (a) the provisions of the 1981 Act relating to general betting duty and pool betting duty (in place of the provisions of Part III of the Miscellaneous Tranferred Excise Duties Act (Northern Ireland) 1972 relating to those duties); and
- (b) the provisions of the 1981 Act relating to bingo duty.
- (2) Part II of Schedule 4 to this Act shall have effect for the purpose of making consequential amendments of certain Northern Ireland legislation; and Part III of that Schedule shall have effect for the purpose of extending to Northern Ireland certain subordinate legislation made under the 1981 Act.
- (3) Schedule 4 to this Act,—
- (a) so far as it relates to general betting duty or pool betting duty, shall come into force on the betting commencement date, but shall not have effect in relation to duty in respect of bets made before that date; and
- (b) so far as it relates to bingo duty, shall come into force on the bingo commencement date, but shall not impose any charge to duty in respect of bingo played in Northern Ireland before that date.
- (4) Part III of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 shall cease to have effect on the betting commencement date except in relation to duty in respect of bets made before that date.
- (5) In this section and Schedule 4 to this Act—
- “the betting commencement date” means 29th September 1986 or, if later, the day appointed for the coming into operation of Part II (betting) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985; and
- “the bingo commencement date” means 29th September 1986 or, if later, the day appointed for the coming into operation of Chapter II of Part III (gaming on bingo club premises) of that Order.
Betting and gaming duties: evidence by certificate, etc.
7
After section 29 of the Betting and Gaming Duties Act 1981 there shall be inserted the following section—
(29A) (1) A certificate of the Commissioners— (a) that any notice required by or under this Act to be given to them had or had not been given at any date, or (b) that any permit, licence or authority required by or under this Act had or had not been issued at any date, or (c) that any return required by or under this Act had not been made at any date, or (d) that any duty shown as due in any return or estimate made in pursuance of this Act had not been paid at any date, shall be sufficient evidence of that fact until the contrary is proved. (2) A photograph of any document furnished to the Commissioners for the purposes of this Act and certified by them to be such a photograph shall be admissible in any proceedings, whether civil or criminal, to the same extent as the document itself. (3) Any document purporting to be a certificate under subsection (1) or (2) above shall be deemed to be such a certificate until the contrary is proved.
Licences under the customs and excise Acts
8
- (1) No excise licence duty shall be chargeable on the grant after 18th March 1986 of an excise licence under any of the provisions of the Alcoholic Liquor Duties Act 1979 (licensing of various activities relating to the production of alcoholic liqour) or under section 2 of the Matches and Mechanical Lighters Duties Act 1979 (licensing of manufacture of matches).
- (2) The following enactments shall cease to have effect—
- (a) sections 12(2), 18(3), . . . and 75(3) of the Alcoholic Liquor Duties Act 1979 and section 2(2) of the Matches and Mechanical Lighters Duties Act 1979 (which provide for certain excise licences, the duty on which is abolished by subsection (1) above, to expire on a specific date in each year); and
- (b) section 81 of the Alcoholic Liquor Duties Act 1979 (under which a licence is required for the leeping or using of a still by any person otherwise than as a distiller, rectifier or compounder).
- (3) The holder of a licence under any of the enactments specified in subsection (5) below may suurender the licence to the Commissioners of Customs and Excise at any time.
- (4) The Commissioners of Customs and Excise may at any time revoke a licence granted in respect of any premises under any of the enactments specified in subsection (5) below if it appears to them that the holder of the licence has ceased to carry on at those premises the activity in respect of which the licence was granted.
- (5) The enactments referred to in subsections (3) and (4) above are—
- (a) section 12 of the Alcoholic Liquor Duties Act 1979 (distillers),
- (b) section 18 of that Act (rectifiers),
- (c) section 47 of that Act (brewers),
- (d) section 48 of that Act (persons using premises for adding solutions to beer),
- (e) section 54 of that Act (wine producers),
- (f) section 55 of that Act (made-wine producers), and
- (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) Schedule 5 to this Act shall have effect for the purpose of supplementing the provisions of this section.
Chapter II — Value Added Tax
Fuel for private use
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Registration of two or more persons as one taxable person
10
Long-stay accommodation
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Conditions for zero-rating of goods exported etc.
12
Transfer of import relief
13
Penalty for tax evasion: liability of directors etc.
14
Breaches of Treasury orders etc.
15
Part II — Income Tax, Corporation Tax and Capital Gains Tax
Chapter I — General
Tax rates and main reliefs
Charge of income tax for 1986-87
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Rate of advance corporation tax
17
- (1) For the financial year 1986 and any subsequent financial year, the rate of advance corporation tax shall be fixed by the fraction—
$$I100−I$ where I is the percentage at which income tax at the basic rate is charged for the year of assessment which begins on 6th April in that financial year; and in the following provisions of this section that percentage is referred to, in relation to a particular financial year, as "the basic rate percentage for the appropriate year of assessment".$
- (2) If, at the beginning of any financial year, the basic rate percentage for the appropriate year of assessment has not been determined (whether under the Provisional Collection of Taxes Act 1968 or otherwise), then, subject to subsection (3) below, advance corporation tax in respect of distributions made in that financial year shall be payable under Schedule 14 to the Finance Act 1972 and may be assessed under that Schedule according to the rate of advance corporation tax fixed for the previous financial year.
- (3) Subsection (2) above does not apply with respect to any distribution made in a financial year after—
- (a) the date on which is determined the basic rate percentage for the appropriate year of assessment; or
- (b) 5th August in that year,
whichever is the earlier.
- (4) If a rate of advance corporation tax for any financial year is not fixed, under subsection (1) above or any other enactment, or if advance corporation tax for any financial year is charged otherwise than as it has been paid or assessed, the necessary adjustment shall be made by discharge or repayment of tax or by a further assessment.
- (5) In subsection (2) of section 84 of the Finance Act 1972 (the rate of advance corporation tax) for the words from "for the period" onwards there shall be substituted "for the financial year 1986 and subsequent financial years shall be determined in accordance with section 17 of the Finance Act 1986".
- (6) In section 103 of the Finance Act 1972 (charge of advance corporation tax at previous rate until new rate is fixed and change of rate) subsections (1) to (3) shall cease to have effect.
- (7) Section 37(2) of the Finance Act 1974 (tax on company in liquidation to be based on Resolution fixing the rate of advance corporation tax) shall cease to have effect.
Corporation tax: small companies
18
- (1) For the financial year 1986 the small companies rate shall be 29 per cent.
- (2) For the financial year 1986, the fraction mentioned in section 95(2) of the Finance Act 1972 (marginal relief for small companies) shall be three two-hundreths.
Personal reliefs: operative date for PAYE
19
For the year 1986-87, in subsection (7) of section 24 of the Finance Act 1980 (which specifies the date from which indexed changes in income tax thresholds and allowances are to be brought into account for the purposes of PAYE) for "5th May" there shall be substituted "18th May".
Relief for interest
20
For the year 1986-87 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.
Deduction rate for sub-contractors in construction industry
21
Section 69(4) of the Finance (No. 2) Act 1975 (which requires deductions to be made from payments to certain subcontractors in the construction industry) shall have effect in relation to payments made on or after 6th November 1986 with the substitution for the words "30 per cent." of the words "29 per cent.".
Employee shareholding
Employee share schemes: shares subject to restrictions
22
- (1) In Schedule 9 to the Finance Act 1978 (approved profit snaring schemes) in paragraph 7 (conditions as to the shares)—
- (a) in paragraph (c) after the word "class" there shall be added the words "or a restriction authorised by subparagraph (2) below"; and
- (b) at the end there shall be added the sub-paragraphs set out in subsection (4) below followed by the additional sub-paragraph set out in subsection (5) below.
- (2) In Schedule 10 to the Finance Act 1980 (savings-related share option schemes) in paragraph 17 (conditions as to the scheme shares)—
- (a) in paragraph (c) after the word "class" there shall be added the words "or a restriction authorised by subparagraph (2) below"; and
- (b) at the end there shall be added the sub-paragraphs set out in subsection (4) below.
- (3) In Schedule 10 to the Finance Act 1984 (approved share option schemes) in paragraph 9 (conditions as to scheme shares)
- (a) in paragraph (c) after the word "class" there shall be added the words "or a restriction authorised by subparagraph (2) below"; and
- (b) at the end there shall be added the sub-paragraphs set out in subsection (4) below.
- (4) The sub-paragraphs referred to in subsections (1)(b), (2)(b) and (3)(b) above are—
(2) Except as provided below, the shares may be subject to a restriction imposed by the company's articles of association (a) requiring all shares held by directors or employees of the company or of any other company of which it has control to be disposed of on ceasing to be so held; and (b) requiring all shares acquired, in pursuance of rights or interests obtained by such directors or employees, by persons who are not (or have ceased to be) such directors or employees to be disposed of when they are acquired. (3) A restriction is not authorised by sub-paragraph (2) above unless— (a) any disposal required by the restriction will be by way of sale for a consideration in money on terms specified in the articles of association; and (b) the articles also contain general provisions by virtue of which any person disposing of shares of the same class (whether or not held or acquired as mentioned in sub-paragraph (2) above) may be required to sell them on terms which are the same as those mentioned in paragraph (a) above.
- (5) The additional sub-paragraph referred to in subsection (1)(b) above is—
(4) Except in the case of redeemable shares in a workers' co-operative, nothing in sub-paragraph (2) above authorises a restriction which would require a person, before the release date, to dispose of his beneficial interest in shares the ownership of which has not been transferred to him.
Employee share schemes: general amendments
23
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Approved profit sharing schemes: workers' co-operatives
24
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) Where, for the purpose of securing (and maintaining) approval of its profit sharing scheme in accordance with Part I of Schedule 9 to the Finance Act 1978, the rules of a society which is a workers’ co-operative or which is seeking to be registered under the industrial and provident societies legislation as a workers’ co-operative contain—
- (a) provision for membership of the society by the trustees of the scheme,
- (b) provision denying voting rights to those trustees, or
- (c) other provisions which appear to the registrar to be reasonably necessary for that purpose,
those provisions shall be disregarded in determining whether the society should be or continue to be registered under the industrial and provident societies legislation as a bona fide co-operative society.
- (5) In subsection (4) above “the industrial and provident societies legislation” means—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) the Industrial and Provident Societies Act (Northern Ireland) 1969,
and “registrar” has the same meaning as in that Act and “co-operative society” has the same meaning as in section 1 of that Act.
Savings-related share option schemes
25
Shares and rights to acquire shares obtained by directors and employees
26
- (1) In section 186 of the Taxes Act (directors and employees granted rights to acquire shares), after subsection (5) there shall be inserted the following subsections—
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