Finance Act 2008

• (i) in section 47(5), “which shall be calculated by reference to the amount of duty charged on the beer produced”,

• (ii) in section 54(5), “which shall be calculated by reference to the amount of duty charged on the wine produced”,

• (iii) in section 55(6), “which shall be calculated by reference to the amount of duty charged on the made-wine produced”, and

• (iv) in section 62(4), “which shall be calculated by reference to the amount of duty charged on the cider made”,

• (d) in HODA 1979—

• (i) section 13AD(4)(a) and (b), and

• (ii) section 14F(4)(a) and (b),

• (e) in FA 1994—

• (i) section 33(6),

• (ii) paragraph 13 of Schedule 4, and

• (iii) paragraph 14 of Schedule 7,

• (f) section 67 of VATA 1994,

• (g) section 32 of FA 1995,

• (h) in FA 1996—

• (i) section 37, and

• (ii) paragraph 21(1), (2) and (4) of Schedule 5,

• (i) section 27(11) of FA 1997,

• (j) paragraph 2(3) and (4) of Schedule 18 to FA 1998,

• (k) in FA 2000—

• (i) section 136(2), and

• (ii) paragraph 55(2) to (6) of Schedule 6, and

• (l) paragraph 1(2) to (6) of Schedule 4 to FA 2001.

SCHEDULE 42

1

Schedule 5 to FA 1994 (customs and excise decisions subject to review and appeal) is amended as follows.

2

• (1) Sub-paragraph (1) of paragraph 3 (decisions under or for the purposes of ALDA 1979) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After paragraph (k) insert—

(ka) any decision by the Commissioners as to whether or not to remit or repay duty under section 46 of the Alcoholic Liquor Duties Act 1979 (remission or repayment of duty on spoilt beer) or the amount of duty to be so remitted or repaid;

.

• (4) After paragraph (m) insert—

(ma) any decision by the Commissioners as to whether or not to remit or repay duty under section 61 of the Alcoholic Liquor Duties Act 1979 (remission or repayment of duty on spoilt wine or made-wine) or the amount of duty to be so remitted or repaid; (mb) any decision by the Commissioners as to whether or not to remit or repay duty under section 64 of the Alcoholic Liquor Duties Act 1979 (remission or repayment of duty on spoilt cider) or the amount of duty to be so remitted or repaid;

.

3

• (1) Sub-paragraph (2) of paragraph 3 (decisions under regulations under section 13 or 77 of ALDA 1979) is amended as follows.

• (2) After “a decision” insert

— (a)

.

• (3) Insert at the end

; or (b) as to whether or not a person is to be required to give security for the fulfilment of an obligation or as to the form or amount of, or the conditions of, any such security.

4

After sub-paragraph (2) of paragraph 3 insert—

(2A) Any decision which is made under or for the purposes of any regulations under section 15 of the Alcoholic Liquor Duties Act 1979 (distillers' warehouses) and is a decision as to whether or not a person is to be required to give security for the fulfilment of an obligation or as to the form or amount of, or the conditions of, any such security. (2B) Any decision which is made under or for the purposes of section 41A or 47, or any regulations under section 49, of the Alcoholic Liquor Duties Act 1979 (regulation of the making of beer) and is a decision— (a) as to whether or not to register a person or premises under section 41A or 47; (b) as to the conditions subject to which a person is, or premises are, so registered; (c) as to the revocation of such a registration; (d) as to whether or not a person is to be required to give security for the fulfilment of an obligation or as to the form or amount of, or the conditions of, any such security; or (e) as to whether or not to restrict or prohibit the movement of beer from one place to another without payment of duty.

5

• (1) Sub-paragraph (3) of paragraph 3 (decisions under section 55, and regulations under section 56, of ALDA 1979) is amended as follows.

• (2) For “section 55” substitute “ section 54 or 55 ”.

• (3) After “a decision” insert

— (a)

.

• (4) For “that section” substitute “ section 54 or 55 ”.

• (5) Insert at the end—

(b) as to whether or not a person is to be required to give security for the fulfilment of an obligation or as to the form or amount of, or the conditions of, any such security; or (c) as to the conditions subject to which, or the purposes for which, wine or made-wine may be moved from one place to another without payment of duty.

6

After sub-paragraph (3) of paragraph 3 insert—

(3A) Any decision which is made under or for the purposes of section 62 of the Alcoholic Liquor Duties Act 1979 (regulation of the making of cider), or any regulations under that section, and is a decision— (a) as to whether or not to register, or to cancel the registration of, a maker of cider; (b) as to whether or not a person is to be required to give security for the fulfilment of an obligation or as to the form or amount of, or the conditions of, any such security; or (c) as to the conditions subject to which, or the purposes for which, cider may be moved from one place to another without payment of duty.

7

After paragraph 9 insert—

(9ZA) Any decision by the Commissioners— (a) on a claim under section 4 of the Finance Act 1995 for repayment of duty (alcoholic ingredients relief); or (b) as to whether or not to remit duty under that section.

SCHEDULE 43

Part 1 — Consequential provision: taking control of goods

TMA 1970

1

• (1) Section 61 of TMA 1970 (distraint by collection) is amended as follows.

• (2) In subsection (1), omit the words from “(a) in England and Wales” to “in Northern Ireland,”.

• (3) Omit subsection (1A).

• (4) Insert at the end—

(7) This section extends only to Northern Ireland.

Social Security Administration Act 1992 (c. 5)

2

In the Social Security Administration Act 1992, omit section 121A (recovery of contributions etc in England and Wales).

FA 1994

3

• (1) FA 1994 is amended as follows.

• (2) Omit section 10A (breaches of controlled goods agreements).

• (3) In Schedule 7 (insurance premium tax), omit paragraph 18A (breaches of controlled goods agreements).

VATA 1994

4

In VATA 1994, omit section 67A (breach of controlled goods agreement).

FA 1996

5

In Schedule 5 to FA 1996 (landfill tax), omit paragraph 23A (controlled goods agreements).

FA 1997

6

In section 51 of FA 1997 (enforcement by distress), omit subsection (A1).

FA 2000

7

In Schedule 6 to FA 2000 (climate change levy), omit paragraph 89A (controlled goods agreements).

FA 2001

8

In Schedule 5 to FA 2001 (aggregates levy: recovery and interest), omit paragraph 14A (controlled goods agreements).

FA 2003

9

In Schedule 12 to FA 2003 (stamp duty land tax: collection and recovery), omit paragraph 1A (recovery of tax in England and Wales).

Tribunals, Courts and Enforcement Act 2007 (c. 15)

10

• (1) Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) is amended as follows.

• (2) Omit paragraph 14(5)(relevant premises where enforcement agent acting under section 121A of Social Security Administration Act 1992).

• (3) In paragraph 19(2) (powers to use reasonable force), for paragraphs (b) to (e) substitute—

(b) section 127 of the Finance Act 2008.

Other repeals

11

In consequence of the preceding provisions of this Schedule, omit—

• (a) paragraph 8 of Schedule 5 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2),

• (b) paragraph 6 of Schedule 11 to the Welfare Reform and Pensions Act 1999 (c. 30),

• (c) section 5(1) of the National Insurance Contributions and Statutory Payments Act 2004 (c. 3), and

• (d) paragraphs 33, 104(2), 114, 116(2), 119, 123, 126(2), 136, 140 and 147(2) of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

Part 2 — Consequential provision: summary warrant

TMA 1970

12

In TMA 1970 omit—

• (a) section 63 (recovery of tax in Scotland), and

• (b) section 63A (sheriff officer's fees and outlays).

Debtors (Scotland) Act 1987 (c. 18)

13

• (1) In section 1 (time to pay directions)—

• (a) in subsection (5)(d), for “in respect of tax or as if it were tax” substitute “ under or by virtue of any enactment or under a contract settlement ”,

• (b) in subsection (5)(f), omit sub-paragraphs (i), (iii) and (iv), and

• (c) after subsection (8) insert—

(8A) In paragraph (d) of subsection (5) above, “contract settlement” means an agreement made in connection with any person's liability to make a payment to the Commissioners for Her Majesty's Revenue and Customs under or by virtue of any enactment.

• (2) In section 5 (time to pay orders)—

• (a) in subsection (4)(d), for “in respect of tax or as if it were tax” substitute “ under or by virtue of any enactment or under a contract settlement ”,

• (b) in subsection (4)(f), omit sub-paragraphs (i), (iii) and (iv), and

• (c) after subsection (8) insert—

(8A) In paragraph (d) of subsection (4) above, “contract settlement” means an agreement made in connection with any person's liability to make a payment to the Commissioners for Her Majesty's Revenue and Customs under or by virtue of any enactment.

• (3) In section 106 (interpretation), in the definition of “summary warrant”—

• (a) omit paragraph (cc),

• (b) in paragraph (d), for “any of the enactments” substitute “ the enactments (other than the Taxes Management Act 1970) ”, and

• (c) after that paragraph insert—

(e) section 128 of the Finance Act 2008.

Social Security Administration Act 1992 (c. 5)

14

In the Social Security Administration Act 1992, omit section 121B (recovery of contributions etc in Scotland).

FA 1997

15

In FA 1997, omit section 52 (recovery of relevant tax in Scotland).

FA 2003

16

In Schedule 12 to FA 2003 (stamp duty land tax: collection and recovery), omit paragraph 3 (recovery of tax in Scotland).

SCHEDULE 44

TMA 1970

1

In section 70 of TMA 1970 (evidence), omit subsections (1) and (2).

OTA 1975

2

In the table in paragraph 2(1) of Schedule 2 to OTA 1975 (management and collection of petroleum revenue tax), omit the entries in respect of section 70(1) and (2) of TMA 1970.

IHTA 1984

3

In section 254 of IHTA 1984 (evidence), omit subsection (2).

Social Security Administration Act 1992 (c. 5)

4

In section 118 of the Social Security Administration Act 1992 (evidence of non-payment), omit subsections (1), (3) and (7).

FA 1994

5

In Schedule 7 to FA 1994 (insurance premium tax), in paragraph 29(1) (evidence by certificate)—

• (a) in paragraph (a), after “Act,” insert “ or ”, and

• (b) omit paragraph (c) (and the “or” before it).

VATA 1994

6

In Schedule 11 to VATA 1994 (administration, collection and enforcement of VAT), in paragraph 14(1) (evidence by certificate), omit paragraph (d) (and the “or” before it).

FA 1996

7

In Schedule 5 to FA 1996 (landfill tax), in paragraph 37(1) (evidence by certificate)—

• (a) in paragraph (a), after “Act,” insert “ or ”, and

• (b) omit paragraph (c) (and the “or” before it).

FA 2000

8

In Schedule 6 to FA 2000 (climate change levy), in paragraph 135(1) (evidence by certificate)—

• (a) in paragraph (a), after “levy,” insert “ or ”, and

• (b) omit paragraphs (c) and (d).

FA 2001

9

In Schedule 7 to FA 2001 (aggregates levy: information and evidence etc), in paragraph 12(1)—

• (a) in paragraph (a), after “registered,” insert “ or ”, and

• (b) omit paragraphs (c) and (d).

FA 2003

10

In Schedule 12 to FA 2003 (stamp duty land tax: collection and recovery of tax), omit paragraph 7 (evidence of unpaid debt) and the heading before it.

Other repeals

11

In consequence of the preceding provisions of this Schedule, omit—

• (a) paragraph 21 of Schedule 19 to FA 1994,

• (b) section 62(1) of the Social Security Act 1998 (c. 14),

• (c) paragraph 32 of Schedule 19 to FA 1998,

• (d) paragraph 7(2) and (6) of Schedule 5 to the Social Security (Transfer of Functions, etc.) Act 1999 (c. 2),

• (e) section 89(3) of FA 2001, and

• (f) paragraph 135(2) of Schedule 6 to ITEPA 2003.

SCHEDULE 45

Introductory

1

VERA 1994 is amended as follows.

Amendments of section 29

2

• (1) Section 29 (offence of using or keeping unlicensed vehicle) is amended as follows.

• (2) In subsection (1), for “on a public road a vehicle (not being an exempt vehicle)” substitute “ a vehicle ”.

• (3) After subsection (2) insert—

(2A) Subsection (1) does not apply to a vehicle if— (a) it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force and a nil licence is in force in respect of the vehicle, or (b) it is an exempt vehicle that is not one in respect of which regulations under this Act require a nil licence to be in force. (2B) Subsection (1) does not apply to a vehicle if— (a) the vehicle is being neither used nor kept on a public road, and (b) the particulars and declaration required to be furnished and made by regulations under section 22(1D) have been furnished and made in accordance with the regulations and the terms of the declaration have at no time been breached. (2C) Subsection (1) does not apply to a vehicle if the vehicle is kept by a motor trader or vehicle tester at business premises. (2D) The Secretary of State may by regulations make provision amending this section for the purpose of providing further exceptions from subsection (1) (or varying or revoking any such further exceptions). (2E) A person accused of an offence under subsection (1) is not entitled to the benefit of an exception from subsection (1) conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

• (4) In subsection (3), for “in respect of the vehicle” substitute “ in respect of using or keeping the vehicle on a public road ”.

• (5) In subsection (7), for “kept (but not used)” substitute “ not being used ”.

Amendment of section 30

3

In section 30(2) (additional penalty for keeper of unlicensed vehicle), for “appropriate to the vehicle” substitute “ chargeable in respect of using or keeping the vehicle on a public road ”.

Amendments of Schedule 2A

4

Schedule 2A (immobilisation, removal and disposal of vehicles) is amended as follows.

5

• (1) Paragraph 1 (immobilisation) is amended as follows.

• (2) In sub-paragraph (1), for “on a public road” substitute “ in any place other than a place to which this Schedule does not apply ”.

• (3) After that sub-paragraph insert—

(1A) This Schedule does not apply to— (a) any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or (b) any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings.

• (4) In sub-paragraph (2)—

• (a) after “direction may” insert “ enter the place and ”, and

• (b) omit “on the same or another public road”.

• (5) For sub-paragraph (6) substitute—

(6) The second requirement is that— (a) evidence that no offence under section 29(1) was being committed when the immobilisation device was fixed or the vehicle moved is produced in accordance with instructions specified in the immobilisation notice, (b) such sum as may be prescribed is paid in any manner specified in the immobilisation notice, or (c) any other prescribed conditions are fulfilled. (6A) The conditions prescribed under sub-paragraph (6)(c) may include a condition that any of the following declarations is made— (a) a declaration that an appropriate licence was in force for the vehicle at the time when the immobilisation device was fixed or the vehicle moved, (b) (unless the vehicle was stationary on a public road) a declaration that a relevant declaration was in force for the vehicle at that time, or (c) a declaration that at that time the vehicle was an exempt vehicle which was not one in respect of which regulations under this Act require a nil licence to be in force.

• (6) Insert at the end—

(9) In sub-paragraph (6A)(a) “appropriate licence”, in relation to a vehicle, means— (a) a vehicle licence, (b) a trade licence which entitled the holder to keep the vehicle where it was stationary, or (c) a nil licence. (10) For the purposes of sub-paragraph (6A)(b)— (a) “relevant declaration” means the declaration required to be made by regulations under section 22(1D), and (b) a relevant declaration is in force for a vehicle if the vehicle is neither used nor kept on a public road (except under a trade licence) and the declaration has been made, and the particulars required to be furnished by regulations under section 22(1D) have been furnished, in relation to the vehicle in accordance within the regulations within the immediately preceding period of 12 months.

6

In paragraph 2(4) (offences connected with immobilisation), for paragraphs (a) and (b) substitute—

(a) a person makes a declaration described in paragraph 1(6A)(a), (b) or (c) with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations, and

.

7

• (1) Paragraph 3 (removal and disposal of vehicles) is amended as follows.

• (2) In sub-paragraph (1)(a)(i), for “on a public road” substitute “ in any place other than a place to which this Schedule does not apply ”.

• (3) In sub-paragraph (2), after “direction, may” insert “ enter the place and ”.

• (4) In sub-paragraph (7), for paragraphs (c) and (d) substitute—

(c) the production of evidence that no offence under section 29(1) was committed; (d) payment of a prescribed sum where such evidence is not produced; (e) the making of a declaration described in paragraph 1(6A)(a), (b) or (c).

8

In paragraph 4(1) (offences as to securing possession of vehicles), for paragraphs (a) and (b) substitute—

(a) a person makes a declaration described in paragraph 1(6A)(a), (b) or (c) with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 3, and

.

SCHEDULE 46

Introduction

1

In this Schedule “regulations” means regulations under section 157.

2

Paragraphs 3 to 14 do not limit the generality of the power conferred by section 157.

Alternative finance arrangements that are to be available

3

• (1) Regulations may make provision about the kind or kinds of alternative finance arrangements that are to be available for raising money.

• (2) That includes provision specifying, or about the specification of, available arrangements (or any aspect of available arrangements).

Terms, conditions and procedures

4

• (1) Regulations may make provision about—

• (a) the terms on which money is to be raised through alternative finance arrangements,

• (b) the conditions subject to which money is to be raised through alternative finance arrangements, and

• (c) the procedures for the raising of money through alternative finance arrangements.

• (2) That includes provision specifying, or about the specification of, terms, conditions or procedures.

Decisions to raise money through alternative finance arrangements

5

• (1) Regulations may make provision about decisions by the Treasury to raise money through alternative finance arrangements.

• (2) Regulations under this paragraph may, in particular, make provision about considerations that may be, must be, or must not be, taken into account in—

• (a) deciding the terms on which to raise money through alternative finance arrangements,

• (b) deciding whether or not to raise money through alternative finance arrangements, or

• (c) deciding what amount of money to raise through alternative finance arrangements.

Involvement of persons other than the Treasury

6

• (1) Regulations may make provision about the involvement of persons other than the Treasury in the raising of money through alternative finance arrangements.

• (2) Regulations under this paragraph may, in particular, make provision for the Treasury to enter into arrangements with other persons.

Ancillary arrangements

7

• (1) Regulations may make provision about ancillary arrangements.

• (2) Regulations under this paragraph may, in particular, make provision about the terms or conditions of ancillary arrangements (including terms or conditions about payments).

• (3) That includes provision specifying, or about the specification of, terms or conditions.

• (4) In this paragraph “ancillary arrangements” means arrangements that are connected with the raising of money through alternative finance arrangements (including arrangements to facilitate or enable money to be raised through alternative finance arrangements).

Property

8

• (1) Regulations may make provision about property to be employed in raising money through alternative finance arrangements.

• (2) That includes provision—

• (a) about selection of property,

• (b) specifying, or about the specification of, property selected,

• (c) about dealings with property, and

• (d) about the holding of property.

• (3) Regulations under sub-paragraph (2)(c) or (d) may, in particular, make provision about the terms on which property is to be dealt with or held (including terms about payments).

• (4) That includes provision specifying, or about the specification of, terms or conditions.

• (5) In this paragraph “property” includes land.

• (6) In this paragraph a reference to a dealing with property includes—

• (a) a transfer of property, and

• (b) the creation or termination of a right, interest or estate in property (including a legal or equitable right, interest or estate).

Powers and duties

9

Regulations may confer powers, or impose duties, on any person (including the Treasury, the Secretary of State or another Minister of the Crown).

Liabilities

10

Regulations may make—

• (a) provision for expenditure and other liabilities to be incurred in connection with raising money through alternative finance arrangements, and

• (b) provision about how expenditure and other liabilities are to be met.

Money raised

11

• (1) Regulations may make provision about the treatment of money raised through alternative finance arrangements.

• (2) That includes provision specifying, or about the specification of, the account or fund into which money is to be paid.

Other legislation

12

• (1) Regulations may make modifications of any enactment.

• (2) Regulations may provide that available alternative finance arrangements are to be treated for the purposes of any enactment—

• (a) as an investment or security of a particular description, or

• (b) as an investment or security listed on a particular stock exchange.

• (3) In this paragraph—

• “available alternative finance arrangements” means alternative finance arrangements of a kind that, under regulations, are available for raising money;

• “enactment” means an enactment contained in an Act or other instrument;

• “modifications” includes amendments, repeals and revocations.

Things to be done otherwise than in regulations

13

• (1) The power under paragraph 3(2), 4(2), 7(3), 8(2)(b) or (4), or 11(2) to make provision about the specification of the matter mentioned there may, in particular, be exercised so as to provide for the Treasury or any other person to specify that matter otherwise than in regulations.

• (2) Regulations may provide for the Treasury or any other person to do anything else otherwise than in regulations.

14

• (1) This paragraph applies if regulations provide for a person to do something otherwise than in regulations.

• (2) Regulations may make provision about considerations that may be, must be, or must not be, taken into account by a person in connection with the doing of that thing.

Regulations to be made by SI

15

Regulations are to be made by statutory instrument.

Parliamentary scrutiny

16

• (1) A statutory instrument containing regulations that amend or repeal an enactment contained in an Act may not be made unless a draft has been laid before, and approved by resolution of, the House of Commons.

• (2) Subject to that, a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of the House of Commons (unless a draft of the statutory instrument has been approved by resolution of the House of Commons).

Interpretation

17

• (1) In this Schedule a reference to a person other than the Treasury includes a reference to—

• (a) a body corporate established by or under regulations, and

• (b) a company formed under the Companies Acts.

• (2) For the purposes of sub-paragraph (1)(b), it does not matter—

• (a) whether a company is formed specially in connection with the raising of money through alternative finance arrangements,

• (b) whether a company is formed by the Treasury, or

• (c) whether a company is independent of the Treasury.

Personal allowance for those aged under 65

Personal allowances for those aged 65 and over

Abolition of starting and savings rates and creation of starting rate for savings

Rates and rebates: simplification

Rates and rebates: increase from 1 October 2008

Fuel for aircraft and boats, heating oil and fuel for certain engines

Rates of vehicle excise duty

Standard rate of landfill tax

Rate of aggregates levy

Rates of gaming duty

Periods of residence

Rates of R&D relief and vaccine research relief

Companies in difficulty: SME R&D relief and vaccine research relief

Employment-related securities etc: deductible amounts etc

Employment-related securities etc: deductible amounts etc

Employment-related securities etc: deductible amounts etc

Employment-related securities etc: deductible amounts etc

UK residents and foreign enterprises

Manufactured payments

Annual investment allowance

First-year allowance for small and medium-sized enterprises discontinued

Financial arrangements avoidance

Small pools

Main rate of writing down allowance

First-year allowance for small and medium-sized enterprises discontinued

Existing long-life asset expenditure treated as special rate expenditure

Zero-carbon homes

Spreading of relief on indirect contributions

Small pools

Small pools

Withdrawal of group relief

Spreading of relief on indirect contributions

Withdrawal of group relief

Exemption from ad valorem stamp duty for low value transactions

Charge where consideration includes rent: 0% band

Withdrawal of group relief

Elections for oil fields to become non-taxable

Capital allowances: abandonment expenditure after ceasing ring fence trade

Meaning of “participator”

Information and inspection powers

Abandonment expenditure: former participator reimbursed by defaulter

Enforcement by taking control of goods: England and Wales

County court proceedings

Interest in possession settlements: extension of transitional period

Reduced pollution certificates

Reduced pollution certificates

Rebates

Climate change levy accounting documents: abolition of self-identification

Interpretation

Short title

Interpretation

Summary warrant: Scotland

Consequential provision and commencement

Rates for new lower-emission vans

Set-off etc where right to be paid a sum has been transferred

Reduced pollution certificates

Charge on termination of interest in possession where new interest acquired

Tax representatives

Rebates

Air passenger duty: class of travel with large seat pitch

Not exhibiting licence: period of grace

Short title

Alternative finance arrangements: power to vary Chapter 5 of Part 2 of FA 2005

Government borrowing: alternative finance arrangements

EU emissions trading: criminal offences

TMA 1970

ICTA

FA 1989

TCGA 1992

FA 1996

ITTOIA 2005

F(No.2)A 2005

Rate: consequentials

Abolition of taper relief

Abolition of “kink” test

Abolition of “halving relief”

Abolition of indexation allowance

Simplification of pooling etc

Meaning of “tax year”

Introduction

Main provisions

Other amendments

Commencement

Transitionals: section 169P(4)(d)

Transitionals: reorganisations

Transitionals: EIS and VCT

Amendments of IHTA 1984

Amendment of TCGA 1992

Commencement

Modifications for cases where deceased person died before 25 July 1986

Aviation gasoline

Kerosene used for aviation (avtur)

Fuel for private pleasure craft

Consequential amendments

Commencement etc

Amendments of HODA 1979

Amendments of FA 1994

Commencement

Remittance basis_general

Employment income

Relevant foreign income

Chargeable gains

Minor and consequential amendments

Commencement

Transitional provision

Offshore income gains

Offshore income gains: commencement etc

Attribution of gains to members of non-resident companies

Attribution of gains to beneficiaries

Attribution of gains to beneficiaries: commencement etc

Attribution of gains to beneficiaries: cases involving transfers of value

Attribution of gains to beneficiaries in cases involving transfers of value: commencement etc

Attribution of gains to beneficiaries: existing Schedule 4C pools

Transfers of securities: accrued income profits

Transfers of assets abroad

General

Rates of research and development relief: SMEs

Rates of research and development tax relief: large companies

Rates of vaccine research relief

Research and development relief

Vaccine research relief

Commencement

Calculation of total R&D aid

Interpretation

Transitional provision

Corporate Venturing Scheme

Enterprise Investment Scheme

Venture capital trusts

Commencement

TMA 1970

ICTA

FA 1993

ITTOIA 2005

ITA 2007

Definitions

Contract to be loan relationship

Increased non-trading credits

Commencement

ICTA

ITTOIA 2005

Other repeals

Commencement

Introduction

Transfers of trading stock between trade and trader

Other disposals not made in the course of trade

Relationship with transfer pricing rules

FA 2003

ITA 2007

FA 2003

ITA 2007

Financing-arrangement-funded transfers

Expenses: fronting reinsurance commissions etc

Structural assets

Deposit back arrangements

Foreign business assets

Foreign currency assets

Derivative contracts

Apportionments

UK distributions received by insurance companies

Clarification of scope of ICTA s.432A

“BLAGAB profits” etc

Abolition of “inherited estates” apportionment rules

Insurance special purpose vehicles

Group relief: gross profits to exclude relevant profits

Charges on income

Remediation of contaminated land

Repeal of ICTA s.56(4)

Partnership returns

Overseas life assurance business

Trades in I minus E

Controlled foreign companies

Offshore income gains

Transfers of business

Periodical return

Repeal of section 737D of ICTA

R&D relief

Section 89(7) of FA 1989

Commencement of Schedule 9 to FA 2007

Commencement of Business Transfer Schemes Order

Gross roll-up business

Repeal of spent provision

Introduction

PHI business

Transfers of exempt “other” business

Extension of section 463

Repeal of obsolete provisions

Payment of gift aid supplement

Amount of gift aid supplement

The “notional basic rate”

Errors in connection with payment of gift aid supplement

General

Amendments

Capital received in respect of lease to be treated as income

Disposal events: grant of long funding lease

Deemed disposals: plant or machinery used under long funding lease

Plant or machinery subject to a sale and finance leaseback or lease and finance leaseback

Restriction on lessee's right to elect that rules for non-long funding leases apply

Lessors under long funding leases of plant or machinery

Plant and machinery allowances: anti-avoidance

Introduction

Main provisions

Other amendments

Commencement

Rent factoring of leases of plant or machinery

Credit allowable in relation to interest

Distributions arising from tax arrangements

Disposals for consideration not recognised by accounting practice

Avoidance relying on continuity of treatment provisions

Distributions from shares treated as loan relationships

Depreciatory transactions

Falsifying transactions

Non-qualifying shares

Income producing assets

Exit arrangements

Schemes etc designed to reproduce interest-like return

Partnerships

Loan relationships treated differently by debtor and creditor

Commercial rate of interest

Derivative contracts

Restrictions on relief for interest payments

Introduction

Section 572A

Section 573

Section 574

Section 575

Section 578

Section 579

Section 580

Section 581A

Section 583

Capital gains

ICTA

FA 2000

ITA 2007

ICTA

FA 1998

Introductory

Special rate expenditure and the special rate pool

Consequential amendments

Commencement

Sale between connected persons

Saving for intra-group transfers

Interpretation

CAA 2001

ICTA

FA 2000

FA 2001

Proceeds of Crime Act 2002 (c. 29)

Energy Act 2004 (c. 20)

ITTOIA 2005

ITA 2007

FA 2007

FA 2008

Commencement

Enterprise zone expenditure

Definition of structure

Definition of qualifying trade

Commencement

Amendments of Part 4 of FA 2004

Amendments of IHTA 1984

Commencement

Authorised member payments

Transfer of lifetime annuities and dependants' annuities

Definition of investment-regulated pension schemes

Benefit crystallisation event 3

Transitional protection of lump sums

Miscellaneous provision about registered pension schemes

Employer contributions under exempt approved schemes

Inheritance tax treatment of non-UK pension schemes

Application of charges to non-UK pension schemes

FA 2003

FA 2007

Paragraph 14 of Schedule 15 to FA 2003

Consequential provision

Election when interest transferred to partnership

Consequential provision

FA 1985

FA 1986

FA 1999

FA 1982

FA 1986

FA 1987

FA 1990

FA 1999

FA 2003

Saving for certain land transactions

Repeals on abolition day

OTA 1975

FA 1980

Oil Taxation Act 1983

ICTA

CAA 2001

TMA 1970

ICTA

FA 2000

Power to obtain information and documents from taxpayer

Power to obtain information and documents from third party

Approval etc of taxpayer notices and third party notices

Copying third party notice to taxpayer

Power to obtain information and documents about persons whose identity is not known

Notices

Complying with notices

Producing copies of documents

Restrictions and special cases

Power to inspect business premises etc

Power to inspect premises used in connection with taxable supplies etc

Carrying out inspections under paragraph 10, 10A or 11

Approval of tribunal

Restrictions and special cases

Power to copy documents

Power to remove documents

Power to mark assets and to record information

Documents not in person's possession or power

Types of information

Old documents

Taxpayer notices following tax return

Deceased persons

Privileged communications between professional legal advisers and clients

Auditors

Tax advisers

Auditors and tax advisers: supplementary

Corresponding restrictions on inspection of ... documents

Right to appeal against taxpayer notice

Right to appeal against third party notice

Right to appeal against notice given under paragraph 5 or 5A

Procedure

Special cases

Supply of goods or services etc

Groups of undertakings

Change of ownership of companies

Partnerships

Application to the Crown

... penalties for failure to comply or obstruction

Daily default penalties

Power to change amount of ... penalties

Concealing, destroying etc documents following information notice

Concealing, destroying etc documents following informal notification

Failure to comply with time limit

Reasonable excuse

Assessment of ... penalty

Right to appeal against ... penalty

Procedure on appeal against ... penalty

Enforcement of ... penalty

Tax-related penalty

Enforcement of tax-related penalty

Double jeopardy

Concealing etc documents following information notice

Concealing etc documents following informal notification

Fine or imprisonment

Application of provisions of TMA 1970

Regulations under this Schedule

General interpretation

Authorised officer of Revenue and Customs

Business

Chargeable period

Statutory records

Tax

Tax position

TMA 1970

National Savings Bank Act 1971 (c. 29)

ICTA

FA 1990

Social Security Administration Act 1992 (c. 5)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

F(No.2)A 1992

VATA 1994

FA 1998

FA 1999

Tax Credits Act 2002 (c. 21)

FA 2006

Other repeals

TMA 1970

VATA 1994

FA 1998

Consequential provisions

Amendments of Part 7 of FA 2004

Amendments of TMA 1970

TMA 1970

ICTA

FA 1991

TCGA 1992

VATA 1994

FA 1998

FA 2002

ITEPA 2003

ITTOIA 2005

ITA 2007

Consequential amendments

Saving

Failure to notify etc

Issue of invoice showing VAT by unauthorised person

Putting product to use that attracts higher duty

Handling goods subject to unpaid excise duty etc

Degrees of culpability

Amount of penalty: standard amount

Potential lost revenue

Reductions for disclosure

Special reduction

Interaction with other penalties and late payment surcharges

Assessment

Appeal

Reasonable excuse

Agency

Companies: officers' liability

Double jeopardy

Interpretation

Consequential repeals

TMA 1970

Social Security Administration Act 1992 (c. 5)

FA 1994

VATA 1994

FA 1996

FA 1997

FA 2000

FA 2001

FA 2003

Tribunals, Courts and Enforcement Act 2007 (c. 15)

Other repeals

TMA 1970

Debtors (Scotland) Act 1987 (c. 18)

Social Security Administration Act 1992 (c. 5)

FA 1997

FA 2003

TMA 1970

OTA 1975

IHTA 1984

Social Security Administration Act 1992 (c. 5)

FA 1994

VATA 1994

FA 1996

FA 2000

FA 2001

FA 2003

Other repeals

Introductory

Amendments of section 29

Amendment of section 30

Amendments of Schedule 2A

Introduction

Alternative finance arrangements that are to be available

Terms, conditions and procedures

Decisions to raise money through alternative finance arrangements

Involvement of persons other than the Treasury

Ancillary arrangements

Property

Powers and duties

Liabilities

Money raised

Other legislation

Things to be done otherwise than in regulations

Regulations to be made by SI

Parliamentary scrutiny

Interpretation

Editorial notes