Finance Act 2018

(733B) (1) Sections 733C to 733E apply if— (a) an amount of income is treated as arising under section 732 to an individual (“the original beneficiary”) in a tax year (“the arising year”) but neither by section 733C nor by section 733E, (b) under section 735A (if it applied also for this purpose) that amount would be matched— (i) with an amount of relevant income that is protected income for the purposes of section 733A(1)(b)(i) (see sections 721(3BA) and 728(1B)), and (ii) with the whole or part of a benefit received by the original beneficiary, (c) at the time that benefit is received by the original beneficiary (“the distribution time”)— (i) there are arrangements, or there is an intention, as regards the (direct or indirect) passing-on of the whole or part of that benefit to another person, and (ii) it is reasonable to expect that, in the event of the whole or part of that benefit being passed on to another person as envisaged by the arrangements or intention, that other person will be UK resident when they receive at least part of what is passed on to them, (d) the original beneficiary makes, directly or indirectly, a gift (“the onward payment”) to a person (“the subsequent recipient”)— (i) at the distribution time, or at any later time in the 3 years beginning with the start time, or (ii) at any time before the distribution time and, it is reasonable to assume, in anticipation of receipt of the benefit mentioned in paragraph (b)(ii), (e) the gift is of or includes— (i) the whole or part of the benefit mentioned in paragraph (b)(ii), (ii) anything that (wholly or in part, and directly or indirectly) derives from, or represents, the whole or part of that benefit, or (iii) any other property, but only if the benefit mentioned in paragraph (b)(ii) is provided with a view to enabling or facilitating, or otherwise in connection with, the making of the gift of the property to the subsequent recipient, (f) except where an individual is liable as a result of section 733A(2) or (3) for the tax charged under section 731 on the amount mentioned in paragraph (a), either— (i) the original beneficiary is non-UK resident for the arising year, or (ii) section 809B or 809D or 809E (remittance basis) applies to the original beneficiary for the arising year and none of the amount mentioned in paragraph (a) is relevantly remitted before the end of the charging year, and (g) where an individual is liable as a result of section 733A(2) or (3) for the tax charged under section 731 on the amount mentioned in paragraph (a), section 809B or 809D or 809E applies to that individual for the arising year and none of the amount mentioned in paragraph (a) is relevantly remitted before the end of the charging year. (2) If— (a) the amount mentioned in subsection (1)(a) is not treated as arising by section 733D (and neither by section 733C nor by section 733E), (b) except where an individual is liable as a result of section 733A(2) or (3) for the tax charged under section 731 on that amount, section 809B or 809D or 809E applies to the original beneficiary for the arising year, (c) where an individual is liable as a result of section 733A(2) or (3) for the tax charged under section 731 on that amount, section 809B or 809D or 809E applies to that individual for the arising year, and (d) part only of that amount is relevantly remitted before the end of the charging year, subsection (1)(a) is to be treated as referring instead only to the remainder of that amount. (3) The original beneficiary is not liable to tax for any year after the charging year on so much of the amount mentioned in subsection (1)(a) as is— (a) treated as arising to the subsequent recipient by section 733C, or (b) treated as arising to the settlor by section 733E; and the settlor is not is liable under section 733A(2) or (3) to tax for any year after the charging year on so much of the amount mentioned in subsection (1)(a) as is treated as arising to the subsequent recipient by section 733C. (4) For the purposes of subsection (1)(d)(i)— (a) if the amount mentioned in subsection (1)(a) is not one that is treated as arising by section 733D, “the start time” is the time the benefit mentioned in subsection (1)(b) is provided to the original beneficiary, and (b) if the amount mentioned in subsection (1)(a) is one that is treated as arising by section 733D in connection with the operation of this section on a previous occasion, “the start time” is the time given by this subsection as the start time on that occasion. (5) Where the onward payment is made as mentioned in subsection (1)(d)(ii), the onward payment is to be treated— (a) for the purposes of the provisions of this section following subsection (1)(d), and (b) for the purposes of sections 733C to 733E, as made immediately after, and in the tax year containing, the distribution time. (6) Where subsection (1)(d) and (e) are met in any case, it is to be presumed (unless the contrary is shown) that subsection (1)(c) is also met in that case. (7) In this section— - “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), - “the charging year” means the gift year or, if later, the matching year, - “gift” includes any benefit, - “the gift year” means the tax year in which the onward payment is made, but see subsection (5), - “make”, in relation to a gift that is a benefit, means provide, - “the matching year” means the first tax year in which the matching mentioned in subsection (1)(b) would occur, - “relevantly remitted” means remitted to the United Kingdom in a tax year for which the original beneficiary is UK resident but, where an individual is liable as a result of section 733A(2) or (3) for the tax charged under section 731 on the amount mentioned in subsection (1)(a), means remitted to the United Kingdom in a tax year for which that individual is UK resident, and - “the settlor” means the settlor of the settlement, mentioned in section 721A(3) or (4) or 729A(3) or (4), which because of subsection (1)(b)(i) is the settlement concerned. (8) Sections 742C to 742E (value of benefit provided to a person) apply in relation to the onward payment as if references in those sections to a benefit provided were references to a gift made. (9) Sections 809L to 809Z6 (remittance basis: rules about when income is remitted, including rule treating pre-arising remittances of deemed income as made when the income arises)— (a) apply for the purposes of this section and sections 733C to 733E, and (b) apply for those purposes in relation to references to remittance of the onward payment as if the onward payment were relevant foreign income of the subsequent recipient. (733C) (1) Subsection (3) applies if— (a) this section applies (see section 733B(1)), and (b) the subsequent recipient is UK resident for the gift year, and (c) the subsequent recipient is UK resident for the matching year if that is later than the gift year, and (d) none of sections 809B, 809D and 809E applies to the subsequent recipient for the charging year. (2) Subsection (3) also applies if— (a) this section applies (see section 733B(1)), and (b) the subsequent recipient is UK resident for the gift year, and (c) the subsequent recipient is UK resident for the matching year if that is later than the gift year, and (d) section 809B, 809D or 809E applies to the subsequent recipient for the charging year, and (e) the whole, or part only, of the onward payment is remitted to the United Kingdom in the charging year. (3) Section 731 has effect— (a) as if the subsequent recipient were an individual to whom income is treated as arising under section 732 for the charging year, and (b) as if, subject to subsection (4), the amount of that income— (i) were equal to the amount or value of so much of the onward payment as is within any of sub-paragraphs (i) to (iii) of section 733B(1)(e), or (ii) were, where this subsection applies because of subsection (2) and part only of that much of the onward payment is remitted to the United Kingdom in the charging year, equal to the amount or value of that part. (4) The amount given by subsection (3) (before adjustment under this subsection) is to be adjusted as follows— (a) deduct any part of the amount on which the subsequent recipient is liable to income tax otherwise than under this section, and (b) if following any adjustment under paragraph (a) the amount exceeds the amount mentioned in section 733B(1)(a), deduct the excess. (733D) (1) Subsection (3) applies if this section applies (see section 733B(1)) and— (a) the subsequent recipient is non-UK resident for the gift year, or (b) the matching year is later than the gift year and the subsequent recipient is UK resident for the gift year but non-UK resident for the matching year. (2) Subsection (3) also applies if— (a) this section applies (see section 733B(1)), and (b) the subsequent recipient is UK resident for the gift year, and (c) the subsequent recipient is UK resident for the matching year if that is later than the gift year, and (d) section 809B, 809D or 809E applies to the subsequent recipient for the charging year, and (e) none, or part only, of the onward payment is remitted to the United Kingdom in the charging year. (3) Section 733B(1)(a) has effect— (a) as if the subsequent recipient were an individual to whom income is treated as arising under section 732 for the charging year, and (b) as if, subject to subsection (4), the amount of that income— (i) were equal to the amount or value of so much of the onward payment as is within any of sub-paragraphs (i) to (iii) of section 733B(1)(e) and is not treated as arising to someone other than the subsequent recipient as a result of the operation of section 733E, or (ii) were, where this subsection applies because of subsection (2) and part only of that much of the onward payment is remitted to the United Kingdom in the charging year, equal to the amount or value of the remainder of that much of the onward payment. (4) The amount given by subsection (3) (before adjustment under this subsection) is to be adjusted as follows: if that amount exceeds the amount mentioned in section 733B(1)(a) in the case of the original beneficiary, deduct the excess. (5) Where the amount mentioned in section 733B(1)(a) is one treated as arising by this section in connection with the operation of section 733B and this section on a previous occasion, section 733B(1) has effect— (a) with the omission of its paragraphs (b) and (c), (b) as if the reference in its paragraph (d) to the benefit mentioned in its paragraph (b)(ii) were, instead, to what was the onward payment on that previous occasion, (c) as if the references in its paragraph (d) to the distribution time were, instead, to the time when that onward payment was made, and (d) as if the references in its paragraph (e) to the benefit mentioned in its paragraph (b)(ii) were, instead, to so much of that onward payment as was on that previous occasion within any of sub-paragraphs (i) to (iii) of its paragraph (e). (733E) (1) Subsection (3) applies if— (a) this section applies (see section 733B(1)), (b) the subsequent recipient is a close member of the settlor's family when the onward payment is made, (c) the subsequent recipient is UK resident for the charging year, (d) section 809B, 809D or 809E applies to the subsequent recipient for the charging year, (e) none, or part only, of the onward payment is remitted to the United Kingdom in the charging year, (f) there is a time in the charging year when the settlor is UK resident, (g) there is no time in the charging year when the settlor is domiciled in the United Kingdom, and (h) there is no time in the charging year when the settlor is regarded for the purposes of section 718(1)(b) as domiciled in the United Kingdom as a result of section 835BA having effect because of Condition A in that section being met. (2) Subsection (3) also applies if— (a) this section applies (see section 733B(1)), (b) the subsequent recipient is a close member of the settlor's family when the onward payment is made, (c) the subsequent recipient is non-UK resident for the charging year, (d) there is a time in the charging year when the settlor is UK resident, (e) there is no time in the charging year when the settlor is domiciled in the United Kingdom, and (f) there is no time in the charging year when the settlor is regarded for the purposes of section 718(1)(b) as domiciled in the United Kingdom as a result of section 835BA having effect because of Condition A in that section being met. (3) Section 731 applies— (a) as if the settlor were an individual to whom income is treated as arising under section 732 for the charging year, and (b) as if, subject to subsection (4), the amount of that income— (i) were equal to the amount or value of so much of the onward payment as is within any of sub-paragraphs (i) to (iii) of section 733B(1)(e), or (ii) were, where this subsection applies because of subsection (1) in a case where part only of that much of the onward payment is remitted to the United Kingdom in the charging year, equal to the amount or value of the remainder of that much of the onward payment. (4) The amount given by subsection (3)(b) (before adjustment under this subsection) is to be adjusted as follows— (a) deduct any part of the amount on which the settlor is liable to income tax otherwise than under this section, and (b) if following any adjustment under paragraph (a) the amount exceeds the amount mentioned in section 733B(1)(a), deduct the excess. (5) Where any tax for which the settlor is liable as a result of subsections (3) and (4) is paid, the settlor is entitled to recover the amount of the tax from the subsequent recipient. (6) For the purpose of recovering that amount, the settlor is entitled to require an officer of Revenue and Customs to give the settlor a certificate specifying— (a) the amount of the income concerned, and (b) the amount of tax paid, and any such certificate is conclusive evidence of the facts stated in it. (7) In this section— (a) “the settlor” means the settlor of the settlement, mentioned in section 721A(3) or (4) or 729A(3) or (4), which because of section 733B(1)(b)(i) is the settlement concerned, and (b) “close member”, in relation to the family of the settlor, is to be read in accordance with section 733A(7) and (8).

17

In section 734 (amount charged under section 731 is reduced by prior gains)—

• (a) in subsection (1) omit paragraphs (b) and (c), but not the “and” at the end of paragraph (c),

• (b) for subsection (1)(d) substitute—

(d) chargeable gains are treated by section 87, 87K, 87L or 89(2) of, or paragraph 8 of Schedule 4C to, TCGA 1992 as accruing to a person in that or a subsequent tax year by reference (direct or indirect) to the whole or part of any benefits so provided.

, and

• (c) in subsection (4)—

• (i) for “and “the available relevant income” have” substitute “ has ”, and

• (ii) for “Steps 2 and 5” substitute “ Step 2 ”.

18

After section 734 insert—

(734A) (1) This section applies if— (a) benefits provided as mentioned in section 732(1)(c) are received in a tax year, and (b) income is treated by section 643A, 643J or 643L of ITTOIA 2005 as arising to a person in that or a subsequent tax year by reference (direct or indirect) to the whole or part of any benefits so provided. (2) For any tax year after one in which such income is so treated, the amount of income treated as arising to the individual under section 732(2) in respect of benefits provided as mentioned in section 732(1)(c) as a result of the transfer or operations in question is calculated as follows. (3) The amount is calculated under section 733(1) as if the total untaxed benefits were reduced by the amount of that income. (4) In this section “the total untaxed benefits” has the same meaning as in section 733(1) (see Step 2).

19

After section 735B insert—

(735C) (1) This section applies in relation to income if— (a) the income is treated as arising to an individual for a tax year— (i) as a result of the operation of section 733C(3) and (4) where section 733C(3) applies because of section 733C(2), or (ii) as a result of the operation of section 733E, and (b) section 809B, 809D or 809E (remittance basis) applies to the individual for that year. (2) The income is treated as relevant foreign income of the individual. (3) For the purposes of Chapter A1 of Part 14 (remittance basis) treat the onward payment, or (as the case may be) the part of it whose amount or value is equal to the amount of the income, as deriving from the income. (4) In the application of section 832 of ITTOIA 2005 in relation to the income, subsection (2) of that section has effect with the omission of its paragraph (b).

Consequential amendments

20

• (1) Section 97 of TCGA 1992 (settlements: supplementary provisions) is amended as follows.

• (2) In subsection (1)(a) (meaning of “capital payment”), for “not chargeable to income tax on the recipient or,” substitute

neither— (i) chargeable to income tax on the recipient, nor (ii) chargeable to income tax on another person under any of sections 643A, 643J and 643L of ITTOIA 2005 and sections 733A, 733C and 733E of ITA 2007, or,

.

• (3) In subsection (3) (cases where benefit may be treated as chargeable gain and as income), for “section 733 of ITA 2007 treated as the recipient's” substitute “section 643A or 643J or 643L of ITTOIA 2005, or sections 731 to 733E of ITA 2007, treated as an individual's”.

• (4) In consequence of sub-paragraph (3), in Schedule 1 to ITA 2007 omit paragraph 302.

• (5) The references to section 733A of ITA 2007 that are inserted by sub-paragraphs (2) and (3) include that section as it has effect for the tax year 2017-18.

Commencement etc of amendments in ITTOIA 2005 and ITA 2007

21

• (1) Subject as follows, the amendments made by paragraphs 3 to 19 have effect for the tax year 2018-19 and subsequent tax years.

• (2) None of the references to an earlier tax year in Step 1 of the new section 643B(1) of ITTOIA 2005, or in new section 643C(2) of ITTOIA 2005, includes any tax year earlier than the tax year 2018-19 except that, in the phrase “benefits provided by the trustees in the year or in an earlier tax year” in the definition of “TOAA” in new section 643C(2) of ITTOIA 2005, the reference to an earlier tax year does include tax years earlier than the tax year 2018-19.

• (3) New sections 643I to 643L and 643N of ITTOIA 2005 have effect only in relation to onward payments made on or after 6 April 2018.

• (4) New section 643M of ITTOIA 2005, and new sections 733B to 733E and 735C of ITA 2007, have effect only in relation to onward payments made on or after 6 April 2018, but have effect in relation to an onward payment made on or after that date even where the onward payment is referable to a benefit received before that date.

• (5) The amendment in section 733A(7) of ITA 2007 made by paragraph 15 also has effect for the tax year 2017-18.

22

The new section 643D(3) of ITTOIA 2005 is to be treated as inserted by the Treasury under the powers to make regulations conferred by section 354 of TIOPA 2010.

SCHEDULE 11

1

Schedule 4ZA to FA 2003 (stamp duty land tax: higher rates for additional dwellings and dwellings purchased by companies) is amended as follows.

Previous residence required to be disposed of entirely

2

• (1) Paragraph 3 (single dwelling transactions: purchaser is an individual) is amended as follows.

• (2) In sub-paragraph (6)—

• (a) after paragraph (b) insert—

(ba) immediately after the effective date of the previous transaction, neither the purchaser nor the purchaser's spouse or civil partner had a major interest in the sold dwelling,

and

• (b) in paragraph (c) for “that period of three years” substitute “ the period of three years referred to in paragraph (b) ”.

• (3) After sub-paragraph (6) insert—

(6A) Sub-paragraph (6)(ba) does not apply in relation to a spouse or civil partner of the purchaser if the two of them were not living together (see paragraph 9(3)) on the effective date of the transaction concerned.

• (4) In sub-paragraph (7) after paragraph (b) (but before “and”) insert—

(ba) immediately after the effective date of that other land transaction, neither the purchaser nor the purchaser's spouse or civil partner has a major interest in the sold dwelling,

.

• (5) After sub-paragraph (7) insert—

(8) Sub-paragraph (7)(ba) does not apply in relation to a spouse or civil partner of the purchaser if the two of them are not living together (see paragraph 9(3)) on the effective date of that other land transaction.

Exception where purchaser has prior interest in purchased dwelling

3

After paragraph 7 insert—

(7A) (1) A chargeable transaction which would (but for this paragraph) fall within paragraph 3 or paragraph 6 does not fall within that paragraph if— (a) the purchaser had a major interest (“the prior interest”) in the relevant purchased dwelling immediately before the effective date of the transaction, and (b) the relevant purchased dwelling had been the purchaser's only or main residence throughout the period of three years ending with the effective date of the transaction. (2) Sub-paragraph (1) does not apply if— (a) the prior interest is a term of years absolute or a leasehold estate, and (b) immediately before the effective date of the transaction, the remaining term of the prior interest is less than 21 years. (3) Sub-paragraph (1) does not apply if immediately before the effective date of the transaction— (a) the purchaser is beneficially entitled as a joint tenant to the prior interest, and (b) there are more than three other joint tenants. (4) Sub-paragraph (1) does not apply if immediately before the effective date of the transaction the purchaser is beneficially entitled as a tenant in common or coparcener to less than a quarter of the prior interest. (5) In this paragraph “relevant purchased dwelling” means— (a) the purchased dwelling mentioned in paragraph 3(1)(b), or (as the case may be) (b) the purchased dwelling which meets the conditions mentioned in paragraph 6(1)(c).

Exception where spouses and civil partners purchasing from one another

4

After paragraph 9 insert—

(9A) (1) A chargeable transaction is not a higher rates transaction for the purposes of paragraph 1 if— (a) there is only one purchaser, (b) there is only one vendor, and (c) on the effective date of the transaction the two of them are— (i) married to, or civil partners of, each other, and (ii) living together (see paragraph 9(3)). (2) Where— (a) there are two purchasers in relation to a chargeable transaction, and (b) one of them (“P”) is also the vendor in relation to the transaction, P is to be treated for the purposes of sub-paragraph (1) as not being a purchaser. (3) Where— (a) there are two vendors in relation to a chargeable transaction, and (b) one of them (“V”) is also the purchaser in relation to the transaction, V is to be treated for the purposes of sub-paragraph (1) as not being a vendor.

Property adjustment on divorce, dissolution of civil partnership etc

5

After paragraph 9A (as inserted by paragraph 4 of this Schedule) insert—

(9B) (1) This paragraph applies where— (a) a person (“A”) has a major interest in a dwelling, (b) a property adjustment order has been made in respect of the interest for the benefit of another person (“B”), and (c) the dwelling— (i) is B's only or main residence, and (ii) is not A's only or main residence. (2) A is to be treated for the purposes of this Schedule as not having the interest in the dwelling. (3) “Property adjustment order” means— (a) an order under section 24(1)(b) of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings), (b) an order under section 17(1)(a)(ii) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce) corresponding to such an order as is mentioned in paragraph (a), (c) an order under Article 26(1)(b) of the Matrimonial Causes (Northern Ireland) Order 1978 (property adjustment orders in connection with divorce proceedings etc), (d) an order under Article 21(a)(ii) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (property adjustment orders after overseas divorce) corresponding to such an order as is mentioned in paragraph (c), (e) an order under paragraph 7(1)(b) of Schedule 5 or paragraph 7(1)(b) of Schedule 15 to the Civil Partnership Act 2004 (property adjustment orders in connection with dissolution etc of civil partnership), or (f) an order under paragraph 9 of Schedule 7 or paragraph 9 of Schedule 17 to the Civil Partnership Act 2004 (property adjustment orders in connection with overseas dissolution etc of civil partnership) corresponding to such an order as is mentioned in paragraph (e).

Purchase etc by person appointed under Mental Capacity Act 2005 to make decisions for a child

6

• (1) In paragraph 12 (settlements and bare trusts with beneficiaries who are children) after sub-paragraph (1) insert—

(1A) But this paragraph does not apply if the trustee (or any of the trustees) of the settlement or bare trust concerned— (a) was the purchaser in relation to the land transaction, (b) holds the interest in the dwelling, or (c) disposed of the interest in the dwelling, in the exercise of powers conferred on the trustee by reason of a relevant court appointment made in respect of the child concerned. (1B) In sub-paragraph (1A) “relevant court appointment” means— (a) an appointment under section 16 of the Mental Capacity Act 2005, (b) an appointment under section 113 of the Mental Capacity Act (Northern Ireland) 2016, or (c) an equivalent appointment under the law of a country or territory outside England, Wales and Northern Ireland.

• (2) In paragraph 17 (dwellings outside England, Wales and Northern Ireland) after sub-paragraph (5) insert—

(5A) Sub-paragraph (4) does not apply if the interest in the dwelling was acquired in the child's name or on the child's behalf by a person acting in exercise of powers conferred on that person by reason of a relevant court appointment made in respect of the child. (5B) In sub-paragraph (5A) “relevant court appointment” has the meaning given by paragraph 12(1B).

Minor and consequential amendments

7

In paragraph 2, after sub-paragraph (3) insert—

(3A) Sub-paragraphs (2) and (3) are subject to paragraph 9A (spouses and civil partners purchasing from one another).

8

• (1) Paragraph 3 is amended as follows.

• (2) After sub-paragraph (1) insert—

(1A) But sub-paragraph (1) is subject to paragraph 7A.

• (3) In sub-paragraph (7), in the opening words, for “may become” substitute “ is also ”.

9

In paragraph 6—

• (a) after sub-paragraph (1) insert—

(1A) But sub-paragraph (1) is subject to paragraph 7A.

, and

• (b) in sub-paragraph (3) for “and (7)” substitute “ to (8) ”.

10

In paragraph 8—

• (a) in sub-paragraph (1) for “ceases to be” substitute “ is not ”,

• (b) in sub-paragraph (2) for “was” substitute “ is ”,

• (c) in sub-paragraph (3) for “its ceasing to be a higher rates transaction” substitute “ the application of paragraph 3(7) ”, and

• (d) in sub-paragraph (4) for “its ceasing to be a higher rates transaction” substitute “ the application of paragraph 3(7) ”.

11

In paragraph 9(3) for “paragraph” substitute “ Schedule ”.

12

• (1) Paragraph 12 is amended as follows.

• (2) In sub-paragraph (2)(a) after “any” insert “ relevant ”.

• (3) For sub-paragraph (3) substitute—

(3) For the purposes of sub-paragraph (2) a spouse or civil partner of P is “relevant” if the spouse or civil partner— (a) is not a parent of the child, and (b) is living together with P (see paragraph 9(3)).

• (4) Omit sub-paragraph (4).

13

In the italic heading before paragraph 17 omit “, Wales”.

14

• (1) Paragraph 17 is amended as follows.

• (2) In sub-paragraph (1) omit “, Wales”.

• (3) After sub-paragraph (1) insert—

(1A) In the application of those provisions in relation to a dwelling situated in Wales— (a) references to a “major interest” in the dwelling are to an interest in the dwelling of a kind mentioned in section 117(2), (b) references to a “land transaction” in relation to the dwelling are to the acquisition of an interest in the dwelling, and (c) references to the “effective date” of a land transaction in relation to the dwelling are to the date on which the interest in the dwelling is acquired.

• (4) In sub-paragraph (3)—

• (a) in the words before paragraph (a) after “(1)” insert “ , (1A) ”,

• (b) in paragraph (a)—

• (i) after “(6)(b)” insert “ , (ba) ”, and

• (ii) after “(7)(b)” insert “ , (ba) ”, and

• (c) after paragraph (b) insert—

(ba) paragraph 9B,

• (5) In sub-paragraph (4)—

• (a) omit “, Wales”, and

• (b) after “any” insert “ relevant ”.

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

(5) For the purposes of sub-paragraph (4) a spouse or civil partner of P is “relevant” if the spouse or civil partner— (a) is not a parent of the child, and (b) is living together with P (see paragraph 9(3)).

• (7) Omit sub-paragraph (6).

15

In section 128(9)(b) of FA 2016 for “ “during that period of three years”” substitute “the words from “during” to “paragraph (b)””.

Commencement

16

• (1) The amendments made by this Schedule (other than those made by paragraphs 13 and 14(2), (3), (4)(a) and (5)(a)) have effect in relation to any land transaction of which the effective date is, or is after, 22 November 2017.

• (2) But the amendments made by paragraph 2 do not have effect in relation to a transaction—

• (a) effected in pursuance of a contract entered into and substantially performed before 22 November 2017, or

• (b) effected in pursuance of a contract entered into before that date and not excluded by sub-paragraph (3).

• (3) A transaction effected in pursuance of a contract entered into before 22 November 2017 is excluded by this sub-paragraph if—

• (a) there is any variation of the contract, or assignment of rights under the contract, on or after 22 November 2017,

• (b) the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

• (c) on or after that date there is an assignment, subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.

• (4) The amendments made by paragraphs 13 and 14(2), (3), (4)(a) and (5)(a) have effect in relation to any land transaction in relation to which the amendment made by section 16(2) of the Wales Act 2014 (disapplication of UK stamp duty land tax) has effect.

SCHEDULE 12

PART 1 — Amendments of Part 3 of FA 1996

Introduction

1

Part 3 of FA 1996 (landfill tax) is amended as set out in the following provisions of this Part of this Schedule.

Taxable disposals

2

• (1) Section 40 (charge to tax) is amended as follows.

• (2) For subsection (2) substitute—

(2) A taxable disposal takes place where material is disposed of and either— (a) the disposal is made at a landfill site (see subsection (4)), or (b) the disposal requires a permit or licence mentioned in subsection (4) but is not made at a landfill site.

• (3) After subsection (3) insert—

(4) Land is a landfill site at a given time if at that time— (a) a permit under regulations made under— (i) section 2 of the Pollution Prevention and Control Act 1999, or (ii) Article 4 of the Environment (Northern Ireland) Order 2002 (S.I. 2002/3153 (N.I. 7)), is in force in relation to the land and authorises deposits or disposals in or on the land, (b) a waste management licence issued under Part 2 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) (waste on land) is in force in relation to the land and authorises deposits in or on the land, or (c) a licence under any provision for the time being having effect in Northern Ireland and corresponding to section 35 of the Environmental Protection Act 1990 (waste management licences) is in force in relation to the land and authorises disposals in or on the land.

3

After section 40 insert—

(40A) (1) For the purposes of this Part, there is a disposal of material if— (a) material is disposed of on the surface of land or on a structure set into the surface, or (b) material is disposed of under the surface of land. (2) For the purposes of subsection (1)(a) and (b) it does not matter whether the material is placed in a container before it is disposed of. (3) For the purposes of subsection (1)(b) it does not matter whether the material— (a) is covered after it is disposed of, or (b) is disposed of in a cavity (such as a cavern or mine). (4) If material is disposed of on the surface of land or on a structure set into the surface with a view to the material being covered, the disposal is to be treated as made when the material is disposed of and not when it is covered. (5) An order may for the purposes of this Part provide for— (a) material to be treated as disposed of in circumstances where it would not otherwise be so treated; (b) material to be treated as not disposed of in circumstances where it would otherwise be so treated. (6) An order under subsection (5) may, among other things, make provision by reference to— (a) descriptions of material; (b) the quantities disposed of; (c) the nature of the site at which material is disposed of; (d) the location of material in a site (for example, whether it is in a discrete unit within the site). (7) An order may for the purposes of this Part provide for a prohibited disposal to be treated as a disposal falling within paragraph (b) of section 40(2). “Prohibited disposal” here means a disposal of material the disposal of which at a landfill site is prohibited by or by virtue of a prescribed enactment. (8) An order under this section may make provision subject to exceptions, conditions or other qualifications.

Liability to pay landfill tax

4

• (1) Section 41 (liability to pay tax) is amended as follows.

• (2) In subsection (1), after “a taxable disposal” insert “ made at a landfill site ”.

• (3) After subsection (2) insert—

(3) A person is liable to pay tax charged on a taxable disposal not made at a landfill site if the person— (a) makes the disposal, or (b) knowingly causes or knowingly permits the disposal to be made. (4) Every such person is jointly and severally liable to pay the tax charged. (5) In the case of a taxable disposal not made at a landfill site, a person within subsection (6) or (7) is taken for the purposes of this Part to be a person who knowingly causes or knowingly permits the disposal to be made, unless it is shown to the satisfaction of the Commissioners that the person did not do so. (6) A person is within this subsection if, before the time of the disposal of the material in question, the person— (a) took any action with a view to the disposal of the material, (b) was party to a contract for the sale of the material, or (c) facilitated the transport or storage of the material. (7) A person is within this subsection if at the time of the disposal the person— (a) is the owner, or a lessee or occupier, of the land at which the disposal is made, (b) controls, or is able to control, a vehicle or trailer from which the disposal is made, or (c) is an officer of a body corporate or unincorporated association that is within subsection (3)(a) or (3)(b). (8) In subsection (7)(c) “officer”— (a) in relation to a body corporate, means a director, manager, secretary, chief executive or member of the committee of management, or a person purporting to act in such a capacity; (b) in relation to an unincorporated association, means an officer of the association or a member of its governing body, or a person purporting to act in such a capacity.

Exemptions

5

In section 43 (material removed from water), in subsections (1), (3), (4) and (5), after “A disposal” insert “ made at a landfill site ”.

6

In section 44 (mining and quarrying), in subsection (1), after “A disposal” insert “ made at a landfill site ”.

7

• (1) Section 45 (pet cemeteries) is amended as follows.

• (2) In subsection (1), after “A disposal” insert “ made at a landfill site ”.

• (3) In subsection (2)—

• (a) in paragraph (a), for “landfill disposal” substitute “ disposal of material ”;

• (b) in paragraph (b), for “landfill disposals” substitute “ disposals of material ”.

8

In section 46 (power to vary), in subsection (2), before paragraph (a) insert—

(za) confer exemption by reference to guidance (as it has effect from time to time) issued by— (i) a body established by or under any enactment, or (ii) a government department or an agency of a government department, to the effect that particular kinds of disposal do not require a permit or licence mentioned in section 40(4);

.

Taxable activities

9

• (1) Section 69 (taxable activities) is amended as follows.

• (2) For subsection (1) substitute—

(1) A person carries out a taxable activity if the person— (a) makes a taxable disposal (whether or not at a landfill site), (b) permits a taxable disposal to be made at a landfill site, or (c) knowingly causes or knowingly permits a taxable disposal to be made elsewhere than at a landfill site, and the person is liable to pay tax in respect of the disposal.

• (3) In subsection (2)—

• (a) in paragraph (a), after “is made” insert “ at a landfill site ”;

• (b) for “this section” substitute “ subsection (1)(b) ”.

Taxable disposals etc: supplementary and consequential amendments

10

In section 42 (amount of tax), in subsection (2)—

• (a) for “Where the” substitute

Where— (a) the

;

• (b) for “fines this section” substitute

fines, and (b) the disposal is made at a landfill site, this section

.

11

In section 51 (credit: general), in subsection (1)(a), after “liable to pay tax” insert “ in respect of the disposal of material at a landfill site ”.

12

In section 52 (bad debts), in subsection (1)(a), after “taxable activity” insert “ at a landfill site ”.

13

Omit sections 64 to 67.

14

• (1) Section 70 (interpretation) is amended as follows.

• (2) In subsection (1), at the appropriate places insert—

“disposal” and “dispose of” shall be construed in accordance with section 40A;

;

“landfill site” has the meaning given by section 40(4);

;

“operator”, in relation to a landfill site, means the person who at the relevant time is the holder of the permit (where section 40(4)(a) applies) or the licence (where section 40(4)(b) or (c) applies);

;

“taxable person” means a person who is liable to pay tax on a taxable disposal.

• (3) Omit subsections (2) and (2A).

• (4) In subsection (4), for “sections 64 to” substitute “ sections 68 and ”.

15

In section 71 (orders and regulations), in subsection (7)—

• (a) before paragraph (a) insert—

(za) an order under section 40A which has the result that anything which would not otherwise be a taxable disposal is a taxable disposal;

;

• (b) omit paragraphs (ca), (cb) and (d).

16

• (1) Schedule 5 (landfill tax) is amended as follows.

• (2) Omit paragraph 1B (information: site restoration).

• (3) Before paragraph 2 insert—

(1C) (1) Regulations may require the operator of a landfill site— (a) to retain plans, permits and licences relating to the site; (b) to provide the Commissioners with copies of, or information relating to, plans, permits and licences retained under paragraph (a). (2) Regulations under sub-paragraph (1)(b) may be framed by reference to such copies or information as may be stipulated in any notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice.

• (4) In paragraph 2A (records: material at landfill sites)—

• (a) in the heading, after “landfill” insert “ and other ”;

• (b) in sub-paragraph (1), for “relating to material” substitute

relating to— (a) material

;

• (c) at the end of that sub-paragraph insert

, and (b) material disposed of elsewhere than at a landfill site.

• (5) In paragraph 10 (power to take samples), in sub-paragraph (1) omit “as waste by way of landfill”.

• (6) In paragraph 45 (adjustment of disposal contracts), in sub-paragraphs (1)(a) and (c) and (2) omit “landfill”.

• (7) In paragraph 46 (adjustment of construction contracts), in sub-paragraph (1)(b) omit “landfill”.

Registration

17

• (1) Section 47 (registration) is amended as follows.

• (2) In subsections (2)(a), (5) and (6), after “taxable activities” insert “ at a landfill site ”.

• (3) After subsection (3) insert—

(3A) A registered person who forms the intention of carrying out taxable activities elsewhere than at a landfill site shall notify the Commissioners of that intention.

• (4) After subsection (5) insert—

(5A) Where a person who is not registered carries out taxable activities elsewhere than at a landfill site, the Commissioners may register the person with effect from the date when the person begins carrying out those activities. (5B) Subsections (2) to (5A) do not apply to a person within subsection (6) of section 41 who, but for that subsection, would not be treated as carrying out taxable activities.

• (5) In subsection (6), for “a person” substitute “ a registered person ”.

• (6) For subsection (9) substitute—

(9) For the purposes of this section regulations may make— (a) provision as to the time within which a notification is to be made (including provision enabling the Commissioners to grant an extension of time); (b) provision as to the form and manner in which any notification is to be made and as to the information to be contained in or provided with it; (c) provision as to the criteria that the Commissioners are to apply in deciding whether to register a person under subsection (5A); (d) provision under which, in prescribed circumstances, taxable activities at a site within subsection (9B) may, on a provisional or conditional basis, be treated as carried out at a landfill site; (e) provision requiring a person who has made a notification to notify the Commissioners if any information contained in or provided in connection with it is or becomes inaccurate; (f) provision as to the correction of entries in the register (including provision for a person provisionally or conditionally registered by virtue of paragraph (d) to be treated, in prescribed circumstances, as never having been so registered). (9A) Provision made by regulations under subsection (9)(c) may be supplemented by provision made by notice published by the Commissioners in accordance with the regulations. (9B) A site is within this subsection if— (a) it is not a landfill site, or (b) it not known at the relevant time whether it is a landfill site or not.

• (7) For subsection (10) substitute—

(10) In this Part— - “registered person” means— 1. a person registered under subsection (5) or (5A), and 2. a person who was registered under this section before the passing of FA 2018 and who remains registered; - “registrable person” means a person who carries out taxable activities (whether registered or not), excluding a person within subsection (6) of section 41 who, but for that subsection, would not be treated as carrying out taxable activities.

Registration: supplementary and consequential amendments

18

In section 49 (accounting for tax and time for payment), for “registrable person” substitute “ registered person ”.

19

• (1) Section 59 (groups of companies) is amended as follows.

• (2) In subsection (2)—

• (a) for “condition” substitute “ conditions ”;

• (b) for “is fulfilled” substitute “ are fulfilled ”.

• (3) In subsection (3), for “The condition is that the” substitute

The conditions are that— (a) each of the bodies corporate is a registered person, and (b) the

.

20

In section 70 (interpretation), in subsection (1), for “ “registrable person” has” substitute “ “registered person” and “registrable person” have”.

21

• (1) Schedule 5 is amended as follows.

• (2) In paragraph 2 (records: registrable persons), in the heading and in sub-paragraphs (1) and (3)(a), for “registrable persons” substitute “ taxable persons ”.

• (3) In paragraph 26 (interest on under-declared tax), in sub-paragraphs (1)(a) and (4), for “registrable person” substitute “ registered person ”.

• (4) In paragraph 27 (interest on unpaid tax etc), in sub-paragraphs (1)(a), (3)(a), (5)(a) and (7), for “registrable person” substitute “ registered person ”.

Assessment

22

• (1) Section 50 (power to assess) is amended as follows.

• (2) In the heading, for “assess” substitute “ assess: registered persons ”.

• (3) In subsection (1)(a), (b), (c) and (d) and subsection (2), for “a person” substitute “ a registered person ”.

23

After that section insert—

(50A) (1) Where— (a) it appears to the Commissioners that a person is liable to pay tax on a taxable disposal, and (b) the person is not a registered person, the Commissioners may assess the amount of tax due from the person to the best of their judgment and notify it to the person. (2) An assessment under this section must be accompanied by a notice— (a) identifying the land where the disposal was made; (b) indicating the date on which the disposal was made or treated as made, or the date on which (or period within which) the Commissioners believe it was made; (c) explaining why the Commissioners believe that the person to whom the notification is sent is liable to pay tax on the disposal; (d) describing the methods used to calculate the amount of tax, including the method used by the Commissioners to determine the weight of the material disposed of; (e) containing any other information prescribed by regulations. (3) An assessment under this section is not invalidated by any inaccuracy in the information given in the notice under subsection (2). (4) An assessment under this section— (a) may relate to more than one taxable disposal; (b) may relate to an unascertained number of taxable disposals; (c) may relate to taxable disposals at more than one location. (5) An assessment under this section shall not be made more than two years after evidence of facts, sufficient in the Commissioners' opinion to justify the making of the assessment, comes to their knowledge. But where further such evidence comes to their knowledge after the making of an assessment under this section another assessment may be made under this section in addition to any earlier assessment. (6) Where an amount has been assessed and notified to a person under this section it shall be deemed to be an amount of tax due from the person and may be recovered accordingly unless, or except to the extent that, the assessment has subsequently been withdrawn or reduced.

Assessment: supplementary and consequential amendments

24

In section 54 (appeals), in subsection (2)—

• (a) for “it is an assessment” substitute

it is— (a) an assessment

;

• (b) at the end insert

, or (b) an assessment under section 50A.

25

• (1) Schedule 5 is amended as follows.

• (2) In paragraph 27 (interest on unpaid tax etc)—

• (a) after sub-paragraph (8) insert—

(8A) Sub-paragraph (8B) below applies where under section 50A of this Act the Commissioners assess an amount as being due from a person who is not a registered person in respect of a taxable disposal and notify it to the person. (8B) The amount shall carry interest for the period which— (a) begins with the day (or the last day of the period) notified under section 50A(2)(b), and (b) ends with the day before that on which the amount is paid.

;

• (b) in sub-paragraph (13)—

• (i) in paragraph (a), after “or (7)” insert “ or (8A) ”;

• (ii) in the words after paragraph (c), after “or (8)” insert “ or (8B) ”.

• (3) In paragraph 33 (assessments: time limits)—

• (a) in sub-paragraph (1)(a), after “section 50” insert “ or 50A ”;

• (b) in sub-paragraph (1A), omit the word “or” at the end of paragraph (a) and after that paragraph insert—

(aa) in the case of an assessment under section 50A, evidence of facts, sufficient in the Commissioners' opinion to justify the making of the assessment, coming to their knowledge, or

.

• (4) In paragraph 36 (the register: publication)—

• (a) for the heading substitute “ Publication of information by Commissioners ”;

• (b) after sub-paragraph (2) insert—

(2A) The Commissioners may publish, by such means as they think fit— (a) the names of persons assessed to tax under section 50A in respect of taxable disposals not made at a landfill site; (b) the addresses of any places used by persons within paragraph (a) for making taxable disposals or otherwise for carrying on business. This sub-paragraph does not apply where the assessment in question is subject to an outstanding appeal.

PART 2 — Amendments of other Acts

FA 2008

26

• (1) Schedule 36 to FA 2008 (information and inspection powers) is amended as follows.

• (2) In paragraph 60 (business), after sub-paragraph (1) insert—

(1A) A person who under section 41 of FA 1996 is liable to pay landfill tax charged on a taxable disposal is treated for the purposes of this Schedule (subject to regulations under this paragraph) as carrying on a business.

• (3) In paragraph 61A (involved third parties), in entry 12 of the table, for “landfill disposal” substitute “ disposal of material ”.

27

• (1) Schedule 41 to that Act (penalties: failure to notify etc) is amended as follows.

• (2) In the table in paragraph 1, in the entry for landfill tax, for “section 47(2) and (3)” substitute “ section 47(2), (3) and (3A) ”.

• (3) After paragraph 3 insert—

(3A) A penalty is payable by a person (“P”) where P does an act which enables HMRC to assess an amount as landfill tax due from P under section 50A of FA 1996.

• (4) In paragraph 5 (degrees of culpability), in sub-paragraph (3), after “a relevant excise provision” insert “ , or to assess an amount of landfill tax as due from P under section 50A of FA 1996, ”.

• (5) After paragraph 6C insert—

(6CA) (1) The penalty payable under paragraph 3A is— (a) for a deliberate and concealed act or failure, 100% of the potential lost revenue, and (b) for a deliberate but not concealed act or failure, 70% of the potential lost revenue. (2) No penalty is payable under paragraph 3A in any other case.

• (6) In paragraph 7 (potential lost revenue)—

• (a) after sub-paragraph (8) insert—

(8A) In the case of a relevant obligation under section 47 of FA 1996 (which relates to landfill tax), the potential lost revenue is the amount of tax (if any) for which P is liable for the period— (a) beginning with the date with effect from which P is required in accordance with that section to be registered or (as the case may be) from which the Commissioners may register P under that section, and (b) ending with the day on which HMRC received notification of, or otherwise became fully aware of, P's liability to be registered or (as the case may be) the Commissioners' power to register P.

;

• (b) in sub-paragraph (9) omit “, landfill tax”.

• (7) After paragraph 9 insert—

(9A) In the case of the doing of an act which enables HMRC to assess an amount of landfill tax as due under section 50A of FA 1996, the potential lost revenue is the amount of the tax which may be assessed as due.

FA 2011

28

In FA 2011, in Schedule 23 (data-gathering powers), in paragraph 25(c), for “landfill disposal” substitute “ disposal of material ”.

PART 3 — Commencement and transitional provisions

Commencement

29

• (1) The amendments made by this Schedule have effect in relation to disposals that are made (or treated as made) on or after 1 April 2018.

• (2) Sub-paragraph (1) does not apply to the amendments made by paragraph 17 (as to which, see paragraph 30).

Registration

30

• (1) In section 47 of FA 1996 as it has effect following the amendments made by this Schedule—

• (a) the reference to taxable activities in subsection (3)(a) does not include taxable activities that are to be carried out elsewhere than at a landfill site before 1 April 2018;

• (b) subsection (3A) has effect only where the intention of carrying out taxable activities elsewhere than at a landfill site is formed on or after 1 April 2018;

• (c) subsection (4), as it applies in relation to taxable activities carried out elsewhere than at a landfill site, has effect only where the person ceases on or after 1 April 2018 to have the intention of carrying out the activities;

• (d) subsection (5A), as it applies in relation to taxable activities carried out before 1 April 2018, has effect as if “1 April 2018” were substituted for “ the date when the person begins carrying out those activities ”.

• (2) Where a person is registered under section 47 of FA 1996 immediately before the day on which this Act is passed, the registration continues after that day until terminated in accordance with that section (as amended by paragraph 17) or otherwise.

Disposals before April 2018 at places other than landfill sites

31

• (1) Where the Commissioners become aware of a disposal that—

• (a) has been made at a place other than a landfill site,

• (b) would, if made on or after 1 April 2018, require a permit or licence mentioned in subsection (4) of section 40 of FA 1996 (as that section has effect on that day), and

• (c) is not chargeable to tax apart from this paragraph,

the disposal is treated for the purposes of Part 3 of FA 1996 as having been made at that place on 1 April 2018.

• (2) But a person cannot be guilty of an offence, or liable to a civil penalty, solely as a result of the retrospective effect of this paragraph.

32

• (1) A person who is liable (by virtue of paragraph 31) to pay tax on a disposal made before 1 April 2018 at a place other than a landfill site must—

• (a) notify the Commissioners of the disposal, and

• (b) provide the Commissioners with the required information,

no later than 30 April 2018.

• (2) The required information is—

• (a) the place where the disposal was made;

• (b) the nature and weight of the material disposed of;

• (c) any other information prescribed by regulations.

• (3) Subsections (2), (3), (6), (8) and (9) of section 71 of FA 1996 (orders and regulations) apply to regulations under sub-paragraph (2)(c) as they apply to regulations under Part 3 of that Act.

33

Schedule 41 to FA 2008 (penalties: failure to notify etc) has effect as if—

• (a) the obligation under paragraph 32 above were an obligation specified in the Table in paragraph 1 of that Schedule;

• (b) a reference in paragraph 6CA (inserted by paragraph 27(5) above) to paragraph 3A included a reference to paragraph 1 as it has effect by virtue of paragraph (a) above.

34

Paragraphs 31 to 33 come into force on 1 April 2018.

Interpretation

35

Expressions used in this Part of this Schedule that are defined for the purposes of Part 3 of FA 1996 have the same meaning in this Part of this Schedule as in Part 3 of that Act (as amended by this Schedule).

Income tax charge for tax year 2018-19

Deductions from seafarers' earnings

Exemption for armed forces' accommodation allowances

Intangible fixed assets: transactions between related parties

Reduction of relief in cases where losses relieved sideways etc

First-year tax credits

Reduction of relief in cases where losses relieved sideways etc

Countering effect of avoidance arrangements

Double taxation arrangements specified by Order in Council

Bank levy

Online marketplaces

Relief for first-time buyers

Online marketplaces

VAT refunds to public authorities

Air passenger duty: rates of duty from 1 April 2019

Landfill tax: disposals not made at landfill sites, etc

VED: rates for light passenger vehicles, light goods vehicles, motorcycles etc

Tobacco products duty: rates

Power to enter premises and inspect goods

Power to search vehicles or vessels

Interpretation

Application of Chapter 2 of Part 7A to ITEPA 2003

Double taxation

ITEPA 2003

ITTOIA 2005

CTA 2009

F(No.2)A 2017

Information requirement

PAYE: employee of non-UK employer

Amendments of and relating to Part 4 of the Finance Act 2004

Commencement

Meaning of “Master Trust scheme”: transitional provision

Master Trust schemes registered before the passing of this Act

Amount of EIS relief

Maximum amount raised annually by knowledge-intensive company

Initial investing period: permitted age of knowledge-intensive company

Commencement

Relaxation of restriction where there is a linked sale

The 70% qualifying holdings condition

The minimum investment on further issue condition

Non-qualifying loans

Qualifying holdings: exclusions

Commencement

Introductory

Meaning of “tax” etc and treatment of cases where tax charged at a nil rate

CFCs and foreign CFCs: qualifying CFC amounts

Hybrid and other mismatches from financial instruments: qualifying capital amounts

Hybrid transfer deduction/non-inclusion mismatches: qualifying capital amounts

Hybrid payee deduction/non-inclusion mismatches

Multinational payee deduction/non-inclusion mismatches

Hybrid entity double deduction mismatches: use of restricted deduction

Imported mismatches: dual inclusion income

Adjustments in light of subsequent events: accounting treatment

Commencement

Introductory

Hedging of tax-interest expense amounts or tax-interest income amounts etc

Group ratio: leaving R&D expenditure credits out of account

Public infrastructure

Identifying members of a worldwide group

Interest restriction returns

Other amendments

Commencement

Introductory

Chargeable equity and liabilities: relevant groups and relevant entities

Definition of “UK allocated equity and liabilities”

Consequential amendments

Introductory

Joint ventures

Joint and several liability

Meaning of “the responsible member”

International accounting standards

TCGA 1992

ITTOIA 2005

ITA 2007

Consequential amendments

Commencement etc of amendments in ITTOIA 2005 and ITA 2007

Previous residence required to be disposed of entirely

Exception where purchaser has prior interest in purchased dwelling

Exception where spouses and civil partners purchasing from one another

Property adjustment on divorce, dissolution of civil partnership etc

Purchase etc by person appointed under Mental Capacity Act 2005 to make decisions for a child

Minor and consequential amendments

Commencement

Introduction

Taxable disposals

Liability to pay landfill tax

Exemptions

Taxable activities

Taxable disposals etc: supplementary and consequential amendments

Registration

Registration: supplementary and consequential amendments

Assessment

Assessment: supplementary and consequential amendments

FA 2008

FA 2011

Commencement

Registration

Disposals before April 2018 at places other than landfill sites

Interpretation

Editorial notes

[^c23067151]: Sch. 3 para. 1(1)(2)(5)(8)(9) in force at Royal Assent, Sch. 3 para. 1(3)(4)(6)(7) in force at Royal Assent for specified purposes and in force at 6.4.2018 for further specified purposes, see Sch. 3 para. 2

[^key-eeda07cccb7be1ef8486ec3a24334437]: S. 14(1)(2) in force at 15.3.2018 for the purposes of the amendments made by those subsections by S.I. 2018/931, reg. 2(a)

[^key-4b583dc2ade814a9234398318471dffc]: S. 14(3) in force at 15.3.2018 for the purposes of the amendments made by that subsection by S.I. 2018/931, reg. 2(b)

[^key-c79633e30fe216d538ef97520bf08be0]: Sch. 5 para. 7 in force at 15.3.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(d) (with reg. 5)

[^key-b33a11328914df843707c9954f9398e3]: Sch. 4 para. 1 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(a)

[^key-14e3cc57b971003f6c43f5e26e194b70]: Sch. 4 para. 2 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(a)

[^key-528c0fe97e70533bc0190bc943cdfe46]: Sch. 4 para. 5 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(a)

[^key-7b5d7a88d4c1ef3c7386860165e225f2]: Sch. 4 para. 6 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(a)

[^key-c4bcd94a15ca6dfaabefdf14d7d9daa0]: Sch. 4 para. 3 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(b)

[^key-c57eff9f0b63c200cf3360e0e1988443]: Sch. 4 para. 4 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(b)

[^key-f99c416114c529caf7f0c44ab421f957]: Sch. 4 para. 7 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(b)

[^key-7ce1d1f691109fe45d3c5f614b9afa20]: Sch. 4 para. 8 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(b)

[^key-0e594d44db8c2863e4f88f539105b3c7]: Sch. 4 para. 9 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 3(b)

[^key-3e2cd98a4b5174f001cba1db1235ab90]: Sch. 5 para. 5 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(c)

[^key-e92a3a2ab27d94add72388e7274347bb]: Sch. 5 para. 6 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(c)

[^key-7fdd0adfca3d7b807d5c773af2e15452]: Sch. 5 para. 8 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(e)

[^key-b21bace6c81bac726c65de0b00e17e7f]: Sch. 5 para. 9 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(e)

[^key-1b2d676a7151c2701e5d09c84715826c]: Sch. 5 para. 10 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(e)

[^key-388df35a420c7313cfa08a264a465432]: Sch. 5 para. 11 in force at 6.4.2018 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(e)

[^key-9f93b53ae766f37dc8f9775877e4ecbc]: S. 29 repealed (with effect in accordance with s. 33(5) of the amending Act) by Finance Act 2019 (c. 1), s. 33(2)(c)(xiv)

[^key-6dbad8dd83e70f47631e5d8b10ec0e94]: Sch. 5 para. 2 in force at 6.4.2019 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(a)

[^key-dde1766e1105b4cd44b4d282893285fc]: Sch. 5 para. 3 in force at 6.4.2019 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(a)

[^key-b69c67390bae0748de687c17c7671506]: Sch. 5 para. 4 in force at 6.4.2019 for the purposes of the amendments made by that paragraph by S.I. 2018/931, reg. 4(b)

[^key-f0ac997e00b4a390bc1e6f8880d3df83]: S. 8(1) has effect as specified by The Finance Act 2018, Section 8(1) (Commencement) Regulations 2019 (S.I. 2019/1160), reg. 2

[^key-e613c97f7fd0eb6c1f401543948cccae]: Sch. 8 para. 13 omitted (with effect in accordance with Sch. 3 paras. 30-36 of the amending Act) by virtue of Finance (No. 2) Act 2023 (c. 30), Sch. 3 para. 29

Corporation tax charge for financial year 2019

Deductions from seafarers' earnings

Benefits in kind: diesel cars

Employment income provided through third parties

Depreciatory transactions within a group of companies

Countering effect of avoidance arrangements

Double taxation arrangements specified by Order in Council

Fixed rate deduction for expenditure on vehicles etc

Carried interest

VAT refunds to public authorities

VED: rates for light passenger vehicles, light goods vehicles, motorcycles etc

Tobacco products duty: rates

Power to enter premises and inspect goods

CO2 emissions figures etc

Short title