Most Gracious Sovereign WE, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Most Gracious Sovereign
Income tax, corporation tax and capital gains tax
Income tax
Income tax is charged for the year 2015-16.
For that tax year—
the basic rate is 20%,
the higher rate is 40%, and
the additional rate is 45%.
For the tax year 2015-16—
the amount specified in section 37(2) of ITA 2007 (income limit for personal allowance for those born before 6 April 1938) is replaced with “ £27,700 ”,
the amount specified in section 38(1) of that Act (blind person's allowance) is replaced with “ £2,290 ”,
the amount specified in section 43 of that Act (“minimum amount” for calculating tax reductions for married couples and civil partners) is replaced with “ £3,220 ”,
the amount specified in section 45(3)(a) of that Act (amount for calculating allowance in relation to marriages before 5 December 2005 where spouse is 75 over) is replaced with “ £8,355 ”,
the amount specified in section 45(4) of that Act (income limit for calculating allowance in relation to marriages before 5 December 2005) is replaced with “ £27,700 ”,
the amount specified in section 46(3)(a) of that Act (amount for calculating allowance in relation to marriages and civil partnerships on or after 5 December 2005 where spouse or civil partner is 75 or over) is replaced with “ £8,355 ”, and
the amount specified in section 46(4) of that Act (income limit for calculating allowance in relation to marriages and civil partnerships on or after 5 December 2005) is replaced with “ £27,700 ”.
Section 2 of FA 2014 (basic rate limit for 2015-16 and personal allowances from 2015) is amended as set out in subsections (2) and (3).
In subsection (1)(b) (amount specified for 2015-16 in section 35(1) of ITA 2007 (personal allowance for those born after 5 April 1938)), for “ “£10,500”” substitute “ “£10,600” ”.
In subsection (8) (amendments of section 57 of ITA 2007), omit the “and” at the end of paragraph (a) and after that paragraph insert—.
In section 55B(4)(a) of ITA 2007 (transferable tax allowance for married couples and civil partners: entitlement to tax reduction), for “£1,050” substitute “ £1,060 ”.
The amendments made by subsections (3) and (4) have effect for the tax year 2015-16 and subsequent tax years.
The amount specified in section 10(5) of ITA 2007 (basic rate limit) is replaced—
for the tax year 2016-17, with “£32,000”, and
for the tax year 2017-18, with “£33,500”.
Accordingly, for those tax years section 21 of that Act (indexation of limits), so far as relating to the basic rate limit, does not apply.
The amount specified in section 35(1) of ITA 2007 (personal allowance for those born after 5 April 1938) is replaced—
for the tax year 2016-17, with “£11,000”, and
for the tax year 2017-18, with “£11,500”.
Accordingly, for those tax years, section 57 of that Act (indexation of allowances), so far as relating to the amount specified in section 35(1) of that Act, does not apply.
In section 35 of that Act (personal allowance for those born after 5 April 1938)—
for paragraphs (a) and (b) substitute “ meets the requirements of section 56 (residence etc). ”, and
for the heading substitute “ Personal allowance ”.
Omit section 37 of that Act (personal allowance for those born before 6 April 1938).
In section 45(4) of that Act (marriages before 5 December 2005), for paragraphs (a) and (b) substitute “ half the excess ”.
In section 46(4) of that Act (marriages and civil partnerships on or after 5 December 2005), for paragraphs (a) and (b) substitute “ half the excess ”.
In section 55B of that Act (transferable tax allowance for married couples and civil partners: tax reduction: entitlement), in subsection (6) omit “or 37”.
In section 55C of that Act (election to reduce personal allowance), in subsections (1)(b) and (2), omit “or 37”.
In section 57 of that Act (indexation of allowances)—
in subsection (1)(a), for the words following “35(1)” substitute “ (personal allowance) ”,
in subsection (1)(h), omit “37(2),”, and
in subsection (4), omit “37(2),”.
The amendments made by subsections (3) to (10) have effect for the tax year 2016-17 and subsequent tax years.
Corporation tax
Corporation tax is charged for the financial year 2016.
For that year the main rate of corporation tax is 20%.
ITEPA 2003 is amended as follows.
Section 139 (car with a CO 2 figure: the appropriate percentage) is amended as set out in subsections (3) and (4).
In subsection (2)—
in paragraph (a), for “7%” substitute “ 9% ”,
in paragraph (aa), for “11%” substitute “ 13% ”, and
in paragraph (b), for “15%” substitute “ 17% ”.
In subsection (3), for “16%” substitute “ 18% ”.
In section 140(2) (car without a CO 2 figure: the appropriate percentage), in the Table—
for “16%” substitute “ 18% ”, and
for “27%” substitute “ 29% ”.
In section 142(2) (car first registered before 1 January 1998: the appropriate percentage), in the Table—
for “16%” substitute “ 18% ”, and
for “27%” substitute “ 29% ”.
The amendments made by this section have effect for the tax year 2017-18.
ITEPA 2003 is amended as follows.
Section 139 (car with a CO 2 figure: the appropriate percentage) is amended as set out in subsections (3) and (4).
In subsection (2)—
in paragraph (a), for “9%” substitute “ 13% ”,
in paragraph (aa), for “13%” substitute “ 16% ”, and
in paragraph (b), for “17%” substitute “ 19% ”.
In subsection (3), for “18%” substitute “ 20% ”.
In section 140(2) (car without a CO 2 figure: the appropriate percentage), in the Table—
for “18%” substitute “ 20% ”, and
for “29%” substitute “ 31% ”.
In section 142(2) (car first registered before 1 January 1998: the appropriate percentage), in the Table—
for “18%” substitute “ 20% ”, and
for “29%” substitute “ 31% ”.
The amendments made by this section have effect for the tax year 2018-19 and subsequent tax years.
In section 141(2) of ITEPA 2003 (diesel cars: the appropriate percentage), in Step 3, for “35%” substitute “ 37% ”.
The amendment made by this section has effect for the tax year 2015-16.
ITEPA 2003 is amended as follows.
In section 155 (cash equivalent of the benefit of a van), for subsections (1) and (2) substitute—
In section 156(1) (reduction for periods when van unavailable), for “155(1)” substitute “ 155 ”.
In section 158(1) (reduction for payments for private use), for “155(1)” substitute “ 155 ”.
In section 160(1)(c) (benefit of fuel treated as earnings), for “section 155(1)(b)” substitute “ section 155(1B)(b) ”.
In section 170 (orders etc relating to Chapter 6 of Part 3), for subsection (1A) substitute—
Article 3 of the Van Benefit and Car and Van Fuel Benefit Order 2014 (S.I. 2014/2896) is revoked.
The amendments made by this section have effect for the tax year 2015-16 and subsequent tax years.
In Part 4 of ITEPA 2003 (employment income: exemptions) after Chapter 7 insert—
The amendment made by this section has effect for the tax year 2016-17 and subsequent tax years.
ITEPA 2003 is amended as follows.
Omit section 65 (dispensations relating to benefits for certain employees).
Omit section 96 (dispensations relating to vouchers or credit-tokens).
Accordingly—
in section 95 (disregard for money, services or goods obtained), omit subsection (1)(b) and the “or” before it, and
in Schedule 7 (transitionals and savings), omit paragraphs 15, 16, 19 and 20 and the italic headings before paragraphs 15 and 19.
The amendments made by this section have effect for the tax year 2016-17 and subsequent tax years.
Accordingly, sections 65(6) to (9) and 96(5) to (8) of ITEPA 2003 continue to have effect in relation to a pre-commencement dispensation.
Omit Chapter 11 of Part 3 of ITEPA 2003 (taxable benefits: exclusion of lower-paid employments from parts of benefits code).
In Part 4 of that Act (employment income: exemptions), after section 290B insert—
Schedule 1 contains amendments relating to subsections (1) and (2).
The amendments made by this section and Schedule 1 have effect for the tax year 2016-17 and subsequent tax years.
Part 4 of ITEPA 2003 (employment income: exemptions) is amended as follows.
In Chapter 8 (exemptions: special kinds of employees), after section 306 insert—
In section 228 (effect of exemptions on liability under provisions outside Part 2), in subsection (2)(d), after “291” insert “ and 306A ”.
The amendments made by this section have effect for the tax year 2016-17 and subsequent tax years.
In section 640A of ITEPA 2003 (lump sums provided under armed forces early departure scheme), at the end insert “ or the Armed Forces Early Departure Payments Scheme Regulations 2014 (S.I. 2014/2328) ”.
Subsection (1) comes into force on 1 April 2015.
ITEPA 2003 is amended as follows.
In Part 1 of Table B in section 677(1) (UK social security benefits wholly exempt from tax), at the appropriate place insert—
In Part 1 of Schedule 1 (abbreviations of Acts and instruments), at the appropriate place insert—
The amendments made by this section have effect in accordance with regulations made by the Treasury.
Regulations under subsection (4) may make different provision for different purposes.
Section 1014(4) of ITA 2007 (regulations etc subject to annulment) does not apply in relation to regulations under subsection (4).
Section 684 of ITEPA 2003 (PAYE regulations) is amended as follows.
In the list in subsection (2), after item 1 insert—
For subsection (3) substitute—
Section 100 of TMA 1970 (determination of penalties by officer of Board) is amended as follows.
In subsection (2)(c), after “those amendments” insert “ , subject to subsection (2A) ”.
After subsection (2) insert—
Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc from UK resident companies and tax treated as paid in respect of certain distributions) is amended in accordance with subsections (2) to (6).
After section 396 insert—
In section 382 (contents of Chapter 3), in subsection (1), omit the “and” at the end of paragraph (b) and after paragraph (c) insert
In section 385 (person liable), in subsection (1)(a) for “and 389(3)” substitute “ , 389(3) and 396A ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 481 of ITA 2007 (other amounts to be charged at special rates for trustees), in subsection (3), after “Type 1” insert “ or Type 12 ”.
In section 482 of that Act (types of amount to be charged at special rates for trustees), at the end insert— “ Type 12 Income treated as arising to the trustees under section 396A of ITTOIA 2005 (arrangements offering a choice of income or capital return). ”
In section 1100 of CTA 2010 (qualifying distributions: right to request a statement), after subsection (6) insert—
The amendments made by subsections (2) to (4), (7) and (8) have effect in relation to things received on or after 6 April 2015 (even if the choice to receive them was made before that date).
Chapter 2 of Part 8 of ITA 2007 (gift aid) is amended as follows.
In section 416 (meaning of “qualifying donation” for the purpose of gift aid relief)—
in subsection (1)(b)—
after “the individual” insert “ , or an intermediary representing the individual, ” and
after “the charity” insert “ , or an intermediary representing the charity, ”, and
after subsection (1) insert—
For section 428(3) (regulations in relation to gift aid declarations) substitute—
The amendments made by this section have effect in relation to gifts made on or after a day appointed in regulations made by the Treasury.
Section 1014(4) of ITA 2007 (regulations etc subject to annulment) does not apply to regulations under subsection (4).
In Part 13 of ITA 2007 (tax avoidance), after Chapter 5D insert—
In section 2 of ITA 2007 (overview of Act), in subsection (13)—
after paragraph (h) insert—;
after paragraph (ha) insert—.
In Schedule 4 to ITA 2007 (index of defined expressions), at the appropriate places insert—.
The amendments made by subsections (1), (2)(b) and (3) have effect in relation to sums arising on or after 6 April 2015 (whenever the arrangements under which the sums arise were made).
Chapter 7 of Part 4 of ITA 2007 (losses from miscellaneous transactions) is amended as follows.
In section 152 (losses from miscellaneous transactions)—
for subsection (1) substitute—;
in subsection (2)(a), for “section 1016 income” substitute “ income on which income tax is charged under, or by virtue of, a relevant section 1016 provision (“the relevant provision”) ”;
after subsection (2) insert—;
in subsection (4), after “person's” insert “ relevant ”;
in subsection (5), for “A person's miscellaneous income” substitute “ The person's “relevant miscellaneous income”, in relation to the loss, ”;
for paragraph (b) of that subsection substitute—;
in subsection (7), before “miscellaneous”, in both places it appears, insert “ relevant ”;
omit subsection (8);
in subsection (9), omit the “and” at the end of paragraph (b) and after that paragraph insert—.
In section 153 (how relief works), before “miscellaneous”, in each place it appears, insert “ relevant ”.
In section 154 (transactions in deposit rights), in subsection (3)—
after “against” insert “ relevant ”, and
for the words from the second “miscellaneous” to the end substitute “ relevant miscellaneous income, for the tax year, in relation to the loss. ”
Before section 155 (time limit for claiming relief), but after the italic heading before that section (supplementary), insert—
In section 155 (time limit for claiming relief), in subsections (1) and (2), before “miscellaneous” insert “ relevant ”.
In consequence of subsection (2)(h), in FA 2009, omit section 69.
The amendments made by subsections (2)(a) to (h), (3), (4), (6) and (7)—
have effect for the tax year 2015-16 and subsequent tax years, and
apply in relation to a loss whether it is made before, during or after that tax year.
The amendments made by subsections (2)(i) and (5) have effect in relation to losses and income arising on or after 3 December 2014 directly or indirectly in consequence of, or otherwise in connection with, relevant tax avoidance arrangements (whenever the arrangements are made).
Subsection (4) of section 154A of ITA 2007 (inserted by subsection (5) of this section) applies in relation to loss relief, under section 152 of that Act, for losses whenever made.
In relation to income arising on or after 3 December 2014 but before the beginning of the tax year 2015-16, section 154A of ITA 2007 has effect as if for paragraph (a) of subsection (3) of that section there were substituted—.
In Chapter 3 of Part 15 of ITA 2007 (deduction of tax from certain payments of yearly interest), after section 888 insert—
Any power conferred on the Treasury by virtue of subsection (1) to make regulations comes into force on the day on which this Act is passed.
So far as not already brought into force by subsection (2), the amendment made by this section comes into force on such day as the Treasury may by regulations appoint.
Section 1014(4) of ITA 2007 (regulations etc subject to annulment) does not apply to regulations under subsection (3).
Chapter A1 of Part 14 of ITA 2007 (remittance basis) is amended as follows.
In section 809C (claim for remittance basis by long-term UK resident: nomination of foreign income and gains to which section 809H(2) is to apply)—
in subsection (1)(b), after “meets” insert “ the 17-year residence test, ”;
after subsection (1) insert—;
in subsection (1A), after “the individual” insert—;
in subsection (1B)(a), after “meet” insert “ the 17-year residence test or ”;
in subsection (4)—
before paragraph (a) insert—;
in paragraph (a), for “£50,000” substitute “ £60,000 ”.
In section 809H (claim for remittance basis by long-term UK resident: charge)—
in subsection (1)(c), after “meets” insert “ the 17-year residence test, ”;
in subsection (1A)—
for “809C(1A)” substitute “ 809C(1ZA), (1A) ”;
after “meets” insert “ the 17-year residence test, ”;
in subsection (5B)—
before paragraph (a) insert—;
in paragraph (a), for “£50,000” substitute “ £60,000 ”.
The amendments made by this section have effect for the tax year 2015-16 and subsequent tax years.
Part 5 of CTA 2009 (loan relationships) is amended as follows.
Omit the following provisions—
section 374 (connection between debtor and person standing in position of creditor),
section 377 (party to loan relationship having major interest in other party),
section 407 (postponement until redemption of debits for connected companies' deeply discounted securities), and
section 408 (companies connected for section 407).
In section 372 (introduction to Chapter 8), in subsection (3)—
omit paragraph (a),
at the end of paragraph (b), insert “ and ”, and
omit paragraph (c) (including the “and” at the end).
In section 373 (late interest treated as not accruing until paid in some cases), in subsection (1)(b), for “374, 375, 377” substitute “ 375 ”.
In section 406 (introduction to provisions dealing with deeply discounted securities)—
omit subsection (1)(a), and
in subsections (2), (3) and (4), for “407” substitute “ 409 ”.
Subsections (2)(a) and (b), (3) and (4) have effect—
in relation to debtor relationships entered into by a company on or after 3 December 2014, and
in relation to debtor relationships entered into by a company before 3 December 2014, where the actual accrual period (within the meaning of Chapter 8 of Part 5 of CTA 2009) begins on or after 1 January 2016.
Subsections (2)(c) and (d) and (5) have effect—
in relation to debtor relationships entered into by a company on or after 3 December 2014, and
in relation to debtor relationships entered into by a company before 3 December 2014, where the relevant period (within the meaning of section 407 of CTA 2009) begins on or after 1 January 2016.
Subsections (6)(b) and (7)(b) are subject to subsections (9) to (14).
In the case of a company which has an accounting period beginning before 1 January 2016 and ending on or after that date (“the straddling period”), so much of the straddling period as falls before that date, and so much of that period as falls on or after that date, are treated for the purposes of subsections (6)(b) and (7)(b) as separate accounting periods.
If a debtor relationship entered into by a company before 3 December 2014 is modified on or after 3 December 2014 and before 1 January 2016, subsections (2)(a) and (b), (3) and (4) have effect in relation to that debtor relationship where the actual accrual period (within the meaning of Chapter 8 of Part 5 of CTA 2009) begins on or after the date on which the modification takes effect.
For the purposes of subsection (10) a debtor relationship of a company is modified if—
there is a material change in the terms of the relationship, or
there is a change in the person standing in the position of creditor.
If a the terms of a deeply discounted security issued by a company before 3 December 2014 are modified on or after 3 December 2014 and before 1 January 2016, subsections (2)(c) and (d) and (5) have effect in relation to the debtor relationship represented by that security where the relevant period (within the meaning of section 407 of CTA 2009) begins on or after the day on which the modification takes effect.
For the purposes of subsection (12) the terms of a deeply discounted security are modified if—
there is a material change in the terms of the security, or
there is a change in the person standing in the position of creditor.
Where subsection (10) or (12) applies, an accounting period is to be taken for the purposes of that subsection to end immediately before the day on which the modification takes effect, and a new accounting period is to be taken for those purposes to begin with that day.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CTA 2009 is amended as follows.
In Chapter 6A of Part 3 (trade profits: R&D expenditure credits), in section 104M (amount of R&D expenditure credit), in subsection (3), for “10%” substitute “ 11% ”.
In Chapter 2 of Part 13 (relief for SMEs: cost of R&D incurred by SME)—
in section 1044 (additional deduction in calculating profits of trade), in subsection (8), for “125%” substitute “ 130% ”,
in section 1045 (alternative treatment for pre-trading expenditure: deemed trading loss), in subsection (7), for “225%” substitute “ 230% ”, and
in section 1055 (tax credit: meaning of “Chapter 2 surrenderable loss”), in subsection (2)(b), for “225%” substitute “ 230% ”.
In consequence of subsection (3), in Schedule 3 to FA 2012, omit paragraph 2(2) to (4).
The amendments made by this section have effect in relation to expenditure incurred on or after 1 April 2015.
CTA 2009 is amended as follows.
In Part 13 (additional relief for expenditure on research and development), in section 1126 (software or consumable items: attributable expenditure), after subsection (6) insert—
After section 1126 insert—
In each of the following, after “1126” insert “ to 1126B ”
section 104D(5);
section 104E(5);
section 104G(6);
section 104H(7);
section 104J(6);
section 104K(7);
section 1052(7);
section 1053(6);
section 1066(5);
section 1067(5);
section 1071(7);
section 1072(8);
section 1077(6);
section 1078(7);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 104Y(2), for “and 1126” substitute “ to 1126B ”.
In section 1310(4) (orders and regulations subject to affirmative procedure), after paragraph (za) insert—.
The amendments made by this section have effect in relation to expenditure incurred on or after 1 April 2015.
Part 15 of CTA 2009 (film production) is amended as follows.
In section 1184 (definitions of terms including “limited-budget film”)—
omit subsections (2) and (3), and
in the heading for that section omit “and “limited-budget film””.
For section 1200(3) (film tax relief: amount of additional deduction: rate of enhancement) substitute—
In section 1202 (surrendering of loss and amount of film tax credit)—
in subsection (2) for “R is the payable credit rate (see subsection (3))” substitute “ R is 25% ”, and
omit subsection (3).
Omit section 1215 (film tax relief on basis that film is limited-budget film).
In Schedule 4 (index of defined expressions) omit the entry for “limited-budget film”.
In consequence of subsection (4), in section 32 of FA 2014—
omit subsection (3),
in subsection (4) for “amendments made by subsections (2) and (3) have” substitute “ amendment made by subsection (2) has ”,
omit subsection (5), and
in subsection (7) for “sections 1198(1) and 1202(2) and (3)” substitute “ section 1198(1) ”.
The amendments made by this section have effect in relation to films the principal photography of which is not completed before such day as the Treasury may specify by regulations.
The specified day may be before the day on which the regulations are made, but may not be before 1 April 2015.
Section 1171(4) of CTA 2010 (orders and regulations subject to negative resolution procedure) does not apply in relation to any regulations made under subsection (8).
Part 15A of CTA 2009 (television production reliefs) is amended as follows.
In section 1216AB(2) (programmes that are not animation can be relevant programmes only if conditions C and D are met in addition to conditions A and B) for “not animation” substitute “ neither animation nor a children's programme ”.
In section 1216AB(3) (condition A: types of programme that can be relevant programmes)—
omit the “or” after paragraph (b), and
after paragraph (c) insert
In section 1216AC (types of programme: definitions) after subsection (2) insert—
In section 1216AD(1) (meaning of “excluded programme”) after “For the purposes of this Part” insert “ , but subject to section 1216ADA, ”.
After section 1216AD insert—
The amendments made by this section have effect in relation to accounting periods beginning on or after 1 April 2015.
Subsections (9) and (10) apply where—
a company has an accounting period beginning before, and ending on or after, 1 April 2015 (“the straddling period”),
in the part of the straddling period beginning with 1 April 2015 and ending with the end of the straddling period, the company carries on activities in relation to a television programme that—
is within the definition of “children's programme” given by the new section 1216AC(2A), but
is not a relevant programme for the purposes of Part 15A of CTA 2009, and
if that part of the straddling period were a separate accounting period, in that separate accounting period—
the programme would be a relevant programme for the purposes of Part 15A of CTA 2009,
the company would for those purposes be the television production company in relation to the programme, and
the conditions for television tax relief (see section 1216C(2) of CTA 2009) would be met in relation to the programme.
For the purposes of calculating for corporation tax purposes the company's profits or losses for the straddling period of its activities in relation to the programme—are to be treated as separate accounting periods.
so much of the straddling period as falls before 1 April 2015, and
so much of that period as falls on or after that date,
Any amounts brought into account for the purposes of calculating for corporation tax purposes the company's profits or losses for the straddling period of its activities in relation to the programme are to be apportioned to the two separate accounting periods on such basis as is just and reasonable.
In section 1216CE(1) of CTA 2009 (television tax relief: UK expenditure condition) for “25%” substitute “ 10% ”.
The amendment made by subsection (1) has effect in relation to relevant programmes the principal photography of which is not completed before 1 April 2015.
Schedule 2 contains provision restricting the amount of deductions which banking companies may make in respect of certain losses carried forward from previous accounting periods.
Schedule 3 contains provision restricting the circumstances in which companies may make a deduction in respect of certain losses carried forward from previous accounting periods.
Pensions
Schedule 4 contains provision about pension annuities, and other pension, paid in respect of deceased members of pension schemes.
Flood and coastal defence
Schedule 5 makes provision about relief for contributions to flood and coastal erosion risk management projects.
Investment reliefs
Schedule 6 makes provision about excluded activities for the purposes of the following provisions of ITA 2007—
Part 5 (enterprise investment scheme) and, by virtue of section 257DA(9) of that Act, Part 5A (seed enterprise investment scheme),
Part 5B (tax relief for social investments), and
Part 6 (venture capital trusts).
Capital gains tax
Schedule 7 contains provision about capital gains tax on the disposal of UK residential property interests—
by a person who is not resident in the United Kingdom, or
by an individual, in the overseas part of a split tax year.
Schedule 8 contains provision about the calculation of relevant high value disposals within the meaning of section 2C of TCGA 1992.
Schedule 9 contains amendments of TCGA 1992 in connection with private residence relief.
In section 45 of TCGA 1992 (exemption for certain wasting assets), after subsection (3) insert—
The amendment made by this section has effect—
for corporation tax purposes, in relation to disposals on or after 1 April 2015, and
for capital gains tax purposes, in relation to disposals on or after 6 April 2015.
Section 169K of TCGA 1992 (disposal associated with relevant material disposal) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3)—
for “the individual”, in the first place it occurs, substitute “ P ”, and
for “the withdrawal of the individual” substitute “ P's withdrawal ”.
After subsection (3) insert—
After subsection (5) insert—
The amendments made by this section have effect in relation to disposals made on or after 18 March 2015.
Chapter 3 of Part 5 of TCGA 1992 (entrepreneurs' relief) is amended as follows.
In section 169H (introduction), in subsection (3), for “section 169L” substitute “ sections 169L and 169LA ”.
In section 169L (relevant business assets), in subsection (2), after “including” insert “ , subject to section 169LA, ”.
After that section insert—
The amendments made by this section have effect in relation to qualifying business disposals made on or after 3 December 2014.
Section 169S of TCGA 1992 (entrepreneurs' relief - interpretation) is amended as follows.
After subsection (4) insert—
In subsection (5), omit the entry relating to “trading company” and “trading group” and the “and” preceding that entry.
For the purposes of conditions B and D in section 169I of TCGA 1992 (material disposal of business assets), any reference to a company ceasing to be a trading company or ceasing to be a member of a trading group does not include a case where a company ceases to be a trading company or ceases to be a member of a trading group by virtue only of the coming into force of subsections (2) and (3).
This section comes into force on 18 March 2015.
In Part 5 of TCGA 1992 (transfer of business assets) after Chapter 3 (entrepreneurs' relief) insert—
The amendment made by subsection (1) has effect in relation to cases where the disposal mentioned in the new section 169U(4)(a) or (b) is made on or after 3 December 2014.
Capital allowances
CAA 2001 is amended as follows.
In section 45DA(1)(a) (period during which first-year qualifying expenditure may be incurred), for “5 years” substitute “ 8 years ”.
Section 45DB (exclusions from allowances under section 45DA) is amended in accordance with subsections (4) to (7).
In subsection (7), omit “notified” (in both places).
In subsection (8), omit “to that extent”.
In subsection (11), omit the definition of “notified State aid”.
After that subsection insert—
The amendments made by subsections (3) to (7) have effect—
in relation to a relevant grant or relevant payment made at any time (whether before or on or after the specified day) towards expenditure incurred on or after that day, and
in relation to a relevant grant or relevant payment made on or after the specified day towards expenditure incurred before that day.
“The specified day” means—
for income tax purposes, 6 April 2015, and
for corporation tax purposes, 1 April 2015.
Schedule 10 contains provision about plant and machinery allowances.
Oil and gas
Schedule 11 contains provision enabling the ring fence expenditure supplement to be claimed for an additional 4 accounting periods (and as a result repeals provision for the extended ring fence expenditure supplement for onshore activities).
In section 330 of CTA 2010 (supplementary charge in respect of ring fence trades), in subsection (1), for “32%” substitute “ 20% ”.
The amendment made by subsection (1) has effect in relation to accounting periods beginning on or after 1 January 2015 (but see also subsection (3)).
Subsections (4) to (6) apply where a company has an accounting period beginning before 1 January 2015 and ending on or after that date (“the straddling period”).
For the purpose of calculating the amount of the supplementary charge on the company for the straddling period—
so much of that period as falls before 1 January 2015, and so much of that period as falls on or after that date, are treated as separate accounting periods, and
the company's adjusted ring fence profits for the straddling period are apportioned to the two separate accounting periods in proportion to the number of days in those periods.
Sections 330A and 330B of CTA 2010 do not apply in relation to the straddling period (but do apply in relation to the separate accounting period ending on 31 December 2014).
The amount of the supplementary charge on the company for the straddling period is the sum of the amounts of supplementary charge that would, in accordance with subsections (4) and (5), be chargeable on the company for those separate accounting periods.
In this section—“adjusted ring fence profits” has the same meaning as in section 330 of CTA 2010;“supplementary charge” means any sum chargeable under section 330(1) of CTA 2010 as if it were an amount of corporation tax.
Schedule 12 contains provision about the reduction of adjusted ring fence profits by means of an investment allowance.
Schedule 13 contains provision about the reduction of adjusted ring fence profits by means of a cluster area allowance.
Excise duties and other taxes
Petroleum revenue tax
OTA 1975 is amended as follows.
In section 1(2) (rate of petroleum revenue tax) for “50” substitute “ 35 ”.
In paragraph 17(5)(b) of Schedule 2 (relevant percentage in relation to the amount of loss which is treated as reducing assessable profit) after “60 per cent” insert “ if that later repayment period ends on or before 31 December 2015, and 45 per cent if it ends after 31 December 2015 ”.
The amendment made by subsection (2) has effect with respect to chargeable periods ending after 31 December 2015.
Alcohol
ALDA 1979 is amended as follows.
In section 5 (rate of duty on spirits), for “£28.22” substitute “ £27.66 ”.
In section 36(1AA) (rates of general beer duty)—
in paragraph (za) (rate of duty on lower strength beer), for “£8.62” substitute “ £8.10 ”, and
in paragraph (a) (standard rate of duty on beer), for “£18.74” substitute “ £18.37 ”.
In section 37(4) (rate of high strength beer duty), for “£5.29” substitute “ £5.48 ”.
In section 62(1A) (rates of duty on cider)—
in paragraph (b) (cider of strength exceeding 7.5% which is not sparkling cider) for “£59.52” substitute “ £58.75 ”, and
in paragraph (c) (other cider), for “£39.66” substitute “ £38.87 ”.
For Part 2 of the table in Schedule 1 substitute—.
The amendments made by this section are treated as having come into force on 23 March 2015.
ALDA 1979 is amended as set out in subsections (2) to (5).
In section 4 (interpretation)—
in subsection (1), in the definition of “wholesale”, after “ “wholesale”” insert “ (except in Part 6A) ”,
in the Table in subsection (3), at the appropriate place insert—, and
in subsection (4), after “Act” insert “ (except in Part 6A) ”.
After Part 6 insert—
In section 90 (procedure for regulations)—
after subsection (1) insert—, and
in subsection (2), after “containing” insert “ any other ”.
After Schedule 2A insert—
In section 13A(2) of FA 1994 (meaning of “relevant decision”), after paragraph (e) insert—.
In Schedule 5 to that Act (decisions subject to review and appeal), in paragraph 3(1), after paragraph (o) insert—.
Subject as follows, the amendments made by this section come into force on the day on which this Act is passed.
So far as relating to section 88C(1) of ALDA 1979, subsection (3) comes into force on 1 January 2016 (but see subsection (12) for the application of section 88C(1) in cases where an application has been made but not disposed of by that date).
So far as relating to section 88F of ALDA 1979, subsection (3) comes into force on such day as the Treasury may by regulations made by statutory instrument appoint.
An application for a person to be approved under section 88C of ALDA 1979 may not be made before 1 October 2015.
Where such an application made before 1 January 2016 has not been disposed of by that date, section 88C(1) of ALDA 1979 does not apply in relation to the person until the application is disposed of.
An application is “disposed of” when—
it is determined by Her Majesty's Revenue and Customs,
it is withdrawn, or
it is abandoned or otherwise ceases to have effect.
Tobacco
For the table in Schedule 1 to TPDA 1979 substitute—.
The amendment made by this section is treated as having come into force at 6 pm on 18 March 2015.
After section 6 of TPDA 1979 (alteration of rates of duty) insert—
Air passenger duty
In section 31 of FA 1994 (passengers: exceptions), after subsection (4) insert—
The amendment made by this section has effect in relation to any carriage of a passenger which begins on or after 1 May 2015. But, in relation to any carriage of a passenger which begins before 1 March 2016, section 31(4ZA) of FA 1994 has effect as if for “16 years” there were substituted “ 12 years ”.
Vehicle excise duty
Schedule 1 to VERA 1994 (annual rates of duty) is amended as follows.
In paragraph 1B (graduated rates of duty for light passenger vehicles)—
for the tables substitute—;
in the sentence immediately following the tables, for paragraphs (a) and (b) substitute—
In paragraph 2(1) (VED rates for motorcycles)—
in paragraph (c), for “£58” substitute “ £59 ”, and
in paragraph (d), for “£80” substitute “ £81 ”.
The amendments made by this section have effect in relation to licences taken out on or after 1 April 2015.
In Schedule 2 to VERA 1994 (exempt vehicles) in paragraph 1A(1) (exemption for old vehicles) for the words from “constructed” to the end substitute “ constructed before 1 January 1976 ”.
The amendment made by subsection (1) comes into force on 1 April 2016; but nothing in that subsection has the effect that a nil licence is required to be in force in respect of a vehicle while a vehicle licence is in force in respect of it.
Gaming duty
In section 11(2) of FA 1997 (rates of gaming duty) for the table substitute—
The amendment made by this section has effect in relation to accounting periods beginning on or after 1 April 2015.
Aggregates levy
Part 2 of FA 2001 (aggregates levy) is amended in accordance with subsections (2) to (6).
After section 30A insert—
In section 17 (meaning of “aggregate” and “taxable aggregate”), in subsection (6)(a), for “or 30A” substitute “ , 30A or 30B ”.
In section 48(1) (interpretation of Part), in the definition of “tax credit regulations”, for “or 30A” substitute “ , 30A or 30B ”.
In paragraph 9A of Schedule 6 (incorrect records etc evidencing claim for tax credit), in sub-paragraph (1)(a)—
omit the “or” at the end of sub-paragraph (i), and
after sub-paragraph (ii) insert.
In paragraph 2 of Schedule 8 (interest payable by the Commissioners), in sub-paragraph (3)—
in paragraph (b), for “of this Act; but” substitute “ or 30B(6)(d); ”, and
after paragraph (b) insert—.
Climate change levy
In paragraph 42(1) of Schedule 6 to FA 2000 (climate change levy: amount payable by way of levy) for the table substitute—
The amendment made by this section has effect in relation to supplies treated as taking place on or after 1 April 2016.
Schedule 6 to FA 2000 (climate change levy) is amended as follows.
In paragraph 24B (deemed taxable supply: commodities to be used in combined heat and power station)—
in sub-paragraph (2), at the end insert “ to which sub-paragraph (2A) does not apply ”,
after that sub-paragraph insert—,
in sub-paragraph (3), after “electricity” insert “ to which sub-paragraph (2A) does not apply ”, and
for sub-paragraph (7) substitute—
In paragraph 24C (initial determination under paragraph 24B(3) superseded by later determination), in sub-paragraph (1)—
in paragraph (a), at the end insert “ to which paragraph 24B(2A) does not apply ”, and
in paragraph (c)(i), after “electricity” insert “ to which paragraph 24B(2A) does not apply ”.
In paragraph 62 (tax credits), in sub-paragraph (1)(bb), after “electricity”, in both places, insert “ to which paragraph 24B(2A) does not apply ”.
The amendments made by this section have effect in relation to carbon price support rate commodities brought onto, or arriving at, a CHPQA site of a combined heat and power station in Great Britain on or after 1 April 2015.
Landfill tax
Section 42 of FA 1996 (amount of landfill tax) is amended as follows.
In subsection (1) (standard rate), for paragraph (a) (but not the “or” following it) substitute—.
In subsection (2) (reduced rate for certain disposals), for the words from “reference” to the end substitute “ reference to £84.40 were to £2.65. ”
The amendments made by this section have effect in relation to disposals made (or treated as made) on or after 1 April 2016.
Schedule 15 makes provision about the treatment of fines for the purposes of landfill tax.
Value added tax
In Part 2 of VATA 1994 (reliefs, exemptions and repayments), after section 33B insert—
In section 79 of VATA 1994 (repayment supplement in respect of certain delayed payments or refunds)—
in subsection (1), after paragraph (d) insert;
in subsection (5), after paragraph (d) insert;
in subsection (6)(b), for “or 33B” substitute “ , 33B or 33C ”.
In section 90 of VATA 1994 (failure of resolution under Provisional Collection of Taxes Act 1968), in subsection (3), after “33B,” insert “ 33C, ”.
In Schedule 9 to VATA 1994 (exemptions), in Group 14 (supplies of goods where input tax cannot be recovered), in Note (9), after “33B,” insert “ 33C, ”.
The amendments made by this section have effect in relation to supplies made, and acquisitions and importations taking place, on or after 1 April 2015.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 41 of VATA 1994 (application of Act to the Crown), in subsection (7)—
after “subsection (6)” insert “ each of the following is to be regarded as a body of persons exercising functions on behalf of a Minister of the Crown ”,
omit the “and” after paragraph (j), and
for the words after paragraph (k) substitute—
The amendments made by this section come into force on 1 April 2015.
Stamp duty land tax
FA 2003 is amended as follows.
In section 73BA (meaning of “financial institution”), after subsection (2) insert—
In paragraph 9 of Schedule 4A (higher rate for certain SDLT transactions: interpretation), for the definition of “financial institution” substitute—.
The amendment made by subsection (2) has effect where the effective date of the first transaction is, or is after, the day on which this Act is passed.
In subsection (4) “first transaction” means the first transaction within the meaning of section 71A(1)(a) of FA 2003.
After paragraph 2(6) of Schedule 6B to FA 2003 (stamp duty land tax: superior interest in dwellings subject to a long lease excluded from multiple dwellings relief) insert—
The amendment made by this section has effect in relation to any land transaction of which the effective date is, or is after, the day on which this Act is passed.
Annual tax on enveloped dwellings
In section 99 of FA 2013 (amount of tax chargeable), in the table in subsection (4), for the last four entries substitute—
The amendment made by subsection (1) has effect for the chargeable period beginning on 1 April 2015 and, subject to section 101 of FA 2013, for subsequent chargeable periods.
Section 101(1) of FA 2013 does not apply in relation to the chargeable period beginning on 1 April 2015.
Accordingly, the Treasury is not required to make an order under section 101(5) of FA 2013 in respect of that period.
In section 102 of FA 2013 (annual tax on enveloped dwellings: taxable value), after subsection (2) insert—
Section 110 of FA 2013 (interests held by connected persons) is amended as follows.
In subsection (1), after “If on any day” insert “ (“the relevant day”) ”.
In subsection (2)—
omit “on the day in question”;
after “P's single dwelling interest” insert “ on the relevant day ”;
for “£500,000” substitute “ £250,000 ”.
After subsection (2) insert—
The amendments made by this section have effect in relation to chargeable periods beginning on or after 1 April 2015.
Part 3 of FA 2013 (annual tax on enveloped dwellings) is amended as follows.
In section 159 (annual tax on enveloped dwellings return), after subsection (3) insert—
After section 159 insert—
In section 161 (return to include self-assessment), for subsection (2) substitute—
In Schedule 33 (annual tax on enveloped dwellings: returns etc)—
in paragraph 2(a), after “159” insert “ , 159A ”;
in paragraph 20(1), for “in question, the self assessment included in that return” substitute “ in question containing a self assessment, that self assessment ”.
The amendments made by subsections (1) to (5) have effect for chargeable periods beginning on or after 1 April 2015.
In a case (not falling within section 109(5) of FA 2014) which falls within subsection (8), section 159 of FA 2013 (annual tax on enveloped dwellings return) has effect with the same modifications as are set out in section 109(6) of FA 2014 (which provides for extended filing periods in certain cases).
The case is where—
a person has a duty to deliver to an officer of Revenue and Customs an annual tax on enveloped dwellings return with respect to a single-dwelling interest for the chargeable period beginning with 1 April 2015, and
the circumstances on the first day in that chargeable period on which that person is within the charge with respect to that single-dwelling interest are such that that duty could be discharged by the delivery to an officer of Revenue and Customs on that day of a relief declaration return.
Inheritance tax
In section 6 of IHTA 1984 (excluded property), for subsection (1B) substitute—
The amendment made by subsection (1) has effect in relation to transfers of value made, or treated as made, on or after 3 December 2014.
IHTA 1984 is amended as follows.
After section 153 insert—
In section 154 (death on active service)—
in subsection (1), for “Section 4 shall not apply” substitute “ The reliefs in subsection (1A) apply ”,
after that subsection insert—,
in subsection (2) omit “either” and after paragraph (b) insert, and
after that subsection insert—
After section 155 insert—
The amendments made by this section have effect in relation to deaths occurring on or after 19 March 2014.
The bank levy
Schedule 19 to FA 2011 (bank levy) is amended as follows.
In paragraph 6 (steps for determining the amount of the bank levy), in sub-paragraph (2)—
for “0.078%” substitute “ 0.105% ”, and
for “0.156%” substitute “ 0.21% ”.
In paragraph 7 (special provision for chargeable periods falling wholly or partly before 1 January 2014)—
in sub-paragraph (1) for “1 January 2014” substitute “ 1 April 2015 ”;
in sub-paragraph (2), in the first column of the table in the substituted Step 7, for “ Any time on or after 1 January 2014 ” substitute “1 January 2014 to 31 March 2015”;
at the end of that table add—;
in the italic heading before paragraph 7, for “1 January 2014” substitute “ 1 April 2015 ”.
The amendments made by subsections (2) and (3) come into force on 1 April 2015.
Subsections (6) to (12) apply where—
an amount of the bank levy is treated as if it were an amount of corporation tax chargeable on an entity (“E”) for an accounting period of E,
the chargeable period in respect of which the amount of the bank levy is charged begins before but ends on or after 1 April 2015, and
under the Instalment Payment Regulations, one or more instalment payments, in respect of the total liability of E for the accounting period, were treated as becoming due and payable before 1 April 2015 (“pre-commencement instalment payments”).
Subsections (1) to (4) are to be ignored for the purpose of determining the amount of any pre-commencement instalment payment.
If there is at least one instalment payment, in respect of the total liability of E for the accounting period, which under the Instalment Payment Regulations is treated as becoming due and payable on or after 1 April 2015 (“post-commencement instalment payments”), the amount of that instalment payment, or the first of them, is to be increased by the adjustment amount.
If there are no post-commencement instalment payments, a further instalment payment, in respect of the total liability of E for the accounting period, of an amount equal to the adjustment amount is to be treated as becoming due and payable on 30 April 2015.
“The adjustment amount” is the difference between—
the aggregate amount of the pre-commencement instalment payments determined in accordance with subsection (6), and
the aggregate amount of those instalment payments determined ignoring subsection (6) (and so taking account of subsections (1) to (4)).
In the Instalment Payment Regulations—
in regulations 6(1)(a), 7(2), 8(1)(a) and (2)(a), 9(5), 10(1), 11(1) and 13, references to regulation 4A, 4B, 4C, 4D, 5, 5A or 5B of those Regulations are to be read as including a reference to subsections (5) to (9) (and in regulation 7(2) “the regulation in question”, and in regulation 8(2) “that regulation”, are to be read accordingly), and
in regulation 9(3), the reference to those Regulations is to be read as including a reference to subsections (5) to (9).
In section 59D of TMA 1970 (general rule as to when corporation tax is due and payable), in subsection (5), the reference to section 59E is to be read as including a reference to subsections (5) to (10).
In this section—“the chargeable period” is to be construed in accordance with paragraph 4 or (as the case may be) 5 of Schedule 19 to FA 2011;“the Instalment Payment Regulations” means the Corporation Tax (Instalment Payments) Regulations 1998 (S.I. 1998/3175); and references to the total liability of E for an accounting period are to be construed in accordance with regulation 2(3) of the Instalment Payment Regulations.
Diverted profits tax
Introduction and overview
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charge to tax
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Involvement of entities or transactions lacking economic substance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of taxable diverted profits: section 80 or 81 cases
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Avoidance of a UK taxable presence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation of taxable diverted profits: section 86 cases
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to notify if within scope
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Process for imposing charge
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment and recovery of tax
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review and appeals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration of tax
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Final provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions
Anti-avoidance
Schedule 17 contains amendments relating to the disclosure of tax avoidance schemes.
Schedule 18 contains provision about the relationship between accelerated payments and group relief.
Schedule 19 contains provision about promoters of tax avoidance schemes.
Schedule 20 contains provisions amending—
Schedule 24 to FA 2007 (penalties for errors),
Schedule 41 to FA 2008 (penalties for failure to notify), ...
Schedule 55 to FA 2009 (penalties for failure to make returns etc), and
Schedule 43C to FA 2013(as amended by FA 2016).
That Schedule comes into force on such day as the Treasury may by order appoint.
An order under subsection (2)—
may commence a provision generally or only for specified purposes, and
may appoint different days for different provisions or for different purposes.
The power to make an order under this section is exercisable by statutory instrument.
Schedule 21 contains provision for imposing an additional penalty in cases where—
a person is liable for a penalty for a failure to comply with an obligation or provide a document, or for providing an inaccurate document, relating to income tax, capital gains tax or inheritance tax, and
there is a related transfer of, or change in the ownership arrangements for, an asset situated or held outside the United Kingdom.
Other tax-related matters
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the enactments to which Part 1 of Schedule 6 to FA 2010 applies, any reference to a charity includes—
the Commonwealth War Graves Commission, and
the Imperial War Graves Endowment Fund Trustees.
Government stock
The Treasury may redeem at par any stock—
which is described in Schedule 1 to the National Debt Act 1870, or
to which that Act applies by virtue of section 1(5) of the National Debt (Conversion of Stock) Act 1884 or section 2(5) of the National Debt (Conversion) Act 1888.
The Treasury must give at least 3 months' notice in the London Gazette of their intention to redeem any stock under this section.
The sums required to redeem the stock are charged on the National Loans Fund, with recourse to the Consolidated Fund (and section 22(2) of the National Loans Act 1968 applies for the purposes of this section as if this section were contained in that Act).
The following do not apply in relation to a redemption under this section—
in section 5 of the National Debt Act 1870, the words from “All the annuities” to the end,
section 1(2) and (3) of the National Debt (Conversion of Stock) Act 1884, and
section 2(2) of the National Debt (Conversion) Act 1888.
The following are repealed—
section 19 of the Revenue, Friendly Societies, and National Debt Act 1882,
the National Debt (Conversion of Stock) Act 1884, and
the National Debt (Conversion) Act 1888.
Subsection (5) comes into force on such day as the Treasury may by regulations made by statutory instrument appoint (and the regulations may appoint different days for different paragraphs of that subsection).
The other provisions of this section come into force on the day on which this Act is passed.
Final provisions
In section 287(4) of TCGA 1992 (exceptions from negative resolution procedure), for paragraph (b) substitute—
In section 1014(6) of ITA 2007 (exceptions from negative resolution procedure), for paragraph (b) substitute—.
In section 1171(6) of CTA 2010 (exceptions from negative resolution procedure), for paragraph (b) substitute—
The amendments made by this section have effect only in relation to powers conferred after this Act is passed.
In this Act—“ALDA 1979” means the Alcoholic Liquor Duties Act 1979,“CAA 2001” means the Capital Allowances Act 2001,“CTA 2009” means the Corporation Tax Act 2009,“CTA 2010” means the Corporation Tax Act 2010,“IHTA 1984” means the Inheritance Tax Act 1984,“ITA 2007” means the Income Tax Act 2007,“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003,“ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005,“OTA 1975” means the Oil Taxation Act 1975,“TCGA 1992” means the Taxation of Chargeable Gains Act 1992,“TIOPA 2010” means the Taxation (International and Other Provisions) Act 2010,“TMA 1970” means the Taxes Management Act 1970,“TPDA 1979” means the Tobacco Products Duty Act 1979,“VATA 1994” means the Value Added Tax Act 1994, and“VERA 1994” means the Vehicle Excise and Registration Act 1994.
In this Act “FA”, followed by a year, means the Finance Act of that year.
This Act may be cited as the Finance Act 2015.
Extension of benefits code except in relation to certain ministers of religion
Amendments of ITEPA 2003
ITEPA 2003 is amended as follows.
In section 7 (meaning of “employment income”, “general earnings” and “specific employment income”), in subsection (5)(b), for “11” substitute “ 10 ”.
In section 17 (UK resident employees: treatment of earnings for year in which employment not held), in subsection (4), for “11” substitute “ 10 ”.
In section 30 (remittance basis and non-UK resident employees: treatment of earnings for year in which employment not held), in subsection (4), for “11” substitute “ 10 ”.
Section 63 (the benefits code) is amended as follows.
In subsection (1)—
at the end of the entry relating to Chapter 7 insert “ and ”, and
omit the entry relating to Chapter 11 and the “and” before it.
Omit subsections (2) to (4).
In section 66 (meaning of “employment” and related expressions), after subsection (4) insert—
In section 148 (reduction of cash equivalent where car is shared), omit subsection (3).
In section 157 (reduction of cash equivalent where van is shared), omit subsection (3).
Section 169 (car available to more than one family member etc employed by same employer) is amended as follows.
For subsection (2)(b) substitute—
Omit subsections (3) and (4).
Section 169A (van available to more than one family member etc employed by same employer) is amended as follows.
For subsection (2)(b) substitute—
Omit subsections (3) and (4).
In section 184 (interest treated as paid), in subsection (3), for the words following “any of” substitute “the following Chapters of this Part—Chapter 3 (taxable benefits: expenses payments); Chapter 6 (taxable benefits: cars, vans and related benefits); Chapter 10 (taxable benefits: residual liability to charge).”
Section 188 (loan released or written off: amount treated as earnings) is amended as follows.
In subsection (2), for “an excluded employment”, in each place, substitute “ lower-paid employment as a minister of religion ”.
In subsection (3)(a), for “excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 228 (effect of exemptions in Part 4 on liability under provisions outside Part 2), in subsection (2)(d), for “290 and” substitute “ 290, 290C to ”.
Section 239 (payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles) is amended as follows.
In subsection (8), for “excluded employment” substitute “ lower-paid employment as a minister of religion (see section 290D) ”.
Omit subsection (9).
In section 266 (exemption of non-cash vouchers for exempt benefits), in subsection (5), for “excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 267 (exemption of credit-tokens used for exempt benefits), in subsection (1)(b), for “excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 269 (exemption where benefits or money obtained in connection with taxable car or van or exempt heavy goods vehicle), in subsection (4)(b), for “excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 290 (accommodation benefits of ministers of religion), in subsection (2), for “excluded employment” substitute “ lower-paid employment as a minister of religion (see section 290D) ”.
In section 290A (accommodation outgoings of ministers of religion)—
in subsection (1), for “a religious denomination” substitute “ religion ”,
in subsection (3), omit the definition of “lower-paid employment”, and
in the heading of the section, after “outgoings of” insert “ lower-paid ”.
In section 290B (allowances paid to ministers of religion in respect of accommodation outgoings)—
in subsection (1), for “a religious denomination” substitute “ religion ”,
in subsection (3), for “and “lower-paid employment” have the same meanings” substitute “ has the same meaning ”, and
in the heading of the section, after “to” insert “ lower-paid ”.
Part 2 of Schedule 1 (index of defined expressions) is amended as follows.
Omit both entries relating to “excluded employment” and the entry relating to “lower-paid employment”.
At the appropriate place insert—.
Schedule 7 (transitionals and savings) is amended as follows.
In paragraph 17 (taxable benefits: benefits code)—
in sub-paragraph (2), for “the Chapters” to “lower-paid employments)” substitute “ Chapters 3, 6, 7 and 10 of the benefits code (provisions not applicable before the tax year 2016-17 to lower-paid employments) ”, and
omit sub-paragraph (4).
In paragraph 27(3) (loans released or written off)—
in paragraph (a), for “ “not an excluded employment”” substitute “ “not lower-paid employment as a minister of religion” ”;
in paragraph (b), for “ “excluded employment”” substitute “ “lower-paid employment as a minister of religion” ”.
Amendments of other enactments
The Social Security Contributions and Benefits Act 1992 is amended as follows.
In section 10 (Class 1A contributions: benefits in kind etc), in subsection (1)(b)(ii), for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 10ZB (non-cash vouchers provided by third parties), in subsection (2)—
in paragraph (a), for “an excluded employment for the purposes of the benefits code” substitute “ lower-paid employment as a minister of religion ”, and
in paragraph (b) and in the words following that paragraph, for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 122 (interpretation of Parts 1 to 6), in subsection (1)—
omit the entry relating to “excluded employment”, and
at the appropriate place insert—.
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended as follows.
In section 10 (Class 1A contributions: benefits in kind etc), in subsection (1)(b)(ii), for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 10ZB (non-cash vouchers provided by third parties), in subsection (2)—
in paragraph (a), for “an excluded employment for the purposes of the benefits code” substitute “ lower-paid employment as a minister of religion ”, and
in paragraph (b) and in the words following that paragraph, for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In section 121 (interpretation of Parts 1 to 6), in subsection (1)—
omit the entry relating to “excluded employment”, and
at the appropriate place insert—.
Section 173 of FA 2004 (provision of benefits by registered pension scheme) is amended as follows.
In subsection (2), for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In subsection (3)—
in the opening words, for “an excluded employment” substitute “ an employment which is lower-paid employment as a minister of religion ”, and
in paragraph (a), for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In subsection (6), for “an excluded employment” substitute “ lower-paid employment as a minister of religion ”.
In subsection (7), for “an excluded employment” substitute “ an employment which is lower-paid employment as a minister of religion ”.
In subsection (10), for the definition of “excluded employment” substitute—.
In CTA 2010, in section 1065 (exception for benefits treated as employment income etc), in the first column of the table, for the words from “in section 216” to “lower-paid employment)” substitute “ in section 290C of that Act (provisions of benefits code not applicable to lower-paid ministers of religion) ”.
Restrictions applying to certain deductions made by banking companies
Main provisions
In CTA 2010, after Part 7 insert—
Consequential amendments
FA 1998
In Schedule 18 to FA 1998 (company tax returns, assessments and related matters), after Part 9D insert—
CTA 2009
In section 1223 of CTA 2009 (carrying forward expenses of management and other amounts), in subsection (1)—
the words after “because” become paragraph (a), and
after that paragraph insert
CTA 2010
In section 1 of CTA 2010 (overview of Act), in subsection (3)—
for “Parts 8” substitute “ Parts 7A ”, and
before paragraph (a) insert—.
In Schedule 4 to CTA 2010 (index of defined expressions), at the appropriate place insert—;;;;;;;;;;;;;;.
TIOPA 2010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement and anti-forestalling provision
Commencement
The amendments made by paragraphs 1 to 5 of this Schedule have effect for the purposes of calculating the taxable total profits of companies for accounting periods beginning on or after 1 April 2015.
But section 269CK of CTA 2010 (inserted by this Schedule) does not have effect in relation to any arrangements made before 3 December 2014.
Sub-paragraph (4) applies where a company has an accounting period beginning before 1 April 2015 and ending on or after that date (“the straddling period”).
For the purposes of Chapter 3 of Part 7A of CTA 2010—
so much of the straddling period as falls before 1 April 2015, and so much of that period as falls on or after that date, are treated as separate accounting periods, and
the profits or losses of the company for the straddling period are apportioned to the two separate accounting periods—
in accordance with section 1172 of CTA 2010 (time basis), or
if that method would produce a result that is unjust or unreasonable, on a just and reasonable basis.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Anti-forestalling provision
This sub-paragraph applies if—
for the purposes of corporation tax a banking company has profits (“pre-commencement profits”) for an accounting period ending before 1 April 2015,
in the absence of this paragraph the banking company would, for corporation tax purposes, be entitled to deduct from the pre-commencement profits for the accounting period an amount in respect of any relevant carried-forward losses,
the pre-commencement profits arise as a result of any arrangements entered into on or after 3 December 2014, and
the main purpose, or one of the main purposes, of the arrangements is to secure a corporation tax advantage as a result of the fact that Chapter 3 of Part 7A of CTA 2010 (inserted by this Schedule) is not to have effect for the accounting period for which the deduction would be made.
If sub-paragraph (1) applies, the banking company is not entitled to deduct from the pre-commencement profits any amount in respect of the relevant carried-forward losses.
Sub-paragraph (1) does not apply in relation to a banking company which falls within section 269B(5)(b) of CTA 2010 (inserted by this Schedule).
In this paragraph—“arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);“corporation tax advantage” means—a relief from corporation tax or increased relief from corporation tax, a repayment of corporation tax or increased repayment of corporation tax, the avoidance or reduction of a charge to corporation tax or an assessment to corporation tax, the avoidance of a possible assessment to corporation tax, or the deferral of a payment of corporation tax or advancement of a repayment of corporation tax.
Terms used in this paragraph and in Chapter 3 of Part 7A of CTA 2010 have the same meaning in this paragraph as in that Chapter; and, so far as necessary for the purposes of this sub-paragraph, that Part is to be treated as having come into force on the same day as this paragraph.
This paragraph is treated as having come into force on 3 December 2014.
Sub-paragraph (8) applies where a company has an accounting period beginning before 1 April 2015 and ending on or after that date (“the straddling period”).
For the purposes of this paragraph—
so much of the straddling period as falls before 1 April 2015, and so much of that period as falls on or after that date, are treated as separate accounting periods, and
the profits or losses of the company for the straddling period are apportioned to the two separate accounting periods—
in accordance with section 1172 of CTA 2010 (time basis), or
if that method would produce a result that is unjust or unreasonable, on a just and reasonable basis.
Tax avoidance involving carried-forward losses
Amendments of CTA 2010
In CTA 2010, after Part 14A insert—
In section 1 of CTA 2010 (overview of Act), in subsection (4), after paragraph (aa) insert—.
In Schedule 4 to CTA 2010 (index of defined expressions), at the appropriate place insert—.
Commencement
The amendments made by this Schedule have effect for the purposes of calculating the taxable total profits of companies for accounting periods beginning on or after 18 March 2015.
Sub-paragraph (3) applies where a company has an accounting period beginning before 18 March 2015 and ending on or after that date (“the straddling period”).
For the purposes of Part 14B of CTA 2010—
so much of the straddling period as falls before 18 March 2015, and so much of that period as falls on or after that date, are treated as separate accounting periods, and
any amounts brought into account for the purposes of calculating the taxable total profits of the company for the straddling period are apportioned to the two separate accounting periods—
in accordance with section 1172 of CTA 2010 (time basis), or
if that method would produce a result that is unjust or unreasonable, on a just and reasonable basis.
Pension flexibility: annuities etc
Death benefits for nominees, successors and dependants
Introductory
Part 4 of FA 2004 is amended as follows.
Nominees' annuities and successors' annuities to be authorised payments
Section 167(1) (the pension death benefit rules) is amended as follows.
In pension death benefit rule 3A (payments that may, by way of exception, be made to a nominee) after “other than” insert “a nominees' annuity in respect of a money purchase arrangement or”.
In pension death benefit rule 3B (payments that may, by way of exception, be made to a successor) after “other than” insert “a successors' annuity in respect of a money purchase arrangement or”.
Nominees' annuities and successors' annuities: definitions
Part 2 of Schedule 28 (interpretation of the pension death benefit rules) is amended as follows.
After paragraph 27A insert—
After paragraph 27F insert—
Regulations made before 25 December 2015 under the paragraph 27AA or 27FA inserted by this paragraph may, for cases where the transfer concerned takes place on or after 6 April 2015, include provision having effect in relation to times before the regulations are made.
Dependants' and nominees' annuities: testing against deceased member's lifetime allowance
In section 216(1) (benefit crystallisation events and amounts crystallised) the table is amended as follows.
In the second column of the entry relating to benefit crystallisation event 4, after “any related dependants' annuity” insert “and any related nominees' annuity”.
After the entry relating to benefit crystallisation event 5C insert—
Section 217 (persons liable to lifetime allowance charge) is amended as follows.
In subsection (2A) (cases where dependant or nominee liable) after “event 5C,” insert “ or by reason of a person becoming entitled to an annuity as mentioned in the description of benefit crystallisation event 5D, ”.
In subsection (4A) (events 5C and 7 are “relevant post-death” events) after “benefit crystallisation event 5C” insert “ , 5D ”.
In section 219(7A) (events 5C and 7 are “relevant post-death” events) after “benefit crystallisation event 5C” insert “ , 5D ”.
In Schedule 32 (supplementary provisions about benefit crystallisation events)—
in paragraph 1 (meaning of “the relevant pension schemes”: in certain cases means schemes of which the individual was a member immediately before death) after “5C” insert “ or 5D ”,
in paragraph 4(1) (further provision about benefit crystallisation event 4) for the words from “if” to “purchased” substitute,
in paragraph 14B (event 5C: meaning of “relevant two-year period”), and in the italic heading before that paragraph, for “event 5C” substitute “ events 5C and 5D ”, and
in paragraph 14C(1) (event 5C: meaning of “relevant unused uncrystallised funds”), and in the italic heading before paragraph 14C, for “event 5C” substitute “ events 5C and 5D ”.
Minor and consequential amendments
In section 172(6A)(b) (“benefit” in section 172 includes rights to payments under certain annuities) after “lifetime annuity or dependants' annuity” insert “, or nominees' annuity or successors' annuity,”.
Section 172A (surrenders of benefits and rights) is amended as follows.
In subsection (1)(aa) (surrender of rights to payments under certain annuities triggers operation of subsection (2)) after “lifetime annuity or dependants' annuity” insert “, or nominees' annuity or successors' annuity,”.
In subsection (9A)(b) (references to benefits include references to rights to payments under certain annuities) after “lifetime annuity or dependants' annuity” insert “, or nominees' annuity or successors' annuity,”.
Section 172B (increase of rights of connected person on death) is amended as follows.
In subsection (2)(aa) (relevant member includes person who has rights to payments under certain annuities) after “lifetime annuity or dependants' annuity” insert “, or nominees' annuity or successors' annuity,”.
In subsection (7A) (section does not apply to certain increases in rights) after “dependants' annuity”, in both places, insert “, nominees' annuity, successors' annuity”.
In subsection (7B)(b) (“benefit” in section 172B includes rights to payments under certain annuities) after “lifetime annuity or dependants' annuity” insert “, or nominees' annuity or successors' annuity,”.
In section 273B(1) (power of trustees or managers to make certain payments) after paragraph (f) insert—.
In section 280(2) (index of defined expressions) at the appropriate places insert—
Schedule 28 (interpretation of the pension rules and the pension death benefit rules) is amended as follows.
In paragraph 3(2B)(a) (power to make regulations about cases where lifetime annuity ceases to be payable by insurance company) after “dependants' annuity” insert “, nominees' annuity”.
In paragraph 6(1B)(a) (power to make regulations about cases where short-term annuity ceases to be payable by insurance company) after “dependants' annuity” insert “, nominees' annuity”.
In paragraph 27E(3) (meaning of “unused drawdown funds”)—
in paragraph (b), for “derive.” substitute “ derive, ”, and
after paragraph (b) (but not as part of it) insert—
In paragraph 27E(4)(b) and (5) (meaning of “unused uncrystallised funds”) after “not been applied towards the provision of a dependants' annuity” insert “, not been applied towards the provision of a nominees' annuity”.
In paragraph 27K(3) (meaning of “unused drawdown funds of the beneficiary's”)—
in paragraph (b) for “derive.” substitute “ derive, ”, and
after paragraph (b) (but not as part of it) insert—
Paragraph 3 of Schedule 29 (interpretation of the lump sum rule: meaning of “the applicable amount”) is amended as follows.
In sub-paragraph (4) (amount applied to purchase certain annuities) after “any related dependants' annuity” insert “and any related nominees' annuity”.
After sub-paragraph (4A) (when a dependants' annuity is related to a lifetime annuity) insert—
In sub-paragraph (5) (deductions in calculating applicable amount) after “any related dependants' annuity”, in both places, insert “or any related nominees' annuity”.
In paragraph 15(2)(a) of Schedule 29 (uncrystallised funds lump sum death benefit is sum paid in respect of funds not spent on certain annuities and other pensions) after “lifetime annuity,” insert “a nominees' annuity,”.
Consequential repeal
In consequence of paragraph 7(b) of this Schedule, omit paragraph 32 of Schedule 10 to FA 2005.
Income tax on beneficiaries' annuities etc
Exemption in certain cases for annuities for dependants, nominees and successors
In Chapter 17 of Part 9 of ITEPA 2003 (tax on pension income: exemptions) after section 646A insert—.
The amendment made by this paragraph has effect in relation to pension paid on or after 6 April 2015.
Exemption from tax under Part 9 of ITEPA 2003 not to give rise to tax under other provisions
In section 393B(2)(a) of ITEPA 2003 (tax on benefits under employer-financed retirement benefit schemes: “relevant benefits” do not include benefits charged to tax under Part 9) after “charged to tax under Part 9 (pension income)” insert “ , or that would be charged to tax under that Part but for section 573(2A) or (2B), 646D or 646E ”.
Annuity for dependant purchased before 6 April 2006 jointly with annuity for member
In Schedule 36 to FA 2004 (transitional provision etc in relation to pre-6 April 2006 pensions) after paragraph 45 insert—
Minor and consequential amendments
In section 573 of ITEPA 2003 (foreign pensions to which other provisions of Part 9 of ITEPA 2003 do not apply) after subsection (2D) insert—
In Chapter 10 of Part 9 of ITEPA 2003 (other employment-related annuities) after section 611 insert—
In section 579A of ITEPA 2003 (section applies to pensions under registered pension schemes, with exceptions) after subsection (2) insert—
For section 579CZA(5)(b) of ITEPA 2003 (tax exemption for dependants' income withdrawal overridden where any paid before 6 April 2015) substitute—.
The amendment made by this paragraph has effect in relation to pension paid on or after 6 April 2015.
Relief for contributions to flood and coastal erosion risk management projects
Income tax: trade profits
In Chapter 5 of Part 2 of ITTOIA 2005 (trade profits: rules allowing deductions), after section 86 insert—
Income tax: profits of a property business
Corporation tax: trading income and trade profits
In Chapter 5 of Part 3 of CTA 2009 (trading income and trade profits: rules allowing deductions), after section 86 insert—
Corporation tax: profits of a property business
Corporation tax: investment business
In Chapter 2 of Part 16 of CTA 2009 (investment business: management expenses), in section 1221 (amounts treated as expenses of management), in subsection (3), after paragraph (i) insert—.
In Chapter 3 of Part 16 of CTA 2009 (investment business: amounts treated as expenses of management), after section 1244 insert—
In Chapter 5 of Part 16 of CTA 2009 (investment business: receipts), after section 1253 insert—
In section 253 of CAA 2001 (companies with investment business), in subsection (6), after “1233” insert “ or 1244A ”.
Commencement
The amendments made by this Schedule have effect in relation to contributions paid or provided on or after 1 January 2015.
Investment reliefs: excluded activities
Part 5B of ITA 2007: amendment coming into force on passing of Act
Tax relief for social investments: power to amend excluded activities
In Part 5B of ITA 2007 (tax relief for social investments), after section 257MV insert—
Part 5 of ITA 2007: excluded activities from 6 April 2015
Introductory
The following provisions of Part 5 of ITA 2007 (enterprise investment scheme) are amended as set out in paragraphs 3 and 4—
section 198A (excluded activities for purposes of Part 5 (and, by virtue of section 257DA(9), Part 5A): subsidised generation or export of electricity), and
section 198B (excluded activities for those purposes: subsidised generation of heat and subsidised production of gas or fuel).
Generation of electricity involving contracts for difference
In section 198A—
in subsection (3), omit “or” at the end of paragraph (b) and for paragraph (c) substitute—, and
in subsection (9), at the appropriate place insert—.
Subsidised energy-related activities: anaerobic digestion and hydroelectric power
In section 198A—
in subsection (5), omit “, B or C” (exceptions for generation involving anaerobic digestion and hydroelectric power),
omit subsections (7) and (8), and
in subsection (9), omit the definition of “anaerobic digestion”.
In section 198B—
in subsection (3), omit “or B” (exception for generation or production involving anaerobic digestion), and
omit subsection (5).
Application
The amendments made by this Part of this Schedule have effect in relation to shares issued on or after 6 April 2015.
Part 6 of ITA 2007: excluded activities from 6 April 2015
Introductory
The following provisions of Part 6 of ITA 2007 (venture capital trusts) are amended as set out in paragraphs 7 and 8—
section 309A (excluded activities for purposes of Part 6: subsidised generation or export of electricity), and
section 309B (excluded activities for those purposes: subsidised generation of heat and subsidised production of gas or fuel).
Generation of electricity involving contracts for difference
In section 309A—
in subsection (3), omit “or” at the end of paragraph (b) and for paragraph (c) substitute—, and
in subsection (9), at the appropriate place insert—.
Subsidised energy-related activities: anaerobic digestion and hydroelectric power
In section 309A—
in subsection (5), omit “, B or C” (exceptions for generation involving anaerobic digestion and hydroelectric power),
omit subsections (7) and (8), and
in subsection (9), omit the definition of “anaerobic digestion”.
In section 309B—
in subsection (3), omit “or B” (exception for generation or production involving anaerobic digestion), and
omit subsection (5).
Application
The amendments made by this Part of this Schedule have effect in relation to relevant holdings issued on or after 6 April 2015.
Further amendments of Parts 5 to 6 of ITA 2007
Parts 5 and 6: certain community-based activities to be excluded activities
Part 5 of ITA 2007 is further amended as follows.
In section 198A—
omit subsections (5) and (6) (exception for community-based generation), and
in subsection (9), omit the definitions of “community benefit society”, “co-operative society” and “NI industrial and provident society”.
In section 198B—
omit subsections (3) and (4) (exception for community-based generation or production), and
omit subsection (6) (interpretation of section).
Part 6 of ITA 2007 is further amended as follows.
In section 309A—
omit subsections (5) and (6) (exception for community-based generation), and
in subsection (9), omit the definitions of “community benefit society”, “co-operative society” and “NI industrial and provident society”.
In section 309B—
omit subsections (3) and (4) (exception for community-based generation or production), and
omit subsection (6) (interpretation of section).
In consequence of paragraphs 10 and 11—
in FA 2014, omit section 56(3)(b) and (6)(b), and
in the Co-operative and Community Benefit Societies Act 2014, omit paragraphs 106 and 107 of Schedule 4.
Part 5B: subsidised generation or export of electricity to cease to be excluded activity
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of Part
The amendments made by this Part of this Schedule have effect in accordance with regulations made by the Treasury.
Regulations under this paragraph may make different provision for different purposes.
Section 1014(4) of ITA 2007 (regulations etc subject to annulment) does not apply in relation to regulations under this paragraph.
Regulations under this paragraph may not provide for amendments of ITA 2007 to have effect—
in the case of amendments of Part 5 of that Act, in relation to shares issued before 6 April 2015;
in the case of amendments of Part 6 of that Act, in relation to relevant holdings issued before 6 April 2015.
Disposals of UK residential property interests by non-residents etc
Amendments of TCGA 1992
TCGA 1992 is amended in accordance with paragraphs 2 to 40.
In section 1 (the charge to tax), in subsection (2A), for the words from “gains are” to the end substitute
Section 2 (persons and gains chargeable to capital gains tax, and allowable losses) is amended as follows.
After subsection (2) insert—
After subsection (7A) insert—
In section 2B (persons chargeable to capital gains tax on ATED-related gains), in subsection (10), in paragraph (b) of the definition of “ring-fenced ATED-related allowable losses”, for “from ATED-related chargeable gains accruing in any previous tax year on relevant high value disposals,” substitute “ from chargeable gains accruing in any previous tax year, ”.
Section 3 (annual exempt amount) is amended as follows.
In subsection (5), for the words from “is the amount” to the end substitute
After subsection (5B) insert—
In subsection (5C), for the words from “In subsections” to “in his case by—” substitute “ In subsection (5BA) “section 2 adjusted net gains”, in relation to an individual and a tax year, means the amount given in the individual's case by— ”.
After subsection (5C) insert—
In subsection (7), for “(5C)” substitute “ (5D) ”.
In section 4 (rates of capital gains tax), after subsection (3A) insert—
For section 4B (deduction of losses etc in most beneficial way) substitute—
Section 8 (company's profits for corporation tax purposes to include chargeable gains) is amended as follows.
In subsection (1), in paragraph (b), omit the words from “period” to the end and insert
After subsection (4A) insert—
In section 10A (temporary non-residents), as that section has effect where the year of departure (as defined in Part 4 of Schedule 45 to FA 2013) is the tax year 2012-13 or an earlier tax year, in subsection (5) after “section 10” insert “ , 14D ”.
In section 13 (attribution of gains to members of non-resident companies), in subsection (1A), for the words from “an ATED-related gain” to the end substitute—
After section 14A insert—
In section 16 (computation of losses), in subsection (3), for “or 10B,” substitute “ , 10B, 14D or 188D ”.
After section 25 insert—
After section 48 insert—
In section 57A (gains and losses on relevant high value disposals), after subsection (2) insert—
In Part 2, after Chapter 5 insert—
Section 62 (death: general provisions) is amended as follows.
In subsection (2A), for the words from “are gains” to the end substitute
After subsection (2A) insert—
After section 80 insert—
In section 86 (attribution of gains to settlors with interest in non-resident or dual-resident settlements), after subsection (4) insert—
In section 87 (non-UK resident settlements: attribution of gains to beneficiaries), after subsection (5) insert—
Section 139 (reconstruction involving transfer of business) is amended as follows.
In subsection (1A)—
in paragraph (a), after “chargeable assets” insert “ or NRCGT assets ”;
in paragraph (b), after “chargeable assets” insert “ or NRCGT assets ”.
After subsection (1A) insert—
After section 159 insert—
Section 165 (relief for gifts of business assets) is amended as follows.
In subsection (1), after “167,” insert “ 167A, ”.
After subsection (7) insert—
In section 166 (gifts to non-residents), in subsection (1), for “Section 165(4)” substitute “ Subject to section 167A, section 165(4) ”.
In section 167 (gifts to foreign-controlled companies), in subsection (1), for “Section 165(4)” substitute “ Subject to section 167A, section 165(4) ”.
After section 167 insert—
In section 168 (emigration of donee), in subsection (1), after paragraph (a) insert—.
After section 168 insert—
After section 187A insert—
Before section 189 (and the italic heading before it), insert—
Section 260 (gifts on which inheritance tax is chargeable etc) is amended as follows.
In subsection (1), for “and 261” substitute “ , 261 and 261ZA ”.
After subsection (6) insert—
In section 261 (section 260 relief: gifts to non-residents), in subsection (1), for “Section 260(3)” substitute “ Subject to section 261ZA, section 260(3) ”.
After section 261 insert—
In section 288 (interpretation), in subsection (1), at the appropriate places insert—.
Schedule 1 (application of exempt amount etc in cases involving settled property) is amended as follows.
In paragraph 1(1), for “(5C)” substitute “ (5D) ”.
In paragraph 2(1), for “(5C)” substitute “ (5D) ”.
After Schedule A1, insert—
After Schedule B1 (as inserted by paragraph 36), insert—
Schedule 4ZZA (relevant high value disposals: gains and losses) is amended as follows.
In paragraph 1 the existing text becomes sub-paragraph (1).
After that sub-paragraph insert—
In paragraph 2(1), after paragraph (b) insert—
In paragraph 5, after sub-paragraph (3) insert—
After paragraph 6 insert—
After paragraph 7 insert—
After Schedule 4ZZA insert—
In Schedule 4C (transfers of value: attribution of gains etc), in paragraph 4, after sub-paragraph (2) insert—
Other amendments
TMA 1970 is amended in accordance with paragraphs 42 to 55.
After section 7 insert—
Before section 12AA (and the italic heading before it) insert—
Section 28A (completion of enquiry into personal or trustee return) is amended as follows.
In subsection (1), after “9A(1)” insert “ or 12ZM ”.
In the heading, after “return” insert “ or NRCGT return ”.
Before section 29 insert—
In section 29 (assessment where loss of tax discovered), in subsection (7)(a), omit the “and” following sub-paragraph (i), and after that sub-paragraph insert—.
After section 29 insert—
In section 34 (ordinary time limit of 4 years), after subsection (1) insert—
In section 42 (procedure for making claims), in subsection (11), after “8A,” insert “ 12ZB ”.
In section 59A (payments on account of income tax), omit subsection (7).
After section 59A insert—
Section 59B (payment of income tax and capital gains tax) is amended as follows.
In subsection (1)(b), after “59A” insert “ or 59AA ”.
After subsection (2) insert—
In section 107A (relevant trustees), in subsection (2)(b), after “59A” insert “ , 59AA ”.
In section 118 (interpretation), in subsection (1), at the appropriate place insert—.
Schedule 3ZA (date by which payment to be made after amendment or correction of self-assessment) is amended as follows.
In paragraph 1—
in sub-paragraph (1), at the end insert “ or an advance self-assessment (see section 12ZE(1)) ”;
in sub-paragraph (2), after “section” insert “ 59AA(2) or ”.
In paragraph 2—
in sub-paragraph (1), at the end insert “ or an amendment of an advance self-assessment under section 12ZK (amendment of NRCGT return by taxpayer) ”;
in sub-paragraph (3), after “9B(3)” insert “ or 12ZN(3) ” and after “self-assessment” insert “ or advance self-assessment ”.
In paragraph 3(1), after “9ZB” insert “ or 12ZL ” and after “trustee return” insert “ or NRCGT return ”.
In paragraph 5(1)—
after “amount of tax” insert “ or an amount on account of capital gains tax ”;
after “self-assessment” insert “ or advance self-assessment ”;
omit “personal or trustee”.
In FA 2007, Schedule 24 (penalties for errors) is amended as follows.
In paragraph 1, in the table in sub-paragraph (4), after the entry relating to accounts in connection with a partnership return insert—
After paragraph 21B insert—
In Schedule 36 to FA 2008 (information and inspection powers), after paragraph 21 insert—
In CTA 2009, in section 2 (charge to corporation tax), in subsection (2A), for the words from “under” to the end substitute
In Schedule 55 to FA 2009 (penalty for failure to make returns etc), in the Table in paragraph 1, after item 2 insert—.
That Schedule, as amended by sub-paragraph (1), is taken to have come into force for the purposes of NRCGT returns on the date on which this Act is passed.
Commencement
The amendments made by this Schedule have effect in relation to disposals made on or after 6 April 2015.
Relevant high value disposals: gains and losses
Introduction
The Taxation of Chargeable Gains Act 1992 is amended as follows.
“Relevant high value disposal”
Section 2C (“relevant high value disposal”) is amended as follows.
In subsection (6), in the definition of “the relevant ownership period” for “6 April 2013” substitute “ 6 April in the relevant year ”.
In that subsection, after that definition insert—.
In subsection (7)(b), for “1 April 2013” substitute “ 1 April in the relevant year ”.
Threshold amount for the tax year 2015-16
Section 2D (CGT on ATED-related gains: the threshold amount) is amended as follows.
In subsection (2) for “£2 million” substitute “ £1 million ”.
In subsection (3) for “£2 million” substitute “ £1 million ”.
In subsection (5) for “ “£2 million”” substitute “ “£1 million” ”.
The amendments made by this paragraph have effect in relation to disposals occurring in the tax year 2015-16.
Threshold amount from 6 April 2016
Section 2D (CGT on ATED-related gains: the threshold amount) is amended as follows.
In subsection (2) for “£1 million” substitute “ £500,000 ”.
In subsection (3) for “£1 million” substitute “ £500,000 ”.
In subsection (5) for “ “£1 million”” substitute “ “£500,000” ”.
The amendments made by this paragraph have effect in relation to disposals occurring on or after 6 April 2016.
Restriction of losses
In section 2E (restriction of losses), in subsection (3)—
after “5 April 2013” insert “ etc ”, and
for “post-April 2013” substitute “ post-commencement ”.
Calculation of gains and losses
Schedule 4ZZA (relevant high value disposals: gains and losses) is amended as follows.
For the italic heading before paragraph 2 substitute “ Assets held on 5 April 2013, 5 April 2015 or 5 April 2016: no paragraph 5 election ”.
For paragraph 2 substitute—
Paragraph 3 is amended as follows.
In sub-paragraph (1) for “post-April 2013” substitute “ post-commencement ”.
In sub-paragraph (2)—
for “post-April 2013” substitute “ post-commencement ”, and
for “5 April 2013” substitute “ 5 April in the relevant year ”.
In sub-paragraph (5), for “6 April 2013” substitute “ 6 April in the relevant year ”.
Paragraph 4 is amended as follows.
In sub-paragraph (1)—
for “pre-April 2013” substitute “ pre-commencement ”, and
for “post-April 2013”, in both places, substitute “ post-commencement ”.
In sub-paragraph (2)—
for “pre-April 2013” substitute “ pre-commencement ”, and
for “5 April 2013” substitute “ 5 April in the relevant year ”.
In sub-paragraph (4) for “post-April 2013” substitute “ post-commencement ”.
In sub-paragraph (5) for “pre-April 2013” substitute “ pre-commencement ”.
Paragraph 5 is amended as follows.
In sub-paragraph (1) for “5 April 2013” substitute “ 5 April in the relevant year ”.
In sub-paragraph (3) for “6 April 2013” substitute “ 6 April in the relevant year ”.
For sub-paragraph (6) substitute—
In the italic heading before paragraph 6, for “assets acquired after 5 April 2013” substitute “ or none of Cases 1 to 3 apply ”.
In paragraph 6, for sub-paragraph (1)(b) substitute—
Private residence relief
TCGA 1992 is amended in accordance with this Schedule.
In section 222 (relief on disposal of private residence)—
after subsection (6) insert—;
in subsection (7), for “223” substitute “ 222A ”.
After section 222 insert—
Section 223 (amount of relief) is amended as follows.
In subsection (3)—
after “the purposes of” insert “ sections 222(5) and 222A and ”;
for “was the individual's only or main residence” substitute “ were occupied by the individual as a residence ”.
For subsection (7) substitute—
After section 223 insert—
Section 225 (private residence occupied under terms of settlement) is amended as follows.
The existing text becomes subsection (1).
In that subsection—
in the words before paragraph (a), after “person” insert “ (“B”) ”;
in paragraph (a), for “the occupation of the dwelling-house or part of the dwelling-house, and” substitute “ the matters dealt with in subsection (2), ”;
in paragraph (b), for “the person entitled to occupy the dwelling-house or part of the dwelling-house;” substitute “ B, and ”;
after paragraph (b) insert—.
After that subsection insert—
Section 225A (private residence held by personal representatives) is amended as follows.
In subsection (5)—
in paragraph (a), for the words from “the occupation” to the end substitute “ the matters dealt with in paragraph (aa), ”;
after paragraph (a) insert—;
after paragraph (b) insert
After subsection (6) insert—
In section 225B (disposals in connection with divorce etc), in subsection (4), after “222(5)” insert “ or 222A ”.
In section 225E (disposals by disabled persons or persons in care homes etc), in subsection (6)(b), after “subsection (5) of that section” insert “ or under section 222A ”.
The amendments made by this Schedule have effect in relation to disposals made on or after 6 April 2015.
Plant and machinery allowances: anti-avoidance
CAA 2001 is amended as follows.
Transfer and long funding leaseback: restrictions on lessee's allowances
Section 70DA is amended as follows.
After subsection (5) insert—
After subsection (8) insert—
The amendments made by this paragraph have effect in relation to cases where the lease referred to in section 70DA(1)(b) of CAA 2001 is entered into on or after 26 February 2015.
Restriction on qualifying expenditure on sale, hire purchase (etc) and assignment
Section 218 is amended as follows.
In subsection (1), for “(2) and” substitute “ (2), (2A) and ”.
After subsection (2) insert—
In subsection (3), for the words from the beginning to “transaction,” substitute “ Otherwise, ”.
After that subsection insert—
The amendments made by this paragraph have effect in relation to expenditure of B's that is incurred on or after 26 February 2015.
Transfer followed by hire-purchase etc: restrictions on hirer's allowances
Section 229A is amended as follows.
After subsection (5) insert—
After subsection (9) insert—
The amendments made by this paragraph have effect in relation to cases where the contract referred to in section 229A(1)(c) of CAA 2001 is entered into on or after 26 February 2015.
Restriction on qualifying expenditure on sale, hire purchase (etc) and assignment: VAT
Section 242 is amended as follows.
After subsection (4) insert—
In subsection (5), for the words from the beginning to “transaction,” substitute “ Otherwise, ”.
In subsection (6)—
omit paragraph (a), and
in paragraph (b), for “the smallest amount under subsection (5)” substitute “ subsection (5) applies and the smallest amount under that subsection ”.
After that subsection insert—
The amendments made by this paragraph have effect in relation to expenditure of B's that is incurred on or after 26 February 2015.
Extension of ring fence expenditure supplement
Amendments of Chapter 5 of Part 8 of CTA 2010
Chapter 5 of Part 8 of CTA 2010 (ring fence expenditure supplement) is amended as follows.
In section 307 (overview of Chapter), in subsection (5) for “6” substitute “ 10 ”.
In section 309 (accounting periods), in subsection (4), for the words from “Chapter” to the end substitute
Section 311 (limit on number of accounting periods for which supplement may be claimed) is amended as follows.
In subsection (1) for “6” substitute “ 10 ”.
After subsection (1) insert—
In the heading of the section after “Limit on number” insert “ etc ”.
In section 316 (the mixed pool of qualifying pre-commencement expenditure and supplement previously allowed), after subsection (5) insert—
In section 317 (reduction in respect of disposal receipts under CAA 2001), at the end insert—
After section 318 insert—
Section 326 (the ring fence pool) is amended as follows.
In subsection (3), for “the following provisions of this Chapter” substitute “ sections 327 and 328 ”.
In subsection (4), after “made”, in the first place, insert “ under section 327 or 328 ”.
After subsection (5) insert—
In section 327 (reductions in respect of utilised ring fence losses), after subsection (3) insert—
After section 328 insert—
Abolition of extended ring fence expenditure supplement for onshore activities
In section 270 of CTA 2010 (overview of Part 8) omit subsection (5A).
Schedule 4 to CTA 2010 (index of defined expressions) is amended as follows.
The following definitions are inserted at the appropriate places—;.
The following definitions are omitted—;;;;;;;;;;;;;;;.
In Part 8 of CTA 2010, Chapter 5A (extended ring fence expenditure supplement for onshore activities) is repealed.
Commencement
The amendments made by this Schedule have effect in relation to accounting periods ending on or after 5 December 2013.
Supplementary charge: investment allowance
Amendments of Part 8 of CTA 2010
Part 8 of CTA 2010 (oil activities) is amended in accordance with paragraphs 2 and 3.
Investment allowance
After Chapter 6 insert—
Chapter 7 (reduction of supplementary charge for eligible oil fields) is omitted.
Commencement and transitional provision
Interpretation
In this Part of this Schedule, the following expressions have the same meaning as in Chapter 7 of Part 8 of CTA 2010—“additionally-developed oil field”;“authorisation day”;“eligible oil field”;“new oil field”.
General rules for commencement
The amendment made by paragraph 2 has effect in relation to accounting periods ending on or after 1 April 2015.
The amendment made by paragraph 3 has effect—
in relation to projects authorised as mentioned in section 349A(1)(a) of CTA 2010 on or after 1 April 2015 in additionally-developed oil fields,
in relation to new oil fields whose authorisation day is on or after 1 January 2016, and
in the case of—in relation to accounting periods ending on or after 1 April 2015.
projects authorised as mentioned in section 349A(1)(a) of CTA 2010 before 1 April 2015 in additionally-developed oil fields, or
new oil fields whose authorisation day is before 1 January 2016,
But sub-paragraph (1)(c) is subject to paragraphs 7 and 8 (which relate to field allowance under Chapter 7 of Part 8 of CTA 2010).
Unactivated field allowance to become unactivated investment allowance
This paragraph applies if, in the absence of this Schedule, a company would hold a field allowance for an eligible oil field as a result of section 337 or 347(2) of CTA 2010 immediately before the relevant date.
“The relevant date” is—
in relation to a new oil field whose authorisation day is on or before 1 April 2015, 1 April 2015;
in relation to an additionally-developed oil field, 1 April 2015;
in relation to a new oil field whose authorisation day is after 1 April 2015 but before 1 January 2016, the authorisation day.
The unactivated amount of field allowance held by the company for the oil field immediately before the relevant date, as determined under section 339 of CTA 2010, is to be treated for the purposes of Chapter 6A of Part 8 of CTA 2010 (inserted by paragraph 2) as an amount of unactivated investment allowance generated by the company in the oil field in the relevant period.
“The relevant period” is—
the accounting period in which the relevant date falls, or
where the company has different shares of the equity in the oil field on different days in that accounting period, the reference period (within the meaning of Chapter 6A of Part 8 of CTA 2010) in which the relevant date falls.
Activated field allowance to become activated investment allowance
This paragraph applies if, in the absence of this Schedule, a company would under section 335 or 336 of CTA 2010 carry all or part of a pool of field allowances into the accounting period in which 1 April 2015 falls (“the commencement period”).
The amount that would be carried into that accounting period is to be treated for the purposes of Chapter 6A of Part 8 of CTA 2010 (inserted by paragraph 2) as an amount of activated investment allowance carried forward to the commencement period under section 332EA of that Act.
Supplementary charge: cluster area allowance
Amendments of Part 8 of CTA 2010
Part 8 of CTA 2010 (oil activities) is amended in accordance with paragraphs 2 to 4.
Cluster area allowance
After Chapter 8 insert—
Restriction of field allowances
Section 349A (meaning of “additionally-developed oil field”), so far as it continues to have effect for certain purposes (in accordance with Part 2 of Schedule 12 to this Act) in the case of projects authorised before 1 April 2015, is to be read as if in subsection (1)—
the “and” at the end of paragraph (aa) were omitted;
after paragraph (b) there were inserted
Section 350 (meaning of “new oil field”), so far as it continues to have effect for certain purposes (in accordance with Part 2 of Schedule 12 to this Act) in the case of development authorised before 1 January 2016, is to be read as if after subsection (4) there were inserted—
Transitional provision
Proposed determinations of cluster areas
Sub-paragraph (2) applies if the Secretary of State has published, on any day (“the day of publication”) in the period beginning with 3 December 2014 and ending with the day before the day on which this Act is passed, a proposal to determine a specified offshore area to be a cluster area for the purposes of Chapter 9 of Part 8 of CTA 2010.
The proposal is treated for the purposes of that Chapter—But this sub-paragraph is subject to paragraph 6.
as a determination validly made under section 356JD of that Act and as having had effect from the day of publication, and
if the Secretary of State has published (before the end of the period mentioned in sub-paragraph (1)) an announcement of the withdrawal of the proposal, as having ceased to have effect on the date of publication of that announcement.
If a proposal published as mentioned in sub-paragraph (1) (and not withdrawn before the day on which this Act is passed) assigns an identifying number or other designation to the proposed cluster area, that number or other designation is treated as having been assigned under section 356JD(6).
An area is “offshore” for the purposes of this paragraph if the whole of it lies on the seaward side of the baselines from which the territorial sea of the United Kingdom is measured.
In this paragraph, references to publication are to publication on a website that is, and indicates that it is, kept by or on behalf of the Secretary of State.
Option to exclude certain fields from cluster area allowance
This paragraph applies where—
a cluster area has been determined under section 356JD of CTA 2010 on a day before the cut-off date, or is treated under paragraph 5 as having been so determined, and
a particular oil field would (in the absence of this paragraph) be wholly or partly included in the cluster area for the purposes of Chapter 9 of Part 8 of CTA 2010.
The relevant companies may, within 60 days of the day the determination of the cluster area is published, jointly elect that Chapters 6A and 9 of Part 8 of CTA 2010, and Chapter 7 of that Part so far as it continues to have effect, are to have effect as if no part of the oil field were included in the cluster area (and an election made as mentioned in this sub-paragraph is effective whether made before or after the day on which this Act is passed).
An election under sub-paragraph (2) made on or after the day on which this Act is passed is irrevocable.
In this paragraph “the relevant companies” means the companies which are licensees in the oil field at the date of the election.
“The cut-off date” means a day to be specified in regulations made by the Treasury.
Section 1171(4) of CTA 2010 (regulations etc subject to annulment) does not apply to regulations under sub-paragraph (5).
In this paragraph expressions which are used in Chapter 9 of Part 8 of CTA 2010 have the same meaning as in that Chapter.
Investment allowance and cluster area allowance: further amendments
Amendments of CTA 2010
CTA 2010 is amended as follows.
Section 270 (overview of Part) is amended as follows.
After subsection (6) insert—
Omit subsection (7).
After subsection (7A) insert—
In subsection (8)—
at the end of paragraph (a) insert “ and ”, and
omit paragraph (c) and the “and” before it.
In section 330 (supplementary charge in respect of ring fence trades), for subsection (5) substitute—
After section 330 insert—
In section 356C (generation of onshore allowance), in subsection (9)(a), for “section 351” substitute “ section 356IB ”.
Omit section 356DB (companies with both field allowance and onshore allowance).
Before section 356J (but after the heading “Interpretation”) insert—
In section 356JB (definitions for Chapter 8), in the definition of “adjusted ring fence profits”, for the words from “means” to the end substitute “ is to be read in accordance with section 330ZA ”.
Schedule 4 (index of defined expressions) is amended as follows.
Omit the entries for—“additionally-developed oil field (in Chapter 7 of Part 8)”,“adjusted ring fence profits (in Chapter 7 of Part 8)”,“adjusted ring fence profits (in Chapter 8 of Part 8)”,“authorisation day (in Chapter 7 of Part 8)”,“authorisation of development of an oil field (in Chapter 7 of Part 8)”,“eligible oil field (in Chapter 7 of Part 8)”,“licensee (in Chapter 7 of Part 8)”,“new oil field (in Chapter 7 of Part 8)”,“qualifying oil field (in Chapter 7 of Part 8)”,“relevant income (in Chapter 7 of Part 8)”,“small oil field (in Chapter 7 of Part 8)”,“total field allowance for a new oil field (in Chapter 7 of Part 8)”,“total field allowance for an additionally-developed oil field”,“ultra heavy oil field (in Chapter 7 of Part 8)”, and“ultra high pressure/high temperature oil field (in Chapter 7 of Part 8)”.
At the appropriate places insert—;;;;;;;;;;;;;;;;;;.
Commencement
The amendments made by Part 1 of this Schedule have effect in relation to accounting periods ending on or after 1 April 2015.
Sub-paragraph (1) is subject to sub-paragraphs (3) and (4).
So far as they relate to cluster area allowance under Chapter 9 of Part 8 of CTA 2010 (as inserted by Schedule 13) the amendments made by Part 1 of this Schedule have effect in relation to expenditure incurred on or after 3 December 2014.
So far as they relate to investment allowance under Chapter 6A of Part 8 of CTA 2010 (as inserted by Schedule 12) in respect of oil fields not falling within paragraph 6(1)(a) or (b) of that Schedule, the amendments made by Part 1 of this Schedule have effect subject to paragraphs 7 and 8 of that Schedule.
Landfill tax: material consisting of fines
Part 3 of FA 1996 (landfill tax) is amended as follows.
Section 42 (amount of tax charged on a taxable disposal) is amended as follows.
In subsection (2), after “qualifying material” insert “ or qualifying fines ”.
After subsection (3) insert—
In subsection (4)(a), after “listed” insert “ or what fines are to be qualifying fines ”.
In subsection (6), after “listed,” insert “ or what fines are to be qualifying fines, ”.
In section 63 (qualifying material: special provisions), after subsection (4) insert—
After section 63 insert—
In section 70(1) (interpretation), at the appropriate place insert—.
In section 71 (orders and regulations), subsection (7) is amended as follows.
After paragraph (a) insert—.
After paragraph (c) insert—.
Schedule 5 (provision about information etc) is amended as follows.
In the heading to Part 1, after “Information” insert “ and samples ”.
After paragraph 2A insert—
In paragraph 10 (power to take samples), after sub-paragraph (1) insert—
In paragraph 22 (information)—
in sub-paragraph (1)(b), after “2” insert “ or 2A ”;
in sub-paragraph (3), for the words from “who” to “liable” substitute.
The amendments made by this Schedule have effect in relation to disposals that are—
made in England and Wales or Northern Ireland, and
made (or treated as made) on or after 1 April 2015.
Recovery of unpaid diverted profits tax due from non-UK resident company
Imposing liability on UK representative of non-UK resident company
Chapter 6 of Part 22 of CTA 2010 (collection etc of tax from UK representatives of non-UK resident companies) has effect as if the enactments referred to in section 969(1) of that Act included enactments relating to diverted profits tax so far as they make provision for or in connection with the charging, collection and recovery of diverted profits tax or of interest on that tax.
In its application in accordance with sub-paragraph (1), that Chapter has effect subject to the following modifications.
In a case where section 86 applies in relation to company, that Chapter applies in relation to the avoided PE in relation to that company as it would apply to a permanent establishment in the United Kingdom through which the company carries on a trade.
In section 969(3) of that Act references to “chargeable profits of the company attributable to that establishment” are to be read as references to “taxable diverted profits arising to the company”.
In section 971 of that Act references to the giving or service of a notice includes a reference to the issuing of a notice.
Recovery of diverted profits tax from related companies
Cases in which this Part applies
This Part of this Schedule applies if—
an amount of diverted profits tax has been charged on a company for an accounting period,
the whole or any part of that amount is unpaid at the end of the due and payable date, and
the company is non-UK resident.
In this Part of this Schedule “the taxpayer company” means the company mentioned in sub-paragraph (1).
Meaning of “the relevant period”
In this Part of this Schedule “the relevant period”, in relation to an amount of unpaid diverted profits tax for an accounting period of the taxpayer company, means the period—
beginning 12 months before the start of the accounting period, and
ending when the unpaid tax became payable.
Meaning of “related company”
A company is a “related company”, for the purposes of this Part of this Schedule, if, at any time in the relevant period, it was a member—
of the same group as the taxpayer company,
of a consortium which at that time owned the taxpayer company, or
of the same group as a company which at that time was a member of a consortium owning the taxpayer company.
For the purposes of sub-paragraph (1)(a) two companies are members of the same group if—
one is the 51% subsidiary of the other, or
both are 51% subsidiaries of a third company.
For the purposes of sub-paragraph (1)(c), two companies are members of the same group if they are members of the same group of companies within the meaning of Part 5 of CTA 2010 (group relief).
For the purposes of this Part of this Schedule—
a company is a member of a consortium if it is a member of a consortium within the meaning of Part 5 of CTA 2010, and
a company is owned by a consortium if it is owned by a consortium within the meaning of that Part.
In this paragraph “51% subsidiary” has the meaning given by section 1154 of CTA 2010.
Notice requiring payment of unpaid tax
An officer of Revenue and Customs may serve a notice on a related company requiring it, within 30 days of the service of the notice, to pay—
in a case which is not a consortium case, the amount of the unpaid tax, or
in a consortium case, the proportion of that amount found under paragraph 7.
The notice must state—
the amount of diverted profits tax charged on the taxpayer company for the accounting period in question that remains unpaid,
the date when it first became payable, and
the amount which is to be paid by the company on which the notice is served.
The notice has effect—as if it were a charging notice and that amount were an amount of diverted profits tax charged on that company.
for the purposes of the recovery from that company of the amount required to be paid and of interest on that amount, and
for the purposes of appeals,
In this Part of this Schedule “consortium case” means a case where the related company is not within paragraph 4(1)(a).
Time limit for giving notice
A notice under this Part of this Schedule must be served before the end of the period of 3 years beginning with the date when the charging notice or supplementary charging notice imposing the charge to tax was issued.
Amount payable in consortium case
In a consortium case, the amount that the related company may be required to pay by notice under this Part of this Schedule is the proportion of the unpaid tax corresponding—
if the company is only within paragraph 4(1)(b), to the share which the company has had in the consortium for the relevant period,
if the company is only within paragraph 4(1)(c), to the share which companies that have been members of the same group of companies as the company have had in the consortium for the relevant period, or
if the company is within paragraph 4(1)(b) and (c), to whichever is the greater of the amounts given by paragraph (a) and (b).
For the purposes of this paragraph, a member's share in a consortium, in relation to the relevant period, is whichever is the lowest in that period of the percentages specified in sub-paragraph (3).
Those percentages are—
the percentage of the ordinary share capital of the taxpayer company which is beneficially owned by the member,
the percentage to which the member is beneficially entitled of any profits available for distribution to equity holders of the taxpayer company, and
the percentage to which the member would be beneficially entitled of any assets of the taxpayer company available for distribution to its equity holders on a winding up.
If any of the percentages mentioned in sub-paragraph (3) has fluctuated in the relevant period, the average percentage over the period is to be taken.
Chapter 6 of Part 5 of CTA 2010 (equity holders and profits or assets available for distribution) applies for the purposes of sub-paragraph (3) as it applies for the purposes of sections 143(3)(b) and (c) and 144(3)(b) and (c) of that Act.
Part 2: supplementary
A company that has paid an amount in pursuance of a notice under this Part of this Schedule may recover that amount from the taxpayer company.
A payment in pursuance of a notice under this Part of this Schedule is not allowed as a deduction in calculating income, profits or losses for any tax purposes.
Disclosure of tax avoidance schemes
Requirement to update DOTAS information
After section 310B of FA 2004 insert—
In section 316 of that Act (information to be provided in form and manner specified by HMRC), in subsection (2), after “310A,” insert “ 310C, ”.
In section 98C of TMA 1970 (notification under Part 7 of FA 2004), in subsection (2), after paragraph (ca) insert—.
Arrangements to be given reference number
In section 311(1)(a) of FA 2004 (period for allocation of reference number to arrangements) for “30 days” substitute “ 90 days ”.
Notification of employees
Section 312A of FA 2004 (duty of client to notify parties of number) is amended as follows.
After subsection (2) insert—
For subsection (3) substitute—
In subsection (4), for “the duty under subsection (2)” substitute “ one or both of the duties under this section ”.
In subsection (5), after “subsection (2)” insert “ or (2A) ”.
In section 313 of that Act (duty of parties to notifiable arrangements to notify Board of number, etc), after subsection (5) insert—
In section 316 of that Act (information to be provided in form and manner specified by HMRC), in subsection (2), after “312A(2)” insert “ and (2A) ”.
In section 98C of TMA 1970 (notification under Part 7 of FA 2004), in subsection (2), in paragraph (da), after “312A(2)” insert “ and (2A) ”.
Employers' duty of disclosure
After section 313ZB of FA 2004 insert—
In section 316 of that Act (information to be provided in form and manner specified by HMRC), in subsection (2), for “and 313ZA(3)” substitute “ , 313ZA(3) and 313ZC(5) ”.
In section 98C of TMA 1970 (notification under Part 7 of FA 2004), in subsection (2), after paragraph (dc) insert—.
Identifying scheme users
Section 313C of FA 2004 (information provided to introducers) is amended as follows.
For subsection (1) substitute—
In subsection (3), for “or by virtue of subsection (1)” substitute “ subsection (1A) ”.
For the heading substitute “ Provision of information to HMRC by introducers ”.
In section 98C of TMA 1970 (notification under Part 7 of FA 2004: penalties), in subsection (2)(f) after “information” insert “ or have been provided with information ”.
Additional information
In section 98C of TMA 1970 (notification under Part 7 of FA 2004), in subsection (2), omit the “and” at the end of paragraph (e) and after paragraph (f) insert
Protection of persons making voluntary disclosures
Publication of DOTAS information
After section 316B of FA 2004 insert—
Increase in penalties for failure to comply with section 313 of FA 2004
In section 98C of TMA 1970 (notification under Part 7 of FA 2004)—
in subsection (3) for “penalty of the relevant sum” substitute “ penalty not exceeding the relevant sum ”, and
in subsection (4)—
in paragraph (a) for “£100” substitute “ £5,000 ”,
in paragraph (b) for “£500” substitute “ £7,500 ”, and
in paragraph (c) for “£1,000” substitute “ £10,000 ”.
Transitional provisions
Section 310C of FA 2004 applies in relation to notifiable arrangements, or proposed notifiable arrangements, only if a reference number under section 311 of that Act is allocated to the arrangements on or after the day on which this Act is passed.
But section 310C of FA 2004 does not apply in relation to notifiable arrangements, or proposed notifiable arrangements, where prescribed information relating to the arrangements was provided to HMRC before that day in compliance with section 308 of that Act.
Any notice given by HMRC under section 312A(4) of FA 2004 (notice that section 312A(2) duty does not apply) before the day on which this Act is passed is treated on and after that day as given also in relation to the duty under section 312A(2A) of that Act.
Section 316C of FA 2004 applies in relation to notifiable arrangements, or proposed notifiable arrangements, only if a reference number under section 311 of that Act is allocated to the arrangements on or after the day on which this Act is passed.
But section 316C of FA 2004 does not apply in relation to notifiable arrangements, or proposed notifiable arrangements, where prescribed information relating to the arrangements was provided to HMRC before that day in compliance with section 308, 309 or 310 of that Act.
Section 316C(2)(b) of FA 2004 applies in relation to a ruling of a court or tribunal only if the ruling is given on or after the day on which this Act is passed.
Accelerated payments: group relief
Amendments of Part 4 of FA 2014
Part 4 of FA 2014 (accelerated payments etc) is amended as follows.
In section 199 (overview of Part 4), in paragraph (c) omit the “and” at the end of sub-paragraph (ii), and after sub-paragraph (iii) insert
Section 220 (content of notice given while a tax enquiry is in progress) is amended as follows.
In subsection (2)—
in paragraph (b), after “the payment” insert “ (if any) ”, and
omit the “and” at the end of that paragraph, and after paragraph (c) insert
After subsection (4) insert—
In subsection (6), for “the payment specified under subsection (2)(b)” substitute “ any payment specified under subsection (2)(b) or amount specified under subsection (2)(d) ”.
Section 221 (content of notice given pending an appeal) is amended as follows.
In subsection (2)—
in paragraph (b), after “the disputed tax” insert “ (if any) ”, and
omit the “and” at the end of paragraph (b) and after paragraph (c) insert
Section 222 (representations about a notice) is amended as follows.
In subsection (2) omit the “or” at the end of paragraph (a), and after paragraph (b) insert
In subsection (4)—
omit the “and” at the end of paragraph (a),
in paragraph (b), after “different amount” insert “ (or no amount) ”, and
omit the “or” after sub-paragraph (i) of that paragraph and after sub-paragraph (ii) insert.
Section 223 (effect of notice given while tax enquiry is in progress) is amended as follows.
For subsection (1) substitute—
In subsection (2), for “the amount specified in the notice in accordance with section 220(2)(b)” substitute “ that amount ”.
Accordingly, in the heading for that section after “progress” insert “ : accelerated payment ”.
After section 225 insert—
Section 227 (withdrawal, modification or suspension of accelerated payment notice) is amended as follows.
In subsection (2) omit the “or” after paragraph (b) and after paragraph (c) insert
In subsection (4), after “(2)(c)” insert “ or (d) ”.
In subsection (6)(b), after “advantage” insert “ etc ”.
In subsection (7), omit the “and” after paragraph (a) and after paragraph (b) insert
After subsection (12) insert—
After subsection (13) insert—
After section 227 insert—
Schedule 32 (accelerated payments and partnerships) is amended as follows.
In paragraph 4 (content of partner payment notice)—
in sub-paragraph (1), in paragraph (b), after “the payment” insert “ (if any) ”,
in that sub-paragraph omit the “and” at the end of paragraph (b) and after paragraph (c) insert,
after sub-paragraph (4) insert—, and
in sub-paragraph (5), for “the payment specified under sub-paragraph (1)(b)” substitute “ any payment specified under sub-paragraph (1)(b) or amount specified under sub-paragraph (1)(d) ”.
In paragraph 5 (representations about a partner payment notice)—
in sub-paragraph (2) omit the “or” at the end of paragraph (a), and after paragraph (b) insert,
in sub-paragraph (4), omit the “and” at the end of paragraph (a),
in paragraph (b) of that sub-paragraph, after “different amount” insert “ (or no amount) ”,
in that paragraph, omit the “or” at the end of sub-paragraph (i) and after sub-paragraph (ii) insert, and
after that paragraph insert.
In paragraph 6 (effect of partner payment notice)—
for sub-paragraph (1) substitute—, and
in sub-paragraph (2) for “the amount specified in the notice in accordance with paragraph 4(1)(b)” substitute “ that amount ”.
After paragraph 6 insert—
In paragraph 8 (withdrawal, suspension or modification of partner payment notices), in sub-paragraph (2)—
before paragraph (a) insert—, and
omit the “and” after paragraph (a) and after paragraph (b) insert
Consequential amendment
In section 55 of TMA 1970 (recovery of tax not postponed), in subsection (8C) omit the “or” after paragraph (b) and after paragraph (c) insert
Transitional provision
Section 225A(3) of FA 2014 (effect of notices: surrender of losses ineffective) (inserted by paragraph 7 of this Schedule) has effect in relation to an amount specified in a notice in accordance with section 220(2)(d) or 221(2)(d) of that Act (inserted by paragraphs 3(2) and 4(2) of this Schedule) whether the consent to a claim for group relief was given, or the claim itself was made, before or on or after the day on which this Act is passed.
Paragraph 6A(3) of Schedule 32 to FA 2014 (partnerships: effect of notices: surrender of losses ineffective) (inserted by paragraph 10(5) of this Schedule) has effect in relation to an amount specified in a notice in accordance with paragraph 4(1)(d) of that Schedule (inserted by paragraph 10(2) of this Schedule) whether the consent to a claim for group relief was given, or the claim itself was made, before or on or after the day on which this Act is passed.
Promoters of tax avoidance schemes
Part 5 of FA 2014 (promoters of tax avoidance schemes) is amended as follows.
Treating persons as meeting a threshold condition
Section 237 (duty to give conduct notice) is amended as follows.
After subsection (1) insert—
In subsection (3), for the words from “the” to the end substitute “ when a person is treated as meeting a threshold condition ”.
For subsection (5) substitute—
In subsection (7), for “subsection (5)” substitute “ subsection (5)(a) ”.
After subsection (7) insert—
In subsection (9), omit “mentioned in subsection (1)(a)”.
After subsection (9) insert—
In section 283 (interpretation of Part 5), in the definition of “conduct notice”, after “section 237(7)” insert “ or (7A) ”.
Part 2 of Schedule 34 (meeting the threshold conditions) is amended as follows.
In the heading, at the end insert “ and partnerships ”.
For paragraph 13 substitute—
In Schedule 36 (partnerships)—
omit paragraph 4 (threshold conditions: actions of partners in a personal capacity) and the italic heading before it,
omit paragraph 20 (definition of “managing partner”) and the italic heading before it, and
in paragraph 21 (power to amend definitions) omit “or 20”.
Failure to comply with Part 7 of FA 2004
In Schedule 34 (threshold conditions), in paragraph 5 (non-compliance with Part 7 of FA 2004), for sub-paragraph (2) substitute—
Disciplinary action in relation to professionals etc
In Schedule 34 (threshold conditions), paragraph 8 (disciplinary action: professionals etc) is amended as follows.
For sub-paragraph (1) substitute—
In the heading, for “by a professional body” substitute “ against a member of a trade or profession ”.
In sub-paragraph (3), in paragraph (h), for “for” substitute “ of ”.
Power to amend Schedule 34
In Part 3 of Schedule 34 (power to amend), at the end of paragraph 14(2) insert—
Commencement
The amendments made by paragraphs 2 to 7 have effect for the purposes of determining whether a person meets a threshold condition in a period of three years ending on or after the day on which this Act is passed.
Penalties in connection with offshore matters and offshore transfers
Penalties for errors
Schedule 24 to FA 2007 is amended as follows.
Paragraph 4 (penalties payable under paragraph 1) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2)—
in paragraph (a), for “30%” substitute “ 37.5% ”,
in paragraph (b), for “70%” substitute “ 87.5% ”, and
in paragraph (c), for “100%” substitute “ 125% ”.
In sub-paragraph (5), for “3” substitute “ 4 ”.
Paragraph 4A (categorisation of inaccuracies) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (2)—
in paragraph (a), after “matter” insert “ or an offshore transfer ”, and
in paragraph (c), for “or capital gains tax” substitute “ , capital gains tax or inheritance tax ”.
In sub-paragraph (3)—
in paragraph (a), after “matter” insert “ or an offshore transfer ”, and
in paragraph (c), for “or capital gains tax” substitute “ , capital gains tax or inheritance tax ”.
After sub-paragraph (4) insert—
In sub-paragraph (5), for the words following “revenue” substitute “ and does not involve either an offshore matter or an offshore transfer ”.
In sub-paragraph (6)(a), after “matters” insert “ or transfers ”.
In sub-paragraph (7), for “ “Category 1” substitute “ “Category 0 territory”, “category 1”.
After paragraph 4A insert—
In paragraph 10 (standard percentage reductions for disclosure), in the Table in sub-paragraph (2), at the appropriate places insert—., and.
In paragraph 12(5) (interaction with other penalties and late payment surcharges: the relevant percentage)—
before paragraph (a) insert—, and
in paragraph (a), for “100%” substitute “ 125% ”.
Paragraph 21A (classification of territories) is amended as follows.
Before sub-paragraph (1) insert—
For sub-paragraph (2) substitute—
For sub-paragraph (7) substitute—
Paragraph 21B (location of assets etc) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2), for “and capital gains tax” substitute “ , capital gains tax and inheritance tax ”.
Penalties for failure to notify
Schedule 41 to FA 2008 is amended as follows.
Paragraph 6 (amount of penalty: standard amount) is amended as follows.
After sub-paragraph (1) insert—
In sub-paragraph (2)—
in paragraph (a), for “100%” substitute “ 125% ”,
in paragraph (b), for “70%” substitute “ 87.5% ”, and
in paragraph (c), for “30%” substitute “ 37.5% ”.
In sub-paragraph (5), for “3” substitute “ 4 ”.
Paragraph 6A (categorisation of failures) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (2)(a), after “matter” insert “ or an offshore transfer ”.
In sub-paragraph (3)(a), after “matter” insert “ or an offshore transfer ”.
After sub-paragraph (4) insert—
In sub-paragraph (5), for the words following “revenue” substitute “ and does not involve either an offshore matter or an offshore transfer ”.
In sub-paragraph (6)(a), after “matters” insert “ or transfers ”.
Omit sub-paragraph (8).
In sub-paragraph (9), after “paragraph” insert “ and paragraph 6AA ”.
After paragraph 6A insert—
In paragraph 13 (standard percentage reductions for disclosure), in the Table in sub-paragraph (3), at the appropriate places insert—,, and.
Penalties for failure to make returns etc
Schedule 55 to FA 2009 is amended as follows.
Paragraph 6 (penalty for failure continuing 12 months after penalty date) is amended as follows.
In sub-paragraph (3A)—
before paragraph (a) insert—, and
in paragraph (a), for “100%” substitute “ 125% ”.
In sub-paragraph (4A)—
before paragraph (a) insert—, and
in paragraph (a), for “70%” substitute “ 87.5% ”.
In sub-paragraph (6), for “3” substitute “ 4 ”.
Paragraph 6A (categorisation of information) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (2)—
in paragraph (a), after “matter” insert “ or an offshore transfer ”, and
in paragraph (c), for “or capital gains tax” substitute “ , capital gains tax or inheritance tax ”.
In sub-paragraph (3)—
in paragraph (a), after “matter” insert “ or an offshore transfer ”, and
in paragraph (c), for “or capital gains tax” substitute “ , capital gains tax or inheritance tax ”.
After sub-paragraph (4) insert—
In sub-paragraph (5), for the words following “if” substitute “ it does not involve an offshore matter or an offshore transfer ”.
In sub-paragraph (6)(a), after “matters” insert “ or transfers ”.
Omit sub-paragraph (8).
In sub-paragraph (9), after “paragraph” insert “ and paragraph 6AA ”.
After paragraph 6A insert—
In paragraph 15 (standard percentage reductions for disclosure), in the Table in sub-paragraph (2), at the appropriate places insert—, and.
In paragraph 17(4) (interaction with other penalties and late payment surcharges), omit the “and” at the end of paragraph (b) and after that paragraph insert—.
General anti-abuse rule: aggregate penalties
In Schedule 43C to FA 2013(general anti-abuse rule: supplementary provision about penalty), sub-paragraph (6) of paragraph 8 is amended as follows.
After paragraph (b) insert—.
In sub-paragraph (c) for “neither paragraph (a) nor paragraph (b) applies” substitute “none of paragraphs (a) to (ba) applies.
In sub-paragraph (d) for “none of paragraphs (a), (b) and (c) applies” substitute “none of paragraphs (a) to (c) applies.
Follower notices: aggregate penalties
Section 212(5) of FA 2014 (follower notices: aggregate penalties) is amended as follows.
After paragraph (b) insert—.
In paragraph (c), for “neither paragraph (a) nor paragraph (b) applies” substitute“ none of paragraphs (a) to (ba) applies ”.
In paragraph (d), for “none of paragraphs (a), (b) and (c) applies” substitute“ none of paragraphs (a) to (c) applies ”.
Penalties in connection with offshore asset moves
Penalty linked to offshore asset moves
A penalty is payable by a person (“P”) where Conditions A, B and C are met.
Condition A is that—
P is liable for a penalty specified in paragraph 2 (“the original penalty”), and
where the original penalty is a penalty specified in paragraph (a), (b), (c) or (d) of paragraph 2, the original penalty is for a deliberate failure (see paragraph 3).
Condition B is that there is a relevant offshore asset move (see paragraph 4) which occurs after the relevant time (see paragraph 5).
Condition C is that—
the main purpose, or one of the main purposes, of the relevant offshore asset move is to prevent or delay the discovery by Her Majesty's Revenue and Customs (“HMRC”) of a potential loss of revenue, and
the original penalty relates to an inaccuracy or failure which relates to the same potential loss of revenue.
Original penalties triggering penalties under this Schedule
The penalties referred to in paragraph 1(2) are—
a penalty under paragraph 1 of Schedule 24 to FA 2007 (penalty for error in taxpayer's document) in relation to an inaccuracy in a document of a kind listed in the Table in paragraph 1 of that Schedule, where the tax at stake is income tax, capital gains tax or inheritance tax,
a penalty under paragraph 1 of Schedule 41 to FA 2008 (penalty for failure to notify etc) in relation to the obligation under section 7 of TMA 1970 (obligation to give notice of liability to income tax or capital gains tax), ...
a penalty under paragraph 6 of Schedule 55 to FA 2009 (penalty for failures to make return etc where failure continues after 12 months), where the tax at stake is income tax, capital gains tax or inheritance tax , and
a penalty under paragraph 1 of Schedule 18 to FA 2017(requirement to correct relevant offshore tax non-compliance) , and
a penalty under paragraph 3 of Schedule 25 to FA 2021 (penalties for deliberately withholding information), where the tax at stake is income tax or capital gains tax.
“Deliberate failure”
The original penalty is for a “deliberate failure” if—and terms used in paragraph (d) have the same meaning as in Schedule 18 to FA 2017.
in the case of a penalty within paragraph 2(a), the inaccuracy to which it relates was deliberate on P's part (whether or not concealed);
in the case of a penalty within paragraph 2(b), the failure by P was deliberate (whether or not concealed);
in the case of a penalty within paragraph 2(c), the withholding of the information, resulting from the failure to make the return, is deliberate (whether or not concealed).
in the case of a penalty within paragraph 2(d), P was aware at any time during the RTC period that at the end of the 2016-17 tax year P had relevant offshore tax non-compliance to correct;
“Relevant offshore asset move”
There is a “relevant offshore asset move” if, at a time when P is the beneficial owner of an asset (“the qualifying time”)—and P remains the beneficial owner of the asset, or any part of it, immediately after the qualifying time.
the asset ceases to be situated or held in a specified territory and becomes situated or held in a non-specified territory,
the person who holds the asset ceases to be resident in a specified territory and becomes resident in a non-specified territory, or
there is a change in the arrangements for the ownership of the asset,
Whether a territory is a “specified territory” or “non-specified territory” is to be determined, for the purposes of sub-paragraph (1), as at the qualifying time.
Where—the original asset and the new asset are to be treated as the same asset for the purposes of determining whether there is a relevant offshore asset move.
an asset of which P is the beneficial owner (“the original asset”) is disposed of, and
all or part of any proceeds from the sale of the asset are (directly or indirectly) reinvested in another asset of which P is also the beneficial owner (“the new asset”),
“Asset” has the meaning given in section 21(1) of TCGA 1992, but also includes sterling.
“Specified territory” means a territory specified in regulations made by the Treasury by statutory instrument; and references to “non-specified territory” are to be construed accordingly.
Regulations under sub-paragraph (5) are subject to annulment in pursuance of a resolution of the House of Commons.
“Relevant time”
“The relevant time” has the meaning given by this paragraph.
Where the original penalty is under Schedule 24 to FA 2007, the relevant time is—
if the tax at stake as a result of the inaccuracy is income tax or capital gains tax, the beginning of the tax year to which the document containing the inaccuracy relates, and
if the tax at stake as a result of the inaccuracy is inheritance tax, the time when liability to the tax first arises.
Where the original penalty is for a failure to comply with an obligation specified in the table in paragraph 1 of Schedule 41 of FA 2008, the relevant time is the beginning of the tax year to which that obligation relates.
Where the original penalty is a penalty under paragraph 6 of Schedule 55 to FA 2009 for a failure to make a return or deliver a document specified in the table in paragraph 1 of Schedule 55 to FA 2009 that Schedule, the relevant time is—
if the tax at stake is income tax or capital gains tax, the beginning of the tax year to which the return or document relates, and
if the tax at stake is inheritance tax, the time when liability to the tax first arises.
Where the original penalty is under paragraph 1 of Schedule 18 to FA 2017, the relevant time is the time when that Schedule comes into force.
Where the original penalty is a penalty under paragraph 3 of Schedule 25 to FA 2021 for a failure to make a return or deliver a document specified in the table in paragraph 1 of that Schedule, the relevant time is, if the tax at stake is income tax or capital gains tax, the beginning of the tax year to which the return or document relates.
Amount of the penalty
The penalty payable under paragraph 1(1) is 50% of the amount of the original penalty payable by P.
The penalty payable under paragraph 1(1) is not a penalty determined by reference to a liability to tax (despite the fact that the original penalty by reference to which it is calculated may be such a penalty).
Assessment
Where a person becomes liable for a penalty under paragraph 1(1), HMRC must—
assess the penalty,
notify the person, and
state in the notice the tax period in respect of which the penalty is assessed.
A penalty under paragraph 1(1) must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.
An assessment—
is to be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for by this Schedule),
may be enforced as if it were an assessment to tax, and
may be combined with an assessment to tax.
An assessment of a penalty under paragraph 1(1) must be made within the same period as that allowed for the assessment of the original penalty.
If, after an assessment of a penalty is made under this paragraph, HMRC amends the assessment, or makes a supplementary assessment, in respect of the original penalty, it must also at the same time amend the assessment, or make a supplementary assessment, in respect of the penalty under paragraph 1(1) to ensure that it is based on the correct amount of the original penalty.
In this paragraph—
a reference to an assessment to tax, in relation to inheritance tax, is to a determination, and
“tax period” means a tax year, accounting period or other period in respect of which tax is charged.
Appeal
A person may appeal against a decision of HMRC that a penalty is payable by the person.
An appeal under this paragraph is to be treated in the same way as an appeal against an assessment to, or determination of, the tax concerned (including by the application of any provision about bringing the appeal by notice to HMRC, about HMRC review of the decision or about determination of the appeal by the First-tier Tribunal or Upper Tribunal).
Sub-paragraph (2) does not apply in respect of a matter expressly provided for by this Schedule.
On an appeal under this paragraph, the tribunal may affirm or cancel HMRC's decision.
Commencement and transitionals
This Schedule has effect in relation to relevant offshore asset moves occurring after the day on which this Act is passed.
For the purposes of this Schedule, it does not matter if liability for the original penalty first arose on or before that day, unless the case is one to which sub-paragraph (3) applies.
The original penalty is to be ignored if P's liability for it for arose before the day on which this Act is passed and before that day—
if the original penalty was under Schedule 24 to FA 2007, any tax which was unpaid as a result of the inaccuracy has been assessed or determined;
if the original penalty was under Schedule 41 to FA 2008 or Schedule 55 to FA 2009, the failure to which it related was remedied and any tax which was unpaid as a result of the failure has been assessed or determined.