UKPGA-2024-3 Finance Act 2024 UK

Current to 2026-07-02

Contents
preamble

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 King’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:—

Paragraph

Most Gracious Sovereign

Part 1

Income tax and corporation tax

Capital allowances for companies

s. 1 — Permanent full expensing etc for expenditure on plant or machinery
s. 1(1)

In section 7 of F(No.2)A 2023 (temporary full expensing etc for expenditure on plant or machinery), in subsection (3), in the inserted section 45S of CAA 2001, in paragraph (a), omit “but before 1 April 2026”.

s. 1(2)

In consequence of the provision made by subsection (1)—

s. 1(2)(a)

the amendments made by subsections (2) to (6) of section 7 of F(No.2)A 2023 are instead to operate as textual amendments of Part 2 of CAA 2001, and

s. 1(2)(b)

accordingly, in subsection (1) of that section, for the words from “has effect” to the end substitute “is amended as follows”, and, in the italic heading inserted by subsection (6) of that section, omit “temporary”.

Research and development

s. 2 — New regime for research and development carried out by companies

Schedule 1—

s. 2(a)

replaces the existing scheme for R&D expenditure credit,

s. 2(b)

amends the existing scheme for R&D relief, and

s. 2(c)

makes related provision.

Films, television programmes, video games etc

s. 3 — Films, television programmes and video games produced by companies

Schedule 2 replaces Parts 15 to 15B of CTA 2009 with a new regime for the taxation of companies producing films, television programmes and video games, including relief in the form of payable credits arising from expenditure on production activities.

s. 4 — Theatrical productions made by companies

Schedule 3 amends the regime for the taxation of companies producing theatrical productions in Part 15C of CTA 2009.

s. 5 — Orchestral concerts produced by companies

Schedule 4 amends the regime for the taxation of companies producing orchestral concerts in Part 15D of CTA 2009.

s. 6 — Museum and gallery exhibitions produced by companies

Schedule 5 amends the regime for the taxation of companies producing museum and gallery exhibitions in Part 15E of CTA 2009.

s. 7 — Sections 3 to 6: administration of reliefs

Schedule 6 amends Schedule 18 to FA 1998 (company tax returns etc) in relation to the reliefs introduced or amended by sections 3 to 6.

Real Estate Investment Trusts

s. 8 — Miscellaneous amendments relating to REITs

Schedule 7 makes miscellaneous amendments to the corporation tax regime for Real Estate Investment Trusts.

Tonnage tax

s. 9 — Managers of ships

Schedule 8 amends Schedule 22 to FA 2000 to make provision to enable companies, and groups of companies, that manage qualifying ships to make a tonnage tax election (so that their profits for the purposes of corporation tax are calculated in accordance with the tonnage tax regime).

s. 10 — Increase in capital allowances limit for ship leasing
s. 10(1)

Paragraph 94 of Schedule 22 to FA 2000 (tonnage tax: restrictions on capital allowances) is amended as follows.

s. 10(2)

In sub-paragraph (3), for “£40 million”, in both places it occurs, substitute “£100 million”.

s. 10(3)

In sub-paragraph (5), for “£80 million” substitute “£200 million”.

s. 10(4)

The amendments made by subsections (2) and (3) have effect in relation to leases entered into on or after 1 April 2024.

Other reliefs

s. 11 — Extension of EIS relief and VCT relief to shares issued before 6 April 2035
s. 11(1)

In— for “2025” substitute “2035”.

s. 11(1)(a)

section 157(1)(aa) of ITA 2007 (which limits EIS relief to shares issued before 6 April 2025), and

s. 11(1)(b)

section 261(3)(za) of that Act (which limits VCT relief to shares issued before that date),

s. 11(2)

This section comes into force on such day as the Treasury may by regulations appoint.

s. 12 — Relief for payments of compensation by government etc to companies
s. 12(1)

FA 2020 is amended as follows.

s. 12(2)

After paragraph 5 of Schedule 15 (tax relief for scheme payments) insert—

s. 12(3)

In consequence of the amendment made by subsection (2)—

s. 12(3)(a)

in section 102—

s. 12(3)(a)(i)

omit “and” after paragraph (b), and

s. 12(3)(a)(ii)

after that paragraph insert— ;

s. 12(3)(b)

before paragraph 1 of Schedule 15 (and the italic heading before it) insert— ;

s. 12(3)(c)

in each of the following provisions of Schedule 15, before “Schedule” insert “Part of this”—

s. 12(3)(c)(i)

paragraph 1(1);

s. 12(3)(c)(ii)

paragraph 1(2);

s. 12(3)(c)(iii)

paragraph 2(6).”

s. 13 — Enterprise management incentives: time limits
s. 13(1)

Part 7 of Schedule 5 to ITEPA 2003 (enterprise management incentives: notification of options) is amended as follows.

s. 13(2)

In paragraph 44(1) (time within which notice of options must be given to HMRC) for “within 92 days after the date of the grant of the option” substitute “on or before 6 July following the end of the tax year in which the option was granted”.

s. 13(3)

In paragraph 46(5) (time for giving of notices of enquiry)—

s. 13(3)(a)

for “end of the period of 92 days” substitute “date”;

s. 13(3)(b)

for “period within” substitute “date by”.

s. 13(4)

The amendments made by this section have effect in relation to share options (within the meaning of the EMI code (see paragraph 59 of Schedule 5 to ITEPA 2003)) granted on or after 6 April 2024.

s. 14 — Provision in connection with abolition of the lifetime allowance charge
s. 14(1)

Schedule 9 contains amendments in consequence of, or otherwise in connection with, the provision made by sections 18, 19 and 23 of F(No.2)A 2023 (which relate to the abolition of the lifetime allowance charge).

s. 14(2)

In that Schedule—

s. 14(2)(a)

Part 1 contains repeals of the provisions of Part 4 of FA 2004 (pension schemes etc) that impose the lifetime allowance charge, and amendments relating to those repeals;

s. 14(2)(b)

Part 2 contains amendments of Part 4 of FA 2004, Part 9 of ITEPA 2003, and subordinate legislation, relating to the taxation of lump sums paid by registered pension schemes;

s. 14(2)(c)

Part 3 contains amendments of Part 4 of FA 2004, Part 9 of ITEPA 2003, and subordinate legislation, relating to the taxation of lump sums paid by certain unregistered non-UK pension schemes and to the overseas transfer charge;

s. 14(2)(d)

Part 4 contains amendments of provisions that confer transitional protections in relation to the introduction of the lifetime allowance charge or reductions in the amount of the lifetime allowance;

s. 14(2)(e)

Part 5 contains amendments of Part 4 of FA 2004 and subordinate legislation relating to the provision of information;

s. 14(2)(f)

Part 6 contains provision about commencement and transitional matters, and powers to make further provision.

s. 14(3)

The following provisions of F(No.2)A 2023 (which are superseded by the amendments contained in Parts 1 and 2 of Schedule 9) are repealed— section 18 (abolition of lifetime allowance charge); section 19 (certain lump sums to be taxed at marginal rate).

s. 14(4)

The amendments contained in Schedule 9 include repeals of provisions that are spent or are no longer of practical utility.

s. 15 — MPs’ pension scheme etc: rectification of discrimination
s. 15(1)

The Treasury may by regulations make provision about the treatment for the purposes of income tax or capital gains tax of—

s. 15(1)(a)

rectification payments, or tax redress payments, made to or in respect of a member of a relevant pension scheme,

s. 15(1)(b)

tax windfalls resulting from a rectification exercise, or

s. 15(1)(c)

increases or decreases resulting from a rectification exercise in—

s. 15(1)(c)(i)

the rate of a scheme pension payable by a relevant pension scheme, or

s. 15(1)(c)(ii)

the value of any rights under a relevant pension scheme in respect of a member.

s. 15(2)

“Relevant pension scheme” means—

s. 15(2)(a)

an MPs’ pension scheme,

s. 15(2)(b)

a Senedd pension scheme, or

s. 15(2)(c)

an Assembly pension scheme.

s. 15(3)

“Rectification payment” means—

s. 15(3)(a)

a payment of pension benefits that—

s. 15(3)(a)(i)

are payable as a result of a rectification exercise, and

s. 15(3)(a)(ii)

would have become payable at an earlier time if the rectification exercise had been retrospective, or

s. 15(3)(b)

a refund of pension contributions that is owed as a result of a rectification exercise.

s. 15(4)

“Tax redress payment” means a payment made to or in respect of a member of a relevant pension scheme where—

s. 15(4)(a)

the member was subject to a rectification exercise, and

s. 15(4)(b)

the payment represents compensation for an amount paid in respect of an income tax liability for any tax year that would not have arisen if the rectification exercise had been retrospective.

s. 15(5)

“Tax windfall”, in relation to a rectification exercise and a member of a relevant pension scheme, means— if the rectification exercise had been retrospective.

s. 15(5)(a)

a liability of the member for the annual allowance charge that would have arisen in the tax year 2023-24 or any earlier tax year, or

s. 15(5)(b)

a liability of the member for the lifetime allowance charge that would have arisen in the tax year 2022-23 or any earlier tax year,

s. 15(6)

“Rectification exercise” means an exercise, conducted by a relevant pension scheme in accordance with the rules of the scheme, under which the benefits payable to or in respect of a member in respect of the member’s remediable service (or any part of the member’s remediable service)—

s. 15(6)(a)

cease to be career average benefits and become instead final salary benefits, or

s. 15(6)(b)

cease to be final salary benefits and become instead career average benefits.

s. 15(7)

Regulations under this section may—

s. 15(7)(a)

modify any enactment contained in the Income Tax Acts or relating to capital gains tax;

s. 15(7)(b)

impose a charge to income tax in relation to a tax windfall;

s. 15(7)(c)

make different provision for different cases;

s. 15(7)(d)

include consequential, incidental, supplemental, transitional, transitory or saving provision.

s. 15(8)

Regulations under this section—

s. 15(8)(a)

if made before 6 April 2025, may be made so as to have effect in relation to the tax year 2024-25;

s. 15(8)(b)

if made on or after 6 April 2025, may include provision that has effect in relation to times before the regulations are made if that provision does not increase any person’s liability to tax.

s. 15(9)

In this section— “an Assembly pension scheme” means a pension scheme made under section 48 of the Northern Ireland Act 1998; “lifetime allowance charge” means the charge to income tax under section 214 of FA 2004, as it had effect before its repeal by this Act; “modify” includes disapply or supplement; “an MPs’ pension scheme” means a pension scheme made under paragraph 12(1) of Schedule 6 to the Constitutional Reform and Governance Act 2010; “remediable service” means service that is pensionable service under a relevant pension scheme and— in the case of service that is pensionable service under an MPs’ pension scheme, takes place in the period beginning with 8 May 2015 and ending with 31 March 2023; in the case of service that is pensionable service under a Senedd pension scheme or an Assembly pension scheme, takes place in the period beginning with 6 May 2016 and ending with 6 May 2021; “scheme pension” has the same meaning as in Part 4 of FA 2004 (pensions etc); “a Senedd pension scheme” means a pension scheme made under section 20 of the Government of Wales Act 2006.

Calculation of trade profits etc

s. 16 — Provision relating to the cash basis

Schedule 10 contains provision about the calculation of the profits of a trade, profession or vocation on the cash basis, including provision—

s. 16(a)

for the cash basis to be the default basis of calculation for certain persons,

s. 16(b)

removing eligibility conditions relating to receipts,

s. 16(c)

removing restrictions on deductions for loan interest, and

s. 16(d)

removing restrictions on the availability of certain loss reliefs.

Other

s. 17 — PAYE regulations: special types of payer or payee
s. 17(1)

In Chapter 3 of Part 11 of ITEPA 2003 (pay as you earn: special types of payer or payee), after section 688AA insert—

s. 17(2)

PAYE Regulations made by virtue of subsection (1) may make provision in relation to deemed direct payments made on or after 6 April 2017.

s. 18 — Carer’s allowance supplement: correction of statutory reference
s. 18(1)

In Table A in section 660 of ITEPA 2003 (taxable UK benefits), in the entry for carer’s allowance supplement, for “Sections 24 and 28” substitute “Section 81”.

s. 18(2)

The amendment made by subsection (1) is treated as having had effect from the time when section 12 of FA 2019 (tax treatment of social security income) came into force.

Part 2

Other taxes

Stamp duty and stamp duty reserve tax

s. 19 — Growth market exemption: qualifying UK multilateral trading facilities etc
s. 19(1)

Section 99A of FA 1986 (meaning of “recognised growth market” etc) is amended as follows.

s. 19(2)

In subsection (5)—

s. 19(2)(a)

in the words before paragraph (a), after “recognised stock exchange” insert “or a qualifying UK multilateral trading facility”;

s. 19(2)(b)

in paragraph (a), for “£170 million” substitute “£450 million”.

s. 19(3)

In subsection (6), at the end insert

s. 19(4)

After subsection (6) insert—

s. 19(5)

The amendments made by this section are treated as having come into force on 1 January 2024.

s. 20 — Capital-raising arrangements etc

Schedule 11 makes provision for and in connection with ensuring that it continues to be the case that—

s. 20(a)

no 1.5% charge to stamp duty or stamp duty reserve tax arises in relation to—

s. 20(a)(i)

issues of securities or stock, or

s. 20(a)(ii)

transfers of securities made in the course of capital-raising arrangements or qualifying listing arrangements, and

s. 20(b)

no charge to stamp duty arises in relation to the issue of bearer instruments.

Electricity generator levy

s. 21 — New investment exemption
s. 21(1)

Part 5 of F(No.2)A 2023 (electricity generator levy) is amended as follows.

s. 21(2)

In section 280 (key concepts), in subsection (1), in the definition of “relevant” (as in relevant generating station)—

s. 21(2)(a)

omit the “and” after paragraph (a), and

s. 21(2)(b)

after paragraph (b) insert .

s. 21(3)

After section 311 insert—

s. 21(4)

In section 313 (definitions in this Part), in the table, at the appropriate place insert— .

Pillar Two

s. 22 — Ensuring consistency of Parts 3 and 4 of F(No.2)A 2023 with OECD rules etc

Schedule 12 makes amendments to F(No.2)A 2023 in relation to multinational top-up tax and in relation to domestic top-up tax.

Excise duty rates

s. 23 — Rates of tobacco products duty
s. 23(1)

In Schedule 1 to TPDA 1979 (table of rates of tobacco products duty), for the Table substitute— .

s. 23(2)

In consequence of the provision made by subsection (1), in Schedule 2 to the Travellers’ Allowances Order 1994 (which provides in certain circumstances for a simplified calculation of excise duty on goods brought into Great Britain)—

s. 23(2)(a)

in the entry relating to cigarettes, for “£393.45” substitute “£422.80”,

s. 23(2)(b)

in the entry relating to hand rolling tobacco, for “£351.03” substitute “£412.32”,

s. 23(2)(c)

in the entry relating to other smoking tobacco and chewing tobacco, for “£161.62” substitute “£173.68”,

s. 23(2)(d)

in the entry relating to cigars, for “£367.61” substitute “£395.03”,

s. 23(2)(e)

in the entry relating to cigarillos, for “£367.61” substitute “£395.03”, and

s. 23(2)(f)

in the entry relating to tobacco for heating, for “£90.88” substitute “£97.66”.

s. 23(3)

The amendments made by this section are treated as having come into force at 6pm on 22 November 2023.

s. 24 — Rates of vehicle excise duty
s. 24(1)

Schedule 1 to VERA 1994 (annual rates of vehicle excise duty) is amended as follows.

s. 24(2)

In paragraph 1 (general rate)—

s. 24(2)(a)

in sub-paragraph (2) (vehicle not covered elsewhere in Schedule with engine cylinder capacity exceeding 1,549cc), for “£325” substitute “£345”, and

s. 24(2)(b)

in sub-paragraph (2A) (vehicle not covered elsewhere in Schedule with engine cylinder capacity not exceeding 1,549cc), for “£200” substitute “£210”.

s. 24(3)

In paragraph 1B (graduated rates for light passenger vehicles registered before 1 April 2017), for the Table substitute— .

s. 24(4)

In the sentence immediately following the Table in that paragraph, for paragraphs (a) and (b) substitute—

s. 24(5)

In paragraph 1GC (graduated rates for first licence for light passenger vehicles registered on or after 1 April 2017), for Table 1 (vehicles other than higher rate diesel vehicles) substitute— .

s. 24(6)

In that paragraph, for Table 2 (higher rate diesel vehicles) substitute— .

s. 24(7)

In paragraph 1GD(1) (rates for any other licence for light passenger vehicles registered on or after 1 April 2017)—

s. 24(7)(a)

in paragraph (a) (reduced rate), for “£170” substitute “£180”, and

s. 24(7)(b)

in paragraph (b) (standard rate), for “£180” substitute “£190”.

s. 24(8)

In paragraph 1GE(2) (rates for light passenger vehicles registered on or after 1 April 2017 with a price exceeding £40,000)—

s. 24(8)(a)

in paragraph (a), for “£560” substitute “£590”, and

s. 24(8)(b)

in paragraph (b), for “£570” substitute “£600”.

s. 24(9)

In paragraph 1J(a) (rates for light goods vehicles that are not pre-2007 or post-2008 lower emission vans), for “£320” substitute “£335”.

s. 24(10)

In paragraph 2(1) (rates for motorcycles)—

s. 24(10)(a)

in paragraph (a) (engine cylinder capacity not exceeding 150cc), for “£24” substitute “£25”,

s. 24(10)(b)

in paragraph (b) (motorbicycles with engine cylinder capacity exceeding 150cc but not exceeding 400cc), for “£52” substitute “£55”,

s. 24(10)(c)

in paragraph (c) (motorbicycles with engine cylinder capacity exceeding 400cc but not exceeding 600cc), for “£80” substitute “£84”, and

s. 24(10)(d)

in paragraph (d) (other cases), for “£111” substitute “£117”.

s. 24(11)

The amendments made by this section have effect in relation to licences taken out on or after 1 April 2024.

s. 25 — Rates of air passenger duty
s. 25(1)

Section 30 of FA 1994 (air passenger duty: rates) is amended as follows.

s. 25(2)

In subsection (1B) (journeys ending in the United Kingdom)—

s. 25(2)(a)

in paragraph (a), for “£6.50” substitute “£7”, and

s. 25(2)(b)

in paragraph (b), for “£13” substitute “£14”.

s. 25(3)

In subsection (2A) (long-haul journeys)—

s. 25(3)(a)

in paragraph (a), for “£87” substitute “£88”, and

s. 25(3)(b)

in paragraph (b), for “£191” substitute “£194”.

s. 25(4)

In subsection (4A) (ultra-long haul journeys)—

s. 25(4)(a)

in paragraph (a), for “£91” substitute “£92”, and

s. 25(4)(b)

in paragraph (b), for “£200” substitute “£202”.

s. 25(5)

In subsection (4E) (journeys on aircraft equipped to carry fewer than 19 passengers)—

s. 25(5)(a)

in paragraph (aa), for “£574” substitute “£581”, and

s. 25(5)(b)

in paragraph (d), for “£601” substitute “£607”.

s. 25(6)

The amendments made by this section have effect in relation to the carriage of passengers beginning on or after 1 April 2024.

Miscellaneous VAT and excise measures

s. 26 — Rebate on heavy oil and certain bioblends used for heating

In Schedule 1A to HODA 1979 (excepted machines), in paragraph 8, in sub-paragraph (1)(e), for the words from “kerosene” to the end substitute “for fuel—

s. 27 — Vehicle excise duty exemption for foreign vehicles

After section 5 of VERA 1994 (exempt vehicles) insert—

s. 28 — Interpretation of VAT and excise law
s. 28(1)

This section makes provision about how— are to apply for the purpose of interpreting enactments relating to value added tax or any duty of excise (“VAT and excise law”).

s. 28(1)(a)

the European Union (Withdrawal) Act 2018 (“EUWA 2018”), and

s. 28(1)(b)

the amendments made to that Act by the Retained EU Law (Revocation and Reform) Act 2023 (“REULA 2023”),

s. 28(2)

Section 4 of EUWA 2018 (retained EU rights, powers, liabilities etc) continues to have effect (despite the provision made by section 2 of REULA 2023) for the purpose of interpreting VAT and excise law subject to the following exception.

s. 28(3)

The exception is that Articles 110 and 111 of the Treaty on the Functioning of the European Union (which relate to internal taxation on products) have no effect for that purpose.

s. 28(4)

Section 5(A1) to (A3) of EUWA 2018 (which are inserted by section 3 of REULA 2023 and which abolish the supremacy of EU law) have effect in relation to VAT and excise law as they have effect in relation to other domestic enactments but only so far as they relate to the disapplication or quashing of any enactment as a result of EU law (and, accordingly, the superseded provisions continue to have effect for the purpose of interpreting VAT and excise law).

s. 28(5)

Retained general principles of EU law—

s. 28(5)(a)

continue to be relevant (despite the provision made by section 4 of REULA 2023) for the purpose of interpreting VAT and excise law in the same way, and to the same extent, as they were relevant for that purpose before the coming into force of that section, but

s. 28(5)(b)

otherwise have effect for that purpose subject to the provision made by that Act (including, in particular, the amendments made by section 6 of that Act (role of courts)).

s. 28(6)

In this section—

s. 28(6)(a)

the reference to any duty of excise is to be read in accordance with section 49 of TCTA 2018,

s. 28(6)(b)

the reference to the superseded provisions is a reference to section 5(1) to (3) of EUWA 2018 as those subsections had effect immediately before the passing of REULA 2023, and

s. 28(6)(c)

the reference to retained general principles of EU law is to be read in accordance with EUWA 2018 as that Act had effect immediately before the passing of REULA 2023.

s. 28(7)

This section needs to be read with sections 42 and 47 of TCTA 2018 (which make other provision about EU law relating to VAT and excise law and which continue to have effect for the purpose mentioned in subsection (1) above).

s. 28(8)

This section is treated as having come into force on 1 January 2024.

Environmental taxes

s. 29 — Rates of landfill tax
s. 29(1)

Section 42 of FA 1996 (amount of landfill tax) is amended as follows.

s. 29(2)

In subsection (1)(a) (standard rate), for “£102.10” substitute “£103.70”.

s. 29(3)

In subsection (2) (reduced rate for certain disposals), in the words after paragraph (b)—

s. 29(3)(a)

for “£102.10” substitute “£103.70”, and

s. 29(3)(b)

for “£3.25” substitute “£3.30”.

s. 29(4)

The amendments made by this section have effect in relation to disposals made (or treated as made) on or after 1 April 2024.

s. 30 — Rate of aggregates levy
s. 30(1)

In section 16(4) of FA 2001 (rate of aggregates levy), for “£2” substitute “£2.03”.

s. 30(2)

The amendment made by this section has effect in relation to aggregate subjected to commercial exploitation on or after 1 April 2024.

s. 31 — Rate of plastic packaging tax
s. 31(1)

In section 45(1) of FA 2021 (rate of plastic packaging tax), for “£210.82” substitute “£217.85”.

s. 31(2)

The amendment made by this section has effect in relation to packaging components produced in, or imported into, the United Kingdom on or after 1 April 2024.

Part 3

Miscellaneous and final

Evasion, avoidance etc

s. 32 — Increase in maximum terms of imprisonment for tax offences
s. 32(1)

In the specified provisions of the following enactments, for “seven” (or “7”) substitute “14”—

s. 32(2)

Subsections (3) to (5) make amendments to CEMA 1979 which are consequential on amendments to that Act made by subsection (1).

s. 32(3)

In section 50—

s. 32(3)(a)

in subsection (4) for “, (5AA), (5B) or (5C)” substitute “or (5B)”,

s. 32(3)(b)

in subsection (5A) for “7” (in the closing words) substitute “14”,

s. 32(3)(c)

omit subsection (5AA),

s. 32(3)(d)

in subsection (5B)(b) for “7” substitute “14”, and

s. 32(3)(e)

omit subsection (5C).

s. 32(4)

In section 68—

s. 32(4)(a)

in subsection (3) for “, (4A), (4AA) or (4B)” substitute “or (4A)”,

s. 32(4)(b)

in subsection (4A) for “7” (in the closing words) substitute “14”,

s. 32(4)(c)

omit subsection (4AA), and

s. 32(4)(d)

omit subsection (4B).

s. 32(5)

In section 170—

s. 32(5)(a)

in subsection (3) for “, (4AA), (4B) or (4C)” substitute “or (4B)”,

s. 32(5)(b)

in subsection (4A) for “7” (in the closing words) substitute “14”,

s. 32(5)(c)

omit subsection (4AA),

s. 32(5)(d)

in subsection (4B)(b) for “7” substitute “14”, and

s. 32(5)(e)

omit subsection (4C).

s. 32(6)

Subject to subsection (7), the amendments made by this section have effect in relation to offences committed on or after the day on which this Act is passed.

s. 32(7)

The amendment made to section 14F of HODA 1979 so far as applying to a part of the United Kingdom other than Northern Ireland—

s. 32(7)(a)

comes into force at the same time as paragraph 9 of Schedule 11 to FA 2020 (which inserts a new section 14F into HODA 1979) comes into force in its application to that part of the United Kingdom, and

s. 32(7)(b)

has effect in relation to offences committed on or after the day on which it comes into force.

s. 33 — Disqualification of directors etc promoting tax avoidance schemes

Schedule 13 makes provision for HMRC to apply for disqualification orders under the Company Directors Disqualification Act 1986 in connection with the promotion of tax avoidance schemes.

s. 34 — Promoters of tax avoidance: failure to comply with stop notice etc
s. 34(1)

In FA 2014, before section 278 (but after the italic heading) insert—

s. 34(2)

In section 280(1) of FA 2014 (penalties for offences), after “section” insert “277A,”.

s. 34(3)

The offence under section 277A(1) of FA 2014 (as inserted by subsection (1)) applies in relation to a failure to comply that occurs on or after the date on which this Act is passed.

s. 34(4)

The offence under section 277A(2) of FA 2014 (as inserted by subsection (1)) applies in relation to duties under section 236B(3)(a), (4)(a) or (5)(a) arising on or after the date on which this Act is passed.

s. 34(5)

In section 236B(7) of FA 2014 (effect of stop notices), for “(5)(b)” substitute “(5)(a)”.

s. 35 — Construction industry scheme: gross payment status
s. 35(1)

FA 2004 is amended as follows.

s. 35(2)

In section 66 (cancellation of registration for gross payment)—

s. 35(2)(a)

in subsection (1)—

s. 35(2)(a)(i)

in paragraph (b), after “sub-contractor)” insert “in connection with an obligation arising”;

s. 35(2)(a)(ii)

in paragraph (c), for “any such provision” substitute “an obligation arising under or in connection with any provision of this Chapter or of regulations made under it”.

s. 35(2)(b)

in subsection (3)—

s. 35(2)(b)(i)

for paragraph (b) substitute— ;

s. 35(2)(b)(ii)

in paragraph (c), for “any such provision” substitute “an obligation arising under or in connection with any provision of this Chapter or of regulations made under it”.

s. 35(3)

In Schedule 11 (conditions for registration for gross payment)—

s. 35(3)(a)

in paragraph 4, in sub-paragraph (1)(a)—

s. 35(3)(a)(i)

in sub-paragraph (iii), for “the PAYE Regulations (SI 2003/2682)” substitute “PAYE regulations”;

s. 35(3)(a)(ii)

at the end insert— ;

s. 35(3)(b)

in paragraph 8, in sub-paragraph (1)(a)—

s. 35(3)(b)(i)

in sub-paragraph (iii), for “the PAYE Regulations (SI 2003/2682)” substitute “PAYE regulations”;

s. 35(3)(b)(ii)

at the end insert— ;

s. 35(3)(c)

in paragraph 12, in sub-paragraph (1)(a)—

s. 35(3)(c)(i)

in sub-paragraph (iii), for “the PAYE Regulations (SI 2003/2682)” substitute “PAYE regulations”;

s. 35(3)(c)(ii)

at the end insert— .

s. 35(4)

The amendments in this section have effect in relation to—

s. 35(4)(a)

applications for gross payment status made on or after 6 April 2024, and

s. 35(4)(b)

registrations for gross payment status which are in effect on or after 6 April 2024 (but see subsection (5)).

s. 35(5)

When making a determination under section 66(1)(a) of FA 2004 (cancellation of registration for gross payment) in relation to a person registered for gross payment status before 6 April 2024, any failure by that person before 6 April 2024 to comply with an obligation to account for or pay VAT must be disregarded (notwithstanding the amendments made by subsection (3)).

Administration

s. 36 — Additional information to be contained in returns under TMA 1970 etc
s. 36(1)

In section 8 of TMA 1970 (personal return), after subsection (1H) insert—

s. 36(2)

In section 8A of TMA 1970 (trustee’s return), after subsection (1F) insert—

s. 36(3)

In section 12AA of TMA 1970 (partnership return), after subsection (5E) insert—

s. 36(4)

In Chapter 6 of Part 11 of ITEPA 2003 (pay as you earn), before section 708 insert—

s. 36(5)

The amendments made by this section have effect for the tax year 2025-26 and subsequent tax years.

s. 37 — Commencement of rules imposing penalties for failure to make returns etc
s. 37(1)

Regulations made by the Treasury under any of the powers in sections 116, 117 or 118 of FA 2021 may provide for any provision of Schedules 24 to 27 to that Act (penalties for failure to make returns etc or pay tax) to come into force for the purposes of failures by eligible volunteers.

s. 37(2)

An eligible volunteer is an individual in respect of whom an election has effect under the regulations.

s. 37(3)

The regulations may in particular—

s. 37(3)(a)

provide for an election to take effect only if accepted by an officer of Revenue and Customs;

s. 37(3)(b)

provide that an election may not be revoked by the individual;

s. 37(3)(c)

provide that an election ceases to have effect upon an officer of Revenue and Customs giving notice to the individual;

s. 37(3)(d)

make provision about the consequences of an election ceasing to have effect.

s. 37(4)

The provision that may be made by virtue of subsection (3)(d) includes provision for an election that ceases to have effect to be treated as never having had effect, other than for the purposes of any failure in respect of which His Majesty’s Revenue and Customs have already assessed a penalty.

Final

s. 38 — Abbreviations used in Act

In this Act the following abbreviations are references to the following Acts—

s. 39 — Short title

This Act may be cited as the Finance Act 2024.

Sch 1

Research and development

Sch 1

Main amendments of CTA 2009

Sch 1 para 1

CTA 2009 is amended as follows.

Sch 1 para 2

In Part 3, omit Chapter 6A (R&D expenditure credit).

Sch 1 para 3

In the heading of Part 13, omit “Additional relief for”.

Sch 1 para 4
Sch 1 para 4(1)

Chapter 1 of Part 13 is amended as follows.

Sch 1 para 4(2)

For section 1039 (overview of Part) substitute—

Sch 1 para 4(3)

For section 1040 (relief to be available under more than one Chapter of Part 13) substitute—

Sch 1 para 4(4)

Omit section 1040A (which refers to the existing R&D expenditure credit).

Sch 1 para 5

After Chapter 1 of Part 13 insert—

Sch 1 para 6
Sch 1 para 6(1)

Chapter 2 of Part 13 (relief for SMEs on the cost of R&D) is amended as follows.

Sch 1 para 6(2)

For the heading substitute “Relief for loss-making, R&D-intensive SMEs”.

Sch 1 para 6(3)

For section 1043 (overview of Chapter) substitute—

Sch 1 para 6(4)

In section 1044 (additional deduction for trading companies)—

Sch 1 para 6(4)(a)

in subsection (1), for “D” substitute “F”;

Sch 1 para 6(4)(b)

after subsection (2) insert—;

Sch 1 para 6(4)(c)

after subsection (5) insert—;

Sch 1 para 6(4)(d)

in subsection (6)—

Sch 1 para 6(4)(d)(i)

at the end of the first sentence insert “(see Part 9A of Schedule 18 to the FA 1998, and also sections 1045A and 1112F)”;

Sch 1 para 6(4)(d)(ii)

omit the second sentence;

Sch 1 para 6(4)(e)

in subsection (7), at the end insert—;

Sch 1 para 6(4)(f)

omit subsection (9).

Sch 1 para 6(5)

In section 1045 (deemed trading loss for non-trading companies)—

Sch 1 para 6(5)(a)

in subsection (1), for “conditions A and C” substitute “each of conditions A to D”.

Sch 1 para 6(5)(b)

after subsection (2) insert—;

Sch 1 para 6(5)(c)

after subsection (4) insert—;

Sch 1 para 6(5)(d)

in subsection (5)—

Sch 1 para 6(5)(d)(i)

at the end of the first sentence insert “(see section 1047, and also section 1112F)”;

Sch 1 para 6(5)(d)(ii)

omit the second sentence;

Sch 1 para 6(5)(e)

omit subsection (9).

Sch 1 para 6(6)

After section 1045 insert—

Sch 1 para 6(7)

Omit section 1046 (relief only available to going concerns).

Sch 1 para 6(8)

In section 1051 (meaning of “qualifying Chapter 2 expenditure”), for the words from “means” to the end substitute “is such of its expenditure as is qualifying Chapter 2 expenditure by virtue of section 1052, 1053 or 1053A.”

Sch 1 para 6(9)

For sections 1052 and 1053 (categories of qualifying Chapter 2 expenditure) substitute—

Sch 1 para 6(10)

In section 1054 (entitlement to R&D tax credit)—

Sch 1 para 6(10)(a)

in subsection (2)—

Sch 1 para 6(10)(a)(i)

at the end of the first sentence insert “(see Part 9A of Schedule 18 to the FA 1998, and also sections 1054A and 1112F)”;

Sch 1 para 6(10)(a)(ii)

omit the second sentence;

Sch 1 para 6(10)(b)

in subsection (4), for “1060” substitute “1112H”;

Sch 1 para 6(10)(c)

omit subsection (5).

Sch 1 para 6(11)

Omit section 1057 (R&D tax credit only available to going concerns).

Sch 1 para 6(12)

In section 1058 (amount of R&D tax credit)—

Sch 1 para 6(12)(a)

in subsection (1)—

Sch 1 para 6(12)(a)(i)

in paragraph (a), for “10%” substitute “14.5%”;

Sch 1 para 6(12)(a)(ii)

for paragraph (aa) substitute—;

Sch 1 para 6(12)(b)

omit subsections (1A) to (1C);

Sch 1 para 6(12)(c)

in subsection (2), omit paragraphs (b) and (c);

Sch 1 para 6(12)(d)

omit subsection (3).

Sch 1 para 6(13)

Omit sections 1058A to 1058D (provision in relation to PAYE and NIC liabilities).

Sch 1 para 6(14)

In section 1060 (payment of R&D tax credit)—

Sch 1 para 6(14)(a)

for the heading substitute “Use of credit to pay corporation tax”;

Sch 1 para 6(14)(b)

omit subsections (4) to (7).

Sch 1 para 6(15)

After section 1062 insert—

Sch 1 para 7

Omit Chapter 6 of Part 13 (further provision about Chapters 2 to 5).

Sch 1 para 8

For Chapter 8 of Part 13 (cap on aid for R&D) substitute—

Sch 1 para 9
Sch 1 para 9(1)

Chapter 9 of Part 13 (supplementary provision) is amended as follows.

Sch 1 para 9(2)

In section 1126B (regulations about consumable items and research and development), omit subsection (3).

Sch 1 para 9(3)

In section 1128 (meaning of “externally provided worker”), in subsection (9), for “1131” substitute “1132A”.

Sch 1 para 9(4)

In section 1129 (qualifying expenditure on externally provided workers: connected persons)—

Sch 1 para 9(4)(a)

in subsection (3) omit the “and” at the end of paragraph (b);

Sch 1 para 9(4)(b)

in that subsection, at the end of paragraph (c) insert “, and

Sch 1 para 9(5)

In section 1131 (qualifying expenditure on externally provided workers: other cases)—

Sch 1 para 9(5)(a)

in subsection (2), for “65% of the staff provision payment” substitute “65% of so much of the staff provision payment as is attributable to qualifying earnings of externally provided workers”;

Sch 1 para 9(5)(b)

after subsection (3) insert—

Sch 1 para 9(6)

After section 1132 insert—

Sch 1 para 9(7)

For section 1133 and the italic heading preceding it substitute—

Sch 1 para 9(8)

In section 1134 (qualifying element of sub-contractor payment made between connected persons)—

Sch 1 para 9(8)(a)

in the heading, for “sub-contractor” substitute “contractor”;

Sch 1 para 9(8)(b)

in subsection (1), for paragraphs (a) and (b) (not including the following “and”) substitute—;

Sch 1 para 9(8)(c)

in subsection (1)(c)—

Sch 1 para 9(8)(c)(i)

omit “sub-contractor”;

Sch 1 para 9(8)(c)(ii)

for “the sub-contractor’s”, in both places it appears, substitute “B’s”;

Sch 1 para 9(8)(d)

in subsection (2)—

Sch 1 para 9(8)(d)(i)

in the words before paragraph (a), omit “sub-contractor”;

Sch 1 para 9(8)(d)(ii)

in paragraph (b), for “the sub-contractor’s” substitute “B’s”;

Sch 1 para 9(8)(e)

in subsection (3)—

Sch 1 para 9(8)(e)(i)

in the words before paragraph (a), for “the sub-contractor” substitute “B”;

Sch 1 para 9(8)(e)(ii)

in paragraph (a), for “the sub-contractor”, in the first place it appears, substitute “B”;

Sch 1 para 9(8)(e)(iii)

also in paragraph (a), omit “sub-contractor” in the second place it appears;

Sch 1 para 9(8)(e)(iv)

for paragraph (d) substitute—;

Sch 1 para 9(8)(f)

in subsection (4)—

Sch 1 para 9(8)(f)(i)

in paragraph (a), for “the sub-contractor” substitute “B”;

Sch 1 para 9(8)(f)(ii)

in paragraph (b), for “the company’s”, in both places it appears, substitute “A’s”;

Sch 1 para 9(8)(f)(iii)

also in paragraph (b), for “sub-contractor” substitute “contractor”;

Sch 1 para 9(8)(g)

for subsection (5) substitute—;

Sch 1 para 9(8)(h)

in subsection (6), for “the company or the sub-contractor” substitute “A or B”.

Sch 1 para 9(9)

In section 1135 (election to be treated as connected for purpose of determining qualifying element)—

Sch 1 para 9(9)(a)

in subsection (1), for “A company and a sub-contractor who are not connected” substitute “Where a company makes a contractor payment to a person with whom it is not connected, the company and that person”;

Sch 1 para 9(9)(b)

in subsection (2)—

Sch 1 para 9(9)(b)(i)

for “sub-contractor” substitute “contractor”;

Sch 1 para 9(9)(b)(ii)

omit “other arrangement”;

Sch 1 para 9(9)(c)

in subsection (4), omit “or other arrangement”.

Sch 1 para 9(10)

For section 1136 substitute—

Sch 1 para 9(11)

Omit section 1138 (meaning of “subsidised expenditure”).

Sch 1 para 9(12)

In place of the omitted section 1138 insert—

Sch 1 para 9(13)

After section 1140 insert—

Sch 1 para 9(14)

In section 1142 (meaning of “qualifying body”)—

Sch 1 para 9(14)(a)

for the heading substitute “Ineligible companies”;

Sch 1 para 9(14)(b)

in subsection (1), in the words before paragraph (a), for ““qualifying body” means” substitute “a company is an “ineligible company” if it is”;

Sch 1 para 9(14)(c)

after subsection (4) insert—

Sch 1 para 9(15)

In section 1142B (meaning of “R&D claim”), in paragraph (a), for “104A” substitute “1042C”.

Sch 1 para 9(16)

After section 1142B insert—

Sch 1 para 9(17)

After section 1142C (inserted by sub-paragraph (16)) insert—

Sch 1 para 9(18)

After section 1142D (inserted by sub-paragraph (17)) insert—

Sch 1

Consequential amendments

Sch 1 para 10 — FA 1998
Sch 1 para 10(1)

Schedule 18 to FA 1998 (company tax returns) is amended as follows.

Sch 1 para 10(2)

In paragraph 52(2A)(b) (application of provisions about discovery assessments to amounts paid by way of R&D expenditure credit), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”.

Sch 1 para 10(3)

In paragraph 83A (application of Part 9A of the Schedule to claims for R&D relief), for the words from “to” to the end substitute “to claims for relief under Part 13 of the Corporation Tax Act 2009 (relief for research and development).”

Sch 1 para 10(4)

In paragraph 83E (deadlines for claiming R&D relief)—

Sch 1 para 10(4)(a)

in sub-paragraph (2)(a), after “under” insert “Chapter 2 of”;

Sch 1 para 10(4)(b)

in sub-paragraph (3), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”.

Sch 1 para 11 — FA 2007

In Schedule 24 to FA 2007 (penalties for errors), in paragraph 28(fa)(ia) (“corporation tax credit” includes R&D expenditure credit), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”.

Sch 1 para 12 — CTA 2009
Sch 1 para 12(1)

CTA 2009 is amended as follows.

Sch 1 para 12(2)

In Part 14A (inserted by paragraph 1 of Schedule 2)—

Sch 1 para 12(2)(a)

in section 1179DT (expenditure attracting R&D relief not eligible for audiovisual expenditure credit), omit paragraph (a);

Sch 1 para 12(2)(b)

in section 1179FL (expenditure attracting R&D relief not eligible for video game expenditure credit), omit paragraph (a).

Sch 1 para 12(3)

In section 1195(3A) (expenditure attracting R&D relief or television relief not eligible for film tax relief)—

Sch 1 para 12(3)(a)

in paragraph (a), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”;

Sch 1 para 12(3)(b)

in paragraph (b), for “Part 13 (additional relief for expenditure on research and development)” substitute “Chapter 2 of Part 13 (relief for loss-making, R&D-intensive SMEs)”.

Sch 1 para 12(4)

In section 1216C(4) (expenditure attracting R&D relief not eligible for television relief)—

Sch 1 para 12(4)(a)

in paragraph (a), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”;

Sch 1 para 12(4)(b)

in paragraph (b), for “Part 13 (additional relief for expenditure on research and development)” substitute “Chapter 2 of Part 13 (relief for loss-making, R&D-intensive SMEs)”.

Sch 1 para 12(5)

In section 1217C(4) (expenditure attracting R&D relief not eligible for video game relief)—

Sch 1 para 12(5)(a)

in paragraph (a), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”;

Sch 1 para 12(5)(b)

in paragraph (b), for “Part 13 (additional relief for expenditure on research and development)” substitute “Chapter 2 of Part 13 (relief for loss-making, R&D-intensive SMEs)”.

Sch 1 para 12(6)

In section 1217JA(2) (expenditure attracting R&D relief not eligible for theatre relief)—

Sch 1 para 12(6)(a)

omit paragraph (a);

Sch 1 para 12(6)(b)

in paragraph (b), omit “additional”.

Sch 1 para 12(7)

In section 1217RF(2) (expenditure attracting R&D relief or other creative sector relief not eligible for orchestra relief), omit paragraph (za) (inserted by paragraph 8 of Schedule 4).

Sch 1 para 12(8)

In section 1218ZCG(2) (expenditure attracting R&D relief or other creative sector relief not eligible for museum and gallery exhibition relief)—

Sch 1 para 12(8)(a)

omit paragraph (a);

Sch 1 para 12(8)(b)

in paragraph (b), omit “additional”.

Sch 1 para 12(9)

In section 1310(4) (orders and regulations subject to affirmative procedure)—

Sch 1 para 12(9)(a)

omit paragraph (zzza);

Sch 1 para 12(9)(b)

after paragraph (zb) insert—.

Sch 1 para 12(10)

In Schedule 4 (index of defined expressions)—

Sch 1 para 12(10)(a)

omit the following entries—;;;;;;;;;;;;;;;

Sch 1 para 12(10)(b)

at the appropriate places insert—;;;.

Sch 1 para 13 — CTA 2010
Sch 1 para 13(1)

CTA 2010 is amended as follows.

Sch 1 para 13(2)

In section 269DA(2) (meaning of banking company’s “surcharge profits”), in the definition of “RDEC”, for “Chapter 6A of Part 3 of CTA 2009 (trade profits: R&D expenditure credits)” substitute “Chapter 1A of Part 13 of CTA 2009 (R&D expenditure credit)”.

Sch 1 para 13(3)

In Part 8A (profits from exploiting patents etc)—

Sch 1 para 13(3)(a)

in section 357BJB(3) (R&D expenditure not to be routine deduction in calculating IP profits), in paragraph (a)(ii), for “Chapter 6A of Part 3 of CTA 2009” substitute “Chapter 1A of that Part”;

Sch 1 para 13(3)(b)

in section 357BLB(7)(e) (application of sections 1127 to 1131 of CTA 2009 for purpose of determining in-house R&D expenditure under Part 8A), at the end insert “as those provisions had effect before the amendments made by paragraph 9 of Schedule 1 to FA 2024,”;

Sch 1 para 13(3)(c)

in section 357CG(4)(a) (R&D expenditure credit to be deducted in calculating IP profits), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”.

Sch 1 para 13(4)

In Chapter 9 of Part 8B (treatment of R&D credits and relief for purposes of Northern Ireland rate)—

Sch 1 para 13(4)(a)

in section 357P(1) (overview of Chapter), for paragraphs (a) and (b) substitute—;

Sch 1 para 13(4)(b)

in the italic heading before section 357PA, for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”;

Sch 1 para 13(4)(c)

in section 357PA (R&D expenditure credit to form part of mainstream profits or losses)—

Sch 1 para 13(4)(c)(i)

in the heading, omit “under Chapter 6A of Part 3 of CTA 2009”;

Sch 1 para 13(4)(c)(ii)

in subsection (1)(a), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”;

Sch 1 para 13(4)(d)

in section 357PD (amount of R&D tax credit for Northern Ireland company)—

Sch 1 para 13(4)(d)(i)

in subsections (2)(b), (3)(b) and (4)(b), for “given by section 1058(1A) of CTA 2009” substitute “of the cap by reference to the company’s PAYE and NIC liabilities for the accounting period”;

Sch 1 para 13(4)(d)(ii)

omit subsections (2A), (3A) and (4A);

Sch 1 para 13(4)(d)(iii)

after subsection (5) insert—

Sch 1 para 14 — TIOPA 2010

In the following provisions of TIOPA 2010, for “within the meaning of section 104A” substitute “under Chapter 1A of Part 13”—

Sch 1 para 14(a)

section 407(3)(a) (R&D expenditure credit not to be taken into account in determining tax-EBITDA);

Sch 1 para 14(b)

section 416(2A) (R&D expenditure credit not to be taken into account in determining worldwide group’s profit before tax).

Sch 1 para 15 — FA 2013

In Schedule 43C to FA 2013 (penalties in connection with the general anti-abuse rule), in paragraph 11(e)(ii) (“corporation tax credit” includes R&D expenditure credit), for “Chapter 6A of Part 3” substitute “Chapter 1A of Part 13”.

Sch 1

Commencement and transitional and transitory provision

Sch 1 para 16 — General commencement of Parts 1 and 2
Sch 1 para 16(1)

The amendments made by this Schedule, except those made by sub-paragraphs (16) to (18) of paragraph 9, have effect in relation to accounting periods beginning on or after the appointed day.

Sch 1 para 16(2)

In this Part, the “appointed day” is a day appointed by the Treasury in regulations.

Sch 1 para 17 — Assignments and nominations
Sch 1 para 17(1)

The amendment made by paragraph 9(16) does not have effect in relation to—

Sch 1 para 17(1)(a)

an assignment made before 22 November 2023,

Sch 1 para 17(1)(b)

an agreement made before that date, or

Sch 1 para 17(1)(c)

an assignment made on or after that date to carry out an agreement made before that date.

Sch 1 para 17(2)

The amendment made by paragraph 9(17) has effect only in relation to claims made on or after 1 April 2024.

Sch 1 para 18 — Avoidance of overlaps and gaps in entitlement during transition
Sch 1 para 18(1)

Sub-paragraphs (2) and (3) apply if, but for those sub-paragraphs—in respect of expenditure attributable to the same research and development.

Sch 1 para 18(1)(a)

one company (“company A”) would be entitled to old R&D relief, and

Sch 1 para 18(1)(b)

another company (“company B”) would be entitled to new R&D relief,

Sch 1 para 18(2)

If company B would have been entitled to old R&D relief in respect of its expenditure had the Part 1 amendments not been made, only company B is entitled to the relief.

Sch 1 para 18(3)

In any other case, only company A is entitled to the relief.

Sch 1 para 18(4)

Sub-paragraph (5) applies if—

Sch 1 para 18(4)(a)

a company incurs pre-commencement expenditure,

Sch 1 para 18(4)(b)

the company is not entitled to old R&D relief in respect of the expenditure, and

Sch 1 para 18(4)(c)

had the expenditure been post-commencement expenditure, it would have been—

Sch 1 para 18(4)(c)(i)

qualifying Chapter 1A expenditure by virtue of section 1042E of CTA 2009 or section 1042F of that Act as it refers to section 1042E, or

Sch 1 para 18(4)(c)(ii)

qualifying Chapter 2 expenditure by virtue of section 1053 of CTA 2009 (as it has effect after the Part 1 amendments) or section 1053A of that Act as it refers to section 1053.

Sch 1 para 18(5)

The company is to be treated as satisfying sections 1042F(4) and 1053A(4) of CTA 2009 for the purposes of ascertaining the entitlement of another company to new R&D relief in respect of expenditure attributable to the same research and development as the expenditure mentioned in sub-paragraph (4).

Sch 1 para 18(6)

Sub-paragraph (7) applies if—

Sch 1 para 18(6)(a)

in respect of pre-commencement expenditure attributable to research and development, one company (“company C”)—

Sch 1 para 18(6)(a)(i)

is not entitled to old R&D relief, but

Sch 1 para 18(6)(a)(ii)

would be so entitled if none of sections 104C(2), 104G(5), 104H(6), 104J(4), 104K(5), 104L(4), 1052(5) and 1053(4) of CTA 2009 (as they have effect before the Part 1 amendments) applied, and

Sch 1 para 18(6)(b)

in respect of post-commencement expenditure attributable to the same research and development, another company (“company D”) would, had the expenditure been pre-commencement expenditure, have been entitled to old R&D relief by virtue of section 1053 of CTA 2009 (as it has effect before the Part 1 amendments).

Sch 1 para 18(7)

For the purpose of ascertaining the entitlement of company D to new R&D relief, the research and development is to be treated as contracted out by company D within the meaning of section 1133 of CTA 2009 (as it has effect after the Part 1 amendments).

Sch 1 para 18(8)

In this paragraph—“the new R&D provisions” means Part 13 of CTA 2009 as it has effect after the Part 1 amendments;“new R&D relief” means relief under the new R&D provisions;“the old R&D provisions” means Chapter 6A of Part 3 or Part 13 of CTA 2009 as that Chapter or Part has effect before the Part 1 amendments;“old R&D relief” means relief under the old R&D provisions;“the Part 1 amendments” means the amendments made by Part 1 of this Schedule;“post-commencement expenditure” means expenditure incurred in an accounting period beginning on or after the appointed day;“pre-commencement expenditure” means expenditure incurred in an accounting period beginning before the appointed day.

Sch 1 para 19 — Transitional provision relating to claim notifications

The reference in section 1142B of CTA 2009 (as amended by paragraph 9(15)) to claims under section 1042C of that Act is to be read as including claims under section 104A of that Act before its repeal by paragraph 2.

Sch 1 para 20 — Transitional provision relating to the R&D intensity condition

The references in sections 1044(2A)(b) and 1045(2A)(b) of CTA 2009 (inserted by paragraph 6(4) and (5)) to having met the R&D intensity condition in an accounting period—

Sch 1 para 20(a)

include having met the R&D intensity condition for the purposes of paragraph 21 in an accounting period to which that paragraph applies, but

Sch 1 para 20(b)

are not applicable to any other accounting period beginning before the appointed day.

Sch 1 para 21 — Higher rate of payable credit for R&D-intensive SMEs from 1 April 2023
Sch 1 para 21(1)

Sub-paragraph (2) applies if, in an accounting period beginning before the appointed day but ending on or after 1 April 2023, a company—

Sch 1 para 21(1)(a)

has a Chapter 2 surrenderable loss, and

Sch 1 para 21(1)(b)

meets the R&D intensity condition.

Sch 1 para 21(2)

The amount of R&D tax credit to which the company is entitled for the period is to be determined as if the amendment made by section 4(3)(d) of FA 2023 (reduction in rate of credit from 14.5% to 10%) had not been made.

Sch 1 para 21(3)

Subsections (2) to (7) of section 1045ZA of CTA 2009, as inserted by paragraph 6(6), determine whether a company meets the R&D intensity condition in an accounting period for the purposes of sub-paragraph (1)(b).

Sch 1 para 21(4)

But that section is to be read for the purposes of sub-paragraph (3) as if—

Sch 1 para 21(4)(a)

in subsections (2) and (3), for “30%” there were substituted“40%”;

Sch 1 para 21(4)(b)

in subsection (7), for paragraph (b) there were substituted—

Sch 1 para 21(5)

In this paragraph, “Chapter 2 surrenderable loss” and “R&D tax credit” have the same meanings as in Chapter 2 of Part 13 of CTA 2009 (see sections 1054 and 1055 of that Act).

Sch 2

Films, television programmes and video games

Sch 2

New regime for films, television programmes and video games

Sch 2 para 1

After Part 14 of CTA 2009 insert—

Sch 2

Amendments consequential on Part 1

Sch 2 para 2 — Films Act 1985
Sch 2 para 2(1)

The Films Act 1985 is amended as follows.

Sch 2 para 2(2)

In section 6 (certification of British films), after “purposes of” insert “audiovisual expenditure credit and”.

Sch 2 para 2(3)

In Schedule 1 (certification of British films)—

Sch 2 para 2(3)(a)

in the heading, after “purposes of” insert “audiovisual expenditure credit and”;

Sch 2 para 2(3)(b)

in paragraph 1(1), for the definition of “film production company” substitute—

Sch 2 para 3 — FA 1998
Sch 2 para 3(1)

Schedule 18 to FA 1998 (company tax returns etc) is amended as follows.

Sch 2 para 3(2)

In paragraph 10 (certain claims and elections to be included in tax return)—

Sch 2 para 3(2)(a)

in sub-paragraph (4), for the words from “for” to “or” substitute “under Parts 14A to”;

Sch 2 para 3(2)(b)

after sub-paragraph (4) insert—

Sch 2 para 3(3)

In the heading of Part 9D, for the words from “for” to “or” substitute “under Parts 14A to”.

Sch 2 para 3(4)

In paragraph 83S (application of Part 9D), for “the following reliefs—” substitute “— .

Sch 2 para 4 — FA 2007

In Schedule 24 to FA 2007 (penalties for errors), in paragraph 28(fa) (meaning of “corporation tax credit”), before paragraph (iv) insert— .

Sch 2 para 5 — CTA 2009
Sch 2 para 5(1)

CTA 2009 is amended as follows.

Sch 2 para 5(2)

For sections 808 to 808E substitute—

Sch 2 para 5(3)

In section 1040ZA (restrictions on claiming other reliefs where R&D relief given), before subsection (1) insert—

Sch 2 para 5(4)

In Schedule 4 (index of defined expressions), at the appropriate places insert— ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; .

Sch 2 para 6 — CTA 2010
Sch 2 para 6(1)

CTA 2010 is amended as follows.

Sch 2 para 6(2)

In section 45A(3) (conditions for carrying forward trade loss against total profits), in paragraph (b)(ii), after “section” insert “1179BF,”.

Sch 2 para 6(3)

In Part 8A (profits from exploiting patents etc)—

Sch 2 para 6(3)(a)

in section 357BJB (deductions that are not routine deductions in calculating relevant IP profits)—

Sch 2 para 6(3)(a)(i)

in subsection (1), after paragraph (d) insert— ;

Sch 2 para 6(3)(a)(ii)

after subsection (7) insert— ;

Sch 2 para 6(3)(b)

in section 357CG (adjustments in calculating relevant IP profits), in subsection (4), after paragraph (a) (but not the following “and”) insert— .

Sch 2 para 6(4)

In Part 8B (profits taxable at Northern Ireland rate), after Chapter 10 insert—

Sch 2

Repeal of existing regimes for films, television programmes and video games

Sch 2 para 7

In CTA 2009, omit Parts 15 to 15B.

Sch 2

Amendments consequential on Part 3

Sch 2 para 8 — Films Act 1985
Sch 2 para 8(1)

The Films Act 1985 is amended as follows.

Sch 2 para 8(2)

In section 6 (certification of British films) (as amended by paragraph 2), omit “and film tax relief”.

Sch 2 para 8(3)

In Schedule 1 (certification of British films) (as amended by paragraph 2)—

Sch 2 para 8(3)(a)

in the heading, omit “and film tax relief”;

Sch 2 para 8(3)(b)

in paragraph 1(1), in the definition of “film production company”, omit the words from “or” to the end.

Sch 2 para 9 — ICTA
Sch 2 para 9(1)

Section 826 of ICTA (interest on tax overpaid) is amended as follows.

Sch 2 para 9(2)

In subsection (1), omit paragraphs (f) to (fb).

Sch 2 para 9(3)

In subsection (3C), omit “film tax credit, television tax credit, video game tax credit,”.

Sch 2 para 9(4)

In subsection (8A)(b)(ii), omit “or film tax credit or television tax credit or video game tax credit”.

Sch 2 para 9(5)

In subsection (8BA), omit “or film tax credit or television tax credit or video game tax credit” in both places those words occur.

Sch 2 para 10 — FA 1998
Sch 2 para 10(1)

Schedule 18 to FA 1998 (company tax returns etc) is amended as follows.

Sch 2 para 10(2)

In paragraph 10 (certain claims and elections to be included in tax return), omit sub-paragraphs (5) to (7).

Sch 2 para 10(3)

In paragraph 52 (recovery of excessive payments), in sub-paragraph (2B) (inserted by Schedule 6), omit paragraphs (b) to (d).

Sch 2 para 10(4)

In paragraph 83S (application of Part 9D), omit sub-paragraphs (a) to (c).

Sch 2 para 11 — FA 2007

In Schedule 24 to FA 2007 (penalties for errors), in paragraph 28(fa) (meaning of “corporation tax credit”), omit paragraphs (iv) to (ivb).

Sch 2 para 12 — CTA 2009
Sch 2 para 12(1)

CTA 2009 is amended as follows.

Sch 2 para 12(2)

In section 1040ZA (restrictions on claiming other reliefs where R&D relief given), omit subsections (1) to (3).

Sch 2 para 12(3)

In section 1310(4) (orders and regulations subject to affirmative procedure), omit paragraphs (a) to (ej).

Sch 2 para 12(4)

In Schedule 4 (index of defined expressions), omit the following entries— ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; .

Sch 2 para 13 — FA 2009

In paragraph 2 of Schedule 54A to FA 2009 (amounts of overpaid repayment interest recoverable as late payment interest), omit paragraphs (e) to (g).

Sch 2 para 14 — CTA 2010
Sch 2 para 14(1)

CTA 2010 is amended as follows.

Sch 2 para 14(2)

In section 45A(3) (conditions for carrying forward trade loss against total profits), in paragraph (b)(ii), omit “1209, 1216DA, 1217DA,”.

Sch 2 para 14(3)

In section 45B(1) (cases in which trade loss carried forward against trade profits)—

Sch 2 para 14(3)(a)

in paragraph (d), omit “, 2”;

Sch 2 para 14(3)(b)

omit Case 2.

Sch 2 para 14(4)

In section 357BI (excluded debits under Part 8A), omit paragraphs (c) and (d) (but not the following “and”).

Sch 2 para 14(5)

In section 357BJB (deductions that are not routine deductions under Part 8A), omit subsections (1)(e) and (f), (8) and (9).

Sch 2 para 14(6)

In section 357CG (adjustments in calculating relevant IP profits under Part 8A)—

Sch 2 para 14(6)(a)

in subsection (3), omit paragraphs (c) and (d);

Sch 2 para 14(6)(b)

omit subsection (5A);

Sch 2 para 14(6)(c)

in subsection (6)—

Sch 2 para 14(6)(c)(i)

for “subsections (5) and (5A)” substitute “subsection (5)”;

Sch 2 para 14(6)(c)(ii)

omit the following definitions— ; ; ; ; ; .

Sch 2 para 14(7)

Omit section 357CHA (deemed shortfall in television or video game expenditure for purposes of adjusting relevant IP profits).

Sch 2 para 14(8)

In Part 8B (profits taxable at Northern Ireland rate), omit Chapters 11 to 13.

Sch 2 para 15 — FA 2016

In Schedule 24 to FA 2016 (tax advantages constituting the grant of state aid), in Part 1, in the table headed “Creative tax reliefs”, omit the entries for film tax relief, television tax reliefs and video games tax relief.

Sch 2

Commencement and transitional provision

Sch 2 para 16 — General commencement
Sch 2 para 16(1)

No election under section 1179B(1) of CTA 2009 may be made in a company tax return for an accounting period ending before 1 January 2024.

Sch 2 para 16(2)

The amendments made by Parts 3 and 4 of this Schedule have effect in relation to accounting periods beginning on or after 1 April 2027.

Sch 2 para 17 — Closure of existing regimes to new productions

A company is not to be treated as carrying on a separate trade under Part 15, 15A or 15B of CTA 2009 if the trade would be treated under that Part as beginning on or after 1 April 2025.

Sch 2 para 18 — Opting into new regime during transitional period
Sch 2 para 18(1)

If a company makes an election under section 1179B(1) of CTA 2009 in its company tax return for an accounting period beginning before 1 January 2024—

Sch 2 para 18(1)(a)

Part 14A of CTA 2009 applies further to that election only in respect of the portion of the accounting period that falls on or after that date, and

Sch 2 para 18(1)(b)

the relevant existing regime applies in respect of the portion of the accounting period that falls before that date.

Sch 2 para 18(2)

If a company makes an election under section 1179B(1) of CTA 2009 in its company tax return for an accounting period beginning on or after 1 January 2024, the relevant existing regime does not apply in relation to that accounting period or any subsequent accounting period, subject to sub-paragraphs (3) and (4).

Sch 2 para 18(3)

If a company makes an election under section 1179B(1) of CTA 2009 in its company tax return for an accounting period beginning on or before but ending after the relevant closure date, it may further elect in the return for sub-paragraph (4) to apply.

Sch 2 para 18(4)

If it does so—

Sch 2 para 18(4)(a)

Part 14A of CTA 2009 applies further to the election under section 1179B(1) of CTA 2009 only in respect of the portion of the accounting period that falls after the relevant closure date, and

Sch 2 para 18(4)(b)

the relevant existing regime applies in respect of the portion of the accounting period that falls on or before that date.

Sch 2 para 18(5)

Where, by virtue of this paragraph, different Parts of CTA 2009 apply in respect of different portions of an accounting period, the portions are to be treated as separate accounting periods for the purposes of—

Sch 2 para 18(5)(a)

those Parts, and

Sch 2 para 18(5)(b)

paragraphs 19 to 24A (but not for other corporation tax purposes).

Sch 2 para 18(6)

For the purposes of this paragraph—

Sch 2 para 18(6)(a)

the “relevant existing regime” means—

Sch 2 para 18(6)(a)(i)

Part 15 of CTA 2009, if the election under section 1179B(1) of that Act relates to a film;

Sch 2 para 18(6)(a)(ii)

Part 15A of CTA 2009, if the election under section 1179B(1) of that Act relates to a television programme;

Sch 2 para 18(6)(a)(iii)

Part 15B of CTA 2009, if the election under section 1179B(1) of that Act relates to a video game;

Sch 2 para 18(6)(b)

references to the application of the relevant existing regime are to its application in relation to that film, television programme or video game;

Sch 2 para 18(6)(c)

the “relevant closure date” is—

Sch 2 para 18(6)(c)(i)

31 March 2025, in the case of a film or television programme whose principal photography has not begun, or a video game whose production has not begun, by the end of that date;

Sch 2 para 18(6)(c)(ii)

31 March 2027, in any other case.

Sch 2 para 18(7)

Nothing in this paragraph expands the circumstances in which the relevant existing regime can apply (except by making it apply in respect of a portion of an accounting period).

Sch 2 para 19 — Productions not moving into new regime
Sch 2 para 19(1)

Sub-paragraphs (2) and (3) apply if, but for this paragraph, Part 15, 15A or 15B of CTA 2009 would apply to a company in relation to a film, television programme or video game in respect of an accounting period beginning on or before but ending after the relevant closure date.

Sch 2 para 19(2)

The company is to be treated for the purposes of the Part in question as if, at the end of the relevant closure date, it—

Sch 2 para 19(2)(a)

ceased the separate trade that it is treated as carrying on under that Part, and

Sch 2 para 19(2)(b)

abandoned its activities in relation to the film, television programme or video game.

Sch 2 para 19(3)

No election under section 1179B(1) of CTA 2009 may be made in relation to the film, television programme or video game.

Sch 2 para 19(4)

The date that is the relevant closure date for the purposes of paragraph 18 is also the relevant closure date for the purposes of this paragraph.

Sch 2 para 20 — Continuity between regimes: taxation as separate trade
Sch 2 para 20(1)

Sub-paragraphs (2) to (5) apply if—

Sch 2 para 20(1)(a)

a company is treated as carrying on a separate trade under Part 15, 15A or 15B of CTA 2009 in an accounting period (“AP1”),

Sch 2 para 20(1)(b)

in the next accounting period (“AP2”), the company is treated as carrying on a separate trade under Part 14A of CTA 2009, and

Sch 2 para 20(1)(c)

both trades relate to the same film, television programme or video game.

Sch 2 para 20(2)

The separate trade that the company is treated as carrying on in AP2 is to be treated as a continuation of the separate trade that the company was treated as carrying on in AP1.

Sch 2 para 20(3)

Accordingly, section 1179BA(2) of CTA 2009 does not apply.

Sch 2 para 20(4)

If a new period of account does not begin when AP2 begins, a new period of account is to be treated as beginning at that time for the purposes of—

Sch 2 para 20(4)(a)

section 1189, 1216BA or 1217BA of CTA 2009 (as it applies in relation to AP1), and

Sch 2 para 20(4)(b)

section 1179BB of CTA 2009 (as it applies in relation to AP2).

Sch 2 para 20(5)

For the purposes of section 1179BB(3) of CTA 2009 as it applies in relation to AP2, the references to the corresponding amounts for the previous period are to be read as references to the corresponding amounts brought into account under section 1189, 1216BA or 1217BA of that Act for AP1.

Sch 2 para 21 — Continuity between regimes: calculation of expenditure credit
Sch 2 para 21(1)

Sub-paragraphs (3) and (4) apply if—

Sch 2 para 21(1)(a)

a company is entitled to audiovisual expenditure credit or video game expenditure credit under Chapter 3 of Part 14A of CTA 2009 for an accounting period, and

Sch 2 para 21(1)(b)

in respect of an earlier accounting period, the company was entitled to, and claimed—

Sch 2 para 21(1)(b)(i)

film tax relief under Chapter 3 of Part 15 of CTA 2009,

Sch 2 para 21(1)(b)(ii)

television tax relief under Chapter 3 of Part 15A of that Act, or

Sch 2 para 21(1)(b)(iii)

video games tax relief under Chapter 3 of Part 15 of that Act, and

Sch 2 para 21(1)(c)

both entitlements relate to the same film, television programme or video game.

Sch 2 para 21(2)

In those sub-paragraphs, the earliest accounting period within sub-paragraph (1)(a) is “AP2” and the latest accounting period within sub-paragraph (1)(b) is “AP1”.

Sch 2 para 21(3)

For the purposes of step 1 in section 1179CA(1) of CTA 2009 as it applies in relation to AP2, the reference to relevant global expenditure includes the amount that was “qualifying expenditure incurred to date” for the purposes of section 1200(1) or (2), 1216CG(1) or (2) or 1217CG(1) or (2) of that Act in relation to AP1.

Sch 2 para 21(4)

For the purposes of step 4 in section 1179CA(1) of CTA 2009 as it applies in relation to AP2, the reference to the company’s qualifying expenditure to date in the accounting period for which it was last entitled to, and claimed, an expenditure credit is to be read as a reference to the amount taken as ‘E’ for the purposes of section 1200(1) or (2), 1216CG(1) or (2) or 1217CG(1) or (2) of that Act in relation to AP1.

Sch 2 para 22 — Continuity between regimes: British certification
Sch 2 para 22(1)

Regulations made before the passing of this Act under a provision of CTA 2009 specified in the first column of the following table—

Sch 2 para 22(1)(a)

have effect for the purposes of Part 14A of CTA 2009 as if made under the provision of that Part specified in the corresponding entry in the second column of the table, and

Sch 2 para 22(1)(b)

are for those purposes to be read subject to any necessary modifications.

Sch 2 para 22(2)

A certificate issued under section 1216CD or 1217CD of CTA 2009 continues to have effect for the purposes of Part 14A of that Act as if it were a certificate issued under section 1179DM or (as the case may be) 1179FF in that Part.

Sch 2 para 22(3)

In relation to such a certificate, the references to revocation or ceasing to be in force in sections 1216EA and 1217EA of CTA 2009 (as they continue to apply in relation to accounting periods beginning before 1 April 2027) include revocation or ceasing to be in force under section 1179DM or (as the case may be) 1179FF of that Act.

Sch 2 para 22(4)

The repeal of Parts 15, 15A and 15B of CTA 2009 does not affect the requirement in section 1213(3), 1216EA(3) or 1217EA(3) of that Act so far as it relates to entitlements in accounting periods beginning before 1 April 2027 (even if the “completion period” begins on or after that date).

Sch 2 para 22(5)

In sections 1216EA(3) and (5) and 1217EA(3) and (5) of CTA 2009 (as they continue to apply in relation to accounting periods beginning before 1 April 2027), the references to a final certificate include reference to a final certificate issued under section 1179DM or (as the case may be) 1179FF of that Act.

Sch 2 para 23 — Continuity between regimes: UK expenditure (films and television programmes)

The repeal of Parts 15 and 15A of CTA 2009 does not affect the requirement in section 1214(3) or 1216EB(3) of that Act, so far as it relates to entitlements in accounting periods beginning before 1 April 2027 (even if the “completion period” begins on or after that date).

Sch 2 para 24 — Transition of video games from European expenditure condition to UK expenditure condition
Sch 2 para 24(1)

Sub-paragraphs (3) and (4) apply if—

Sch 2 para 24(1)(a)

a company makes an election under section 1179B(1) in relation to a video game in its company tax return for an accounting period (“the opt-in period”),

Sch 2 para 24(1)(b)

no earlier accounting period was the completion period, and

Sch 2 para 24(1)(c)

in an earlier accounting period, the company was entitled to, and claimed, special video games relief in respect of that video game.

Sch 2 para 24(2)

In this paragraph, “special video games relief” and “completion period” have the meanings given by section 1217E(1) of CTA 2009.

Sch 2 para 24(3)

Subsections (3) and (4) of section 1217EB of CTA 2009 apply as if the video game had been completed at the end of the accounting period preceding the opt-in period (and, accordingly, as if that period were the completion period).

Sch 2 para 24(4)

In section 1179FH of CTA 2009 as it applies in relation to the video game, the references to core expenditure are to be read as limited to core expenditure incurred in or after the opt-in period.

Sch 2 para 24A — Calculation of expenditure credit where company previously benefiting from video games tax relief
Sch 2 para 24A(1)

Sub-paragraph (2) applies if—

Sch 2 para 24A(1)(a)

a company makes an election under section 1179B(1) of CTA 2009 in relation to a video game in its company tax return for an accounting period, and

Sch 2 para 24A(1)(b)

in an earlier accounting period, the company was entitled to, and claimed, special video games relief (within the meaning of section 1217E(1) of CTA 2009) in respect of that video game.

Sch 2 para 24A(2)

Section 1179CA(1) of CTA 2009 (amount of expenditure credit) has effect as if for Step 2 there were substituted—

Sch 2 para 25 — Transfer of terminal losses between productions in existing and new regimes
Sch 2 para 25(1)

In section 1179BG(1)(a) of CTA 2009, the reference to the separate production trade is to be read as including reference to a separate trade carried on under Part 15, 15A or 15B of CTA 2009.

Sch 2 para 25(2)

Section 1179BG(1)(d) of CTA 2009 is to be taken as satisfied where—

Sch 2 para 25(2)(a)

the ceased trade was carried on under Part 15 or 15A of CTA 2009 and the other trade relates to a film or television programme, or

Sch 2 para 25(2)(b)

the ceased trade was carried on under Part 15B of CTA 2009 and the other trade relates to a video game.

Sch 2 para 25(3)

Paragraphs (a) and (b) of section 1211(1) of CTA 2009 are to be taken as satisfied where a company ceases to carry on a separate production trade under Part 14A of CTA 2009 in relation to a film (and that company and that trade are respectively “company A” and “trade X” in the resulting application of section 1211).

Sch 2 para 25(4)

Paragraphs (a) and (b) of section 1216DC(1) of CTA 2009 are to be taken as satisfied where a company ceases to carry on a separate production trade under Part 14A of CTA 2009 in relation to a television programme (and that company and that trade are respectively “company A” and “trade X” in the resulting application of section 1216DC).

Sch 2 para 25(5)

Paragraphs (a) and (b) of section 1217DC(1) of CTA 2009 are to be taken as satisfied where a company ceases to carry on a separate production trade under Part 14A of CTA 2009 in relation to a video game (and that company and that trade are respectively “company A” and “trade X” in the resulting application of section 1217DC).

Sch 3

Theatrical productions

Sch 3

Amendments of Part 15C of CTA 2009

Sch 3 para 1 — Introduction

Part 15C of CTA 2009 (theatrical productions) is amended as follows.

Sch 3 para 2 — Meaning of “theatrical production”
Sch 3 para 2(1)

Section 1217FA (meaning of “theatrical production”) is amended as follows.

Sch 3 para 2(2)

In subsection (2)—

Sch 3 para 2(2)(a)

in the words before paragraph (a), for “relevant” substitute “other”;

Sch 3 para 2(2)(b)

for paragraph (a) substitute— ;

Sch 3 para 2(2)(c)

after paragraph (ba) (but before the following “and”) insert— .

Sch 3 para 2(3)

Omit subsection (3A).

Sch 3 para 2(4)

Those amendments have effect in relation to a theatrical production the production phase of which begins on or after 1 April 2024.

Sch 3 para 3 — Meaning of “core expenditure”
Sch 3 para 3(1)

In section 1217GC(2) (expenditure that is not “core expenditure” on theatrical production), in paragraph (a), for “or storage” substitute “, storage, or the provision of incidental goods or services to members of the audience”.

Sch 3 para 3(2)

That amendment has effect in relation to expenditure incurred on or after 1 April 2024.

Sch 3 para 4 — Provision to emphasise that capital expenditure does not generally qualify for relief

In section 1217IC (costs of theatrical production), in subsection (3), at the end insert—

Sch 3 para 5 — UK expenditure threshold to replace EEA expenditure threshold
Sch 3 para 5(1)

In section 1217GB (European expenditure condition)—

Sch 3 para 5(1)(a)

in the heading, for “European” substitute “UK”;

Sch 3 para 5(1)(b)

in subsection (1)—

Sch 3 para 5(1)(b)(i)

for “European” (in both places it occurs) substitute “UK”;

Sch 3 para 5(1)(b)(ii)

for “25%” substitute “10%”;

Sch 3 para 5(1)(c)

for subsection (2) substitute— ;

Sch 3 para 5(1)(d)

in subsection (3), for “European and non-European expenditure” substitute “expenditure that is and is not UK expenditure”;

Sch 3 para 5(1)(e)

in subsection (5), for “European” substitute “UK”.

Sch 3 para 5(2)

In each of the following provisions, for “European” (in each place it occurs) substitute “UK”—

Sch 3 para 5(2)(a)

section 1217G(1)(b) (conditions for production to qualify for relief);

Sch 3 para 5(2)(b)

section 1217N(2) (provisional satisfaction of European expenditure condition);

Sch 3 para 5(2)(c)

section 1217NA(1), (2) and (3) (European expenditure condition provisionally satisfied not later satisfied).

Sch 3 para 5(3)

In section 1217OB (defined terms)—

Sch 3 para 5(3)(a)

omit the definitions of “European expenditure” and “European expenditure condition”;

Sch 3 para 5(3)(b)

at the end insert—

Sch 3 para 5(4)

In Schedule 4 (index of defined expressions)—

Sch 3 para 5(4)(a)

omit the entries for “European expenditure (in Part 15C)” and “European expenditure condition (in Part 15C)”;

Sch 3 para 5(4)(b)

at the appropriate places insert— ; .

Sch 3 para 5(5)

For transitional provision in relation to this paragraph, see paragraph 11.

Sch 3 para 6 — EEA expenditure not to qualify for relief
Sch 3 para 6(1)

In section 1217J(2) and (3) (amount of relief for theatrical production), for “European” substitute “UK”.

Sch 3 para 6(2)

For transitional provision in relation to this paragraph, see paragraph 12.

Sch 3 para 7 — Profit element of non-arm's-length payments to connected parties not to qualify for relief
Sch 3 para 7(1)

Section 1217JA (expenditure on theatrical productions that qualifies for relief) is amended as follows.

Sch 3 para 7(2)

In subsection (1)(b), after “(2)” insert “or (3)”.

Sch 3 para 7(3)

After subsection (2) insert—

Sch 3 para 7(4)

Those amendments have effect in relation to expenditure incurred on or after 1 April 2024.

Sch 3 para 8 — Amendment of R&D exclusion
Sch 3 para 8(1)

In section 1217JA (expenditure qualifying for theatre relief), for subsection (2) substitute—

Sch 3 para 8(1)(a)

in paragraph (a), for “is entitled to” substitute “would be able to claim”;

Sch 3 para 8(1)(b)

in paragraph (b), for “has obtained” substitute “would be able to claim”.

Sch 3 para 8(2)

Those amendments have effect in relation to expenditure incurred on or after 1 April 2024.

Sch 3 para 9 — Restriction where tax liabilities outstanding: meaning of “payment period”

In section 1217KB (payment in respect of theatre tax credit), after subsection (4) insert—

Sch 3 para 10 — Relief not to be available for companies in insolvency
Sch 3 para 10(1)

After section 1217KC insert—

Sch 3 para 10(2)

That amendment has effect in relation to claims made on or after 1 April 2024.

Sch 3

Changes from European to UK expenditure: transitional provision

Sch 3 para 11 — Transitional provision in relation to paragraph 5
Sch 3 para 11(1)

This paragraph makes transitional provision in connection with paragraph 5.

Sch 3 para 11(2)

The amendments made by that paragraph do not apply in relation to a theatrical production if—

Sch 3 para 11(2)(a)

it has entered production before 1 April 2024, and

Sch 3 para 11(2)(b)

the separate theatrical trade in respect of it ceases before 1 April 2025.

Sch 3 para 11(3)

Sub-paragraph (4) applies if—

Sch 3 para 11(3)(a)

a theatrical production has entered production before 1 April 2024,

Sch 3 para 11(3)(b)

the separate theatrical trade in respect of the production continues on or after 1 April 2025,

Sch 3 para 11(3)(c)

the production company’s company tax return for the first accounting period that ends on or after 1 April 2025 is accompanied by a statement of the amount of the core expenditure on the theatrical production incurred before 1 April 2025 that is European expenditure, and

Sch 3 para 11(3)(d)

that statement shows that, in respect of core expenditure incurred before 1 April 2025, the European expenditure condition is met.

Sch 3 para 11(4)

The company’s entitlement to— is unaffected by a failure to meet the UK expenditure condition so far as the entitlement derives from expenditure incurred before 1 April 2025.

Sch 3 para 11(4)(a)

an additional deduction under section 1217H of CTA 2009, or

Sch 3 para 11(4)(b)

a tax credit under section 1217K of that Act,

Sch 3 para 11(5)

For the purposes of sub-paragraph (4), an entitlement to a tax credit under section 1217H of CTA 2009 derives from expenditure incurred before 1 April 2025 to the extent that it would arise if only costs incurred and income received before that date were taken into account in calculating the surrenderable loss of the company for the purposes of section 1217KA of that Act.

Sch 3 para 11(6)

Sub-paragraph (7) applies in relation to a theatrical production in respect of which the separate theatrical trade continues on or after 1 April 2025.

Sch 3 para 11(7)

The reference in section 1217NA(1) of CTA 2009, as amended by paragraph 5, to a statement having been made under section 1217N(2) of that Act includes reference to a statement having been made in relation to the European expenditure condition under that provision before it was amended by paragraph 5.

Sch 3 para 11(8)

But the application of section 1217NA(1) of CTA 2009 as so amended is subject to sub-paragraph (4) (where that sub-paragraph applies).

Sch 3 para 11(9)

In this paragraph— “theatrical production”, “separate theatrical trade”, “production company” and “core expenditure” have the same meanings as in Part 15C of CTA 2009; “UK expenditure condition” has the same meaning as in that Part after the amendments made by paragraph 5; “European expenditure” and “European expenditure condition” have the same meanings as in that Part before the amendments made by paragraph 5.

Sch 3 para 11(10)

For the purposes of this paragraph, a theatrical production “enters production” when core expenditure is first incurred on it.

Sch 3 para 12 — Transitional provision in relation to paragraph 6
Sch 3 para 12(1)

This paragraph makes transitional provision in relation to paragraph 6.

Sch 3 para 12(2)

The amendments made by that paragraph have effect in relation to accounting periods ending on or after 1 April 2024.

Sch 3 para 12(3)

Sub-paragraph (4) applies in a case where expenditure incurred before 1 April 2024 is to be taken into account as qualifying expenditure for the purposes of section 1217J of CTA 2009 (amount of relief for theatrical production).

Sch 3 para 12(4)

The references in subsections (2) and (3) of that section (as amended by paragraph 6) to so much of the qualifying expenditure incurred to date as is UK expenditure are to be read as references to so much of the qualifying expenditure incurred to date as—

Sch 3 para 12(4)(a)

has been incurred before 1 April 2024 and is European expenditure, or

Sch 3 para 12(4)(b)

has been incurred on or after that date and is UK expenditure.

Sch 3 para 12(5)

But if the theatrical production in relation to which sub-paragraph (4) applies has entered production before 1 April 2024, the production company may elect for that sub-paragraph to have effect in relation to that production as if “2025” were substituted for “2024”.

Sch 3 para 12(6)

In this paragraph— “theatrical production”, “production company” and “core expenditure” have the same meanings as in Part 15C of CTA 2009; “UK expenditure” has the same meaning as in that Part after the amendments made by paragraph 5; “European expenditure” has the same meaning as in that Part before the amendments made by paragraph 5.

Sch 3 para 12(7)

For the purposes of sub-paragraph (5), a theatrical production “enters production” when core expenditure is first incurred on it.

Sch 4

Orchestral concerts

Sch 4

Amendments of Part 15D of CTA 2009

Sch 4 para 1 — Introduction

Part 15D of CTA 2009 (orchestra tax relief) is amended as follows.

Sch 4 para 2 — Time of election for orchestral concerts to be treated as a series
Sch 4 para 2(1)

In section 1217QA (election for orchestral concerts to be treated as a series), in subsection (1), after “Customs” insert .

Sch 4 para 2(2)

That amendment has effect in relation to a series of concerts the first concert in which takes place on or after 1 April 2024.

Sch 4 para 3 — Meaning of “core expenditure”
Sch 4 para 3(1)

In section 1217RC(3) (expenditure that is not “core expenditure” on orchestral concert), in paragraph (a), for “or storage” substitute “, storage, or the provision of incidental goods or services to members of the audience”.

Sch 4 para 3(2)

That amendment has effect in relation to expenditure incurred on or after 1 April 2024.

Sch 4 para 4 — Provision to emphasise that capital expenditure does not generally qualify for relief

In section 1217QD (costs of orchestral concert), in subsection (3), at the end insert—

Sch 4 para 5 — UK expenditure threshold to replace EEA expenditure threshold
Sch 4 para 5(1)

In section 1217RB (European expenditure condition)—

Sch 4 para 5(1)(a)

in the heading, for “European” substitute “UK”;

Sch 4 para 5(1)(b)

in subsection (1)—

Sch 4 para 5(1)(b)(i)

for “European” (in both places it occurs) substitute “UK”;

Sch 4 para 5(1)(b)(ii)

for “25%” substitute “10%”;

Sch 4 para 5(1)(c)

for subsection (2) substitute— ;

Sch 4 para 5(1)(d)

in subsection (3), for “European and non-European expenditure” substitute “expenditure that is and is not UK expenditure”;

Sch 4 para 5(1)(e)

in subsection (5), for “European” substitute “UK”.

Sch 4 para 5(2)

In each of the following provisions, for “European” (in each place it occurs) substitute “UK”—

Sch 4 para 5(2)(a)

section 1217RA(2)(d) and (4)(d) (need to meet European expenditure condition to qualify for relief);

Sch 4 para 5(2)(b)

section 1217T(2) (provisional satisfaction of European expenditure condition);

Sch 4 para 5(2)(c)

section 1217TA(1), (2) and (3) (European expenditure condition provisionally satisfied not later satisfied).

Sch 4 para 5(3)

In section 1217U (defined terms)—

Sch 4 para 5(3)(a)

omit the definitions of “European expenditure” and “European expenditure condition”;

Sch 4 para 5(3)(b)

at the end insert—

Sch 4 para 5(4)

In Schedule 4 (index of defined expressions)—

Sch 4 para 5(4)(a)

omit the entries for “European expenditure (in Part 15D)” and “European expenditure condition (in Part 15D)”;

Sch 4 para 5(4)(b)

at the appropriate places insert— ; .

Sch 4 para 5(5)

For transitional provision in relation to this paragraph, see paragraph 11.

Sch 4 para 6 — EEA expenditure not to qualify for relief
Sch 4 para 6(1)

In section 1217RE(2) and (3) (amount of relief for orchestral concert), for “European” substitute “UK”.

Sch 4 para 6(2)

For transitional provision in relation to this paragraph, see paragraph 12.

Sch 4 para 7 — Profit element of non-arm's-length payments to connected parties not to qualify for relief
Sch 4 para 7(1)

Section 1217RF (expenditure that qualifies for orchestra tax relief) is amended as follows.

Sch 4 para 7(2)

In subsection (1)—

Sch 4 para 7(2)(a)

omit the “and” after paragraph (a);

Sch 4 para 7(2)(b)

after paragraph (b) insert

Sch 4 para 7(3)

After subsection (2) insert—

Sch 4 para 7(4)

Those amendments have effect in relation to expenditure incurred on or after 1 April 2024.

Sch 4 para 8 — Amendment of exclusion for other reliefs
Sch 4 para 8(1)

In section 1217RF(2) (exclusion of expenditure eligible for other creative sector relief)—

Sch 4 para 8(1)(a)

in the words before paragraph (a), for the words from “(assuming” to the end substitute “the company would be able to claim”;

Sch 4 para 8(1)(b)

before paragraph (a) insert— .

Sch 4 para 8(2)

Those amendments have effect in relation to expenditure incurred on or after 1 April 2024.

Sch 4 para 9 — Restriction where tax liabilities outstanding: meaning of “payment period”

In section 1217RI (payment in respect of orchestra tax credit), after subsection (4) insert—

Sch 4 para 10 — Relief not to be available for companies in insolvency
Sch 4 para 10(1)

After section 1217RK insert—

Sch 4 para 10(2)

That amendment has effect in relation to claims made on or after 1 April 2024.

Sch 4

Changes from European to UK expenditure: transitional provision

Sch 4 para 11 — Transitional provision in relation to paragraph 5
Sch 4 para 11(1)

This paragraph makes transitional provision in relation to paragraph 5.

Sch 4 para 11(2)

The amendments made by that paragraph do not apply in relation to an orchestral concert or concert series if—

Sch 4 para 11(2)(a)

it has entered production before 1 April 2024, and

Sch 4 para 11(2)(b)

the separate orchestral trade in respect of it ceases before 1 April 2025.

Sch 4 para 11(3)

Sub-paragraph (4) applies if—

Sch 4 para 11(3)(a)

an orchestral concert or concert series has entered production before 1 April 2024,

Sch 4 para 11(3)(b)

the separate orchestral trade in respect of the concert or series continues on or after 1 April 2025,

Sch 4 para 11(3)(c)

the production company’s company tax return for the first accounting period that ends on or after 1 April 2025 is accompanied by a statement of the amount of the core expenditure on the concert or series incurred before 1 April 2025 that is European expenditure, and

Sch 4 para 11(3)(d)

that statement shows that, in respect of core expenditure incurred before 1 April 2025, the European expenditure condition is met.

Sch 4 para 11(4)

The company’s entitlement to— is unaffected by a failure to meet the UK expenditure condition so far as the entitlement derives from expenditure incurred before 1 April 2025.

Sch 4 para 11(4)(a)

an additional deduction under section 1217RD of CTA 2009, or

Sch 4 para 11(4)(b)

a tax credit under section 1217RG of that Act,

Sch 4 para 11(5)

For the purposes of sub-paragraph (4), an entitlement to a tax credit under section 1217RG of CTA 2009 derives from expenditure incurred before 1 April 2025 to the extent that it would arise if only costs incurred and income received before that date were taken into account in calculating the surrenderable loss of the company for the purposes of section 1217RH of that Act.

Sch 4 para 11(6)

Sub-paragraph (7) applies in relation to an orchestral concert or concert series in respect of which the separate orchestral trade continues on or after 1 April 2025.

Sch 4 para 11(7)

The reference in section 1217TA(1) of CTA 2009, as amended by paragraph 5(2)(c), to a statement having been made under section 1217T(2) of that Act includes reference to a statement having been made under that provision in relation to the European expenditure condition.

Sch 4 para 11(8)

But the application of section 1217TA(1) of CTA 2009 as so amended is subject to sub-paragraph (4) (where that sub-paragraph applies).

Sch 4 para 11(9)

In this paragraph— “orchestral concert”, “concert series”, “separate orchestral trade”, “production company” and “core expenditure” have the same meanings as in Part 15D of CTA 2009; “UK expenditure condition” has the same meaning as in that Part after the amendments made by paragraph 5; “European expenditure” and “European expenditure condition” have the same meanings as in that Part before the amendments made by paragraph 5.

Sch 4 para 11(10)

For the purposes of this paragraph, an orchestral concert or concert series “enters production” when core expenditure is first incurred on it.

Sch 4 para 12 — Transitional provision in relation to paragraph 6
Sch 4 para 12(1)

This paragraph makes transitional provision in relation to paragraph 6.

Sch 4 para 12(2)

The amendments made by that paragraph have effect in relation to accounting periods ending on or after 1 April 2024.

Sch 4 para 12(3)

Sub-paragraph (4) applies in a case where expenditure incurred before 1 April 2024 is to be taken into account as qualifying expenditure for the purposes of section 1217RE of CTA 2009 (amount of relief for orchestral concert).

Sch 4 para 12(4)

The references in subsections (2) and (3) of that section (as amended by paragraph 6) to so much of the qualifying expenditure incurred to date as is UK expenditure are to be read as references to so much of the qualifying expenditure incurred to date as—

Sch 4 para 12(4)(a)

has been incurred before 1 April 2024 and is European expenditure, or

Sch 4 para 12(4)(b)

has been incurred on or after that date and is UK expenditure.

Sch 4 para 12(5)

But if the orchestral concert or concert series in relation to which sub-paragraph (4) applies has entered production before 1 April 2024, the production company may elect for that sub-paragraph to have effect in relation to that concert or series as if “2025” were substituted for “2024”.

Sch 4 para 12(6)

In this paragraph— “orchestral concert”, “concert series”, “production company” and “core expenditure” have the same meanings as in Part 15D of CTA 2009; “UK expenditure” has the same meaning as in that Part after the amendments made by paragraph 5; “European expenditure” has the same meaning as in that Part before the amendments made by paragraph 5.

Sch 4 para 12(7)

For the purposes of sub-paragraph (5), an orchestral concert or concert series “enters production” when core expenditure is first incurred on it.

Sch 5

Museum and gallery exhibitions

Sch 5

Amendments of Part 15E of CTA 2009

Sch 5 para 1 — Introduction

Part 15E of CTA 2009 (museum and gallery exhibition tax relief) is amended as follows.

Sch 5 para 2 — Museum and gallery exhibitions not to be wholly remote
Sch 5 para 2(1)

In section 1218ZAA (meaning of “exhibition”), after subsection (4) insert—

Sch 5 para 2(2)

That amendment has effect in relation to an exhibition only where the production phase begins on or after 1 April 2024.

Sch 5 para 3 — Meaning of “core expenditure”
Sch 5 para 3(1)

In section 1218ZCD(7) (expenditure that is not “core expenditure” on museum or gallery exhibition), in paragraph (a), for “and promotional events” substitute “, promotional events, and the provision of incidental goods or services to visitors”.

Sch 5 para 3(2)

That amendment has effect in relation to expenditure incurred on or after 1 April 2024.

Sch 5 para 4 — UK expenditure threshold to replace European expenditure threshold
Sch 5 para 4(1)

In section 1218ZCC (European expenditure condition)—

Sch 5 para 4(1)(a)

in the heading, for “European” substitute “UK”;

Sch 5 para 4(1)(b)

in subsection (1)—

Sch 5 para 4(1)(b)(i)

for “European” (in both places it occurs) substitute “UK”;

Sch 5 para 4(1)(b)(ii)

for “25%” substitute “10%”;

Sch 5 para 4(1)(c)

for subsection (2) substitute— ;

Sch 5 para 4(1)(d)

in subsection (3), for “European and non-European expenditure” substitute “expenditure that is and is not UK expenditure”;

Sch 5 para 4(1)(e)

in subsection (5), for “European” substitute “UK”.

Sch 5 para 4(2)

In each of the following provisions, for “European” (in each place it occurs) substitute “UK”—

Sch 5 para 4(2)(a)

section 1218ZCA(5) (need to meet European expenditure condition to qualify for relief);

Sch 5 para 4(2)(b)

section 1218ZE(2) (provisional satisfaction of European expenditure condition);

Sch 5 para 4(2)(c)

section 1218ZEA(1), (2) and (3) (European expenditure condition provisionally satisfied not later satisfied).

Sch 5 para 4(3)

In section 1218ZFA (defined terms)—

Sch 5 para 4(3)(a)

omit the definitions of “European expenditure” and “European expenditure condition”;

Sch 5 para 4(3)(b)

at the end insert—

Sch 5 para 4(4)

In Schedule 4 (index of defined expressions)—

Sch 5 para 4(4)(a)

omit the entries for “European expenditure (in Part 15E)” and “European expenditure condition (in Part 15E)”;

Sch 5 para 4(4)(b)

at the appropriate places insert— ; .

Sch 5 para 4(5)

For transitional provision in relation to this paragraph, see paragraph 10.

Sch 5 para 5 — EEA expenditure not to qualify for relief
Sch 5 para 5(1)

In section 1218ZCF(2) and (3) (amount of relief for museum or gallery exhibition), for “European” substitute “UK”.

Sch 5 para 5(2)

For transitional provision in relation to this paragraph, see paragraph 11.

Sch 5 para 6 — Profit element of non-arm's-length payments to connected parties not to qualify for relief
Sch 5 para 6(1)

Section 1218ZCG (expenditure that qualifies for museums and galleries exhibition tax relief) is amended as follows.

Sch 5 para 6(2)

In subsection (1), after paragraph (b) (but before the following “and”) insert— .

Sch 5 para 6(3)

After subsection (2) insert—

Sch 5 para 6(4)

Those amendments have effect in relation to expenditure incurred on or after 1 April 2024.

Sch 5 para 7 — Amendment of exclusion for R&D relief and other creative sector reliefs
Sch 5 para 7(1)

In section 1218ZCG(2) (exclusion of expenditure eligible for R&D relief or other creative sector relief), in the words before paragraph (a), for the words from “(assuming” to the end substitute “the company would be able to claim”.

Sch 5 para 7(2)

That amendment has effect in relation to expenditure incurred on or after 1 April 2024.

Sch 5 para 8 — Restriction where tax liabilities outstanding: meaning of “payment period”

In section 1218ZCJ (payment in respect of museums and galleries exhibition tax credit), after subsection (4) insert—

Sch 5 para 9 — Relief not to be available for companies in insolvency
Sch 5 para 9(1)

After section 1218ZCL insert—

Sch 5 para 9(2)

That amendment has effect in relation to claims made on or after 1 April 2024.

Sch 5

Changes from European to UK expenditure: transitional provision

Sch 5 para 10 — Transitional provision in relation to paragraph 4
Sch 5 para 10(1)

This paragraph makes transitional provision in relation to paragraph 4.

Sch 5 para 10(2)

The amendments made by that paragraph do not have effect in relation to an exhibition if—

Sch 5 para 10(2)(a)

it has entered production before 1 April 2024, and

Sch 5 para 10(2)(b)

the separate exhibition trade in respect of it ceases before 1 April 2025.

Sch 5 para 10(3)

Sub-paragraph (4) applies if—

Sch 5 para 10(3)(a)

an exhibition has entered production before 1 April 2024,

Sch 5 para 10(3)(b)

the separate exhibition trade in respect of the exhibition continues on or after 1 April 2025,

Sch 5 para 10(3)(c)

the production company’s company tax return for the first accounting period that ends on or after 1 April 2025 is accompanied by a statement of the amount of the core expenditure on the exhibition incurred before 1 April 2025 that is European expenditure, and

Sch 5 para 10(3)(d)

that statement shows that, in respect of core expenditure incurred before 1 April 2025, the European expenditure condition is met.

Sch 5 para 10(4)

The company’s entitlement to— is unaffected by a failure to meet the UK expenditure condition so far as the entitlement derives from expenditure incurred before 1 April 2025.

Sch 5 para 10(4)(a)

an additional deduction under section 1218ZCE of CTA 2009, or

Sch 5 para 10(4)(b)

a tax credit under section 1218ZCH of that Act,

Sch 5 para 10(5)

For the purposes of sub-paragraph (4), an entitlement to a tax credit under section 1218ZCH of CTA 2009 derives from expenditure incurred before 1 April 2025 to the extent that it would arise if only costs incurred and income received before that date were taken into account in calculating the surrenderable loss of the company for the purposes of section 1218ZCI of that Act.

Sch 5 para 10(6)

Sub-paragraph (7) applies in relation to an exhibition in respect of which the separate exhibition trade continues on or after 1 April 2025.

Sch 5 para 10(7)

The reference in section 1218ZEA(1) of CTA 2009, as amended by paragraph 4(2)(c), to a statement having been made under section 1218ZE(2) of that Act includes reference to a statement having been made under that provision in relation to the European expenditure condition.

Sch 5 para 10(8)

But the application of section 1218ZEA(1) of CTA 2009 as so amended is subject to sub-paragraph (4) (where that sub-paragraph applies).

Sch 5 para 10(9)

In this paragraph— “exhibition”, “separate exhibition trade”, “production company” and “core expenditure” have the same meanings as in Part 15E of CTA 2009; “UK expenditure” and “UK expenditure condition” have the same meanings as in that Part after the amendments made by paragraph 4; “European expenditure” and “European expenditure condition” have the same meanings as in that Part before the amendments made by paragraph 4.

Sch 5 para 10(10)

For the purposes of this paragraph, an exhibition “enters production” when core expenditure is first incurred on it.

Sch 5 para 11 — Transitional provision in relation to paragraph 5
Sch 5 para 11(1)

This paragraph makes transitional provision in relation to paragraph 5.

Sch 5 para 11(2)

The amendments made by that paragraph have effect in relation to accounting periods ending on or after 1 April 2024.

Sch 5 para 11(3)

Sub-paragraph (4) applies in a case where expenditure incurred before 1 April 2024 is to be taken into account as qualifying expenditure for the purposes of section 1218ZCF of CTA 2009 (amount of relief for museum or gallery exhibition).

Sch 5 para 11(4)

The references in subsections (2) and (3) of that section (as amended by paragraph 5) to so much of the qualifying expenditure incurred to date as is UK expenditure are to be read as references to so much of the qualifying expenditure incurred to date as—

Sch 5 para 11(4)(a)

has been incurred before 1 April 2024 and is European expenditure, or

Sch 5 para 11(4)(b)

has been incurred on or after that date and is UK expenditure.

Sch 5 para 11(5)

But if the exhibition in relation to which sub-paragraph (4) applies has entered production before 1 April 2024, the production company may elect for that sub-paragraph to have effect in relation to that exhibition as if “2025” were substituted for “2024”.

Sch 5 para 11(6)

In this paragraph— “exhibition”, “production company” and “core expenditure” have the same meanings as in Part 15E of CTA 2009; “UK expenditure” has the same meaning as in that Part after the amendments made by paragraph 4; “European expenditure” has the same meanings as in that Part before the amendments made by paragraph 4.

Sch 5 para 11(7)

For the purposes of sub-paragraph (5), an exhibition “enters production” when core expenditure is first incurred on it.

Sch 6

Administration of creative sector reliefs

Sch 6 para 1 — Power to recover overpayments
Sch 6 para 1(1)

Paragraph 52 of Schedule 18 to FA 1998 (recovery of excessive payments) is amended as follows.

Sch 6 para 1(2)

In sub-paragraph (1), in the words before paragraph (a), for “paragraph” substitute “sub-paragraph”.

Sch 6 para 1(3)

In sub-paragraph (2)—

Sch 6 para 1(3)(a)

for “This paragraph” substitute “Sub-paragraph (1)”;

Sch 6 para 1(3)(b)

omit paragraphs (bd) to (bi).

Sch 6 para 1(4)

In sub-paragraph (2A), after paragraph (c) insert .

Sch 6 para 1(5)

After sub-paragraph (2A) insert—

Sch 6 para 1(6)

In sub-paragraph (5)—

Sch 6 para 1(6)(a)

omit paragraphs (ae) and (ag) to (ak);

Sch 6 para 1(6)(b)

before paragraph (b) insert— ;

Sch 6 para 1(6)(c)

in the words after paragraph (b), for the words from “the” to the end substitute “that accounting period”.

Sch 6 para 1(7)

Those amendments have effect in relation to accounting periods beginning on or after 1 April 2024.

Sch 6 para 2 — Time limit for claims
Sch 6 para 2(1)

In paragraph 83W(1) of Schedule 18 to FA 1998 (time limits for claims under Parts 15 to 15E of CTA 2009), for the words from “first” to the end substitute

Sch 6 para 2(2)

That amendment has effect in relation to accounting periods beginning on or after 1 April 2024.

Sch 6 para 3 — Supporting information
Sch 6 para 3(1)

After paragraph 83W of Schedule 18 to FA 1998 insert—

Sch 6 para 3(2)

That amendment has effect in relation to claims made on or after 1 April 2024.

Sch 7

Real Estate Investment Trusts

Sch 7 para 1 — Amendment of CTA 2010

CTA 2010 is amended in accordance with paragraphs 2 to 10.

Sch 7 para 2 — CoACS to be institutional investors

In Section 528 (conditions for company), in subsection (4A), after paragraph (b) insert— .

Sch 7 para 3 — Non-close condition
Sch 7 para 3(1)

Section 528 is amended as follows.

Sch 7 para 3(2)

In subsection (4)—

Sch 7 para 3(2)(a)

in the words before paragraph (a), after “company” insert “meets the non-close condition.”, and

Sch 7 para 3(2)(b)

omit paragraphs (a) and (b).

Sch 7 para 3(3)

After subsection (4B) insert—

Sch 7 para 3(4)

In subsection (5), for “subsection (4)(a)” substitute “determining whether the non-close condition is met”.

Sch 7 para 3(5)

After subsection (5A) (as inserted by paragraph 4) insert—

Sch 7 para 3(6)

Section 528 has effect, and is to be deemed always to have had effect, with the amendments made by this paragraph.

Sch 7 para 4 — Certain institutional investors required to meet GDO or non-close condition
Sch 7 para 4(1)

Section 528 is further amended as follows.

Sch 7 para 4(2)

In subsection (4A)—

Sch 7 para 4(2)(a)

in paragraph (a)—

Sch 7 para 4(2)(a)(i)

in sub-paragraph (i), after “2000)” insert “that meets the genuine diversity of ownership condition (see section 528ZB(2)) or the non-close condition”, and

Sch 7 para 4(2)(a)(ii)

in sub-paragraph (ii), after “Act)” insert “and that meets the genuine diversity of ownership condition or the non-close condition”,

Sch 7 para 4(2)(b)

in paragraph (b)—

Sch 7 para 4(2)(b)(i)

in sub-paragraph (i), after “Act” insert “and that meets the genuine diversity of ownership condition or the non-close condition”,

Sch 7 para 4(2)(b)(ii)

in sub-paragraph (ii), for “and” substitute “that”, and

Sch 7 para 4(2)(b)(iii)

in that sub-paragraph, after “2000)” insert “and that meets the genuine diversity of ownership condition or the non-close condition”,

Sch 7 para 4(2)(c)

in paragraph (c), after “2000)” insert “that meets the genuine diversity of ownership condition or the non-close condition”, and

Sch 7 para 4(2)(d)

in paragraph (e), after “who” insert “meets the non-close condition and who”.

Sch 7 para 4(3)

After subsection (4C) (as inserted by paragraph 3) insert—

Sch 7 para 4(4)

In subsection (5) (as amended by paragraph 3)—

Sch 7 para 4(4)(a)

the words from “a company” to the end become paragraph (a),

Sch 7 para 4(4)(b)

after that paragraph insert

Sch 7 para 4(5)

After subsection (5) insert—

Sch 7 para 4(6)

After subsection (5C) (as inserted by paragraph 3) insert—

Sch 7 para 4(7)

In section 528ZA, in subsection (7), for the words from “which” to the end substitute “if a person acting on behalf of it would be an institutional investor as a result of section 528(4A)(c)”.

Sch 7 para 4(8)

In section 528ZB—

Sch 7 para 4(8)(a)

for the heading substitute “Genuine diversity of ownership condition”,

Sch 7 para 4(8)(b)

omit subsection (1),

Sch 7 para 4(8)(c)

omit subsection (5), and

Sch 7 para 4(8)(d)

in subsection (7), after “section” insert .

Sch 7 para 4(9)

In consequence of the other amendments made by this paragraph, in Schedule 5AAA to TCGA 1992, in paragraph 46(3)(a), for “section 528(4A)(a), (b), (c), (i) or (j)” substitute “section 528(4A)(i) or (j)“.

Sch 7 para 5 — Paragraph 4: transitional provision
Sch 7 para 5(1)

Sub-paragraph (2) applies where—

Sch 7 para 5(1)(a)

immediately before the day on which this Act is passed, a company that is a company UK REIT or the principal member of a group UK REIT, met the conditions in section 528 of CTA 2010, and

Sch 7 para 5(1)(b)

the company ceases to meet one or more of those conditions on that day as a result of one or more persons ceasing to be regarded as institutional investors as a result of the amendments made by paragraph 4.

Sch 7 para 5(2)

Part 12 of CTA 2010 has effect in relation to such a person for the purposes of determining whether the company meets those conditions as if the amendments made by paragraph 4 had not been made for so long as the person’s interest in the company as a proportion of all interests in the company—

Sch 7 para 5(2)(a)

does not increase as a result of the acquisition by the person of further interests in the company, and

Sch 7 para 5(2)(b)

continuously remains relevant to the question of whether those conditions are met.

Sch 7 para 5(3)

Sub-paragraph (4) applies where—

Sch 7 para 5(3)(a)

immediately before the day on which this Act is passed, a collective investment vehicle, or a company that is not a collective investment vehicle, (“the reliant entity”) relied on its having a qualifying investor as a direct or indirect participator for the purpose of any provision of Schedule 5AAA to TCGA 1992 (“a qualifying purpose”), and

Sch 7 para 5(3)(b)

the qualifying investor (“the former qualifying investor”) ceased to be a qualifying investor a result of the amendments made by paragraph 4.

Sch 7 para 5(4)

That Schedule has effect in relation to the former qualifying investor for a qualifying purpose as if the amendments made by paragraph 4 had not been made for so long as—

Sch 7 para 5(4)(a)

the investor’s interest in the reliant entity as a proportion of all interests in the entity does not increase as a result of the acquisition by the investor of further interests in the reliant entity, and

Sch 7 para 5(4)(b)

the investor being a direct or indirect participator in the reliant entity continuously remains relevant for at least one qualifying purpose.

Sch 7 para 5(5)

Sub-paragraph (6) applies when determining whether a collective investment scheme constituted before the day on which this Act is passed meets the genuine diversity of ownership condition for the purposes of any of paragraphs (a) to (c) of section 528(4A).

Sch 7 para 5(6)

Regulation 75(2) of the Offshore Funds (Tax) Regulations 2009 (including as it applies for the purposes of regulation 75(5) of those Regulations) has effect, for those purposes, as if it referred to a statement prepared by the manager of the scheme (instead of the documents referred to in that paragraph) which—

Sch 7 para 5(6)(a)

is available to HMRC,

Sch 7 para 5(6)(b)

specifies the intended categories of investor when the scheme was marketed,

Sch 7 para 5(6)(c)

confirms that the interests in the scheme were made widely available, and

Sch 7 para 5(6)(d)

confirms that interests in the scheme were marketed and made available in accordance with the requirements of regulation 75(4)(a) of those Regulations (and that provision is to be read accordingly).

Sch 7 para 6 — Insurance companies may be included in group UK REIT
Sch 7 para 6(1)

Section 606 (meaning of group) is amended as follows.

Sch 7 para 6(2)

In subsection (2), omit paragraphs (b) and (c) (but not the “or” at the end of paragraph (c)).

Sch 7 para 6(3)

In subsection (5), omit the definitions of “insurance company” and “insurance subsidiary”.

Sch 7 para 7 — Property financing costs
Sch 7 para 7(1)

Section 544 (meaning of “property profits” and “property financing costs”) is amended as follows.

Sch 7 para 7(2)

In subsection (3)(a), for “property rental business of members of the group” substitute “the group's property rental business in the United Kingdom”.

Sch 7 para 7(3)

After subsection (3) insert—

Sch 7 para 7(4)

Section 544 has effect, and is to be deemed always to have had effect, with the amendments made by sub-paragraphs (2) and (3).

Sch 7 para 7(5)

After subsection (4) insert—

Sch 7 para 7(6)

The amendment made by sub-paragraph (5) has effect for accounting periods ending on or after 1 April 2023.

Sch 7 para 8 — Single property rule

In section 529 (conditions as to property rental business)—

Sch 7 para 8(a)

in subsection (2A)—

Sch 7 para 8(a)(i)

after “is” insert “, or was at any time from the relevant time,”,

Sch 7 para 8(a)(ii)

for “exceeds” substitute “in excess of”, and

Sch 7 para 8(a)(iii)

omit “at the relevant time”, and

Sch 7 para 8(b)

in subsection (2B)—

Sch 7 para 8(b)(i)

in the words before paragraph (a), after “means” insert “the later of”

Sch 7 para 8(b)(ii)

for paragraphs (a) and (b) substitute—

Sch 7 para 9 — Disposal of rights or interests in UK property rich funds
Sch 7 para 9(1)

Section 535A (disposals of rights or interests in UK property rich companies) is amended as follows.

Sch 7 para 9(2)

After subsection (7) insert—

Sch 7 para 9(3)

In subsection (8) after “subsection (7)” insert “or (7A)”.

Sch 7 para 10 — Holders of excessive rights
Sch 7 para 10(1)

In section 551 (tax consequences of distribution to holder of excessive rights), in subsection (1)(a), for “(as” substitute “that is not an excluded holder (both as”.

Sch 7 para 10(2)

In section 553 (meaning of “holder of excessive rights”)—

Sch 7 para 10(2)(a)

in the heading, after “rights”” insert “and “excluded holder”,

Sch 7 para 10(2)(b)

in subsection (1), omit the words after paragraph (b), and

Sch 7 para 10(2)(c)

after subsection (4) insert—

Sch 7 para 11 — Corporate interest restriction and disposal of interests in UK property rich companies
Sch 7 para 11(1)

Section 452 of TIOPA 2010 (corporate interest restriction: REITs) is amended as follows.

Sch 7 para 11(2)

In subsection (1)(b), after “(5)” insert “, or section 535A(2),”.

Sch 7 para 11(3)

In subsection (4)(b), after “(5)” insert “, or section 535A(2),”.

Sch 8

Tonnage tax

Sch 8 para 1 — Introduction

Schedule 22 to FA 2000 (tonnage tax) is amended as follows.

Sch 8 para 2 — Qualifying companies to include companies managing qualifying ships
Sch 8 para 2(1)

In paragraph 16 (qualifying companies and groups), in sub-paragraph (1)(b), after “operates” insert “or manages”.

Sch 8 para 2(2)

After paragraph 18 insert—

Sch 8 para 3 — Daily profits of managed ships
Sch 8 para 3(1)

Paragraph 4 (tonnage tax profits: method of calculation) is amended as follows.

Sch 8 para 3(2)

In sub-paragraph (1), after “operated” insert “or managed”.

Sch 8 para 3(3)

In sub-paragraph (2), for Step One substitute— .

Sch 8 para 4 — Tonnage tax activities include activities in managing ships

In paragraph 46 (core qualifying activities)—

Sch 8 para 4(a)

in sub-paragraph (1)—

Sch 8 para 4(a)(i)

in paragraph (a), after “operating” insert “or managing”, and

Sch 8 para 4(a)(ii)

in paragraph (b), after “operating” insert “or managing”, and

Sch 8 para 4(b)

after sub-paragraph (2) insert—

Sch 8 para 5 — Effect of temporarily ceasing to manage or operate qualifying ships

In paragraph 17 (effect of temporarily ceasing to operate qualifying ships)—

Sch 8 para 5(a)

in sub-paragraph (1) after “operate”, in both places it occurs, insert “or manage”,

Sch 8 para 5(b)

in sub-paragraph (2), in paragraph (a), after “operating” insert “or managing”,

Sch 8 para 5(c)

in that sub-paragraph, in the words after paragraph (b)—

Sch 8 para 5(c)(i)

after “operate” insert “or manage”,

Sch 8 para 5(c)(ii)

after “operated” insert “or managed”, and

Sch 8 para 5(d)

in sub-paragraph (4)—

Sch 8 para 5(d)(i)

in paragraph (a), after “operating” insert “or managing”, and

Sch 8 para 5(d)(ii)

in paragraph (b), after “operates” insert “or manages”.

Sch 8 para 6 — Training requirement

In paragraph 23 (the training requirement), after sub-paragraph (2) insert—

Sch 8 para 7 — Disapplication of 75% limit for ship managers
Sch 8 para 7(1)

In paragraph 37 (75% charter limit)—

Sch 8 para 7(1)(a)

in sub-paragraph (1), in the words before paragraph (a), after “of” insert “a relevant company or group”, and

Sch 8 para 7(1)(b)

after sub-paragraph (5) insert—

Sch 8 para 7(2)

In paragraph 49 (distributions of oversea shipping companies), in sub-paragraph (2), in paragraph (c), after “that” insert “, where the overseas company operates qualifying ships,”.

Sch 8 para 8 — Commencement

The amendments made by this Schedule have effect in relation to tonnage tax elections made on or after 1 April 2024.

Sch 9

Pensions

Sch 9

Abolition of lifetime allowance charge

Sch 9 para 1

Part 4 of FA 2004 (pension schemes etc) is amended as follows.

Sch 9 para 2

In section 204 (tax charges: authorised pensions and lump sums), after subsection (2) insert—

Sch 9 para 3

Omit sections 214 to 226 (lifetime allowance charge) and the italic heading before those sections.

Sch 9 para 4
Sch 9 para 4(1)

Section 232 (annual allowance charge: cash balance arrangements: adjustments of closing value) is amended as follows.

Sch 9 para 4(2)

In subsection (8A)(c)—

Sch 9 para 4(2)(a)

omit “or, but for paragraph 15A of Schedule 32, would occur”;

Sch 9 para 4(2)(b)

for “lifetime allowance excess lump sum” substitute “pension commencement excess lump sum”.

Sch 9 para 4(3)

In subsection (8D)—

Sch 9 para 4(3)(a)

in paragraph (a) omit “or benefit crystallisation event 5, 5A or 5B occurs in relation to the individual and the pension scheme”;

Sch 9 para 4(3)(b)

in paragraph (b) omit “or the benefit crystallisation event occurs”.

Sch 9 para 4(4)

After subsection (8D) insert—

Sch 9 para 5
Sch 9 para 5(1)

Section 236 (annual allowance charge: defined benefits arrangements: adjustments of closing value) is amended as follows.

Sch 9 para 5(2)

In subsection (8A)(c) for “lifetime allowance excess lump sum” substitute “pension commencement excess lump sum”.

Sch 9 para 5(3)

In subsection (8D)—

Sch 9 para 5(3)(a)

in paragraph (a) omit “or benefit crystallisation event 5, 5A or 5B occurs in relation to the individual and the pension scheme”;

Sch 9 para 5(3)(b)

in paragraph (b) omit “or the benefit crystallisation event occurs”.

Sch 9 para 5(4)

After subsection (8D) insert—

Sch 9 para 6

In section 237B (annual allowance: liability of scheme administrator), in subsection (6) omit the words from “or benefit crystallisation event 5” to the end.

Sch 9 para 7

In section 255 (assessments under Part 4 of FA 2004), in subsection (1) omit paragraph (c).

Sch 9 para 8

Omit section 267 (discharge of liability of scheme administrator to lifetime allowance charge).

Sch 9 para 9
Sch 9 para 9(1)

Section 269 (appeal against decision on discharge of liability) is amended as follows.

Sch 9 para 9(2)

In subsection (1)—

Sch 9 para 9(2)(a)

in paragraph (a) omit “section 267(2) (discharge of liability to lifetime allowance charge)”;

Sch 9 para 9(2)(b)

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

Sch 9 para 9(3)

In subsection (6) omit “lifetime allowance charge,”.

Sch 9 para 9(4)

Omit subsections (9) to (11).

Sch 9 para 10

In section 272A (liabilities of independent trustee), in subsection (7) omit paragraph (b).

Sch 9 para 11

In section 280 (abbreviations and general index), in the table in subsection (2) omit the entries for the following— active membership period; amount crystallised; available (in relation to a person’s lifetime allowance); benefit crystallisation event; lifetime allowance (in relation to a person); lifetime allowance charge; lifetime allowance enhancement factors; lifetime allowance excess lump sum; overseas arrangement active membership period; recognised overseas scheme arrangement; relevant overseas individual; standard lifetime allowance; transitional 2013/14 lump sum; winding-up lump sum death benefit.

Sch 9 para 12

In Schedule 28 (pension rules and pension death benefit rules), in Part 2 (pension death benefit rules), in paragraph 16AA omit sub-paragraph (a).

Sch 9 para 13
Sch 9 para 13(1)

Schedule 32 (meaning of expressions relating to benefit crystallisation events) is amended as follows.

Sch 9 para 13(2)

In the shoulder note, for “Section 216” substitute “Sections 232 and 236”.

Sch 9 para 13(3)

In the heading omit “- supplementary”.

Sch 9 para 13(4)

Before paragraph 1 and the italic heading before it insert—

Sch 9 para 13(5)

In paragraph 1 (meaning of “the relevant pension schemes”)—

Sch 9 para 13(5)(a)

for “For the purposes of the benefit crystallisation events” substitute “In this Schedule”;

Sch 9 para 13(5)(b)

omit the words from “(or in the case of” to the end.

Sch 9 para 13(6)

Omit the following paragraphs and the italic headings before them—

Sch 9 para 13(6)(a)

paragraph 2A (avoiding double counting of refunded amounts of overseas transfer charge);

Sch 9 para 13(6)(b)

paragraphs 2B, 3 and 4 (BCEs 1, 2 and 4: prevention of overlap);

Sch 9 para 13(6)(c)

paragraph 5 (BCEs 1 and 5: hybrid arrangements);

Sch 9 para 13(6)(d)

paragraph 6 (BCEs 2, 3 and 5: meaning of “RVF”);

Sch 9 para 13(7)

In paragraph 7 (BCEs 2 and 4: early lifetime annuities) omit sub-paragraphs (4) and (5).

Sch 9 para 13(8)

Omit the following paragraphs and the italic headings before them—

Sch 9 para 13(8)(a)

paragraph 9 (BCE 2: meaning of “P”);

Sch 9 para 13(8)(b)

paragraph 13 (BCE 3: meaning of “XP”);

Sch 9 para 13(8)(c)

paragraph 14 (BCE 5: meaning of “DP” and “DSLS”);

Sch 9 para 13(8)(d)

paragraph 14ZA (BCEs 5 and 5B: hybrid arrangements);

Sch 9 para 13(8)(e)

paragraph 14ZB (BCE 5A: meaning of “amounts crystallised by BCE 1”);

Sch 9 para 13(8)(f)

paragraph 14A (BCE 5B: meaning of “remaining unused funds”);

Sch 9 para 13(8)(g)

paragraph 14B (BCEs 5C and 5D: meaning of “relevant two-year period”);

Sch 9 para 13(8)(h)

paragraph 14C (BCEs 5C and 5D: meaning of “relevant unused uncrystallised funds”).

Sch 9 para 13(9)

In paragraph 15 (BCE 6: meaning of “relevant lump sum”), in sub-paragraph (c), for “lifetime allowance excess lump sum” substitute “pension commencement excess lump sum”.

Sch 9 para 13(10)

Omit the following paragraphs and the italic headings before them—

Sch 9 para 13(10)(a)

paragraph 15A (BCE 6: prevention of overlap);

Sch 9 para 13(10)(b)

paragraph 16 (BCE 7: meaning of “relevant lump sum death benefit”);

Sch 9 para 13(10)(c)

paragraph 17 (BCE 8: prevention of overlap).

Sch 9 para 14

In Schedule 34 (non-UK schemes: application of certain charges) omit paragraphs 13 to 19 (lifetime allowance charge) and the italic heading before those paragraphs.

Sch 9

Taxation of lump sums

Sch 9 para 15 — Amendments of Part 4 of FA 2004 (pension schemes etc)

Part 4 of FA 2004 (pension schemes etc) is amended as follows.

Sch 9 para 16 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In section 164 (authorised member payments), in subsection (2)(c), for the words from “for the purposes of” to the end substitute “as a relevant benefit crystallisation event for the purposes of section 637Q or 637S of ITEPA 2003 (availability of individual’s lump sum allowance and lump sum and death benefit allowance).”

Sch 9 para 17 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 17(1)

Section 166 (lump sum rule) is amended as follows.

Sch 9 para 17(2)

In subsection (1), in the lump sum rule—

Sch 9 para 17(2)(a)

after paragraph (a) insert— ;

Sch 9 para 17(2)(b)

at the end of paragraph (e) insert “, or”;

Sch 9 para 17(2)(c)

omit paragraphs (g) and (h).

Sch 9 para 17(3)

In subsection (2)—

Sch 9 para 17(3)(a)

omit paragraph (za);

Sch 9 para 17(3)(b)

in paragraph (a), for “any other pension commencement lump sum” substitute “a pension commencement lump sum or a pension commencement excess lump sum”.

Sch 9 para 18 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In section 168 (lump sum death benefit rule), in subsection (1), in the lump sum death benefit rule—

Sch 9 para 18(a)

at the end of paragraph (f) insert “, or”;

Sch 9 para 18(b)

omit paragraph (i) (and the “or” before it).

Sch 9 para 19 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In section 227G (when pension rights are first flexibly accessed) omit subsection (11).

Sch 9 para 20 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 20(1)

Section 228ZA (tapered reduction of annual allowance: high-income individual) is amended as follows.

Sch 9 para 20(2)

In subsection (4) (definition of “adjusted income”), for paragraph (e) substitute—

Sch 9 para 20(3)

In subsection (5) (definition of “threshold income”), for paragraph (d) substitute—

Sch 9 para 21 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In section 264 (false statements etc), in subsection (1)(a), for “under this Part, or” substitute “under this Part or under Part 9 of ITEPA 2003 (pension income) on pension income to which—

Sch 9 para 22 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 22(1)

Section 265 (winding-up to facilitate payment of lump sums) is amended as follows.

Sch 9 para 22(2)

In subsection (2) omit “or winding-up lump sum death benefits (or both)”.

Sch 9 para 22(3)

In subsection (4) omit paragraph (b) (and the “and” before it).

Sch 9 para 23 — Amendments of Part 4 of FA 2004 (pension schemes etc)

After section 278 (market value) insert—

Sch 9 para 24 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In section 280 (abbreviations and general index), in the table in subsection (2)—

Sch 9 para 24(a)

at the appropriate places add— ;

Sch 9 para 24(b)

in the entry for “related dependants’ annuity” for “paragraph 3(4A) of Schedule 29” substitute “section 278B(1)”;

Sch 9 para 24(c)

in the entry for “related nominees’ annuity” for “paragraph 3(4B) of Schedule 29” substitute “section 278B(2)”;

Sch 9 para 24(d)

in the entry for “related dependants’ scheme pension” for “paragraph 3(7C) of Schedule 29” substitute “section 278B(3)”.

Sch 9 para 25 — Amendments of Part 4 of FA 2004 (pension schemes etc)

Schedule 29 (authorised lump sums - supplementary) is amended in accordance with paragraphs 26 to 37.

Sch 9 para 26 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 26(1)

Paragraphs 1 to 3A (pension commencement lump sums) are amended as follows.

Sch 9 para 26(2)

In paragraph 1 (pension commencement lump sum)—

Sch 9 para 26(2)(a)

in sub-paragraph (1)—

Sch 9 para 26(2)(a)(i)

in paragraph (b) for the words from “lifetime allowance” to the end substitute “lump sum allowance is available, and all or part or the member’s lump sum and death benefit allowance is available (see paragraph 12A),”;

Sch 9 para 26(2)(a)(ii)

in sub-paragraph (f) for “sub-paragraphs (4) and (4A)” substitute “sub-paragraph (4A)”;

Sch 9 para 26(2)(b)

omit sub-paragraphs (3A), (4) and (6).

Sch 9 para 26(3)

Omit paragraphs 1A and 1B (which modify the definition of “pension commencement lump sum” in relation to certain lump sums paid before 6 April 2015 and are therefore no longer of practical utility).

Sch 9 para 26(4)

For paragraph 2 (definition of “the permitted maximum”) substitute—

Sch 9 para 26(5)

For paragraph 3 (definition of “the applicable amount”) substitute—

Sch 9 para 26(6)

Before paragraph 3A (anti-avoidance rule to prevent recycling of pension commencement lump sum) insert the following heading— .

Sch 9 para 26(7)

In paragraph 3A(5), for paragraphs (a) and (b) substitute “the amount of the lump sum”.

Sch 9 para 26(8)

After paragraph 3A insert—

Sch 9 para 26(9)

After paragraph 3B (as inserted by sub-paragraph (8)) insert—

Sch 9 para 27 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 27(1)

Paragraph 4 (serious ill-health lump sum) is amended as follows.

Sch 9 para 27(2)

In sub-paragraph (1)—

Sch 9 para 27(2)(a)

at the end of paragraph (a) insert “and”;

Sch 9 para 27(2)(b)

omit paragraph (b).

Sch 9 para 27(3)

In sub-paragraph (2) for “in respect of which there has been no previous benefit crystallisation event” substitute “under which the member has not previously become entitled to any pension or lump sum”.

Sch 9 para 27(4)

Omit sub-paragraph (3).

Sch 9 para 28 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 28(1)

Paragraph 4A (uncrystallised funds pension lump sum) is amended as follows.

Sch 9 para 28(2)

In sub-paragraph (1) omit paragraph (b).

Sch 9 para 28(3)

Omit sub-paragraph (2).

Sch 9 para 29 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 29(1)

Paragraph 5 (short service refund lump sum) is amended as follows.

Sch 9 para 29(2)

In sub-paragraph (1), for paragraph (c) substitute— .

Sch 9 para 30 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 30(1)

In paragraph 7 (trivial commutation lump sum), in sub-paragraph (1)(c), for “lifetime allowance is available” substitute “lump sum allowance is available (see paragraph 12A)”.

Sch 9 para 30(2)

In paragraph 8 (trivial commutation lump sum: value of member’s relevant crystallised pension rights on the nominated date), in sub-paragraph (1), for paragraph (b) substitute—

Sch 9 para 31 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In paragraph 10 (winding-up lump sum), in sub-paragraph (1)(d), for “lifetime allowance is available” substitute “lump sum allowance is available (see paragraph 12A)”.

Sch 9 para 32 — Amendments of Part 4 of FA 2004 (pension schemes etc)

Omit paragraph 11 (lifetime allowance excess lump sum) and the italic heading before it.

Sch 9 para 33 — Amendments of Part 4 of FA 2004 (pension schemes etc)

Omit paragraph 11A (transitional 2013/14 lump sum) and the italic heading before it.

Sch 9 para 34 — Amendments of Part 4 of FA 2004 (pension schemes etc)

In the italic heading before paragraph 12 omit “of Part 1”.

Sch 9 para 35 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 35(1)

Paragraph 12 (interpretation) is amended as follows.

Sch 9 para 35(2)

Omit sub-paragraphs (1A) to (4).

Sch 9 para 35(3)

In sub-paragraph (5), for “4A(2)” substitute “3C(2)”.

Sch 9 para 36 — Amendments of Part 4 of FA 2004 (pension schemes etc)

After paragraph 12 insert—

Sch 9 para 37 — Amendments of Part 4 of FA 2004 (pension schemes etc)
Sch 9 para 37(1)

In paragraph 13 (defined benefits lump sum death benefit) sub-paragraph (1)(d) is amended as follows.

Sch 9 para 37(2)

After “pension protection lump sum death benefit,” insert “or”.

Sch 9 para 37(3)

Omit “or winding-up lump sum death benefit.”

Sch 9 para 38 — Amendments of Part 9 of ITEPA 2003

Part 9 of ITEPA 2003 (pension income) is amended as follows.

Sch 9 para 39 — Amendments of Part 9 of ITEPA 2003

In section 565 (structure of Part 9), for the paragraph relating to Chapter 15A substitute—

Sch 9 para 40 — Amendments of Part 9 of ITEPA 2003
Sch 9 para 40(1)

Section 566 (nature of charge to tax on pension income and relevant definitions) is amended as follows.

Sch 9 para 40(2)

In subsection (3), for “16” substitute “15A”.

Sch 9 para 40(3)

In the table in subsection (4)—

Sch 9 para 40(3)(a)

after the entry for section 633 insert—

Sch 9 para 40(3)(b)

in the entry for section 636B, in the first column, for “636B” substitute “637G”.

Sch 9 para 40(3)(c)

in the entry for section 636C—

Sch 9 para 40(3)(c)(i)

in the first column, for “636C” substitute “637N”;

Sch 9 para 40(3)(c)(ii)

in the second column omit “and winding-up lump sum death benefits”.

Sch 9 para 41 — Amendments of Part 9 of ITEPA 2003

For Chapter 15A substitute—

Sch 9 para 42 — Amendments of the Registered Pension Schemes (Authorised Payments) Regulations 2009
Sch 9 para 42(1)

The Registered Pension Schemes (Authorised Payments) Regulations 2009 (S.I. 2009/1171) are amended as follows.

Sch 9 para 42(2)

Omit regulation 3A (which relates to payments made before 6 April 2015 and is therefore no longer of practical utility).

Sch 9 para 42(3)

In regulation 7 (meaning of “relevant accretion”) omit paragraphs (3) and (3A).

Sch 9 para 42(4)

In regulation 16 (payments of arrears of pension after death) omit paragraphs (5) and (6).

Sch 9 para 42(5)

In regulation 17 (pension commencement lump sums based on pension errors) omit paragraphs (4) and (5).

Sch 9 para 42(6)

In regulation 18 (pension commencement lump sums paid in error: money purchase arrangements) omit paragraphs (4) and (5).

Sch 9 para 42(7)

In regulation 19 (pension commencement lump sums paid after death) omit paragraphs (2) and (3).

Sch 9 para 42(8)

In regulation 20 (part refund payments relating to short service), in paragraph (1) for sub-paragraph (b) substitute— .

Sch 9

Non-UK schemes

Sch 9 para 43 — Amendments of Part 4 of FA 2004

Part 4 of FA 2004 (pension schemes etc) is amended as follows.

Sch 9 para 44 — Amendments of Part 4 of FA 2004

In section 244 (non-UK schemes: application of certain charges), after “under this Part” insert “, and under Part 9 of ITEPA 2003 (pension income),”.

Sch 9 para 45 — Amendments of Part 4 of FA 2004

For section 244A (overseas transfer charge) substitute—

Sch 9 para 46 — Amendments of Part 4 of FA 2004
Sch 9 para 46(1)

Section 244B (exclusion: member and receiving scheme in same country) is amended as follows.

Sch 9 para 46(2)

In subsection (1)—

Sch 9 para 46(2)(a)

in the words before paragraph (a)—

Sch 9 para 46(2)(a)(i)

after “recognised transfer to a QROPS” insert “or a relieved relevant non-UK scheme transfer”;

Sch 9 para 46(2)(a)(ii)

after “overseas transfer charge” insert “under section 244AC”;

Sch 9 para 46(2)(b)

in paragraph (a), after “the QROPS” insert “to which the transfer is made”;

Sch 9 para 46(2)(c)

in paragraph (b), in sub-paragraph (i), after “recognised transfer” insert “or relieved relevant non-UK scheme transfer”.

Sch 9 para 46(3)

In subsection (3), in the words before paragraph (a), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 47 — Amendments of Part 4 of FA 2004
Sch 9 para 47(1)

Section 244C (exclusion: receiving scheme in EEA state or Gibraltar, and member resident in UK or EEA state) is amended as follows.

Sch 9 para 47(2)

In subsection (2)—

Sch 9 para 47(2)(a)

in the words before paragraph (a)—

Sch 9 para 47(2)(a)(i)

after “recognised transfer” insert “or a relieved relevant non-UK scheme transfer”;

Sch 9 para 47(2)(a)(ii)

after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 47(2)(b)

in paragraph (b), in sub-paragraph (i), after “recognised transfer” insert “or relieved relevant non-UK scheme transfer”.

Sch 9 para 47(3)

In subsection (3), in the words before paragraph (a), after “recognised transfer” insert “or relieved relevant non-UK scheme transfer”.

Sch 9 para 47(4)

In subsection (4), in the words before paragraph (a), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 48 — Amendments of Part 4 of FA 2004

In section 244D (exclusion: receiving scheme is an occupational pension scheme), in the words before paragraph (a), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 49 — Amendments of Part 4 of FA 2004

In section 244E (exclusion: receiving scheme set up by international organisation), in subsection (1), in the words before paragraph (a), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 50 — Amendments of Part 4 of FA 2004

In section 244F (exclusion: receiving scheme is an overseas public service scheme), in subsection (1), in the words before paragraph (a), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 51 — Amendments of Part 4 of FA 2004
Sch 9 para 51(1)

Section 244G (exclusions: avoidance of double charge, and transitional protections) is amended as follows.

Sch 9 para 51(2)

In subsection (2), in the words before paragraph (a), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 51(3)

In subsection (3), after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 51(4)

After subsection (4) insert—

Sch 9 para 52 — Amendments of Part 4 of FA 2004

In section 244H (power to provide for further exclusions)—

Sch 9 para 52(a)

for “or an onward transfer,” substitute “a relieved relevant non-UK scheme transfer or an onward transfer”;

Sch 9 para 52(b)

after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 53 — Amendments of Part 4 of FA 2004

In section 244I (circumstances in which exclusions do not apply), in subsection (1)—

Sch 9 para 53(a)

for “or an onward transfer,” substitute “a relieved relevant non-UK scheme transfer or an onward transfer”;

Sch 9 para 53(b)

after “overseas transfer charge” insert “under section 244AC”.

Sch 9 para 54 — Amendments of Part 4 of FA 2004

After section 244I insert—

Sch 9 para 55 — Amendments of Part 4 of FA 2004
Sch 9 para 55(1)

Section 244J (persons liable to charge) is amended as follows.

Sch 9 para 55(2)

After subsection (1) insert—

Sch 9 para 55(3)

In subsection (4), in the words before paragraph (a), for “transfer” substitute “recognised transfer to a QROPS or an onward transfer”.

Sch 9 para 56 — Amendments of Part 4 of FA 2004

After section 244J insert—

Sch 9 para 57 — Amendments of Part 4 of FA 2004
Sch 9 para 57(1)

Section 244K (amount of charge) is amended as follows.

Sch 9 para 57(2)

For the heading substitute “Meaning of “transferred value””.

Sch 9 para 57(3)

For subsection (1) substitute—

Sch 9 para 57(4)

In subsection (2), in the words after paragraph (b), for “(5)” substitute “(6)”.

Sch 9 para 57(5)

In subsection (3), in the words after paragraph (b), for “(5)” substitute “(6)”.

Sch 9 para 57(6)

After subsection (3) insert—

Sch 9 para 57(7)

In subsection (4), in the words after paragraph (b), for “(5)” substitute “(6)”.

Sch 9 para 57(8)

Omit subsections (5) and (10).

Sch 9 para 58 — Amendments of Part 4 of FA 2004

In section 244M (repayments of charge on subsequent excluding events), in subsection (1), in paragraph (a), for “overseas transfer charge” substitute “the overseas transfer charge under section 244AC”.

Sch 9 para 59 — Amendments of Part 4 of FA 2004
Sch 9 para 59(1)

Schedule 33 (overseas pension schemes: migrant member relief) is amended as follows.

Sch 9 para 59(2)

In paragraph 4 (meaning of “relevant migrant member”)—

Sch 9 para 59(2)(a)

in sub-paragraph (1)(d), after “events that are” insert “relevant”;

Sch 9 para 59(2)(b)

after sub-paragraph (3) insert—

Sch 9 para 59(3)

In paragraph 5 (meaning of “qualifying” overseas pension scheme)—

Sch 9 para 59(3)(a)

in sub-paragraph (2), for “events that are benefit crystallisation” substitute “relevant”;

Sch 9 para 59(3)(b)

for sub-paragraph (2A) substitute— ;

Sch 9 para 59(3)(c)

after sub-paragraph (5) insert—

Sch 9 para 60 — Amendments of Part 4 of FA 2004
Sch 9 para 60(1)

Schedule 34 (non-UK schemes: application of certain charges) is amended as follows.

Sch 9 para 60(2)

In paragraph 1 (member payment charges)—

Sch 9 para 60(2)(a)

in sub-paragraph (3), at the end of paragraph (d) insert “and”;

Sch 9 para 60(2)(b)

in sub-paragraph (3), for paragraphs (da), (db) and (e) substitute— ;

Sch 9 para 60(2)(c)

in sub-paragraph (4), for paragraph (b) substitute—

Sch 9 para 60(3)

After paragraph 5 insert—

Sch 9 para 60(4)

Omit paragraphs 13 to 19 (lifetime allowance charge).

Sch 9 para 61 — Amendments of Chapter 4 of Part 9 of ITEPA 2003
Sch 9 para 61(1)

In Chapter 4 of Part 9 of ITEPA 2003 (foreign pensions), section 574A (“pension”: relevant lump sums) is amended as follows.

Sch 9 para 61(2)

After subsection (2) insert—

Sch 9 para 61(3)

In subsection (3), in Step 3—

Sch 9 para 61(3)(a)

in paragraph (a) for “section 636B(3)” substitute “section 637G(2)”;

Sch 9 para 61(3)(b)

in paragraph (b), for “all or part of the member’s lifetime allowance is available” substitute “all of the member’s lump sum allowance is available”.

Sch 9 para 62 — Amendments of the Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006
Sch 9 para 62(1)

The Pension Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 (S.I. 2006/207) are amended as follows.

Sch 9 para 62(2)

In regulation 1(2) (interpretation) omit the definition of “benefit crystallisation event 8”.

Sch 9 para 62(3)

In regulation 3 (computation of a member’s relevant transfer fund)—

Sch 9 para 62(3)(a)

the existing text becomes paragraph (1);

Sch 9 para 62(3)(b)

in sub-paragraph (a) of that paragraph—

Sch 9 para 62(3)(b)(i)

omit “by virtue of benefit crystallisation event 8”;

Sch 9 para 62(3)(b)(ii)

after “registered” insert “pension”;

Sch 9 para 62(3)(c)

after that paragraph insert—

Sch 9 para 62(4)

In regulation 3A (computation of a member’s taxable asset transfer fund)—

Sch 9 para 62(4)(a)

in paragraph (1)(a) omit “by virtue of benefit crystallisation event 8”;

Sch 9 para 62(4)(b)

after paragraph (2) insert—

Sch 9 para 62(5)

In regulation 4ZB (payment and crystallisation valuation), in paragraph (9), for “paragraph 3(7C) of Schedule 29” substitute “section 278B”.

Sch 9 para 62(6)

In regulation 15 (modification of Schedule 29 (authorised lump sums: definitions etc))—

Sch 9 para 62(6)(a)

after paragraph (1) insert— ;

Sch 9 para 62(6)(b)

omit paragraphs (2) to (10).

Sch 9 para 62(7)

In regulation 17 (modification of Schedule 34 (non-UK schemes: application of certain charges)), in the inserted paragraph 19A (Revenue and Customs discretion)—

Sch 9 para 62(7)(a)

in sub-paragraph (1)—

Sch 9 para 62(7)(a)(i)

at the end of paragraph (a)(ii) insert “and”;

Sch 9 para 62(7)(a)(ii)

omit paragraph (c) and the “and” before it;

Sch 9 para 62(7)(b)

in sub-paragraph (3)(b), for “to (c)” substitute “and (b)”;

Sch 9 para 62(7)(c)

in sub-paragraph (4)(b), for “by” the first time it occurs substitute “be”.

Sch 9 para 62(8)

For regulation 18 (modification of section 636A(1B) (taxation of uncrystallised funds pension lump sum paid to member who is 75 or over)) substitute—

Sch 9

Transitional protections

Sch 9 para 63 — Amendments of Schedule 29 to FA 2004
Sch 9 para 63(1)

In Schedule 29 to FA 2004 (registered pension schemes: authorised lump sums: supplementary), paragraph 4A (uncrystallised funds pension lump sum) is amended as follows.

Sch 9 para 63(2)

In sub-paragraph (1)—

Sch 9 para 63(2)(a)

at the end of paragraph (e) insert “and”;

Sch 9 para 63(2)(b)

omit the “and” at the end of paragraph (f);

Sch 9 para 63(2)(c)

omit paragraph (g).

Sch 9 para 63(3)

Omit sub-paragraphs (3) to (6).

Sch 9 para 63(4)

At the end insert—

Sch 9 para 64 — Amendments of Schedule 34 to FA 2004
Sch 9 para 64(1)

Schedule 34 to FA 2004 (non-UK schemes: application of certain charges) is amended as follows.

Sch 9 para 64(2)

In the heading, at the end insert “and protections etc”.

Sch 9 para 64(3)

After paragraph 12 (application of annual allowance provisions) insert—

Sch 9 para 65 — Amendments of Part 2 of Schedule 36 to FA 2004

Part 2 of Schedule 36 to FA 2004 (transitional provision and saving: pre-commencement rights: lifetime allowance charge) is amended as follows.

Sch 9 para 66 — Amendments of Part 2 of Schedule 36 to FA 2004

In the heading, for “lifetime allowance charge” substitute “enhancement of allowances etc”.

Sch 9 para 67 — Amendments of Part 2 of Schedule 36 to FA 2004

Before paragraph 7 and the italic heading before it insert—

Sch 9 para 68 — Amendments of Part 2 of Schedule 36 to FA 2004

For paragraph 7 (primary protection) substitute—

Sch 9 para 69 — Amendments of Part 2 of Schedule 36 to FA 2004
Sch 9 para 69(1)

Paragraph 11 (primary protection: pension debit on or after 6th April 2006) is amended as follows.

Sch 9 para 69(2)

In sub-paragraph (1)(a), for “makes provision for the operation of a lifetime allowance enhancement factor” substitute “applies”.

Sch 9 para 69(3)

In sub-paragraphs (2) and (3), for “paragraph 7(3)” substitute “paragraph 7(5)”.

Sch 9 para 69(4)

In sub-paragraph (4), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 69(5)

After that sub-paragraph insert—

Sch 9 para 70 — Amendments of Part 2 of Schedule 36 to FA 2004
Sch 9 para 70(1)

Paragraph 11A (primary protection: pension debit on or after 6th April 2006: lump sum death benefits) is amended as follows.

Sch 9 para 70(2)

In sub-paragraph (1)(a), for “makes provision for the operation of a lifetime allowance enhancement factor” substitute “applies”.

Sch 9 para 70(3)

In paragraphs (a) and (b) of sub-paragraph (4), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 70(4)

After that sub-paragraph insert—

Sch 9 para 71 — Amendments of Part 2 of Schedule 36 to FA 2004
Sch 9 para 71(1)

Paragraph 12 (enhanced protection) is amended as follows.

Sch 9 para 71(2)

For sub-paragraph (3) substitute—

Sch 9 para 72 — Amendments of Part 2 of Schedule 36 to FA 2004

In paragraph 13 (enhanced protection: relevant benefit accrual), in sub-paragraph (b), for “a benefit crystallisation event or” substitute “the individual becomes entitled to any pension or lump sum or a”.

Sch 9 para 73 — Amendments of Part 2 of Schedule 36 to FA 2004
Sch 9 para 73(1)

Paragraph 15 (enhanced protection: relevant benefit accrual: interpretation) is amended as follows.

Sch 9 para 73(2)

In sub-paragraph (2), in the words before paragraph (a)—

Sch 9 para 73(2)(a)

after “relevant event is a” insert “relevant”;

Sch 9 para 73(2)(b)

omit “which is not a benefit crystallisation event”.

Sch 9 para 73(3)

After sub-paragraph (2) insert—

Sch 9 para 74 — Amendments of Part 2 of Schedule 36 to FA 2004

In paragraph 16 (post-commencement earnings limit), in subsection (3), for the words from “7.5%” to the end substitute “£135,000.”

Sch 9 para 75 — Amendments of Part 2 of Schedule 36 to FA 2004

For paragraph 18 (pre-commencement pension credits) substitute—

Sch 9 para 76 — Amendments of Part 2 of Schedule 36 to FA 2004
Sch 9 para 76(1)

Paragraph 19 (individuals permitted to take pension before normal minimum pension age) is amended as follows.

Sch 9 para 76(2)

In sub-paragraph (1), in the words before paragraph (a), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 76(3)

After that paragraph insert—

Sch 9 para 76(4)

For sub-paragraph (2) substitute—

Sch 9 para 76(5)

In sub-paragraphs (3) and (4), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 76(6)

Omit sub-paragraphs (5) and (6).

Sch 9 para 76(7)

At the end insert—

Sch 9 para 77 — Amendments of Part 2 of Schedule 36 to FA 2004
Sch 9 para 77(1)

Paragraph 20 (pre-commencement pensions) is amended as follows.

Sch 9 para 77(2)

In sub-paragraph (1)—

Sch 9 para 77(2)(a)

the words from “has an actual (rather than a prospective) right” to the end become paragraph (a);

Sch 9 para 77(2)(b)

after that paragraph insert

Sch 9 para 77(3)

After sub-paragraph (1) insert—

Sch 9 para 77(4)

In sub-paragraph (2)—

Sch 9 para 77(4)(a)

in the words before paragraph (a)—

Sch 9 para 77(4)(a)(i)

for “Section 219 (availability of individual’s lifetime allowance)” substitute “Section 637S of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance)”;

Sch 9 para 77(4)(a)(ii)

for “benefit crystallisation event” substitute “relevant benefit crystallisation event”;

Sch 9 para 77(4)(b)

in paragraph (a), for “benefit crystallisation event” substitute “relevant benefit crystallisation event within the meaning of that section”;

Sch 9 para 77(4)(c)

in paragraph (b)—

Sch 9 para 77(4)(c)(i)

for “amount crystallised was” substitute “amount of the lump sum or lump sum death benefit to which the relevant benefit crystallisation event relates was 25% of”;

Sch 9 para 77(4)(c)(ii)

for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 78 — Amendments of Part 2 of Schedule 36 to FA 2004

After paragraph 20 insert—

Sch 9 para 79 — Amendments of Part 3 of Schedule 36 to FA 2004

Part 3 of Schedule 36 to FA 2004 (transitional provision and saving: pre-commencement benefit rights) is amended as follows.

Sch 9 para 80 — Amendments of Part 3 of Schedule 36 to FA 2004

Omit paragraph 23A (pre-commencement benefit rights: lump sums before normal minimum pension age) and the italic heading before it.

Sch 9 para 81 — Amendments of Part 3 of Schedule 36 to FA 2004
Sch 9 para 81(1)

In paragraph 24 (pre-commencement benefit rights: lump sum rights exceeding £375,000: primary and enhanced protection), sub-paragraph (1) is amended as follows.

Sch 9 para 81(2)

In paragraph (a), after “Schedule 29” insert “and paragraph 12 of this Schedule”.

Sch 9 para 81(3)

For paragraph (b) substitute— .

Sch 9 para 82 — Amendments of Part 3 of Schedule 36 to FA 2004

For paragraph 27 (pre-commencement benefit rights: enhanced protection: permitted maximum) substitute—

Sch 9 para 83 — Amendments of Part 3 of Schedule 36 to FA 2004
Sch 9 para 83(1)

Paragraph 28 (pre-commencement benefit rights: no enhanced protection: permitted maximum) is amended as follows.

Sch 9 para 83(2)

In sub-paragraph (1) omit “paragraph 2 of”.

Sch 9 para 83(3)

In sub-paragraph (2), after “paragraph 2” insert “of Schedule 29”.

Sch 9 para 83(4)

For sub-paragraph (3) substitute—

Sch 9 para 84 — Amendments of Part 3 of Schedule 36 to FA 2004

For paragraph 29 (pre-commencement benefit rights: enhanced protection: applicable amount) substitute—

Sch 9 para 85 — Amendments of Part 3 of Schedule 36 to FA 2004

After paragraph 29 (substituted by paragraph 84) insert—

Sch 9 para 86 — Amendments of Part 3 of Schedule 36 to FA 2004

Omit paragraph 30 (pre-commencement benefit rights: exemption for pension commencement lump sum exceeding permitted maximum from being scheme chargeable).

Sch 9 para 87 — Amendments of Part 3 of Schedule 36 to FA 2004

For paragraph 34 (pre-commencement benefit rights: application of Schedule 29 to FA 2004 where paragraph 31 applies) substitute—

Sch 9 para 88 — Amendments of Part 3 of Schedule 36 to FA 2004

Omit paragraph 35 (pre-commencement benefit rights: winding-up lump sums paid by former approved superannuation funds) and the italic heading before it.

Sch 9 para 89 — Amendment of Part 4 of Schedule 36 to FA 2004

In Part 4 of Schedule 36 to FA 2004 (transitional provisions and savings: other provisions), in paragraph 51 (individuals with pre-commencement entitlement to corresponding relief), in sub-paragraph (4), for “events that are benefit crystallisation events in relation to the individual” substitute “an event that is the individual becoming entitled to a benefit under a pension scheme”.

Sch 9 para 90 — Amendments of Schedule 18 to FA 2011
Sch 9 para 90(1)

In Schedule 18 to FA 2011 (lifetime allowance charge), in Part 2 (commencement and transitional provision), paragraph 14 (fixed protection) is amended as follows.

Sch 9 para 90(2)

In sub-paragraph (1)(b), for “make provision for a lifetime allowance enhancement factor” substitute “apply on that date”.

Sch 9 para 90(3)

In sub-paragraph (1A)(b), for “make provision for a lifetime allowance enhancement factor” substitute “apply on that date”.

Sch 9 para 90(4)

For sub-paragraph (3) substitute—

Sch 9 para 91 — Amendments of Schedule 22 to FA 2013
Sch 9 para 91(1)

In Schedule 22 to FA 2013 (transitional provision relating to reduction in standard lifetime allowance etc), in Part 1 (“fixed protection 2014”), paragraph 1 is amended as follows.

Sch 9 para 91(2)

In sub-paragraph (1)(b), for “make provision for a lifetime allowance enhancement factor” substitute “apply on that date”.

Sch 9 para 91(3)

For sub-paragraph (2) substitute—

Sch 9 para 92 — Amendments of Schedule 6 to FA 2014
Sch 9 para 92(1)

In Schedule 6 to FA 2014 (transitional provision relating to new standard lifetime allowance for the tax year 2014-15 etc), in Part 1 (“individual protection 2014”), paragraph 1 (the protection) is amended as follows.

Sch 9 para 92(2)

In sub-paragraph (1)(c), for “make provision for a lifetime allowance enhancement factor” substitute “apply on that date”.

Sch 9 para 92(3)

For sub-paragraph (2) substitute—

Sch 9 para 93 — Amendments of Schedule 4 to FA 2016
Sch 9 para 93(1)

Schedule 4 to FA 2016 (pensions: lifetime allowance: transitional provision) is amended as follows is amended as follows.

Sch 9 para 93(2)

In the heading, for “lifetime allowance” substitute “lump sum allowance and lump sum and death benefit allowance”.

Sch 9 para 93(3)

In Part 1 (“fixed protection 2016”)—

Sch 9 para 93(3)(a)

in paragraph 1 (the protection), for sub-paragraph (2) substitute— ;

Sch 9 para 93(3)(b)

in paragraph 2 (the initial conditions), in paragraph (b), for “make provision for a lifetime allowance enhancement factor” substitute “apply on 6 April 2016”.

Sch 9 para 93(4)

In Part 2 (“individual protection 2016”), in paragraph 9 (the protection)—

Sch 9 para 93(4)(a)

in sub-paragraph (1)(c), for “make provision for a lifetime allowance enhancement factor” substitute “apply on 6 April 2016”;

Sch 9 para 93(4)(b)

for sub-paragraph (2) substitute—

Sch 9 para 93(5)

In Part 3 (reference numbers etc), in paragraph 14 (issuing of reference numbers for fixed or individual protection 2016), in sub-paragraph (3)(b), at the end insert “but before 6 April 2025”.

Sch 9 para 94 — Amendments of the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006
Sch 9 para 94(1)

The Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (S.I. 2006/131) are amended as follows.

Sch 9 para 94(2)

In the title, for “Lifetime Allowance” substitute “Allowances”.

Sch 9 para 94(3)

In regulation 1 (citation and commencement), for “Lifetime Allowance” substitute “Allowances”.

Sch 9 para 94(4)

In regulation 2(1) (interpretation)—

Sch 9 para 94(4)(a)

for the entry for “relevant lump sum death benefit” substitute— ;

Sch 9 para 94(4)(b)

in the appropriate places insert— .

Sch 9 para 94(5)

In regulation 3 (reliance on paragraph 7 of Schedule 36 (lifetime allowance enhancement: “primary protection”)), in the heading, for “lifetime allowance enhancement” substitute “enhancement of allowances”.

Sch 9 para 94(6)

In regulation 3A (reliance on paragraph 11A of Schedule 36 (lifetime allowance enhancement: “primary protection”: taking account of death benefit))—

Sch 9 para 94(6)(a)

in the heading, for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 94(6)(b)

in paragraph (6), for “section 217(2)” substitute “section 579C of ITEPA 2003”.

Sch 9 para 94(7)

In regulation 4 (reliance on paragraph 12 of Schedule 36 (lifetime allowances: “enhanced protection”)), in the heading, for “lifetime allowances” substitute “enhancement of allowances”.

Sch 9 para 94(8)

In regulation 4A (reliance on paragraph 15A of Schedule 36 (lifetime allowances: “enhanced protection”: taking account of death benefit))—

Sch 9 para 94(8)(a)

in the heading, for “lifetime allowances” substitute “enhancement of allowances”;

Sch 9 para 94(8)(b)

in paragraph (6), for “section 217(2)” substitute “section 579C of ITEPA 2003”.

Sch 9 para 94(9)

In regulation 5 (reliance on paragraph 18 of Schedule 36 (lifetime allowance enhancement: pre-commencement pension credits)—

Sch 9 para 94(9)(a)

in the heading, for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 94(9)(b)

in paragraph (1)—

Sch 9 para 94(9)(b)(i)

for “benefit crystallisation event” substitute “relevant benefit crystallisation event”;

Sch 9 para 94(9)(b)(ii)

for “paragraph 18(1)” substitute “paragraph 18(1)(a)”.

Sch 9 para 94(10)

In regulation 6 (reliance on section 220 (lifetime allowance enhancement: registration of pension credits))—

Sch 9 para 94(10)(a)

in the heading—

Sch 9 para 94(10)(a)(i)

for “section 220” substitute “paragraph 20A of Schedule 36”;

Sch 9 para 94(10)(a)(ii)

for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 94(10)(b)

in paragraph (1), for “section 220(1)” substitute “paragraph 20A(1) of Schedule 36”;

Sch 9 para 94(10)(c)

in paragraph (2), for “section 220” substitute “paragraph 20A of Schedule 36”;

Sch 9 para 94(10)(d)

in paragraph (3), for “section 220” substitute “paragraph 20A of Schedule 36”;

Sch 9 para 94(10)(e)

after paragraph (3) insert— ;

Sch 9 para 94(10)(f)

in paragraph (4)—

Sch 9 para 94(10)(f)(i)

in the words before the first rule, for “closing date” substitute “relevant date”;

Sch 9 para 94(10)(f)(ii)

in the words after the second rule, for “closing date” substitute “relevant date”;

Sch 9 para 94(10)(g)

in paragraph (6), in the words before sub-paragraph (a), for “section 220” substitute “paragraph 20A of Schedule 36”;

Sch 9 para 94(10)(h)

in paragraph (8), in the words before sub-paragraph (a), for “section 220” substitute “paragraph 20A of Schedule 36”.

Sch 9 para 94(11)

In regulation 7 (reliance on section 221 (lifetime allowance enhancement: relevant overseas individuals))—

Sch 9 para 94(11)(a)

in the heading—

Sch 9 para 94(11)(a)(i)

for “section 221” substitute “paragraph 20B of Schedule 36”;

Sch 9 para 94(11)(a)(ii)

for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 94(11)(b)

in paragraph (2), for “section 221” substitute “paragraph 20B of Schedule 36”;

Sch 9 para 94(11)(c)

in paragraph (3), for “section 221” substitute “paragraph 20B of Schedule 36”;

Sch 9 para 94(11)(d)

after paragraph (3) insert— ;

Sch 9 para 94(11)(e)

in paragraph (4)—

Sch 9 para 94(11)(e)(i)

in the words before the first rule, for “closing date” substitute “relevant date”;

Sch 9 para 94(11)(e)(ii)

in the words after the second rule, for “closing date” substitute “relevant date”;

Sch 9 para 94(11)(f)

in paragraph (6), in the words before sub-paragraph (a), for “section 221” substitute “paragraph 20B of Schedule 36”;

Sch 9 para 94(11)(g)

in paragraph (8), in the words before sub-paragraph (a), for “section 221” substitute “paragraph 20B of Schedule 36”.

Sch 9 para 94(12)

In regulation 8 (reliance on section 224 (lifetime allowance enhancement: transfer from recognised overseas pension scheme))—

Sch 9 para 94(12)(a)

in the heading—

Sch 9 para 94(12)(a)(i)

for “section 224” substitute “paragraph 20E of Schedule 36”;

Sch 9 para 94(12)(a)(ii)

for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 94(12)(b)

in paragraph (1), for “section 224(1)” substitute “paragraph 20E(1)”;

Sch 9 para 94(12)(c)

in paragraph (2), for “section 224” substitute “paragraph 20E of Schedule 36”;

Sch 9 para 94(12)(d)

in paragraph (3), for “section 224” substitute “paragraph 20E of Schedule 36”;

Sch 9 para 94(12)(e)

after paragraph (3) insert— ;

Sch 9 para 94(12)(f)

in paragraph (4)—

Sch 9 para 94(12)(f)(i)

in the words before the first rule, for “closing date” substitute “relevant date”;

Sch 9 para 94(12)(f)(ii)

in the words after the second rule, for “closing date” substitute “relevant date”;

Sch 9 para 94(12)(g)

in paragraph (6), in the words before sub-paragraph (a), for “section 224” substitute “paragraph 20E of Schedule 36”;

Sch 9 para 94(12)(h)

in paragraph (8), in the words before sub-paragraph (a), for “section 224” substitute “paragraph 20E of Schedule 36”.

Sch 9 para 94(13)

In regulation 15 (certificates: general), in paragraph (3), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 95 — Amendments of the Taxation of Pension Schemes (Transitional Provisions) Order 2006
Sch 9 para 95(1)

The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572) is amended as follows.

Sch 9 para 95(2)

In article 25A (conditions to be met by stand-alone lump sums), in paragraph (3), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 95(3)

In article 25B (circumstances in which stand-alone lump sums are paid), in paragraph (2), for “paragraph 2 of Schedule 29” substitute “Chapter 15A of Part 9 of ITEPA 2003”.

Sch 9 para 95(4)

In article 25C (payment of stand-alone lump sums: tax consequences), for paragraphs (2) and (3A) substitute—

Sch 9 para 95(5)

After article 25C insert—

Sch 9 para 95(6)

In article 25D (stand-alone lump sums: further provisions)—

Sch 9 para 95(6)(a)

in paragraph (2)—

Sch 9 para 95(6)(a)(i)

for “VULSR — APCLS” substitute “A — B”;

Sch 9 para 95(6)(a)(ii)

omit the words from “, in the modified sub-paragraph (6)” to the end;

Sch 9 para 95(6)(b)

in paragraph (3), for “in the modified sub-paragraph (6) of paragraph 2 of Schedule 29, the term “APCLS”” substitute “the term “B””.

Sch 9 para 96 — Amendments of the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011
Sch 9 para 96(1)

The Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011 (S.I. 2011/1752) are amended as follows.

Sch 9 para 96(2)

In the title, for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 96(3)

In regulation 1 (citation and commencement), for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 96(4)

In regulation 4 (the paragraph 14 notice), in paragraph (1)(c), for “make provision for a lifetime allowance enhancement factor” substitute “apply”.

Sch 9 para 96(5)

In regulation 13 (preservation of documents), in paragraph (1), for “benefit crystallisation event” substitute “relevant benefit crystallisation event within the meaning of section 637S of ITEPA 2003”.

Sch 9 para 97 — Amendments of the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013
Sch 9 para 97(1)

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013 (S.I. 2013/1741) are amended as follows.

Sch 9 para 97(2)

In the title, for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 97(3)

In regulation 1 (citation and commencement), for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 97(4)

In regulation 4 (the paragraph 1 notice), in paragraph (1)—

Sch 9 para 97(4)(a)

in sub-paragraph (c), for “make provision for a lifetime allowance enhancement factor” substitute “apply”;

Sch 9 para 97(4)(b)

in sub-paragraph (e), for “(transitional provision relating to new standard lifetime allowance for the tax year 2012-13)” substitute “(fixed protection)”.

Sch 9 para 97(5)

In regulation 13 (preservation of documents), in paragraph (1), for “benefit crystallisation event” substitute “relevant benefit crystallisation event within the meaning of section 637S of ITEPA 2003”.

Sch 9 para 98 — Amendments of the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014
Sch 9 para 98(1)

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014 (S.I. 2014/1842) are amended as follows.

Sch 9 para 98(2)

In the title, for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 98(3)

In regulation 1 (citation and commencement), for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 98(4)

In regulation 4 (the paragraph 1 notice), in paragraph (1), in sub-paragraph (f), for “make provision for a lifetime allowance enhancement factor” substitute “apply”.

Sch 9 para 98(5)

In regulation 13 (preservation of documents), in paragraph (2), for “benefit crystallisation event” substitute “relevant benefit crystallisation event within the meaning of section 637S of ITEPA 2003”.

Sch 9

Provision of information

Sch 9 para 99 — Amendments of Part 4 of FA 2004

Part 4 of FA 2004 (pension schemes etc) is amended as follows.

Sch 9 para 100 — Amendments of Part 4 of FA 2004
Sch 9 para 100(1)

Section 256 (enhanced lifetime allowance regulations) is amended as follows.

Sch 9 para 100(2)

In the heading omit “lifetime”.

Sch 9 para 100(3)

In subsection (1)—

Sch 9 para 100(3)(a)

omit paragraphs (a) to (c);

Sch 9 para 100(3)(b)

in paragraph (d), for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 100(3)(c)

in paragraph (e)—

Sch 9 para 100(3)(c)(i)

omit “lifetime allowance”;

Sch 9 para 100(3)(c)(ii)

omit the “and” at the end;

Sch 9 para 100(3)(d)

in paragraph (f)—

Sch 9 para 100(3)(d)(i)

for “paragraph 18(6)” substitute “paragraph 18(1)(b)”;

Sch 9 para 100(3)(d)(ii)

for “lifetime allowance enhancement” substitute “enhancement of allowances”;

Sch 9 para 100(3)(e)

after paragraph (f) insert—

Sch 9 para 100(4)

In subsection (2) omit “lifetime”.

Sch 9 para 100(5)

In subsection (3)—

Sch 9 para 100(5)(a)

in the words before paragraph (a) omit “lifetime”;

Sch 9 para 100(5)(b)

omit paragraph (a).

Sch 9 para 100(6)

In subsection (4), in the words before paragraph (a) omit “lifetime”.

Sch 9 para 101 — Amendments of Part 4 of FA 2004
Sch 9 para 101(1)

Section 261 (enhanced lifetime allowance regulations: documents and information) is amended as follows.

Sch 9 para 101(2)

In the heading omit “lifetime”.

Sch 9 para 101(3)

In subsection (1)(a) omit “lifetime”.

Sch 9 para 101(4)

In subsection (2)—

Sch 9 para 101(4)(a)

in paragraph (a), for “lifetime allowance” substitute “lump sum allowance or lump sum and death benefit allowance”;

Sch 9 para 101(4)(b)

in paragraph (b), after “pension commencement lump sums” insert “or the uncrystallised funds pension lump sums”.

Sch 9 para 101(5)

In subsection (4), in the words before paragraph (a)—

Sch 9 para 101(5)(a)

for “lifetime allowance” substitute “lump sum and death benefit allowance”;

Sch 9 para 101(5)(b)

for the words “whichever is the higher of” to the end of paragraph (b) substitute “the actual amount of the individual’s lump sum and death benefit allowance at that time.”

Sch 9 para 101(6)

In subsection (5)(a)—

Sch 9 para 101(6)(a)

for “a benefit crystallisation event” substitute “a relevant benefit crystallisation event within the meaning of section 637S of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance)”;

Sch 9 para 101(6)(b)

for “the benefit crystallisation event” substitute “the relevant benefit crystallisation event”.

Sch 9 para 101(7)

In subsection (6), in paragraphs (a) and (b), after “pension commencement lump sums” insert “or the uncrystallised funds pension lump sums”.

Sch 9 para 102 — Amendments of Part 4 of FA 2004
Sch 9 para 102(1)

Section 262 (enhanced lifetime allowance regulations: failures to comply) is amended as follows.

Sch 9 para 102(2)

In the heading omit “lifetime”.

Sch 9 para 102(3)

In paragraphs (a), (b) and (c) omit “lifetime”.

Sch 9 para 103 — Amendments of Part 4 of FA 2004
Sch 9 para 103(1)

Section 263 (lifetime allowance enhanced protection: benefit accrual) is amended as follows.

Sch 9 para 103(2)

In the heading omit “Lifetime allowance”.

Sch 9 para 103(3)

In subsection (1)(a), for “lifetime allowance charge” substitute “enhancement of allowances”.

Sch 9 para 104 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

The Registered Pension Schemes (Provision of Information) Regulations 2006 (S.I. 2006/567) are amended as follows.

Sch 9 para 105 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

In regulation 2 (interpretation), in paragraph (1)—

Sch 9 para 105(a)

at the appropriate places insert—

Sch 9 para 105(b)

in the definition of “relevant lump sum death benefit”, for the words from “means” to the end substitute “has the meaning given by section 637S(2)(c) of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance)”.

Sch 9 para 106 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 106(1)

In regulation 3 (provision of information by scheme administrator to the Commissioners for His Majesty’s Revenue and Customs), in paragraph (1), the Table is amended as follows.

Sch 9 para 106(2)

Omit the entries for the following reportable events—

Sch 9 para 106(2)(a)

payments exceeding 50% of standard lifetime allowance;

Sch 9 para 106(2)(b)

benefit crystallisation events and non-standard lifetime allowances;

Sch 9 para 106(2)(c)

pension commencement lump sum;

Sch 9 para 106(2)(d)

pension commencement lump sum: primary and enhanced protection provisions of Schedule 36;

Sch 9 para 106(2)(e)

stand-alone lump sum.

Sch 9 para 106(3)

At the end insert—

Sch 9 para 107 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 107(1)

Regulation 7 (percentage of standard lifetime allowance expended on the happening of a benefit crystallisation event) is amended as follows.

Sch 9 para 107(2)

For the heading substitute “Relevant benefit crystallisation events: amount of member’s allowances expended”.

Sch 9 para 107(3)

For paragraphs (1) and (2) substitute—

Sch 9 para 107(4)

In paragraph (3)(a) omit “, (2A), (2B)”.

Sch 9 para 107(5)

For paragraph (4) substitute—

Sch 9 para 107(6)

After paragraph (4) insert—

Sch 9 para 108 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 108(1)

Regulation 8 (death: provision of information by scheme administrator to personal representatives) is amended as follows.

Sch 9 para 108(2)

In paragraph (1) omit “, (2A), (2B)”.

Sch 9 para 108(3)

In paragraph (2)—

Sch 9 para 108(3)(a)

for “percentage of standard lifetime allowance” substitute “amount of the member’s lump sum and death benefit allowance”;

Sch 9 para 108(3)(b)

for “relevant lump sum death benefit” substitute “defined benefits lump sum death benefit or an uncrystallised funds lump sum death benefit”.

Sch 9 para 108(4)

Omit paragraphs (2A) and (2B).

Sch 9 para 108(5)

In paragraph (3)—

Sch 9 para 108(5)(a)

in the words before sub-paragraph (a), for “percentage of standard lifetime allowance” substitute “amount of the member’s lump sum and death benefit allowance”;

Sch 9 para 108(5)(b)

in sub-paragraph (a), in the words before paragraph (i), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”;

Sch 9 para 108(5)(c)

in sub-paragraph (b), in the words before paragraph (i), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”;

Sch 9 para 108(5)(d)

in the words after sub-paragraph (b)—

Sch 9 para 108(5)(d)(i)

for “percentage” substitute “amount”;

Sch 9 para 108(5)(d)(ii)

for “relevant lump sum death benefit” substitute “defined benefits lump sum death benefit or any uncrystallised funds lump sum death benefit”;

Sch 9 para 108(5)(d)(iii)

omit the words from “and any amount” to the end.

Sch 9 para 109 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 109(1)

Regulation 9 (death: provision of information by insurance company to personal representatives) is amended as follows.

Sch 9 para 109(2)

In paragraph (2)—

Sch 9 para 109(2)(a)

in the words before sub-paragraph (a), for “percentage of standard lifetime allowance” substitute “amount of the member’s lump sum and death benefit allowance”;

Sch 9 para 109(2)(b)

in sub-paragraph (a), in the words before paragraph (i), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”;

Sch 9 para 109(2)(c)

in sub-paragraph (b), in the words before paragraph (i), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 110 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 110(1)

Regulation 10 (death: provision of information by personal representatives to the Commissioners for His Majesty’s Revenue and Customs) is amended as follows.

Sch 9 para 110(2)

In paragraph (1), in sub-paragraph (b)—

Sch 9 para 110(2)(a)

omit “, or any benefit crystallisation event 5C or 5D,”;

Sch 9 para 110(2)(b)

for “a lifetime allowance charge” substitute “the member’s lump sum and death benefit allowance being exceeded”.

Sch 9 para 110(3)

Omit paragraphs (1A) and (1B).

Sch 9 para 110(4)

In paragraph (2)—

Sch 9 para 110(4)(a)

after paragraph (a) insert— ;

Sch 9 para 110(4)(b)

in paragraph (b), after “name” insert “, date of birth, date of death and national insurance number”;

Sch 9 para 110(4)(c)

after paragraph (b) insert— ;

Sch 9 para 110(4)(d)

in sub-paragraph (d), for “the chargeable amount in respect of which a lifetime allowance charge is payable” substitute “the amount by which the member’s lump sum and death benefit allowance is exceeded”.

Sch 9 para 110(5)

Omit paragraphs (2A) and (2B).

Sch 9 para 110(6)

In paragraphs (3) and (5) omit “, (1A) or (1B)”.

Sch 9 para 111 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 111(1)

Regulation 11 (information provided by member to scheme administrator: protections) is amended as follows.

Sch 9 para 111(2)

In the heading, for “enhanced lifetime allowance” substitute “enhanced allowances”.

Sch 9 para 111(3)

In paragraph (1)—

Sch 9 para 111(3)(a)

in the words before paragraph (a), for “the member” substitute “a member”;

Sch 9 para 111(3)(b)

in paragraph (a) omit “lifetime”;

Sch 9 para 111(3)(c)

for the words after paragraph (d) substitute “the member must give to the scheme administrator the reference number issued by or on behalf of the Commissioners under any of the provisions mentioned in paragraph (1A) in respect of that entitlement.”

Sch 9 para 111(4)

After paragraph (1) insert—

Sch 9 para 111(5)

In paragraph (2)(a), for “Lifetime Allowance” substitute “Enhanced Allowances”.

Sch 9 para 112 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

Omit regulation 11B (information provided by members to scheme administrators: pension commencement lump sums).

Sch 9 para 113 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

In regulation 11BA (information provided by members to scheme administrators: recognised transfers), in paragraph (2), after paragraph (ac) insert—

Sch 9 para 114 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

In regulation 11BB (information provided by members to scheme administrators: overseas transfers), in paragraph (1)(b)—

Sch 9 para 114(a)

in paragraph (i), for “the” substitute “an”;

Sch 9 para 114(b)

in paragraph (ii)—

Sch 9 para 114(b)(i)

for “required” substitute “excluded from the overseas transfer charge under section 244AC”;

Sch 9 para 114(b)(ii)

omit the words from “to be” to the end.

Sch 9 para 115 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

Omit regulation 12 (information about scheme administrator’s liability for a lifetime allowance charge).

Sch 9 para 116 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 116(1)

Regulation 12A (provision of information about liability for overseas transfer charge) is amended as follows.

Sch 9 para 116(2)

In the heading, at the end insert “etc”.

Sch 9 para 116(3)

In paragraph (1)—

Sch 9 para 116(3)(a)

in the words before sub-paragraph (a), for “the overseas transfer charge” substitute “an overseas transfer charge”;

Sch 9 para 116(3)(b)

for sub-paragraph (b) substitute— .

Sch 9 para 116(4)

In paragraph (2)—

Sch 9 para 116(4)(a)

in the words before sub-paragraph (a), after “the overseas transfer charge” insert “under section 244AC”;

Sch 9 para 116(4)(b)

in sub-paragraph (b), at the end insert “under section 244AC”;

Sch 9 para 116(4)(c)

after sub-paragraph (b) insert— .

Sch 9 para 116(5)

In paragraph (3), in the words before sub-paragraph (a), for “overseas transfer charge” substitute “an overseas transfer charge under section 244AC”.

Sch 9 para 117 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 117(1)

Regulation 14 (information provided to members by scheme administrators about benefit crystallisation events) is amended as follows.

Sch 9 para 117(2)

In the heading, for “benefit crystallisation events” substitute “relevant benefit crystallisation events”.

Sch 9 para 117(3)

In paragraph (1)(b), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 117(4)

In paragraph (2)(c) omit “(2A) or (2B)”.

Sch 9 para 117(5)

In paragraph (3)—

Sch 9 para 117(5)(a)

in the words before sub-paragraph (a), for “percentage of standard lifetime allowance” substitute “amount of the member’s lump sum allowance, and the amount of the member’s lump sum and death benefit allowance,”;

Sch 9 para 117(5)(b)

in sub-paragraph (a), for “benefit crystallisation events” substitute “relevant benefit crystallisation events”;

Sch 9 para 117(5)(c)

in sub-paragraph (b), in the words before paragraph (i), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 118 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

In regulation 14ZCA (further information provided by scheme administrators on recognised transfers to overseas schemes), in paragraph (2)—

Sch 9 para 118(a)

in sub-paragraph (a), for “the overseas transfer charge” substitute “an overseas transfer charge”;

Sch 9 para 118(b)

for sub-paragraph (b) substitute—

Sch 9 para 119 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 119(1)

Regulation 15 (information between scheme administrators) is amended as follows.

Sch 9 para 119(2)

In paragraph (2)—

Sch 9 para 119(2)(a)

in the words before paragraph (a), for “total percentage of the standard lifetime allowance” substitute “total amount of the member’s lump sum allowance, and the total amount of the member’s lump sum and death benefit allowance,”;

Sch 9 para 119(2)(b)

in sub-paragraph (a), for “benefit crystallisation events” substitute “relevant benefit crystallisation events”;

Sch 9 para 119(2)(c)

in sub-paragraph (b), in the words before paragraph (i), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 120 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 120(1)

Regulation 16 (pensions and annuities in payment: information provided to and by insurance companies) is amended as follows.

Sch 9 para 120(2)

In paragraph (2), for “total percentage of standard lifetime allowance” substitute “total amount of the member’s lump sum allowance, and the total amount of the member’s lump sum and death benefit allowance,”.

Sch 9 para 120(3)

In paragraph (3), for “percentage of the standard lifetime allowance” substitute “total amount of the member’s lump sum allowance, and the total amount of the member’s lump sum and death benefit allowance,”.

Sch 9 para 120(4)

In paragraph (4)(a), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”.

Sch 9 para 121 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006
Sch 9 para 121(1)

Regulation 17 (payments to insurance companies from drawdown pension funds) is amended as follows.

Sch 9 para 121(2)

In paragraph (2), for “percentage of standard lifetime allowance” substitute “amount of the member’s lump sum allowance, and the amount of the member’s lump sum and death benefit allowance,”.

Sch 9 para 121(3)

In paragraph (3)—

Sch 9 para 121(3)(a)

for “percentage of the standard lifetime allowance” substitute “amount of the member’s lump sum allowance, and the amount of the member’s lump sum and death benefit allowance,”;

Sch 9 para 121(3)(b)

for “percentage expended” substitute “amount expended”.

Sch 9 para 121(4)

In paragraph (5)—

Sch 9 para 121(4)(a)

in sub-paragraph (a)—

Sch 9 para 121(4)(a)(i)

in the words before paragraph (i), for “percentages of standard lifetime allowance” substitute “amounts of the member’s lump sum allowance, and the sum of the amounts of the member’s lump sum and death benefit allowance,”;

Sch 9 para 121(4)(a)(ii)

in paragraph (i), for “benefit crystallisation events” substitute “relevant benefit crystallisation events”;

Sch 9 para 121(4)(a)(iii)

in paragraph (ii), for “benefit crystallisation event” substitute “relevant benefit crystallisation event”;

Sch 9 para 121(4)(b)

in sub-paragraph (b), in the words before paragraph (i), for “percentages of standard lifetime allowance” substitute “amounts of the member’s lump sum allowance, and the sum of the amounts of the member’s lump sum and death benefit allowance,”.

Sch 9 para 121(5)

In paragraph (7)—

Sch 9 para 121(5)(a)

in sub-paragraph (a)—

Sch 9 para 121(5)(a)(i)

in the words before paragraph (i), for “percentages of standard lifetime allowance” substitute “amounts of the member’s lump sum allowance, and the sum of the amounts of the member’s lump sum and death benefit allowance,”;

Sch 9 para 121(5)(a)(ii)

in paragraph (i), for “benefit crystallisation events” substitute “relevant benefit crystallisation events”;

Sch 9 para 121(5)(a)(iii)

in paragraph (ii), for “benefit crystallisation events” substitute “relevant benefit crystallisation events”;

Sch 9 para 121(5)(b)

in sub-paragraph (b), in the words before paragraph (i), for “percentages of standard lifetime allowance” substitute “amounts of the member’s lump sum allowance, and the sum of the amounts of the member’s lump sum and death benefit allowance,”.

Sch 9 para 122 — Amendments of the Registered Pension Schemes (Provision of Information) Regulations 2006

Omit regulations 19 (lump sums to which paragraph 1B of Schedule 29 applies) and 20 (lump sums to which paragraph 1B of Schedule 29 fails to apply).

Sch 9 para 123 — Amendments of the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006
Sch 9 para 123(1)

The Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006 (S.I. 2006/570) are amended as follows.

Sch 9 para 123(2)

In regulation 2 (interpretation), in paragraph (2), for the entry for “the ELA regulations” substitute—

Sch 9 para 123(3)

In Schedule 2 (information which may be supplied either to or by HM Revenue & Customs by an approved method of electronic communications)—

Sch 9 para 123(3)(a)

in the entry relating to an application under section 267 or 268 of FA 2004 omit paragraph (a) (which relates to an application under section 267 of that Act);

Sch 9 para 123(3)(b)

in the entry relating to a notification by an individual under regulation 3, 4, 5, 6, 7 or 8 of the Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (S.I. 2006/131) (“the 2006 regulations”), for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(c)

in the entry relating to a requirement by an individual under regulation 12 of the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(d)

in the entry relating to a requirement by an individual under regulation 14 of the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(e)

in the entry relating to a requirement by an individual under regulation 16 of the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(f)

in the entry relating to a notice given by an individual under regulation 17 of the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(g)

in the entry relating to a notice given by an individual under regulation 18 of the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(h)

in the entry relating to a notice by His Majesty’s Revenue and Customs under regulation 24 of the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(i)

in the entry relating to a certificate by His Majesty’s Revenue and Customs under the 2006 regulations, for “the ELA regulations” substitute “the EA regulations”;

Sch 9 para 123(3)(j)

in the final entry, relating to a notice of appeal against the imposition of a penalty under certain provisions—

Sch 9 para 123(3)(j)(i)

in paragraph (e) omit “lifetime”;

Sch 9 para 123(3)(j)(ii)

in paragraph (f) omit “lifetime”;

Sch 9 para 123(3)(j)(iii)

in paragraph (g) omit “lifetime allowance”.

Sch 9

Commencement and transitional provision etc

Sch 9 para 124 — Commencement

The amendments made by section 14 and this Schedule have effect for the tax year 2024-25 and subsequent tax years.

Sch 9 para 125 — Availability of individual’s lump sum allowance
Sch 9 para 125(1)

This paragraph applies where—

Sch 9 para 125(1)(a)

one or more benefit crystallisation events within the meaning of Part 4 of FA 2004 occurred in relation to an individual before 6 April 2024, ...

Sch 9 para 125(1)(b)

a relevant benefit crystallisation event within the meaning of section 637Q of ITEPA 2003 (availability of individual’s lump sum allowance) occurs in relation to the individual on or after that date, and

Sch 9 para 125(1)(c)

at the time the relevant benefit crystallisation occurs, the individual—

Sch 9 para 125(1)(c)(i)

is not an individual to whom paragraph 12 of Schedule 36 to FA 2004 applies (enhanced protection), or

Sch 9 para 125(1)(c)(ii)

is such an individual and is not within paragraph 24(1) of Schedule 36 to FA 2004 (persons with lump sum protection).

Sch 9 para 125(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 125(3)

The amount of the individual’s lump sum allowance that is available on the occurrence of the relevant benefit crystallisation event is—or, if that produces a negative result, nil.

Sch 9 para 125(3)(a)

the amount of that allowance that is available in accordance with section 637Q of ITEPA 2003 on the occurrence of that event, less

Sch 9 para 125(3)(b)

an amount equal to 25% of the individual’s lifetime allowance previously-used amount;

Sch 9 para 125(3A)

Where—sub-paragraph (3) has effect as if the amount determined under paragraph (b) of that sub-paragraph were £375,000.

Sch 9 para 125(3A)(a)

the individual is an individual to whom paragraph 7 of Schedule 36 to FA 2004 applies (primary protection),

Sch 9 para 125(3A)(b)

the individual is not within paragraph 24(1) of Schedule 36 to FA 2004 (persons with lump sum protection), and

Sch 9 para 125(3A)(c)

25% of the individual’s lifetime allowance previously-used amount is greater than £375,000,

Sch 9 para 125(4)

But sub-paragraph (3) does not apply if, on the occurrence of the relevant benefit crystallisation event, a transitional tax-free amount certificate is in force in relation to the individual.

Sch 9 para 125(5)

In such a case, the amount of the individual’s lump sum allowance that is available on the occurrence of the relevant benefit crystallisation event is—or, if that produces a negative result, nil.

Sch 9 para 125(5)(a)

the amount of that allowance that is available in accordance with section 637Q of ITEPA 2003 on the occurrence of that event, less

Sch 9 para 125(5)(b)

the individual’s lump sum transitional tax-free amount;

Sch 9 para 125(6)

For provision about the meaning of expressions used in this paragraph, see paragraph 129.

Sch 9 para 126 — Availability of individual’s lump sum and death benefit allowance
Sch 9 para 126(1)

This paragraph applies where—

Sch 9 para 126(1)(a)

one or more benefit crystallisation events within the meaning of Part 4 of FA 2004 occurred in relation to an individual before 6 April 2024, ...

Sch 9 para 126(1)(b)

a relevant benefit crystallisation event within the meaning of section 637S of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance) occurs in relation to the individual on or after that date. , and

Sch 9 para 126(1)(c)

at the time the relevant benefit crystallisation occurs, the individual is not an individual to whom paragraph 12 of Schedule 36 to FA 2004 applies (enhanced protection).

Sch 9 para 126(2)

Where the individual’s lifetime allowance previously-used amount is equal to or greater than the individual’s lifetime allowance, none of the individual’s lump sum and death benefit allowance is available on the occurrence of the relevant benefit crystallisation event.

Sch 9 para 126(3)

Otherwise, the amount of the individual’s lump sum and death benefit allowance that is available on the occurrence of the relevant benefit crystallisation event is—or, if that produces a negative result, nil.

Sch 9 para 126(3)(a)

the amount of that allowance that is available in accordance with section 637S of ITEPA 2003 on the occurrence of that event, less

Sch 9 para 126(3)(b)

an amount equal to the appropriate percentage of the individual’s lifetime allowance previously-used amount;

Sch 9 para 126(3A)

Where—sub-paragraph (3) has effect as if the amount determined under paragraph (b) of that sub-paragraph were £375,000.

Sch 9 para 126(3A)(a)

the individual is an individual to whom paragraph 7 of Schedule 36 to FA 2004 applies (primary protection),

Sch 9 para 126(3A)(b)

the individual is not within paragraph 24(1) of Schedule 36 to FA 2004 (persons with lump sum protection),

Sch 9 para 126(3A)(c)

the appropriate percentage is 25%, and

Sch 9 para 126(3A)(d)

25% of the individual’s lifetime allowance previously-used amount is greater than £375,000,

Sch 9 para 126(4)

In sub-paragraphs (3) and (3A) “the appropriate percentage” means—

Sch 9 para 126(4)(a)

100% in a case in which—

Sch 9 para 126(4)(a)(i)

the individual becomes entitled to a serious ill-health lump sum before 6 April 2024 and is under the age of 75 at the time of the payment, or

Sch 9 para 126(4)(a)(ii)

the individual dies before 6 April 2024 under the age of 75 and the conditions in sub-paragraph (4A) are met;

Sch 9 para 126(4)(b)

25% in any other case.

Sch 9 para 126(4A)

The conditions mentioned in sub-paragraph (4)(a)(ii) are—

Sch 9 para 126(4A)(a)

that before 6 April 2024 a person is paid a defined benefits lump sum death benefit, or an uncrystallised funds lump sum death benefit, in respect of the individual,

Sch 9 para 126(4A)(b)

that the lump sum is paid before the end of the period of two years beginning with the day on which the scheme administrator of the scheme first knew of the individual’s death or (if earlier) the day on which the scheme administrator could first reasonably have been expected to have known of it, and

Sch 9 para 126(4A)(c)

that the person to whom the lump sum is paid is not a non-qualifying person.

Sch 9 para 126(5)

But sub-paragraphs (2) to (4A) do not apply if, at the relevant time, a transitional tax-free amount certificate is in force in relation to the individual.

Sch 9 para 126(6)

In such a case, the amount of the individual’s lump sum and death benefit allowance that is available on the occurrence of the relevant benefit crystallisation event is—or, if that produces a negative result, nil.

Sch 9 para 126(6)(a)

the amount of that allowance that is available in accordance with section 637S of ITEPA 2003 on the occurrence of that event, less

Sch 9 para 126(6)(b)

the individual’s lump sum and death benefit transitional tax-free amount;

Sch 9 para 126(6A)

In sub-paragraph (5) “the relevant time” means—

Sch 9 para 126(6A)(a)

if the relevant benefit crystallisation event is the individual becoming entitled to a relevant lump sum (within the meaning of section 637S of ITEPA 2003), the time at which the individual becomes so entitled;

Sch 9 para 126(6A)(b)

if the relevant benefit crystallisation event is a person being paid a relevant lump sum death benefit (within the meaning of section 637S of ITEPA 2003), the 31 October next following the end of the tax year in which the relevant lump sum death benefit is paid.

Sch 9 para 126(7)

For provision about the meaning of expressions used in this paragraph, see paragraph 129.

Sch 9 para 127 — Transitional tax-free amount certificates
Sch 9 para 127(1)

A “transitional tax-free amount certificate” is a certificate relating to an individual that—

Sch 9 para 127(1)(a)

is issued by a certification administrator, on an application made in accordance with this paragraph, and

Sch 9 para 127(1)(b)

certifies that the certification administrator is satisfied as to—

Sch 9 para 127(1)(b)(i)

the amount of the individual’s lump sum transitional tax-free amount, and

Sch 9 para 127(1)(b)(ii)

the amount of the individual’s lump sum and death benefit transitional tax-free amount.

Sch 9 para 127(2)

An application for a certificate in relation to an individual—

Sch 9 para 127(2)(a)

may be made by the individual or, if the individual is deceased, the individual’s personal representatives;

Sch 9 para 127(2)(b)

may be made to any person who is a certification administrator in relation to the individual;

Sch 9 para 127(2)(c)

must be accompanied by complete evidence as to the amount of the individual’s lump sum and death benefit transitional tax-free amount;

Sch 9 para 127(2)(d)

may not be made after the individual becomes entitled to a relevant lump sum (within the meaning of section 637S of ITEPA 2003), and

Sch 9 para 127(2)(e)

may not be made after the 31 October next following the end of the tax year in which a relevant lump sum death benefit (within the meaning of section 637S of ITEPA 2003) is paid in respect of the individual.

Sch 9 para 127(3)

The certification administrator to whom an application is made must, before the end of the period of three months beginning with the date on which the the application is received, determine the application by—

Sch 9 para 127(3)(a)

issuing the applicant with a certificate, or

Sch 9 para 127(3)(b)

notifying the applicant that the application is refused.

Sch 9 para 127(4)

A certificate must (in addition to certifying the matter mentioned in sub-paragraph (1)(b)) contain the following information—

Sch 9 para 127(4)(a)

the individual’s name, address and national insurance number,

Sch 9 para 127(4)(b)

the individual’s lifetime allowance previously-used amount expressed as a percentage of the standard lifetime allowance for the tax year 2023/24,

Sch 9 para 127(4)(c)

the amount that the certification administrator is satisfied is the individual’s lump sum transitional tax-free amount, and

Sch 9 para 127(4)(d)

the amount that the certification administrator is satisfied is the individual’s lump sum and death benefit transitional tax-free amount.

Sch 9 para 127(5)

A certificate may be in such form as the certification administrator may determine and may, in particular, be incorporated into any other document that is given to the applicant by the certification administrator.

Sch 9 para 127(6)

If at any time it appears to a person who is a certification administrator in relation to the individual that the amount specified on a certificate under sub-paragraph (4)(c) or (d) does not accurately reflect the individual’s lump sum transitional tax-free amount or (as the case may be) lump sum and death benefit transitional tax-free amount, they must cancel the certificate by giving notice of the cancellation to the applicant or, if the applicant is deceased, the applicant’s personal representatives.

Sch 9 para 127(7)

A certificate—

Sch 9 para 127(7)(a)

comes into force when it is issued, and

Sch 9 para 127(7)(b)

ceases to be in force on the giving of a notice under sub-paragraph (6).

Sch 9 para 127(8)

The Commissioners for His Majesty’s Revenue and Customs may by regulations—

Sch 9 para 127(8)(a)

amend sub-paragraph (3) by substituting a different period for that for the time being specified there, or

Sch 9 para 127(8)(b)

make further provision about transitional tax-free certificates.

Sch 9 para 127(9)

For provision about the meaning of expressions used in this paragraph, see paragraph 129.

Sch 9 para 127(10)

In the second column of the Table in section 98 of TMA 1970 (penalty for failure to give certificates etc), at the appropriate place insert—.

Sch 9 para 127A — Availability of member’s overseas transfer allowance
Sch 9 para 127A(1)

This paragraph applies where—

Sch 9 para 127A(1)(a)

one or more benefit crystallisation events within the meaning of Part 4 of FA 2004 occurred in relation to an individual before 6 April 2024,...

Sch 9 para 127A(1)(b)

a transfer of the kind mentioned in section 244IA(1)(a) of FA 2004 is made in relation to the individual on or after that date, and

Sch 9 para 127A(1)(c)

at the time the transfer is made, the individual is not an individual to whom paragraph 12 of Schedule 36 to FA 2004 applies (enhanced protection).

Sch 9 para 127A(2)

Where the individual’s... lifetime allowance previously-used amount is equal to or greater than the individual’s lifetime allowance, none of the individual’s overseas transfer allowance is available on the making of the transfer.

Sch 9 para 127A(3)

Otherwise, the amount of the individual’s overseas transfer allowance that is available on the making of the transfer is—or, if that produces a negative result, nil.

Sch 9 para 127A(3)(a)

the amount of that allowance that is available in accordance with section 244IC of FA 2004 on the making of the transfer, less

Sch 9 para 127A(3)(b)

the individual’s... lifetime allowance previously-used amount,

Sch 9 para 127A(4)

Sub-paragraph (5) applies where the individual’s lifetime allowance previously-used amount includes one or more amounts (“crystallised drawdown amounts”) that are attributable to the occurrence, before 6 April 2024, of benefit crystallisation event 1 (designation of money purchase funds for drawdown).

Sch 9 para 127A(5)

The individual’s lifetime allowance previously-used amount is to be reduced for the purposes of sub-paragraphs (2) and (3) (but not below zero) by—

Sch 9 para 127A(5)(a)

if there is only one crystallised drawdown amount, the amount given by the following formula in relation to it, or

Sch 9 para 127A(5)(b)

if there is more than one crystallised drawdown amount, the sum of the amounts given by the following formula in relation to each of them.

Sch 9 para 127A(6)

The formula is—A B×1, 073, 100 where—“A” is the crystallised drawdown amount in question;“B” is the individual’s lifetime allowance on the occurrence of the benefit crystallisation event to which the crystallised drawdown amount in question is attributable.

Sch 9 para 127B — Provision of information by individuals to certification administrators
Sch 9 para 127B(1)

Sub-paragraph (2) applies where—

Sch 9 para 127B(1)(a)

a certification administrator issues a transitional tax-free amount certificate, and

Sch 9 para 127B(1)(b)

there are one or more other certification administrators in relation to the individual to whom the certificate relates.

Sch 9 para 127B(2)

The relevant person must send a copy of the certificate to each certification administrator within sub-paragraph (1)(b).

Sch 9 para 127B(3)

Sub-paragraph (2) must be complied with—

Sch 9 para 127B(3)(a)

before the end of the period of 90 days beginning with the day on which the relevant person receives the certificate, and

Sch 9 para 127B(3)(b)

before the first day following that on which the relevant person receives the certificate on which a relevant benefit crystallisation event occurs in relation to the individual.

Sch 9 para 127B(4)

In the case of an obligation under sub-paragraph (2) relating to a pension scheme of which the individual is a member as a result of a block transfer, references in sub-paragraph (3) to the day on which the relevant person receives the certificate are to the later of that day and the day on which the relevant person receives notice of the block transfer.

Sch 9 para 127B(5)

Sub-paragraph (6) applies where—

Sch 9 para 127B(5)(a)

a certification administrator cancels a transitional tax-free amount certificate, and

Sch 9 para 127B(5)(b)

there are one or more other certification administrators in relation to the individual to whom the certificate relates.

Sch 9 para 127B(6)

The relevant person must send a copy of the notice to each certification administrator within sub-paragraph (5)(b).

Sch 9 para 127B(7)

Sub-paragraph (6) must be complied with—

Sch 9 para 127B(7)(a)

before the end of the period of 90 days beginning with the day on which the relevant person receives notice of the cancellation, and

Sch 9 para 127B(7)(b)

before the first day following that on which the relevant person receives notice of the cancellation on which a relevant benefit crystallisation event occurs in relation to the individual.

Sch 9 para 127B(8)

In the case of an obligation under sub-paragraph (6) relating to a pension scheme of which the individual is a member as a result of a block transfer, references in sub-paragraph (7) to the day on which the relevant person receives notice of the cancellation are to the later of that day and the day on which the relevant person receives notice of the block transfer.

Sch 9 para 127B(8A)

Sub-paragraph (8B) applies where—

Sch 9 para 127B(8A)(a)

a transitional tax-free amount certificate is issued in relation to an individual, and

Sch 9 para 127B(8A)(b)

the individual subsequently becomes a member of a pension scheme (“the new pension scheme”).

Sch 9 para 127B(8B)

The relevant person must send a copy of the certificate to the scheme administrator of the new pension scheme.

Sch 9 para 127B(8C)

Sub-paragraph (8B) must be complied with—

Sch 9 para 127B(8C)(a)

before the end of the period of 90 days beginning with the day on which the individual becomes a member of the new pension scheme, and

Sch 9 para 127B(8C)(b)

before the first day on which a relevant benefit crystallisation event occurs in relation to the individual after the day on which the individual becomes a member of the new pension scheme.

Sch 9 para 127B(9)

In this paragraph—“block transfer”: a transfer is “a block transfer” in relation to a member of a pension scheme if it involves the transfer, in a single transaction, of all the sums and assets held for the purposes of, or representing accrued rights under, the arrangements under the scheme which relate to the member and at least one other member of the scheme;“relevant benefit crystallisation event” has the same meaning as in section 637S of ITEPA 2003 (availability of individual’s lump sum and death benefit allowance);“relevant person”, in relation to a transitional tax-free amount certificate, means—the individual to whom the certificate relates, or if the individual is deceased, the individual’s personal representatives.

Sch 9 para 128 — Provision of information by scheme administrators to members
Sch 9 para 128(1)

A reference in the Provision of Information Regulations to a relevant benefit crystallisation event is, in relation to times before 6 April 2024, a reference to a benefit crystallisation event within the meaning of Part 4 of FA 2004.

Sch 9 para 128(2)

Sub-paragraph (3) applies where—

Sch 9 para 128(2)(a)

one or more benefit crystallisation events within the meaning of Part 4 of FA 2004 occurred in relation to a member of a registered pension scheme before 6 April 2024, and

Sch 9 para 128(2)(b)

it is necessary for a certification administrator to determine, for the purposes of any provision of the Provision of Information Regulations as that provision has effect for the tax year 2024-25 or a subsequent tax year, the amount of the member’s lump sum allowance that has been expended by the events mentioned in paragraph (a).

Sch 9 para 128(3)

For those purposes, the amount of the member’s lump sum allowance that has been expended by the events mentioned in sub-paragraph (2)(a) is—

Sch 9 para 128(3)(a)

if the certification conditions are met in relation to the determination, so much of the member’s lump sum transitional tax-free amount as is referable to those events;

Sch 9 para 128(3)(b)

otherwise, an amount equal to 25% of so much of the member’s lifetime allowance previously-used amount as is referable to those events.

Sch 9 para 128(4)

Sub-paragraph (5) applies where—

Sch 9 para 128(4)(a)

one or more benefit crystallisation events within the meaning of Part 4 of FA 2004 occurred in relation to a member of a registered pension scheme before 6 April 2024, and

Sch 9 para 128(4)(b)

it is necessary to determine, for the purposes of any provision of the Provision of Information Regulations as it has effect for the tax year 2024-25 or a later tax year, the amount of the member’s lump sum and death benefit allowance that has been expended by the events mentioned in paragraph (a).

Sch 9 para 128(5)

For those purposes, the amount of the member’s lump sum and death benefit allowance that has been expended by the events mentioned in sub-paragraph (4)(a) is—

Sch 9 para 128(5)(a)

if the certification conditions are met in relation to the determination, so much of the member’s lump sum and death benefit transitional tax-free amount as is referable to those events;

Sch 9 para 128(5)(b)

otherwise, an amount equal to the appropriate percentage of so much of the member’s lifetime allowance previously-used amount as is referable to those events.

Sch 9 para 128(6)

In sub-paragraph (5)(b) “the appropriate percentage” means—

Sch 9 para 128(6)(a)

100% in a case in which—

Sch 9 para 128(6)(a)(zi)

the amount of the member’s lifetime allowance previously-used amount is equal to or greater than the member’s lifetime allowance,

Sch 9 para 128(6)(a)(i)

the member becomes entitled to a serious ill-health lump sum under the scheme before 6 April 2024 and is under the age of 75 at the time of the payment, or

Sch 9 para 128(6)(a)(ii)

the member dies before 6 April 2024 under the age of 75 and the conditions in sub-paragraph (6A) are met,

Sch 9 para 128(6)(b)

25% in any other case.

Sch 9 para 128(6A)

The conditions mentioned in sub-paragraph (6)(a)(ii) are—

Sch 9 para 128(6A)(a)

that before 6 April 2024 a person is paid a defined benefits lump sum death benefit, or an uncrystallised funds lump sum death benefit, under the scheme in respect of the member,

Sch 9 para 128(6A)(b)

that the lump sum is paid before the end of the period of two years beginning with the day on which the scheme administrator of the scheme first knew of the individual’s death or (if earlier) the day on which the scheme administrator could first reasonably have been expected to have known of it, and

Sch 9 para 128(6A)(c)

that the person to whom the lump sum is paid is not a non-qualifying person.

Sch 9 para 128(6B)

In this paragraph “the certification conditions”, in relation to a determination mentioned in sub-paragraph (2)(b) or (4)(b), means the following conditions—

Sch 9 para 128(6B)(a)

that either—

Sch 9 para 128(6B)(a)(i)

the certification administrator making the determination has issued a transitional tax-free amount certificate to the member, or

Sch 9 para 128(6B)(a)(ii)

the member has provided that certification administrator with a copy of a transitional tax-free amount certificate issued to the member by another certification administrator, and

Sch 9 para 128(6B)(b)

that the certification administrator making the determination—

Sch 9 para 128(6B)(b)(i)

has not cancelled the certificate, and

Sch 9 para 128(6B)(b)(ii)

has not been notified that the certificate has been cancelled by another certification administrator.

Sch 9 para 128(7)

In this paragraph “the Provision of Information Regulations” means the Registered Pension Schemes (Provision of Information) Regulations (S.I. 2006/567).

Sch 9 para 128(8)

For further provision about the meaning of expressions used in this paragraph, see paragraph 129.

Sch 9 para 129 — Paragraphs 125 to 128: interpretation
Sch 9 para 129(1)

“Lump sum transitional tax-free amount”, in relation to an individual, means the total of—

Sch 9 para 129(1)(a)

each pension commencement lump sum (if any) to which the individual has, before 6 April 2024, become entitled under a registered pension scheme, ...

Sch 9 para 129(1)(b)

each uncrystallised funds pension lump sum (if any) to which the individual has, before 6 April 2024, become entitled under a registered pension scheme, so far as no charge to income tax under Part 9 of ITEPA 2003 or Part 4 of FA 2004 arises in respect of it.

Sch 9 para 129(1)(c)

each stand-alone lump sum (if any) to which the individual has, before 6 April 2024, become entitled under a registered pension scheme, so far as no charge to income tax under Part 9 of ITEPA 2003 or Part 4 of FA 2004 arises in respect of it, and

Sch 9 para 129(1)(d)

where a benefit crystallisation event within sub-paragraph (2)(a) of paragraph 20 of Schedule 36 to FA 2004 (pre-commencement pensions) was treated as having occurred before 6 April 2024 in relation to the individual, an amount equal to 25% of the amount treated as crystallised by that event under sub-paragraph (2)(b) of that paragraph.

Sch 9 para 129(2)

“Lump sum and death benefit transitional tax-free amount”, in relation to an individual, means the total of—

Sch 9 para 129(2)(za)

the individual’s lump sum transitional tax-free amount,

Sch 9 para 129(2)(a)

each relevant lump sum (if any) not comprised in the individual’s lump sum transitional tax-free amount to which the individual has, before 6 April 2024, become entitled under a registered pension scheme, so far as no charge to income tax under Part 9 of ITEPA 2003 or Part 4 of FA 2004 arises in respect of it, and

Sch 9 para 129(2)(b)

each relevant lump sum death benefit (if any) paid before 6 April 2024 by a registered pension scheme in respect of the individual so far as no charge to income tax under Part 9 of ITEPA 2003 or Part 4 of FA 2004 arises in respect of it, ...

Sch 9 para 129(2)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 129(3)

For the purposes of sub-paragraph (2)—

Sch 9 para 129(3)(a)

a lump sum is “relevant” if the individual becoming entitled to it constituted a benefit crystallisation event within the meaning of Part 4 of FA 2004;

Sch 9 para 129(3)(b)

a lump sum death benefit is “relevant” if its payment constituted a benefit crystallisation event within the meaning of Part 4 of FA 2004.

Sch 9 para 129(4)

“Complete evidence”, in relation to an individual’s lump sum and death benefit transitional tax-free amount, means evidence of—that is comprised, or any part of which is comprised, in the individual’s lump sum and death benefit transitional tax-free amount.

Sch 9 para 129(4)(a)

each lump sum (if any) to which the individual has become entitled, and

Sch 9 para 129(4)(b)

each lump sum death benefit (if any) that has been paid in respect of the individual,

Sch 9 para 129(4A)

“Lifetime allowance previously-used amount”, in relation to an individual, means (subject to sub-paragraphs (4B) and (4C)) the amount that would have been the previously used amount for the purposes of section 219 of FA 2004 (availability of individual’s lifetime allowance) if a benefit crystallisation event (within the meaning of that section) had occurred in relation to the individual immediately before 6 April 2024.

Sch 9 para 129(4B)

Sub-paragraph (4C) applies where—

Sch 9 para 129(4B)(a)

the individual reached the age of 75 before 6 April 2024,

Sch 9 para 129(4B)(b)

on the individual reaching that age, an amount was, or amounts were, crystallised by one or more of benefit crystallisation events 5, 5A and 5B, and

Sch 9 para 129(4B)(c)

the individual did not become entitled to a lump sum under a registered pension scheme in the period beginning with the date on which the individual reached the age of 75 and ending with 5th April 2024.

Sch 9 para 129(4C)

The amount determined under sub-paragraph (4A) is to be reduced(but not below zero) by the amount given by the following formula—A B x 1, 073, 100 where—“A” is the amount or (if more than one) the sum of the amounts mentioned in sub-paragraph (4B)(b);“B” is the individual’s lifetime allowance at the time the individual reached the age of 75.

Sch 9 para 129(5)

In paragraphs 125 to 128 and this paragraph—“benefit crystallisation event”, followed by a number, has the same meaning as in Part 4 of FA 2004 (see section 216 of that Act);“certification administrator”, in relation to an individual, means—the scheme administrator of a registered pension scheme of which the individual is a member or, if the individual is deceased, of which the individual was a member immediately before death, or an insurance company to which a registered pension scheme has transferred sums or assets to secure the payment to the individual of a scheme pension or a lifetime annuity;“complete evidence” has the meaning given by sub-paragraph (4);“defined benefits lump sum death benefit” has the same meaning as in Part 4 of FA 2004;“drawdown pension fund”, in relation to an individual, has the same meaning as in Part 4 of FA 2004 (see Part 1 of Schedule 28 to that Act);“entitled” (in relation to a lump sum) has the same meaning as in Part 4 of FA 2004;“insurance company” has the same meaning as in Part 4 of FA 2004;“lifetime allowance” has the same meaning as in Part 4 of FA 2004;“lifetime allowance previously-used amount” has the meaning given by sub-paragraphs (4A) to (4C);“lump sum and death benefit transitional tax-free amount” has the meaning given by sub-paragraphs (2) and (3);“lump sum death benefit” has the same meaning as in Part 4 of FA 2004;“lump sum transitional tax-free amount” has the meaning given by sub-paragraph (1);“member” has the same meaning as in Part 4 of FA 2004;“non-qualifying person” has the same meaning as in section 206 of FA 2004;“pension commencement lump sum” has the same meaning as in Part 4 of FA 2004;“the Provision of Information Regulations” means the Registered Pension Schemes (Provision of Information) Regulations (S.I. 2006/567);“scheme administrator” has the same meaning as in Part 4 of FA 2004;“serious ill-health lump sum” has the same meaning as in Part 4 of FA 2004;“stand-alone lump sum” has the meaning given by article 25 of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572);“standard lifetime allowance”, in relation to an individual, has the same meaning as in Part 4 of FA 2004 as that Part has effect in relation to the individual;“transitional tax-free amount certificate” means a certificate under paragraph 127;“uncrystallised funds pension lump sum” has the same meaning as in Part 4 of FA 2004.“uncrystallised funds pension lump sum death benefit” has the same meaning as in Part 4 of FA 2004;

Sch 9 para 129(6)

A reference in any of paragraphs 125 to 128 or this paragraph to a provision of FA 2004 is to that provision as it had effect immediately before 6 April 2024.

Sch 9 para 130 — Statements for certain members who would not otherwise receive one in the tax year 2024-25
Sch 9 para 130(1)

The scheme administrator of a registered pension scheme must provide a statement to each relevant person before the end of the tax year 2024-25.

Sch 9 para 130(2)

In sub-paragraph (1) “relevant person” means—

Sch 9 para 130(2)(a)

any member of the scheme—

Sch 9 para 130(2)(a)(i)

in relation to whom one or more benefit crystallisation events occurred before 6 April 2024, and

Sch 9 para 130(2)(a)(ii)

who on that date does not have an actual (as opposed to prospective) entitlement to be paid a pension, or

Sch 9 para 130(2)(b)

the personal representatives of a member within paragraph (a) who has died.

Sch 9 para 130(3)

The statement must contain the information in regulation 14(3) of the Provision of Information Regulations (percentage of standard lifetime allowance expended by benefit crystallisation events) in respect of benefit crystallisation events occurring before 6 April 2024.

Sch 9 para 130(4)

In this paragraph—“benefit crystallisation event” means a benefit crystallisation event within the meaning of Part 4 of FA 2004, as that Part had effect immediately before 6 April 2024;“member” has the same meaning as in Part 4 of FA 2004;“the Provision of Information Regulations” means the Registered Pension Schemes (Provision of Information) Regulations (S.I. 2006/567) , as those regulations had effect immediately before 6 April 2024;“scheme administrator” has the same meaning as in Part 4 of FA 2004.

Sch 9 para 130A — Lump sums paid on or after 6 April 2024 where entitlement arose before that date
Sch 9 para 130A(1)

The amendments made by or under this Schedule, and the amendments made by section 14, are to be disregarded for the purposes of determining—

Sch 9 para 130A(1)(a)

the extent (if any) to which a transitional lump sum is a lump sum of a description permitted to be paid by the lump sum rule in section 166(1) of FA 2004, and

Sch 9 para 130A(1)(b)

the tax treatment under Part 9 of ITEPA 2003 of a transitional lump sum.

Sch 9 para 130A(2)

In this paragraph “transitional lump sum” means a lump sum to which a member of a registered pension scheme becomes entitled before 6 April 2024 and which is paid on or after that date.

Sch 9 para 130A(3)

In sub-paragraph(2)“member” has the same meaning as in Part 4 of FA 2004.

Sch 9 para 131 — Lump sum death benefits paid on or after 6 April 2024 that crystallised before that date
Sch 9 para 131(1)

The amendments made by or under this Schedule, and the amendments made by section 14, are to be disregarded for the purposes of determining the tax treatment under Part 9 of ITEPA 2003 of a transitional lump sum death benefit.

Sch 9 para 131(2)

In section 637S (availability of individual’s lump sum and death benefit allowance), “relevant lump sum death benefit” does not include a transitional lump sum death benefit.

Sch 9 para 131(3)

In this paragraph “transitional lump sum death benefit” means a lump sum death benefit paid on or after 6 April 2024 so far as relating to rights that, before that date, crystallised under section 216 of FA 2004.

Sch 9 para 132 — Modifications of scheme rules
Sch 9 para 132(1)

A rule of a registered pension scheme relating to a member’s entitlement to , or to the payment of, a lifetime allowance excess lump sum has effect, in relation to entitlements arising on or after 6 April 2024, and so far as possible, as a rule relating to the member’s entitlement to , or to the payment of, a pension commencement excess lump sum.

Sch 9 para 132(2)

The amendments... made by or under this Schedule, and the amendments made by section 14, do not affect the interpretation of any relevant rule of a registered pension scheme.

Sch 9 para 132(3)

For the purposes of sub-paragraph (2), a rule of a registered pension scheme is “relevant” if the rule imposes a limit on the amount of a benefit payable under the scheme to, or in respect of, a member by reference to the member’s lifetime allowance, the standard lifetime allowance or the lifetime allowance charge.

Sch 9 para 132(4)

In this paragraph“member”,“lifetime allowance”, “standard lifetime allowance” and “lifetime allowance charge” have the same meaning as in Part 4 of FA 2004 as that Part had effect immediately before 6 April 2024.

Sch 9 para 132(5)

This paragraph ceases to have effect at the end of the tax year 2028-29.

Sch 9 para 132A — Continuity of the law
Sch 9 para 132A(1)

This paragraph applies where any provision of or made under this Schedule re-enacts (with or without modification) a provision of the pensions tax code that is repealed by or under this Schedule.

Sch 9 para 132A(2)

The repeal and re-enactment does not affect the continuity of the law.

Sch 9 para 132A(3)

Anything done (including any subordinate legislation made) or having effect as if done, under or for the purposes of the repealed provision that could have been done under or for the purposes of the corresponding provision of the pensions tax code, if in force or effective immediately before the commencement of that corresponding provision, has effect thereafter as if done under or for the purposes of that corresponding provision.

Sch 9 para 132A(4)

Any reference (express or implied) in any enactment, instrument or document to a provision of the pensions tax code shall be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding repealed provision had effect, a reference to that corresponding provision.

Sch 9 para 132A(5)

Any reference (express or implied) in any enactment, instrument or document to a repealed provision shall be construed (so far as the context permits) as respects times, circumstances or purposes in relation to which the corresponding provision of the pensions tax code has effect, as being or (according to the context) including a reference to that corresponding provision.

Sch 9 para 132A(6)

This paragraph has effect subject to any specific transitional provision or saving contained in or made under this Schedule.

Sch 9 para 132A(7)

In this paragraph a reference to an enactment being repealed includes its being substituted or revoked.

Sch 9 para 132A(8)

In this paragraph “pensions tax code” means—

Sch 9 para 132A(8)(a)

Part 4 of FA 2004 (pension schemes) and subordinate legislation made under it, and

Sch 9 para 132A(8)(b)

Part 9 of ITEPA 2003 (pension income) and subordinate legislation made under it.

Sch 9 para 133 — Power to make further transitional provision
Sch 9 para 133(1)

The Treasury may make transitional, transitory or saving provision (in addition to that contained in paragraphs 126 to 132) in connection with the coming into force of any amendment made by section 14 or this Schedule.

Sch 9 para 133(2)

Regulations under this paragraph may—

Sch 9 para 133(2)(a)

insert provision into this Part of this Schedule;

Sch 9 para 133(2)(b)

amend any provision of paragraphs 126 to 132;

Sch 9 para 133(2)(c)

make different provision for different purposes.

Sch 9 para 134 — Power to make further provision in connection with the abolition of lifetime allowance charge
Sch 9 para 134(1)

The Treasury may by regulations make further provision (in addition to that contained in Parts 1 to 5 of this Schedule) in consequence of, or otherwise in connection with, the provision made by sections 18, 19 and 23 of F(No.2)A 2023.

Sch 9 para 134(2)

Regulations under this paragraph may—

Sch 9 para 134(2)(a)

amend any provision of the Income Tax Acts (including any provision of, or amendment made by, this Schedule);

Sch 9 para 134(2)(b)

have effect for the tax years 2024-25 and 2025-26 (as well as subsequent tax years);

Sch 9 para 134(2)(c)

make different provision for different purposes;

Sch 9 para 134(2)(d)

include transitional, transitory or saving provision (including any provision that could be made under paragraph 133).

Sch 9 para 134(3)

Regulations under this paragraph ... may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the House of Commons.

Sch 9 para 134(4)

No regulations under this paragraph may be made after 30 June 2026.

Sch 9 para 134(5)

In sub-paragraph (2) “amend” includes repeal or revoke.

Sch 10

Calculation of trade profits etc

Sch 10

Main provisions

Sch 10 para 1 — Introduction of cash basis default

Chapter 3 of Part 2 of ITTOIA 2005 (trade profits: basic rules) is amended as follows.

Sch 10 para 2 — Introduction of cash basis default

After section 24 insert—

Sch 10 para 3 — Introduction of cash basis default

In section 25 (generally accepted accounting practice)—

Sch 10 para 3(a)

in subsection (1), after “trade” insert “to which the cash basis does not apply”;

Sch 10 para 3(b)

omit subsection (3).

Sch 10 para 4 — Introduction of cash basis default

Omit section 25A (cash basis for small businesses).

Sch 10 para 5 — Introduction of cash basis default

Before section 26 insert—

Sch 10 para 6 — Removal of turnover restrictions etc

In Chapter 3A of Part 2 of ITTOIA 2005 (trade profits: cash basis) omit—

Sch 10 para 6(a)

section 31A (conditions to be met for profits to be calculated on cash basis) and the italic heading before it,

Sch 10 para 6(b)

section 31B (relevant maximum), and

Sch 10 para 6(c)

section 31D (effect of election under section 25A) and the italic heading before it.

Sch 10 para 7 — Removal of interest payments restriction

In Part 2 of ITTOIA 2005—

Sch 10 para 7(a)

in Chapter 4 (trade profits: rules restricting deductions) omit section 51A (cash basis: interest payments on loans), and

Sch 10 para 7(b)

in Chapter 5 (trade profits: rules allowing deductions) omit section 57B (cash basis: interest payments on loans) and the italic heading before it.

Sch 10 para 8 — Removal of loss restrictions

In ITA 2007—

Sch 10 para 8(a)

in Chapter 2 of Part 4 (loss relief: trade losses) omit section 74E (no relief where cash basis used to calculate losses) and the italic heading before it, and

Sch 10 para 8(b)

in Chapter 1 of Part 8 (relief for interest payments), in section 384B(1) (restriction on relief where cash basis applies)—

Sch 10 para 8(b)(i)

for the words from “has made” to “profits of” substitute “carried on”;

Sch 10 para 8(b)(ii)

for “carried on by the partnership” substitute “the profits of which”.

Sch 10

Minor and consequential amendments

Sch 10 para 9 — Other amendments of Chapter 3 of Part 2

Chapter 3 of Part 2 of ITTOIA 2005 (trade profits: basic rules) is amended as follows.

Sch 10 para 10 — Other amendments of Chapter 3 of Part 2

Before section 24 insert the following italic heading— .

Sch 10 para 11 — Other amendments of Chapter 3 of Part 2

Before section 25C (inserted by paragraph 5 of this Schedule) insert —

Sch 10 para 12 — Other amendments of Chapter 3 of Part 2

Before section 27 insert the following italic heading— .

Sch 10 para 13 — Other amendments of Chapter 3 of Part 2

Before section 30 insert the following italic heading— .

Sch 10 para 14 — Other amendments of Chapter 3 of Part 2

Before section 31 insert the following italic heading— .

Sch 10 para 15 — Amendments of other provisions

ITTOIA 2005 is amended as follows.

Sch 10 para 16 — Amendments of other provisions

Omit section 31C (excluded persons) (but see paragraph 11, which inserts substantially similar provision).

Sch 10 para 17 — Amendments of other provisions

In section 32A (application of Chapter 4 of Part 2 to the cash basis), in subsection (2)—

Sch 10 para 17(a)

omit “the following—”, and

Sch 10 para 17(b)

omit the words from “section 51A” to the end.

Sch 10 para 18 — Amendments of other provisions

In section 56A (application of Chapter 5 of Part 2 to the cash basis), omit subsection (2).

Sch 10 para 19 — Amendments of other provisions

In section 58 (incidental costs of obtaining finance), in subsection (5) omit paragraph (a) (including the “and” at the end).

Sch 10 para 20 — Amendments of other provisions

In section 94E (excluded vehicles), in subsection (3)(b), for “25A” substitute “24A”.

Sch 10 para 21 — Amendments of other provisions
Sch 10 para 21(1)

Section 96A (capital receipts under, or after leaving, cash basis) is amended as follows.

Sch 10 para 21(2)

In subsection (3), for “an election under section 25A (cash basis for trades) has effect” substitute “the cash basis applies”.

Sch 10 para 21(3)

In subsection (3A), in paragraph (b), for the words “for which no election under section 25A had effect” substitute “in which the cash basis did not apply”.

Sch 10 para 21(4)

In subsection (3C)—

Sch 10 para 21(4)(a)

in paragraph (a), for “no election under section 25A has effect” substitute “the cash basis does not apply”;

Sch 10 para 21(4)(b)

in paragraph (b), for “such an election had had effect” substitute “the cash basis did apply”.

Sch 10 para 21(5)

In subsection (3D)—

Sch 10 para 21(5)(a)

in paragraph (a), for “an election under section 25A had effect” substitute “the cash basis applied”;

Sch 10 para 21(5)(b)

in paragraph (c), for “an election under section 25A had not had effect” substitute “the cash basis had not applied”.

Sch 10 para 21(6)

In subsection (3E), in paragraph (a), for “for which no election under section 25A had effect” substitute “in which the cash basis did not apply”.

Sch 10 para 22 — Amendments of other provisions

Section 96B (section 96A: supplementary provision), in subsection (3)—

Sch 10 para 22(a)

in paragraph (a), for “an election under section 25A has effect” substitute “the cash basis applies”;

Sch 10 para 22(b)

in paragraph (b), for “no such election had effect” substitute “the cash basis did not apply”.

Sch 10 para 23 — Amendments of other provisions

In section 97A (cash basis: value of trading stock on cessation of trade), in subsection (1)(b), for “an election under section 25A (cash basis for small business) has effect” substitute “the cash basis applies”.

Sch 10 para 24 — Amendments of other provisions

In section 97B (cash basis: value of work in progress on cessation of profession or vocation), in subsection (1)(b), for “an election under section 25A (cash basis for small business) has effect” substitute “the cash basis applies”.

Sch 10 para 25 — Amendments of other provisions

In section 227A (application of Chapter 17 of Part 2 where cash basis used), in subsection (1)—

Sch 10 para 25(a)

for paragraph (a) substitute—

Sch 10 para 25(b)

for paragraph (b) substitute—

Sch 10 para 26 — Amendments of other provisions

In section 227B (cash basis treatment: full relief under Chapter 1 of Part 6A (trading allowance)), in subsection (2), for “an election under section 25A is to be treated as having effect” substitute “the cash basis is to be treated as not applying”.

Sch 10 para 27 — Amendments of other provisions

In section 239A (spreading on leaving cash basis), in subsection (1)—

Sch 10 para 27(a)

in paragraph (a), for “an election under section 25A (cash basis for small businesses) has effect” substitute “the cash basis applies”;

Sch 10 para 27(b)

in paragraph (b), for “no such election has effect” substitute “the cash basis does not apply”.

Sch 10 para 28 — Amendments of other provisions

In section 240B (meaning of “entering the cash basis”)—

Sch 10 para 28(a)

in paragraph (a), for “an election under section 25A has effect” substitute “the cash basis applies”;

Sch 10 para 28(b)

in paragraph (b), for “such an election does not have effect” substitute “the cash basis does not apply”.

Sch 10 para 29 — Amendments of other provisions

In section 246 (basic meaning of “post-cessation receipt”), in subsection (2A), for “an election under section 25A (cash basis for small businesses) has effect” substitute “the cash basis applies”.

Sch 10 para 30 — Amendments of other provisions

In section 254 (allowable deductions), for subsection (2A) substitute—

Sch 10 para 31 — Amendments of other provisions

In section 783AE (full relief: introduction), in subsection (3)—

Sch 10 para 31(a)

for paragraph (a) substitute— ;

Sch 10 para 31(b)

in paragraph (b)—

Sch 10 para 31(b)(i)

for “25A” substitute “25C(1)”;

Sch 10 para 31(b)(ii)

at the end insert “in relation to one or more of the trades mentioned in paragraph (a)”;

Sch 10 para 31(c)

omit paragraphs (c) and (d).

Sch 10 para 32 — Amendments of other provisions

In section 786 (meaning of “rent-a-room receipts”), in subsection (5), for paragraph (b) substitute—

Sch 10 para 33 — Amendments of other provisions

In section 805 (meaning of “qualifying care receipts”), in subsection (4), for paragraph (b) substitute—

Sch 10 para 34 — Amendments of other provisions

In section 820 (periods of account not ending on 5 April), in subsection (2), for “an election under section 25A (cash basis for small businesses) has effect in relation to the trade” substitute “the profits of the trade are required under section 24A to be calculated on the cash basis”.

Sch 10 para 35 — Amendments of other provisions

In Part 2 of Schedule 4 (index of defined expressions), in the entry for “the cash basis (in Part 2)”, for “section 25A” substitute “section 24A”.

Sch 10 para 36 — TMA 1970

In section 42(7)(e) of TMA 1970 (procedure for making claims etc), for “25A” substitute “25C”.

Sch 10 para 37 — TCGA 1992

In section 41(9)(a) of TCGA 1992 (restriction of losses by reference to capital allowances and renewals allowances), for the words from “calculating”, in the second place it occurs, to “effect” substitute “be construed in accordance with Part 2 of ITTOIA 2005 (see section 24A of that Act)”.

Sch 10 para 38 — CAA 2001

CAA 2001 is amended as follows.

Sch 10 para 39 — CAA 2001
Sch 10 para 39(1)

Section 1A (capital allowances and charges: cash basis) is amended as follows.

Sch 10 para 39(2)

In subsection (9)—

Sch 10 para 39(2)(a)

in paragraph (a), for “an election under section 25A of ITTOIA 2005 (cash basis for trades) has effect” substitute “the cash basis applies”;

Sch 10 para 39(2)(b)

in paragraph (b), for “no such election has effect” substitute “the cash basis did not apply”.

Sch 10 para 39(3)

In subsection (11)—

Sch 10 para 39(3)(a)

before paragraph (a) insert— ;

Sch 10 para 39(3)(b)

in paragraph (a), for the words from “calculating”, in the second place it occurs, to “effect” substitute “doing so in accordance with section 24A of ITTOIA 2005”.

Sch 10 para 40 — CAA 2001

In section 4(2ZA)(a) (capital expenditure)—

Sch 10 para 40(a)

for “an election under section 25A of ITTOIA 2005 has effect” substitute “the cash basis applies”;

Sch 10 para 40(b)

at the end insert “(see section 24A of ITTOIA 2005)”.

Sch 10 para 41 — CAA 2001

In section 66A(6) (persons leaving cash basis)—

Sch 10 para 41(a)

in paragraph (a), for “an election under section 25A had effect” substitute “the cash basis applied”;

Sch 10 para 41(b)

in paragraph (b), for “such an election does not have effect” substitute “the cash basis does not apply”.

Sch 10 para 42 — CAA 2001
Sch 10 para 42(1)

Section 431D (persons leaving cash basis) is amended as follows.

Sch 10 para 42(2)

In subsection (1)—

Sch 10 para 42(2)(a)

in paragraph (b), for “an election under section 25A of ITTOIA 2005 (cash basis for trades) has effect” substitute “the cash basis applies”;

Sch 10 para 42(2)(b)

in paragraph (d), for “an election under section 25A of that Act had not had effect” substitute “the cash basis had not applied”.

Sch 10 para 42(3)

In subsection (4)—

Sch 10 para 42(3)(a)

in paragraph (a), for “an election under section 25A of ITTOIA 2005 had effect” substitute “the cash basis applied”;

Sch 10 para 42(3)(b)

in paragraph (b), for “such an election does not have effect” substitute “the cash basis does not apply”.

Sch 10 para 42(4)

After subsection (4) insert—

Sch 10 para 43 — CAA 2001
Sch 10 para 43(1)

Section 462A (persons leaving cash basis) is amended as follows.

Sch 10 para 43(2)

In subsection (1)—

Sch 10 para 43(2)(a)

in paragraph (b), for “an election under section 25A of ITTOIA 2005 (cash basis for trades) has effect” substitute “the cash basis applies”;

Sch 10 para 43(2)(b)

in paragraph (d), for “an election under section 25A of that Act had not had effect” substitute “the cash basis had not applied”.

Sch 10 para 43(3)

In subsection (5)—

Sch 10 para 43(3)(a)

in paragraph (a), for “an election under section 25A of ITTOIA 2005 had effect” substitute “the cash basis applied”;

Sch 10 para 43(3)(b)

in paragraph (b), for “such an election does not have effect” substitute “the cash basis does not apply”.

Sch 10 para 43(4)

After subsection (4) insert—

Sch 10 para 44 — CAA 2001
Sch 10 para 44(1)

Section 477A (persons leaving cash basis) is amended as follows.

Sch 10 para 44(2)

In subsection (1)—

Sch 10 para 44(2)(a)

in paragraph (b), for “an election under section 25A of ITTOIA 2005 (cash basis for trades) has effect” substitute “the cash basis applies”;

Sch 10 para 44(2)(b)

in paragraph (d), for “an election under section 25A of that Act had not had effect” substitute “the cash basis had not applied”.

Sch 10 para 44(3)

In subsection (5)—

Sch 10 para 44(3)(a)

in paragraph (a), for “an election under section 25A of ITTOIA 2005 had effect” substitute “the cash basis applied”;

Sch 10 para 44(3)(b)

in paragraph (b), for “such an election does not have effect” substitute “the cash basis does not apply”.

Sch 10 para 44(4)

After subsection (5) insert—

Sch 10 para 45 — ITA 2007
Sch 10 para 45(1)

ITA 2007 is amended as follows—

Sch 10 para 45(2)

In section 64(8) (deduction of losses from general income), omit paragraph (bb).

Sch 10 para 45(3)

In section 72(5) (relief for individuals for losses in first 4 years of trade), omit paragraph (bb).

Sch 10 para 46 — Consequential repeals

In consequence of the repeals made by this Schedule, omit the following provisions (which insert or amend provisions repealed by this Schedule)—

Sch 10 para 46(a)

in Part 1 of Schedule 4 to FA 2013, paragraphs 3, 4, 10, 14, 15 and 39(3),

Sch 10 para 46(b)

in Part 2 of that Schedule, paragraphs 44 and 54, and

Sch 10 para 46(c)

paragraph 6 of Chapter 3A of Part 1 of Schedule 1 to FA 2022.

Sch 10

Commencement and transitional provision

Sch 10 para 47 — Commencement

The amendments made by this Schedule have effect for the tax year 2024-25 and subsequent tax years.

Sch 10 para 48 — Transitional provision
Sch 10 para 48(1)

This paragraph has effect for the purposes of construing references in the Income Tax Acts to the cash basis in relation to the calculation of the profits of a trade (but not a property business) for a tax year before 2024-25.

Sch 10 para 48(2)

Any reference to calculating the profits of a trade on the cash basis is to be read as a reference to doing so in accordance with section 25A of ITTOIA 2005.

Sch 10 para 48(3)

Any reference to the cash basis applying (or not applying) in relation to a trade for the tax year is to be read as a reference to an election under section 25A of ITTOIA 2005 having effect (or not having effect) in relation to the trade for the tax year.

Sch 10 para 49 — Transitional provision
Sch 10 para 49(1)

This paragraph has effect for the purposes of construing references in the Income Tax Acts to a change in the basis of calculation of the profits of a trade (but not a property business) for the tax year 2024-25.

Sch 10 para 49(2)

A person carrying on a trade “enters the cash basis” in relation to the trade in the tax year 2024-25 if— and related expressions are to be construed accordingly.

Sch 10 para 49(2)(a)

the cash basis applies in relation to the trade for the tax year 2024-25, and

Sch 10 para 49(2)(b)

no election under section 25A of ITTOIA 2005 had effect in relation to the trade for the tax year 2023-24,

Sch 10 para 49(3)

A person carrying on a trade “leaves the cash basis” in relation to the trade in the tax year 2024-25 if— and related expressions are to be construed accordingly.

Sch 10 para 49(3)(a)

an election under section 25A of ITTOIA 2005 had effect in relation to the trade for the tax year 2023-24, and

Sch 10 para 49(3)(b)

the cash basis does not apply in relation to the trade for the tax year 2024-25,

Sch 10 para 49(4)

For the purposes of this paragraph, the cash basis applies to a trade in relation to a tax year if the profits of the trade for the tax year are required by virtue of section 24A(1) of ITTOIA 2005 to be calculated in accordance with that section.

Sch 10 para 50 — Transitional provision

Paragraphs 48 and 49 apply to professions and vocations as they apply to trades.

Sch 11

Capital-raising arrangements etc

Sch 11

Depositary receipts and clearance services

Sch 11 para 1 — Introduction

FA 1986 is amended as follows.

Sch 11 para 2 — Stamp duty

In section 67 (stamp duty: depositary receipts)—

Sch 11 para 2(a)

in the heading, at the end insert “1.5% charge”;

Sch 11 para 2(b)

in subsection (1) omit “(other than a bearer instrument)”;

Sch 11 para 2(c)

after that subsection insert— ;

Sch 11 para 2(d)

after subsection (9) insert—

Sch 11 para 3 — Stamp duty

In section 69 (depositary receipts: supplementary), in subsection (1), in the words before paragraph (a), for “sections 67 and 68 above” substitute “sections 67, 68 and 72ZB”.

Sch 11 para 4 — Stamp duty

In section 70 (stamp duty: clearance services)—

Sch 11 para 4(a)

in the heading, at the end insert “1.5% charge”;

Sch 11 para 4(b)

in subsection (1) omit “(other than a bearer instrument)”;

Sch 11 para 4(c)

after that subsection insert— ;

Sch 11 para 4(d)

after subsection (9) insert—

Sch 11 para 5 — Stamp duty

After section 72 (clearance services: supplementary) insert—

Sch 11 para 6 — Stamp duty reserve tax
Sch 11 para 6(1)

Section 90 (section 87: other exceptions) is amended as follows.

Sch 11 para 6(2)

In subsection (3C)—

Sch 11 para 6(2)(a)

at the end of paragraph (a) insert “and”;

Sch 11 para 6(2)(b)

omit paragraph (b).

Sch 11 para 6(3)

In subsection (3E) omit paragraph (b).

Sch 11 para 6(4)

In subsection (4)—

Sch 11 para 6(4)(a)

the words from “falling within” to the end become paragraph (a);

Sch 11 para 6(4)(b)

after that paragraph insert

Sch 11 para 7 — Stamp duty reserve tax
Sch 11 para 7(1)

In the italic heading before section 93 (SDRT: depositary receipts), at the end insert “: depositary receipts”.

Sch 11 para 7(2)

In section 93—

Sch 11 para 7(2)(a)

in the heading, at the end insert “: 1.5% charge”;

Sch 11 para 7(2)(b)

in subsection (1)—

Sch 11 para 7(2)(b)(i)

in the words before paragraph (a) omit “Subject to subsection (7) below and section 95 below,”;

Sch 11 para 7(2)(b)(ii)

in paragraph (b) omit “or issued”;

Sch 11 para 7(2)(c)

after that subsection insert— ;

Sch 11 para 7(2)(d)

in subsection (4) omit paragraph (a);

Sch 11 para 7(2)(e)

omit subsection (10).

Sch 11 para 8 — Stamp duty reserve tax

In section 94 (depositary receipts: supplementary), in subsection (1), in the words before paragraph (a), for “section 93 above” substitute “sections 93 and 97AC”.

Sch 11 para 9 — Stamp duty reserve tax

In section 95 (depositary receipts: exceptions)—

Sch 11 para 9(a)

in subsection (1), in the words after paragraph (b) omit “subject to section 97C,”;

Sch 11 para 9(b)

in subsection (2), in the words before paragraph (a) omit “, issue”;

Sch 11 para 9(c)

omit subsections (3) to (5);

Sch 11 para 9(d)

omit subsection (7).

Sch 11 para 10 — Stamp duty reserve tax

In section 95A (depositary receipts: exception for replacement securities)—

Sch 11 para 10(a)

in subsection (1) omit “, issue”;

Sch 11 para 10(b)

in subsection (3)—

Sch 11 para 10(b)(i)

in paragraph (a), in the words before sub-paragraph (i) omit “, issue”;

Sch 11 para 10(b)(ii)

in paragraph (b) omit “or (3)”;

Sch 11 para 10(c)

in subsection (4), in paragraph (a) omit “, issued”.

Sch 11 para 11 — Stamp duty reserve tax
Sch 11 para 11(1)

Before section 96 (SDRT: clearance services) insert— .

Sch 11 para 11(2)

In section 96—

Sch 11 para 11(2)(a)

in the heading, at the end insert “: 1.5% charge”;

Sch 11 para 11(2)(b)

in subsection (1)—

Sch 11 para 11(2)(b)(i)

in the words before paragraph (a) omit “Subject to subsection (5) below and sections 97 and 97A below,”;

Sch 11 para 11(2)(b)(ii)

in paragraph (b) omit “or issued”;

Sch 11 para 11(2)(c)

after that subsection insert— ;

Sch 11 para 11(2)(d)

in subsection (2) omit paragraph (a);

Sch 11 para 11(2)(e)

omit subsection (8).

Sch 11 para 12 — Stamp duty reserve tax
Sch 11 para 12(1)

Section 97 (clearance services: exceptions) is amended as follows.

Sch 11 para 12(2)

In subsection (1), in the words after paragraph (b) omit “subject to section 97C,”.

Sch 11 para 12(3)

In subsection (3), in the words before paragraph (a) omit “or issue”.

Sch 11 para 12(4)

Omit subsections (4) to (6).

Sch 11 para 13 — Stamp duty reserve tax
Sch 11 para 13(1)

Section 97AA (clearance services: further exception) is renumbered section 97ZA.

Sch 11 para 13(2)

In that section—

Sch 11 para 13(2)(a)

in the heading, for “further exception” substitute “exception for replacement securities”;

Sch 11 para 13(2)(b)

in subsection (1) omit “or issue”;

Sch 11 para 13(2)(c)

in subsection (3)—

Sch 11 para 13(2)(c)(i)

in paragraph (a), in the words before sub-paragraph (i) omit “or issue”;

Sch 11 para 13(2)(c)(ii)

in paragraph (b) omit “or (4)”;

Sch 11 para 13(2)(d)

in subsection (4), in paragraph (a) omit “or issued”.

Sch 11 para 14 — Stamp duty reserve tax
Sch 11 para 14(1)

Section 97A (clearance services: election for alternative system of charge) is amended as follows.

Sch 11 para 14(2)

In subsection (3), in paragraph (a) omit “or issue”.

Sch 11 para 14(3)

In subsection (4), in both places omit “, issue”.

Sch 11 para 15 — Stamp duty reserve tax

After section 97A insert—

Sch 11 para 16 — Stamp duty reserve tax

In section 97B (transfer between depositary receipt system and clearance system) omit subsection (1A).

Sch 11 para 17 — Stamp duty reserve tax

Omit section 97C (transfers to non-EU depositary receipt and clearance services systems).

Sch 11

Bearer instruments

Sch 11 para 18

In section 79 of FA 1986 (stamp duty: loan capital: new provisions), in subsection (2)—

Sch 11 para 18(a)

omit “on the issue of an instrument which relates to loan capital or”;

Sch 11 para 18(b)

for “such an instrument” substitute “an instrument which relates to loan capital”.

Sch 11 para 19
Sch 11 para 19(1)

Schedule 15 to FA 1999 (stamp duty: bearer instruments) is amended as follows.

Sch 11 para 19(2)

Omit paragraph 1 (charge on issue of instrument) and the italic heading before it.

Sch 11 para 19(3)

In paragraph 2 (charge on transfers of stock by means of instrument), in the words before paragraph (a) omit “duty was not chargeable under paragraph 1 on the issue of the instrument and”.

Sch 11 para 19(4)

In paragraph 4 (1.5% rate of duty) omit “or 6”.

Sch 11 para 19(5)

Omit paragraph 7 (ascertainment of market value for charge on issue of instrument).

Sch 11 para 19(6)

In paragraph 17 (exemption for issue of instruments relating to non-sterling stock), in sub-paragraph (1)—

Sch 11 para 19(6)(a)

in the words before paragraph (a) omit “the issue of”;

Sch 11 para 19(6)(b)

omit the words after paragraph (b).

Sch 11 para 19(7)

Omit the italic heading before paragraph 21.

Sch 11 para 19(8)

Omit paragraph 21 (procedure for stamping instruments where duty chargeable on issue).

Sch 11 para 19(9)

Omit paragraph 22 (consequences of default in complying with procedure for stamping).

Sch 11

Minor and consequential amendments

Sch 11 para 20

In section 131 of FA 1976 (Inter-American Development Bank), in subsection (3) omit “on the issue of any instrument by the Bank or”.

Sch 11 para 21
Sch 11 para 21(1)

In section 126 of FA 1984 (tax exemptions in relation to designated international organisations), subsection (3) is amended as follows.

Sch 11 para 21(2)

In paragraph (c) omit “on the issue of any instrument by the organisation or”.

Sch 11 para 21(3)

Omit paragraph (d).

Sch 11 para 22

In section 99 of FA 1986 (interpretation), in subsection (10), in the words before paragraph (a), for “97AA” substitute “97ZA”.

Sch 11 para 23
Sch 11 para 23(1)

Section 50 of FA 1987 (warrants to purchase Government stock etc) is amended as follows.

Sch 11 para 23(2)

In subsection (2)—

Sch 11 para 23(2)(a)

omit paragraph (a);

Sch 11 para 23(2)(b)

in paragraph (b), for “such an instrument” substitute “an instrument which relates to an interest, right or option within subsection (1)”.

Sch 11 para 23(3)

In subsection (3)—

Sch 11 para 23(3)(a)

omit paragraph (b);

Sch 11 para 23(3)(b)

in paragraph (c), for “under that Schedule” substitute “under Schedule 15 to the Finance Act 1999 (stamp duty: bearer instruments)”.

Sch 11 para 24
Sch 11 para 24(1)

Section 143 of FA 1988 (stamp duty: paired shares) is amended as follows.

Sch 11 para 24(2)

Omit subsections (2) and (3).

Sch 11 para 24(3)

In subsection (5), in paragraph (a), for “such as is mentioned in subsection (3)(a) above” substitute “for sale of such units to the public made at the same time and at a broadly equivalent price in a country other than the United Kingdom or the foreign country”.

Sch 11

Commencement and transitional provision

Sch 11 para 25 — Commencement

The amendments made by this Schedule have effect—

Sch 11 para 25(a)

as they apply for the purposes of stamp duty, in relation to instruments executed on or after 1 January 2024;

Sch 11 para 25(b)

as they apply for the purposes of stamp duty reserve tax, in relation to—

Sch 11 para 25(b)(i)

agreements to transfer chargeable securities made on or after that day;

Sch 11 para 25(b)(ii)

the transfer or issue of chargeable securities on or after that day.

Sch 11 para 26 — Transitional provision: depositary receipts: exception from SDRT for replacement securities
Sch 11 para 26(1)

This paragraph applies for the purposes of section 95A of FA 1986 (depositary receipts: exception for replacement securities) where the securities mentioned in subsection (3)(a) of that section were issued before 1 January 2024.

Sch 11 para 26(2)

The amendments made by paragraphs 7 and 10 are to be disregarded.

Sch 11 para 27 — Transitional provision: clearance services: exception from SDRT for replacement securities
Sch 11 para 27(1)

This paragraph applies for the purposes of section 97ZA of FA 1986 (clearance services: exception for replacement securities) where the securities mentioned in subsection (3)(a) of that section were issued before 1 January 2024.

Sch 11 para 27(2)

The amendments made by paragraphs 11 and 13 are to be disregarded.

Sch 11 para 28 — Transitional provision: bearer instruments
Sch 11 para 28(1)

Sub-paragraph (2) applies in relation to bearer instruments issued before 1 January 2024—

Sch 11 para 28(1)(a)

in the United Kingdom, or

Sch 11 para 28(1)(b)

outside the United Kingdom by or on behalf of a UK company.

Sch 11 para 28(2)

The amendment made by paragraph 19(3) is to be disregarded.

Sch 11 para 28(3)

In sub-paragraph (1) “bearer instrument” and “UK company” have the same meaning as in Schedule 15 to FA 1999 (see paragraphs 3 and 11 of that Schedule).

Sch 11 para 28(4)

Sub-paragraph (5) applies in relation to UK bearer instruments within the meaning of section 99(1A) of FA 1986 issued before 1 January 2024.

Sch 11 para 28(5)

The amendments made by paragraph 6(2) and (3) are to be disregarded.

Sch 11 para 29 — Transitional provision: warrants to purchase Government stock etc
Sch 11 para 29(1)

This paragraph applies in relation to securities constituted by or transferable by means of an instrument issued before 1 January 2024.

Sch 11 para 29(2)

The amendments made by paragraph 23 are to be disregarded.

Sch 12

Pillar Two

Sch 12

Introduction

Sch 12 para 1
Sch 12 para 1(1)

F(No.2)A 2023 is amended in accordance with Parts 2 to 4 of this Schedule.

Sch 12 para 1(2)

The amendments made by those Parts have effect for accounting periods beginning on or after 31 December 2023.

Sch 12

Multinational top-up tax

Sch 12 para 2 — Partnerships
Sch 12 para 2(1)

In section 122 (chargeable persons)—

Sch 12 para 2(1)(a)

in subsection (1)(a)(ii), omit “that is not a body corporate”,

Sch 12 para 2(1)(b)

in subsection (2)(c)(ii), omit “that is not a body corporate”, and

Sch 12 para 2(1)(c)

omit subsections (4) to (6).

Sch 12 para 2(2)

After section 232, insert—

Sch 12 para 2(3)

In section 259 (other definitions), in subsection (1) at the appropriate place insert—

Sch 12 para 2(4)

After section 268 insert—

Sch 12 para 2(5)

In section 269 (chargeable persons for domestic top-up tax)—

Sch 12 para 2(5)(a)

in subsection (1)—

Sch 12 para 2(5)(a)(i)

in paragraph (a), omit “that is not a body corporate”, and

Sch 12 para 2(5)(a)(ii)

in paragraph (b), omit “that is not a body corporate” in the second place it occurs, and

Sch 12 para 2(5)(b)

omit subsections (4) to (6).

Sch 12 para 2(6)

In Schedule 14 (administration of multinational top-up tax)—

Sch 12 para 2(6)(a)

in paragraph 3—

Sch 12 para 2(6)(a)(i)

in paragraph (a) of sub-paragraph (2), omit “or a limited liability partnership”,

Sch 12 para 2(6)(a)(ii)

in that sub-paragraph, omit paragraph (c), and

Sch 12 para 2(6)(a)(iii)

for sub-paragraph (3) substitute— ,

Sch 12 para 2(6)(b)

after paragraph 37 insert— , and

Sch 12 para 2(6)(c)

in paragraph 39—

Sch 12 para 2(6)(c)(i)

omit the “or” after paragraph (a) in sub-paragraph (1),

Sch 12 para 2(6)(c)(ii)

after that paragraph insert— , and

Sch 12 para 2(6)(c)(iii)

in sub-paragraph (2), after paragraph (a) insert— .

Sch 12 para 2(7)

In Schedule 17 (index of defined expressions), in the table, at the appropriate places insert— ; ; .

Sch 12 para 3 — Qualifying non-profit subsidiaries

In section 127 (excluded entities), in subsection (5)—

Sch 12 para 3(a)

for paragraph (b) substitute— , and

Sch 12 para 3(b)

omit paragraph (c) (and the “and” after it).

Sch 12 para 4 — Charging permanent establishments of intermediate/partially-owned parent members
Sch 12 para 4(1)

Section 128 (responsible members) is amended as follows.

Sch 12 para 4(2)

In subsection (3), for paragraph (c) substitute—

Sch 12 para 4(3)

In subsection (4), after “for” insert .

Sch 12 para 4(4)

In subsection (5), for paragraph (b) substitute—

Sch 12 para 4(5)

In subsection (6), after “for” insert .

Sch 12 para 4(6)

In section 232, after subsection (3) insert—

Sch 12 para 5 — De-merged groups
Sch 12 para 5(1)

Section 131 (whether de-merged groups meet the revenue threshold) is amended as follows.

Sch 12 para 5(2)

In subsection (1), omit “if” in the second place it occurs (immediately following “A de-merged group meets condition A”).

Sch 12 para 5(3)

For subsection (2) substitute—

Sch 12 para 6 — Adjustment for changes in accounting policies and prior period errors

In section 146 (adjustment for changes in accounting policies and prior period errors), in paragraph (b), for the words from “correction”, in the second place it occurs, to the end substitute “error results in a recalculation under section 217(5) (post filing adjustments of covered taxes)”.

Sch 12 para 7 — Pension expense

For section 147 (accrued pension expense) substitute—

Sch 12 para 8 — Tax credits
Sch 12 para 8(1)

After section 147 insert—

Sch 12 para 8(2)

In section 148 (treatment of qualifying refundable tax credits)—

Sch 12 para 8(2)(a)

in the heading, for “Treatment” substitute “Meaning”,

Sch 12 para 8(2)(b)

omit subsection (1), and

Sch 12 para 8(2)(c)

in subsection (4)(b), omit “tax”.

Sch 12 para 8(3)

After that section insert—

Sch 12 para 8(4)

In section 175 (amounts excluded from covered tax balance), in subsection (2), in paragraph (c), after “credit”, in the second place it occurs, insert “, or in respect of a marketable transferable tax credit,”.

Sch 12 para 8(5)

In section 176 (amounts to be reflected in covered tax balance), in subsection (2)—

Sch 12 para 8(5)(a)

in paragraph (d), in sub-paragraph (i), after “credit” insert “or a marketable transferable tax credit”, and

Sch 12 para 8(5)(b)

in paragraph (e), after “credit” insert “or a marketable transferable tax credit”.

Sch 12 para 8(6)

After section 176 insert—

Sch 12 para 9 — Adjustments for companies in distress
Sch 12 para 9(1)

Section 151 (adjustments for companies in distress) is amended as follows.

Sch 12 para 9(2)

In subsection (1)—

Sch 12 para 9(2)(a)

in the words before paragraph (a), after “group” insert “for an accounting period”,

Sch 12 para 9(2)(b)

omit the “and” after paragraph (a),

Sch 12 para 9(2)(c)

after that paragraph insert— , and

Sch 12 para 9(2)(d)

after paragraph (b) insert

Sch 12 para 9(3)

In subsection (6)(c) for “deferred tax assets” substitute “local tax attributes”.

Sch 12 para 9(4)

After subsection (6) insert—

Sch 12 para 9(5)

For subsection (7) substitute—

Sch 12 para 9(6)

After that subsection insert—

Sch 12 para 10 — Adjustments where life assurance business carried on
Sch 12 para 10(1)

Section 152 is amended as follows.

Sch 12 para 10(2)

In subsection (2), for “formed part of the member’s tax expense amount” substitute “been included in the member’s covered tax balance”.

Sch 12 para 10(3)

For subsection (4) substitute—

Sch 12 para 11 — Exclusion of certain insurance reserve movement expense

In section 153 (exclusion of certain insurance reserve movement expense), in subsection (1) after “excluded dividends” insert “falling within section 141(2)(b)”.

Sch 12 para 12 — Permanent establishment income and expense attribution
Sch 12 para 12(1)

Section 159 (permanent establishment income and expense attribution) is amended as follows.

Sch 12 para 12(2)

In subsection (1), for the words from “only” to the end substitute “—

Sch 12 para 12(3)

In subsection (2), for the words from “only” to the end substitute

Sch 12 para 12(4)

In subsection (3), for the words from “only” to the end substitute

Sch 12 para 12(5)

After that subsection insert—

Sch 12 para 13 — Election to spread certain capital gains
Sch 12 para 13(1)

Section 163 (election to spread capital gains over five years) is amended as follows.

Sch 12 para 13(2)

In subsection (1), for “collectively” substitute “and those preceding periods are referred to collectively as”.

Sch 12 para 13(3)

In subsection (2)—

Sch 12 para 13(3)(a)

for Step 1 substitute— , and

Sch 12 para 13(3)(b)

for Steps 9 to 11 substitute—

Sch 12 para 13(4)

In subsection (3), omit “standard”.

Sch 12 para 14 — Transparent entities etc
Sch 12 para 14(1)

Section 168 (underlying profits of transparent and reverse hybrid entities) is amended in accordance with sub-paragraphs (2) to (8).

Sch 12 para 14(2)

In subsection (2), in paragraph (b), after territory insert “as a result of being tax resident in that territory”.

Sch 12 para 14(3)

In subsection (3), after “entity” insert “or individual”.

Sch 12 para 14(4)

In subsection (6), in paragraph (a), after “is” insert “an entity that is”

Sch 12 para 14(5)

For subsection (9) substitute—

Sch 12 para 14(6)

In subsection (10), after “entity” insert “or an individual”.

Sch 12 para 14(7)

In subsection (11), in the words before paragraph (a), for “is located” substitute “was created, R is not tax resident in any territory”.

Sch 12 para 14(8)

After that subsection insert—

Sch 12 para 14(9)

In section 170 (adjustments for ultimate parent that is a flow-through entity)—

Sch 12 para 14(9)(a)

in subsection (2), for “an ownership interest (direct or indirect)” substitute “a direct ownership interest”, and

Sch 12 para 14(9)(b)

after that subsection insert—

Sch 12 para 14(10)

In section 238 (tax transparency of entities)—

Sch 12 para 14(10)(a)

for “if” substitute “to the extent that”, and

Sch 12 para 14(10)(b)

for “and”, in both places it occurs, substitute “or”.

Sch 12 para 15 — Covered taxes

In section 173 (covered taxes), in subsection (1)(c) for “of the member” substitute “in which the tax is imposed”.

Sch 12 para 16 — Tax equity partnerships
Sch 12 para 16(1)

After section 176C (as inserted by paragraph 8), insert—

Sch 12 para 16(2)

In Schedule 15 (elections), in paragraph 2(1), before paragraph (a) insert— .

Sch 12 para 17 — Reallocation of tax expense
Sch 12 para 17(1)

In section 177 (permanent establishments), in subsection (1), after “establishment”, in the second place it occurs, insert “(and is to be regarded as qualifying current tax expense of the permanent establishment for the purposes of applying section 175(2)(a))”.

Sch 12 para 17(2)

Section 178 (reallocation of tax expense) is amended as follows.

Sch 12 para 17(3)

In subsection (1), in the words after paragraph (b) after “qualifying” insert “current”.

Sch 12 para 17(4)

After subsection (1) insert—

Sch 12 para 17(5)

In subsection (2), in the words before Step 1, after “O” insert “(under subsections (1) and (1A))”.

Sch 12 para 17(6)

After subsection (4) insert—

Sch 12 para 17(7)

In section 179 (controlled foreign company tax regimes)—

Sch 12 para 17(7)(a)

after subsection (1) insert—

Sch 12 para 17(7)(b)

after subsection (3) insert—

Sch 12 para 18 — Controlled foreign company tax regimes
Sch 12 para 18(1)

Section 179 (controlled foreign company tax regimes) is amended as follows.

Sch 12 para 18(2)

In subsection (1), in paragraph (b), for “controlled foreign company” substitute “CFC entity”.

Sch 12 para 18(3)

In subsection (4), after the definition of “controlled foreign company tax regime” insert— .

Sch 12 para 18(4)

In section 180 (blended CFC regimes)—

Sch 12 para 18(4)(a)

in subsection (2)(b), omit “blended”,

Sch 12 para 18(4)(b)

in subsection (4), omit “blended” in the third place it occurs,

Sch 12 para 18(4)(c)

in subsection (5)—

Sch 12 para 18(4)(c)(i)

in the words before paragraph (a), omit “blended” in the second place it occurs, and

Sch 12 para 18(4)(c)(ii)

in paragraph (b), omit “blended”,

Sch 12 para 18(4)(d)

in subsection (6)(a), omit “blended”,

Sch 12 para 18(4)(e)

in subsection (8)—

Sch 12 para 18(4)(e)(i)

in the words before paragraph (a), omit “blended”, and

Sch 12 para 18(4)(e)(ii)

in paragraph (b), in the words before sub-paragraph (i), omit “blended”, and

Sch 12 para 18(4)(f)

omit subsection (10).

Sch 12 para 18(5)

In Schedule 17 (index of defined expressions), in the table, at the appropriate place insert— .

Sch 12 para 19 — Blended CFC regimes
Sch 12 para 19(1)

Section 180 (blended CFC regimes) is amended as follows.

Sch 12 para 19(2)

In subsection (5)(a), after “C” insert “in relation to the CFC entity”.

Sch 12 para 19(3)

In subsection (7)—

Sch 12 para 19(3)(a)

after “C” insert “in relation to a CFC entity in which C has an ownership interest”, and

Sch 12 para 19(3)(b)

for “F” substitute “the entity”.

Sch 12 para 19(4)

In subsection (8)(b) for sub-paragraph (ii) substitute— .

Sch 12 para 20 — Qualifying foreign tax credits (substitute loss carry forward assets)
Sch 12 para 20(1)

Section 183 (substitute loss carry forward assets) is amended as follows.

Sch 12 para 20(2)

In subsection (3), in paragraph (b), for “in respect of which the foreign tax was calculated” substitute “in the territory in which the member is located”.

Sch 12 para 20(3)

In subsection (4), after “qualifying” insert “foreign”.

Sch 12 para 20(4)

In subsection (5), after “section” insert “and in section 183A“

Sch 12 para 20(5)

After section 183 insert—

Sch 12 para 21 — Substance based income exclusion: inter-jurisdictional employees and assets
Sch 12 para 21(1)

In section 196 (eligible payroll costs)—

Sch 12 para 21(1)(a)

in subsection (1), in paragraph (c) for “those activities are substantially performed” substitute “at least some of the work is carried out”, and

Sch 12 para 21(1)(b)

after that subsection insert—

Sch 12 para 21(2)

In section 197 (eligible tangible asset amounts) after subsection (6) insert—

Sch 12 para 22 — Substance based income exclusion: inclusion of payroll costs and assets voluntary
Sch 12 para 22(1)

In section 196, in subsection (1)—

Sch 12 para 22(1)(a)

omit the “and” after paragraph (c), and

Sch 12 para 22(1)(b)

at the end of paragraph (d) insert

Sch 12 para 22(2)

In section 197, in subsection (5)—

Sch 12 para 22(2)(a)

in the words before paragraph (a), omit “it is”,

Sch 12 para 22(2)(b)

in paragraph (a), at the beginning insert “it is”,

Sch 12 para 22(2)(c)

omit the “and” after that paragraph,

Sch 12 para 22(2)(d)

in paragraph (b), at the beginning insert “it is”, and

Sch 12 para 22(2)(e)

at the end of that paragraph insert

Sch 12 para 23 — Substance based income exclusion: impairment losses

In section 197(4)—

Sch 12 para 23(a)

omit the “and” after paragraph (b), and

Sch 12 para 23(b)

after paragraph (c) insert— .

Sch 12 para 24 — Substance based income exclusion: dual use assets

In section 197, after subsection (7) insert—

Sch 12 para 25 — Substance based income exclusion: leases
Sch 12 para 25(1)

In section 195 (calculation of substance based income exclusion), after subsection (7) insert—

Sch 12 para 25(2)

After section 197 insert—

Sch 12 para 26 — Substance based income exclusion: power to make further provision

After section 198 insert—

Sch 12 para 27 — Transfer of assets or liabilities to a member of a multinational group

In section 211 (transfer of assets or liabilities to a member of a multinational group)—

Sch 12 para 27(a)

for subsection (1) substitute— , and

Sch 12 para 27(b)

in subsection (2)(a), for “subsection (1)(b) applies” substitute “subsection (1C) applies in relation”.

Sch 12 para 28 — Investment entity tax transparency election

In section 213 (investment entity tax transparency election), after subsection (6) insert—

Sch 12 para 29 — Meaning of country-by-country report
Sch 12 para 29(1)

After section 251 insert—

Sch 12 para 29(2)

In Schedule 16 (transitional provision), in paragraph 3, for sub-paragraphs (7) and (8) substitute—

Sch 12 para 29(3)

In section 276(b)(i) (application of transitional provision for domestic top-up tax purposes), for “and (8)” substitute “to (9)”.

Sch 12 para 30 — Joint ventures

In section 227 (application of Part to joint venture groups), in subsection (2) for “the multinational group” substitute “each multinational group”.

Sch 12 para 31 — Insurance investment entities
Sch 12 para 31(1)

Section 236 (investment funds and investment entities) is amended as follows.

Sch 12 para 31(2)

In subsection (2)—

Sch 12 para 31(2)(a)

omit paragraph (b),

Sch 12 para 31(2)(b)

for paragraph (c) substitute— , and

Sch 12 para 31(2)(c)

for paragraph (e) substitute—

Sch 12 para 31(3)

After that subsection insert—

Sch 12 para 32 — Location of entities
Sch 12 para 32(1)

In section 239(6)—

Sch 12 para 32(1)(a)

in paragraph (c), omit “(3) or”, and

Sch 12 para 32(1)(b)

in the words after paragraph (d), for “and 126” substitute “, 128 and 129”.

Sch 12 para 32(2)

In section 240 (location of flow-through entities), for subsection (1) substitute—

Sch 12 para 33 — Currency
Sch 12 para 33(1)

For section 254 (use of currency) substitute—

Sch 12 para 33(2)

In section 123 (amount charged by reference to “top-up amounts”), for Step 4 substitute—

Sch 12 para 34 — Application of Pillar Two rules to members of a group
Sch 12 para 34(1)

In section 255 (meaning of Pillar Two rules)—

Sch 12 para 34(1)(a)

after subsection (2) insert— ,

Sch 12 para 34(1)(b)

in subsection (3)—

Sch 12 para 34(1)(b)(i)

for the words before paragraph (a) substitute “Condition A is met if—”,

Sch 12 para 34(1)(b)(ii)

in paragraph (a), after “multinational group” insert “for the accounting period”, and

Sch 12 para 34(1)(b)(iii)

in paragraph (b), after “multinational group” insert “for the accounting period”, and

Sch 12 para 34(1)(c)

after that subsection insert—

Sch 12 para 34(2)

In paragraph 2 of Schedule 16 (intra-group transfers before entry into regime)—

Sch 12 para 34(2)(a)

in sub-paragraph (1), for paragraph (b) substitute— ,

Sch 12 para 34(2)(b)

in sub-paragraph (4)(b)—

Sch 12 para 34(2)(b)(i)

in the words before sub-paragraph (i), after “which” insert “the Pillar Two rules apply to the transferee.”, and

Sch 12 para 34(2)(b)(ii)

omit sub-paragraphs (i) and (ii),

Sch 12 para 34(2)(c)

in sub-paragraph (6), in paragraph (a) of Step 2, for paragraph (a) substitute— , and

Sch 12 para 34(2)(d)

in sub-paragraph (11)—

Sch 12 para 34(2)(d)(i)

the words from ““a transfer” to the end become paragraph (a), and

Sch 12 para 34(2)(d)(ii)

after that paragraph insert—

Sch 12 para 34(3)

In paragraph 3 of that Schedule—

Sch 12 para 34(3)(a)

in sub-paragraph (2)(c)(ii), for “applied to members” substitute “would, ignoring any transitional safe harbour election, have applied to any member”, and

Sch 12 para 34(3)(b)

omit sub-paragraph (4).

Sch 12 para 35 — Qualifying domestic top-up tax not treated as accruing
Sch 12 para 35(1)

After section 256 insert—

Sch 12 para 35(2)

In section 194 (total top-up amount for a territory), in subsection (3), for “section 256” substitute “sections 256 and 256A”.

Sch 12 para 36 — Consistency with Pillar Two rules

In section 262 (power to amend to ensure consistency with Pillar Two) after subsection (1) insert—

Sch 12 para 37 — Overpaid tax
Sch 12 para 37(1)

Schedule 14 is amended as follows.

Sch 12 para 37(2)

In paragraph 51 (claims in relation to overpaid tax)—

Sch 12 para 37(2)(a)

in sub-paragraph (5)—

Sch 12 para 37(2)(a)(i)

omit the words from “otherwise” to “paragraph,”, and

Sch 12 para 37(2)(a)(ii)

after “due” insert “otherwise than— , and

Sch 12 para 37(2)(b)

omit sub-paragraphs (6) and (7).

Sch 12 para 37(3)

After paragraph 33 insert—

Sch 12 para 38 — Intragroup transfers before entry into regime
Sch 12 para 38(1)

Paragraph 2 of Schedule 16 (intra-group transfers before entry into regime) is amended as follows.

Sch 12 para 38(2)

In sub-paragraph (3)(b), after “limited to” insert “the lesser of the cap amount and the sum of— .

Sch 12 para 38(3)

After that sub-paragraph insert—

Sch 12 para 38(4)

In sub-paragraph (5)(b), for “is” substitute “, and the value of deferred tax assets that arose in relation to the assets before their transfer, are”.

Sch 12 para 38(5)

For sub-paragraph (7) substitute—

Sch 12 para 38(6)

In sub-paragraph (9)—

Sch 12 para 38(6)(a)

for “, ignoring sub-paragraph (7),” substitute “the sum of”,

Sch 12 para 38(6)(b)

for “in relation to the transfer of assets would exceed” substitute “and the value of deferred tax assets that arose in relation to the assets before their transfer is greater than”, and

Sch 12 para 38(6)(c)

omit “in relation to it”.

Sch 12 para 38(7)

In sub-paragraph (11), for “substantially the same economic effect as” substitute “a similar effect for accounting purposes to”.

Sch 12 para 38(8)

After sub-paragraph (11) insert—

Sch 12 para 39 — Transitional safe harbour
Sch 12 para 39(1)

Part 2 of Schedule 16 (transitional safe harbour) is amended as follows.

Sch 12 para 39(2)

In paragraph 3, for sub-paragraph (1) substitute—

Sch 12 para 39(3)

In paragraph 4—

Sch 12 para 39(3)(a)

in sub-paragraph (3)—

Sch 12 para 39(3)(a)(i)

omit the “and” after paragraph (b), and

Sch 12 para 39(3)(a)(ii)

after paragraph (c) insert , and

Sch 12 para 39(3)(b)

in sub-paragraph (5), in the words before paragraph (a), for “(c)” substitute “(d)”.

Sch 12 para 39(4)

In paragraph 6(6), for “if” substitute “unless”.

Sch 12 para 40 — Transitional reporting election
Sch 12 para 40(1)

In Schedule 16 (transitional provision), at the end insert—

Sch 12 para 40(2)

In Schedule 15 (elections), in paragraph 2(1), after paragraph (j) insert— .

Sch 12 para 41 — Qualifying domestic top-up tax safe harbour
Sch 12 para 41(1)

After Schedule 16 insert—

Sch 12 para 41(2)

In section 227 (application of Part to joint venture groups), in subsection (1), in the words before paragraph (a), for “Schedule 16” substitute “Schedules 16 and 16A”.

Sch 12 para 41(3)

For section 260 (transitional provision) substitute—

Sch 12 para 41(4)

In Schedule 15 (elections), in paragraph 2(1), after paragraph (k) (as inserted by paragraph 40(2) of this Schedule) insert—

Sch 12

Domestic top-up tax

Sch 12 para 42 — Securitisation entities
Sch 12 para 42(1)

In section 267 (DTT excluded entities)—

Sch 12 para 42(1)(a)

after subsection (3) insert—

Sch 12 para 42(1)(b)

in subsection (4)—

Sch 12 para 42(1)(b)(i)

the words from ““qualifying” to the end become the first definition, and

Sch 12 para 42(1)(b)(ii)

after that definition insert—

Sch 12 para 42(2)

After section 267 insert—

Sch 12 para 42(3)

After section 272 insert—

Sch 12 para 43 — Investment entities
Sch 12 para 43(1)

In section 267—

Sch 12 para 43(1)(a)

in subsection (2), after “subsection (1)” insert “or (3B)(b)”, and

Sch 12 para 43(1)(b)

after subsection (3A) (as inserted by paragraph 42) insert—

Sch 12 para 43(2)

In consequence of the amendments made by sub-paragraph (1), in section 266(1) (qualifying entities) omit “or an investment entity”.

Sch 12 para 43(3)

In section 272 (determining top-up amounts of entity that is a member of a group)—

Sch 12 para 43(3)(a)

in subsection (8), in paragraph (e)—

Sch 12 para 43(3)(a)(i)

after “effect” insert “in relation to a qualifying entity that is a standard member of a group” and

Sch 12 para 43(3)(a)(ii)

after “of” insert “qualifying”, and

Sch 12 para 43(3)(b)

after that subsection insert—

Sch 12 para 44 — Treatment of qualifying refundable tax credits
Sch 12 para 44(1)

In section 272(8), after paragraph (d) insert— .

Sch 12 para 44(2)

In section 273(3) (determining top-up amounts of entity that is not a member of a group), after paragraph (b) insert— .

Sch 12 para 45 — Effect of becoming subject to Pillar Two rules
Sch 12 para 45(1)

After section 273 insert—

Sch 12 para 45(2)

In section 276 (application of transitional provision)—

Sch 12 para 45(2)(a)

after paragraph (a) insert— , and

Sch 12 para 45(2)(b)

in paragraph (c), after sub-paragraph (iii) insert— .

Sch 12 para 46 — Dividends from protected cell companies

After section 273B (as inserted by paragraph 45) insert—

Sch 12 para 47 — Consistency with Pillar Two rules
Sch 12 para 47(1)

In section 262(1) (power to amend to ensure consistency with Pillar Two)—

Sch 12 para 47(1)(a)

in paragraph (a), for “or of Schedule 14 to Schedule 16” substitute “, Part 4 or any of Schedules 14 to 16A and 18”, and

Sch 12 para 47(1)(b)

in paragraph (b), for “or Schedule 14 to Schedule 17” substitute “, Part 4 or any of Schedules 14 to 18”.

Sch 12 para 47(2)

In consequence of the amendments made by sub-paragraph (1), omit section 274 (application of section 262).

Sch 12

Minor and technical changes

Sch 12 para 48 — Chapter 2 of Part 3 (qualifying multinational groups and their members)
Sch 12 para 48(1)

In section 127(12) (excluded entities) for “pensions service” substitute “pension services”.

Sch 12 para 48(2)

In section 128 (responsible members)—

Sch 12 para 48(2)(a)

in subsection (2)—

Sch 12 para 48(2)(a)(i)

for “its members” substitute “the members of the group”, and

Sch 12 para 48(2)(a)(ii)

for “it” substitute “the ultimate parent”, and

Sch 12 para 48(2)(b)

in subsection (7)—

Sch 12 para 48(2)(b)(i)

in the words before paragraph (a), after “tax” insert “for an accounting period”,

Sch 12 para 48(2)(b)(ii)

in paragraph (a), at the beginning insert “the period commences on or after 31 December 2023 and”, and

Sch 12 para 48(2)(b)(iii)

in paragraph (b), in sub-paragraph (i), after “force” insert “for the period”.

Sch 12 para 48(3)

In section 130 (change in composition of multinational group), in subsection (5)—

Sch 12 para 48(3)(a)

after “in” insert “all, or substantially all, of the members of”, and

Sch 12 para 48(3)(b)

after “becoming” insert “members of”.

Sch 12 para 49 — Chapter 3 of Part 3 (effective tax rate)
Sch 12 para 49(1)

In section 132(2) (effective tax rate), in the words after paragraph (c) for “164” substitute “174”.

Sch 12 para 50 — Chapter 4 of Part 3 (calculation of adjusted profits)
Sch 12 para 50(1)

In section 138(1) (profits adjusted to be before tax), omit “its”.

Sch 12 para 50(2)

In section 140 (profits adjusted to be profits before certain purchase accounting adjustments)—

Sch 12 para 50(2)(a)

in subsection (2), for “shares” substitute “ownership interests”, and

Sch 12 para 50(2)(b)

in subsection (3)—

Sch 12 para 50(2)(b)(i)

for “shares” substitute “ownership interests”, and

Sch 12 para 50(2)(b)(ii)

for the words from “it” to the end substitute “the members of the group do not have sufficient records to identify the adjustment made with reasonable accuracy.”

Sch 12 para 50(3)

In section 142 (excluded equity gain or loss), in subsection (2)(b) omit “other than an interest to which subsection (3) applies,”.

Sch 12 para 50(4)

In section 149 (arm’s length requirement for certain transactions), in subsection (6) for “the member” substitute “both that member and the other member”.

Sch 12 para 50(5)

In section 150 (tax treatment of transactions between members of a multinational group)—

Sch 12 para 50(5)(a)

in subsection (6)—

Sch 12 para 50(5)(a)(i)

in paragraph (a), for “in the territory in which the member is located” substitute “that applies to the member”, and

Sch 12 para 50(5)(a)(ii)

in paragraph (b), for “that territory” substitute “the territory in which the member is located”, and

Sch 12 para 50(5)(b)

after that subsection insert—

Sch 12 para 50(6)

In section 165 (election to have excluded equity gains and losses included), in subsection (2)—

Sch 12 para 50(6)(a)

after the words before paragraph (a) insert— ,

Sch 12 para 50(6)(b)

the existing paragraphs (a) and (b) become sub-paragraphs (i) and (ii) of the paragraph (a) inserted above, and

Sch 12 para 50(6)(c)

at the end of sub-paragraph (ii) insert

Sch 12 para 51 — Chapter 5 of Part 3 (covered tax balance)
Sch 12 para 51(1)

In section 185(2)(a) (inclusion of existing deferred tax assets and liabilities on entry into regime), after “asset” insert “or liability”.

Sch 12 para 51(2)

In section 186 (deferred tax assets recorded at less than minimum rate)—

Sch 12 para 51(2)(a)

for subsection (2) substitute— , and

Sch 12 para 51(2)(b)

omit subsection (8).

Sch 12 para 51(3)

In section 187 (election for losses to be treated as special loss deferred tax assets), in subsection (6)—

Sch 12 para 51(3)(a)

for paragraph (b) substitute— , and

Sch 12 para 51(3)(b)

in the words after paragraph (b), for “where subsection (5) applies” substitute “in which the election has effect”.

Sch 12 para 52 — Chapter 6 of Part 3 (calculation of top-up amounts)
Sch 12 para 52(1)

In section 194 (total top-up amount for a territory), in subsection (3), for “in”, in the third place it occurs, substitute “for”.

Sch 12 para 52(2)

In section 196 (eligible payroll costs), in subsection (3), for ““Employee”” substitute “In this section “employee””.

Sch 12 para 52(3)

In section 197 (eligible tangible asset amount)—

Sch 12 para 52(3)(a)

for subsection (1) substitute— , and

Sch 12 para 52(3)(b)

omit subsection (2).

Sch 12 para 53 — Chapter 7 of Part 3 (allocating top-up amounts)
Sch 12 para 53(1)

Section 201 (inclusion ratio) is amended as follows.

Sch 12 para 53(2)

In subsection (1), in Step 2, after “held by” insert “individuals and”.

Sch 12 para 53(3)

In subsection (2)—

Sch 12 para 53(3)(a)

after “held by” insert “individuals and”, and

Sch 12 para 53(3)(b)

after “such” insert “individuals and”.

Sch 12 para 54 — Chapter 8 of Part 3 (further adjustments)
Sch 12 para 54(1)

In section 205 (election to carry forward and reduce collective additional amount)—

Sch 12 para 54(1)(a)

in subsection (1), after “amount” insert “under section 203”,

Sch 12 para 54(1)(b)

in subsection (2)(a)—

Sch 12 para 54(1)(b)(i)

after “amount”, in the second place it occurs, insert “under section 203”, and

Sch 12 para 54(1)(b)(ii)

for “those members” substitute “the members of the group in the relevant territory”,

Sch 12 para 54(1)(c)

in subsection (2)(b), after “amount”, in the first place it occurs, insert “under section 203”, and

Sch 12 para 54(1)(d)

in subsection (3), after “amount”, in the second place it occurs, insert “under section 203”.

Sch 12 para 54(2)

In section 217(8) (post filing adjustments of covered taxes), in paragraph (a), at the beginning insert “the reduction of the covered tax balance of the member for the prior period resulting from”.

Sch 12 para 55 — Chapter 9 of Part 3 (special provision for investment entities etc)
Sch 12 para 55(1)

In section 220(3) (top-up amount of investment entity) for “section 33(2)” substitute “that Chapter”.

Sch 12 para 55(2)

In section 221(4) (substance based income exclusion for investment entity), for “Schedule 12” substitute “Schedule 14”.

Sch 12 para 55(3)

In section 229(3) (multi-parent groups), for “section 127(3)” substitute “section 128(3)”.

Sch 12 para 56 — Chapter 10 of Part 3 (definitions etc)
Sch 12 para 56(1)

In section 231(1) (meaning of entity)—

Sch 12 para 56(1)(a)

after paragraph (a), insert “or”,

Sch 12 para 56(1)(b)

omit paragraphs (b) and (c), and

Sch 12 para 56(1)(c)

in paragraph (d)—

Sch 12 para 56(1)(c)(i)

omit “other”, and

Sch 12 para 56(1)(c)(ii)

after “the arrangement” insert “(such as a partnership or trust)”.

Sch 12 para 56(2)

In section 232(1)(a) (permanent establishments treated as entities), for “of the main entity” substitute “in which the main entity is located”.

Sch 12 para 56(3)

In section 235(1)(b) (pension funds and pension services entities), at the beginning insert “it is”.

Sch 12 para 56(4)

In section 244 (calculating percentage ownership interests of a class), in subsection (2)(a), after “by” insert “an individual or by”.

Sch 12 para 56(5)

In section 245 (calculating percentage ownership interests: excluded entities), in subsection (2), after “Where” insert “an individual or”.

Sch 12 para 56(6)

In section 246(1)(b)(ii) (calculating percentage direct and indirect ownership interests) for “E” substitute “F”.

Sch 12 para 56(7)

In section 248 (exclusion of indirect interests held through ultimate parent), after “entity” insert “or individual”.

Sch 12 para 56(8)

In section 249(2) (consolidated financial statements)—

Sch 12 para 56(8)(a)

for “an” substitute “the”, and

Sch 12 para 56(8)(b)

after “standard” insert “that is used as the basis for the statements that would have been prepared”.

Sch 12 para 56(9)

In section 252(3) (application to sovereign wealth funds), for “government” substitute “governmental”.

Sch 12 para 56(10)

In section 253 (refundable imputation taxes)—

Sch 12 para 56(10)(a)

in subsection (1)(a)(i)—

Sch 12 para 56(10)(b)

for “in respect of a dividend made by the member and is” substitute “as a result of a dividend made by the member,”, and

Sch 12 para 56(10)(c)

in subsection (2)(b)—

Sch 12 para 56(10)(c)(i)

in sub-paragraph (v), for the words from “, a resident pension fund” to the end substitute “or a resident pension fund”,

Sch 12 para 56(10)(c)(ii)

omit the “or” after that sub-paragraph, and

Sch 12 para 56(10)(c)(iii)

after that sub-paragraph insert— .

Sch 12 para 56(11)

In section 259 (other definitions), in subsection (1)—

Sch 12 para 56(11)(a)

at the appropriate place insert— , and

Sch 12 para 56(11)(b)

in the definition of “tax treaty”, for “agreement for” substitute “international agreement for, or provision of an international agreement concerned with,”.

Sch 12 para 57 — Part 4 (domestic top-up tax)
Sch 12 para 57(1)

In section 271 (election to make one member of a group liable for amounts charged)—

Sch 12 para 57(1)(a)

in subsection (1) for “responsible” substitute “elected”,

Sch 12 para 57(1)(b)

in subsection (2) for “responsible”, in both places it occurs, substitute “elected”, and

Sch 12 para 57(1)(c)

in subsection (3) for “responsible” substitute “elected”.

Sch 12 para 57(2)

In section 272 (determining top-up amounts of entity that is a member of a group), in subsection (8)(c)(i) for “after subsection (1) there were inserted” substitute “for subsection (1A) there were substituted”.

Sch 12 para 57(3)

In section 273 (determining top-up amounts of entity that is not a member of a group), in subsection (4)—

Sch 12 para 57(3)(a)

in the words before paragraph (a), after “domestic” insert “entity”,

Sch 12 para 57(3)(b)

in paragraph (e), for “subsection (2)(c)” substitute “subsection (3)(c)”,

Sch 12 para 57(3)(c)

after paragraph (p), insert— .

Sch 12 para 58 — Schedules 14 to 17
Sch 12 para 58(1)

In Schedule 14 (administration)—

Sch 12 para 58(1)(a)

in paragraph 6 (registration), after sub-paragraph (1) insert—

Sch 12 para 58(1)(b)

in paragraph 34 (group payment notices)—

Sch 12 para 58(1)(b)(i)

in sub-paragraph (2), for “the time the liability to tax arose” substitute “any time in the accounting period to which the amount payable relates”,

Sch 12 para 58(1)(b)(ii)

after that sub-paragraph insert— ,

Sch 12 para 58(1)(c)

in paragraph 35(1), for “ring-fenced entity”, in the second place it occurs, substitute “member of a ring-fenced body sub-group that the entity is a member of”,

Sch 12 para 58(1)(d)

in paragraph 36(3), for the words from “person” to the end substitute “recipient is not a person to whom the notice can be given (see paragraphs 34(2) and (2A) and 35(1)).”, and

Sch 12 para 58(1)(e)

in paragraph 37—

Sch 12 para 58(1)(e)(i)

in sub-paragraph (4)(b), after “for” insert “income tax or”, and

Sch 12 para 58(1)(e)(ii)

in sub-paragraph (6), for “payer” substitute “payee”.

Sch 12 para 58(2)

In Schedule 15 (elections)—

Sch 12 para 58(2)(a)

in paragraph 1(1), after paragraph (a) insert— , and

Sch 12 para 58(2)(b)

in paragraph 2(1)—

Sch 12 para 58(2)(b)(i)

after paragraph (e) insert— , and

Sch 12 para 58(2)(b)(ii)

after paragraph (f) insert— .

Sch 12 para 58(3)

In Schedule 16 (multinational top-up tax: transitional provision), in paragraph 10—

Sch 12 para 58(3)(a)

the existing words become sub-paragraph (1),

Sch 12 para 58(3)(b)

in the words before paragraph (a) of that sub-paragraph—

Sch 12 para 58(3)(b)(i)

for “section 226” substitute “section 227”, and

Sch 12 para 58(3)(b)(ii)

after “groups)” insert “, that Chapter has effect as if”,

Sch 12 para 58(3)(c)

in paragraph (a) of that sub-paragraph, for “3(2)(c)” substitute “3(2)(b)”, and

Sch 12 para 58(3)(d)

after that sub-paragraph insert—

Sch 12 para 58(4)

In Schedule 17 (index of defined expressions), in the table—

Sch 12 para 58(4)(a)

in the definition of “government entity”, for “government” substitute “governmental”,

Sch 12 para 58(4)(b)

in the definition of “pensions services entity” for “pensions” substitute “pension”, and

Sch 12 para 58(4)(c)

at the appropriate places insert— ; ; ; ; ; ; ; .

Sch 13

Promotion of tax avoidance schemes

Sch 13 para 1 — Disqualification for promoting tax avoidance

In CDDA 1986, after section 8ZE insert—

Sch 13 para 2 — Minor and consequential amendments
Sch 13 para 2(1)

CDDA 1986 is amended as follows.

Sch 13 para 2(2)

In section 1 (disqualification orders: general)—

Sch 13 para 2(2)(a)

in subsection (1), after “6” insert “, 8ZF”;

Sch 13 para 2(2)(b)

in subsection (2), for “and 8ZA” substitute “, 8ZA and 8ZF”.

Sch 13 para 2(3)

In section 1A (disqualification undertakings: general)—

Sch 13 para 2(3)(a)

in subsection (1)—

Sch 13 para 2(3)(a)(i)

for “and 8ZE” substitute “, 8ZE, 8ZF and 8ZG”, and

Sch 13 para 2(3)(a)(ii)

for “Secretary of State” substitute “appropriate authority”;

Sch 13 para 2(3)(b)

in subsection (2), for “or 8ZC” substitute “, 8ZC or 8ZF”;

Sch 13 para 2(3)(c)

in subsection (4), for “Secretary of State” substitute “appropriate authority”;

Sch 13 para 2(3)(d)

after subsection (4) insert—

Sch 13 para 2(4)

In section 8A (variation etc. of disqualification undertaking)—

Sch 13 para 2(4)(a)

after subsection (2) insert— ;

Sch 13 para 2(4)(b)

in subsection (3), in paragraph (b), for “or 8” substitute “, 8, 8ZF or 8ZG”.

Sch 13 para 2(5)

In section 12A (Northern Irish disqualification orders), in the words before paragraph (a), after “2002” insert “or made by the High Court of Northern Ireland under section 8ZF or 8ZG”.

Sch 13 para 2(6)

In section 12B (Northern Irish disqualification undertakings), in the words before paragraph (a), after “undertaking” insert “under section 8ZF or 8ZG so far as they extend to Northern Ireland or”.

Sch 13 para 2(7)

In section 12C (determining unfitness etc: matters to be taken into account)—

Sch 13 para 2(7)(a)

in subsection (1)—

Sch 13 para 2(7)(a)(i)

in paragraph (b), after “8” insert “, 8ZG”, and

Sch 13 para 2(7)(a)(ii)

in paragraph (c), after “6” insert “or 8ZF”;

Sch 13 para 2(7)(b)

after subsection (3) insert— ;

Sch 13 para 2(7)(c)

in subsection (4), after “Secretary of State” insert “or the officer (as the case may be)”.

Sch 13 para 2(8)

In section 16(4) (application for disqualification order: parties), after paragraph (b) insert— .

Sch 13 para 2(9)

In section 17 (application for leave under an order or undertaking)—

Sch 13 para 2(9)(a)

after subsection (3ZB) insert— ;

Sch 13 para 2(9)(b)

after subsection (5) insert—

Sch 13 para 2(10)

In section 18(2A) (disqualification undertakings to be included in register), after paragraph (a) insert— .

Sch 13 para 2(11)

In section 20 (admissibility in evidence of statements)—

Sch 13 para 2(11)(a)

in subsection (1), after “1986” insert “or under the 1989 Order”;

Sch 13 para 2(11)(b)

in subsection (3)—

Sch 13 para 2(11)(b)(i)

omit the “or” at the end of paragraph (c);

Sch 13 para 2(11)(b)(ii)

at the end of paragraph (d), insert ;

Sch 13 para 2(11)(c)

after subsection (4) insert—

Sch 13 para 2(12)

In section 21 (interaction with Insolvency Act 1986)—

Sch 13 para 2(12)(a)

in the heading, after “1986” insert “etc”;

Sch 13 para 2(12)(b)

after subsection (4) insert—

Sch 13 para 2(13)

In section 22 (interpretation), after subsection (2A) insert—

Sch 13 para 2(14)

In section 22H (application of Act to protected cell companies)—

Sch 13 para 2(14)(a)

in subsection (1)(a), at the beginning, insert “so far as this section extends to England and Wales and Scotland,”,

Sch 13 para 2(14)(b)

after subsection (1)(a) insert—

Sch 13 para 2(14)(c)

in subsection (4)(j), at the beginning insert “so far as this section extends to England and Wales and Scotland,”;

Sch 13 para 2(14)(d)

after subsection (4)(j), insert—

Sch 13 para 2(15)

In section 24 (extent), after subsection (2) insert—

Sch 13 para 3 — Minor and consequential amendments

In the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), in the heading of Article 17, for “in Great Britain” substitute “under the Company Directors Disqualification Act 1986”.

Sch 13 para 4 — Extent
Sch 13 para 4(1)

The amendments made by paragraph 1 extend to England and Wales, Scotland and Northern Ireland.

Sch 13 para 4(2)

The amendments made by paragraph 2 extend to—

Sch 13 para 4(2)(a)

England and Wales and Scotland, and

Sch 13 para 4(2)(b)

Northern Ireland, so far as relating to applications and orders made, and undertakings accepted, under sections 8ZF or 8ZG of CDDA 1986 (inserted by paragraph 1).

Sch 13 para 4(3)

The other provisions of CDDA 1986, except for sections 13 to 15 (consequences of contravention), extend to Northern Ireland (as well as England and Wales and Scotland) so far as relating to applications and orders made, and undertakings accepted, under section 8ZF or 8ZG.

Sch 13 para 5 — Practice and procedure
Sch 13 para 5(1)

The procedural rules for applications under section 8 of CDDA 1986 apply to HMRC disqualification applications as they apply to applications by the Secretary of State, subject to any necessary modifications.

Sch 13 para 5(2)

The procedural rules for applications under Article 11 of the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) apply to HMRC disqualification applications as they apply to applications by the Department for the Economy in Northern Ireland, subject to any necessary modifications.

Sch 13 para 5(3)

Sub-paragraphs (1) and (2) apply only if, and to the extent that, there are not otherwise procedural rules for HMRC disqualification applications.

Sch 13 para 5(4)

In this paragraph—

Sch 13 para 5(4)(a)

the “procedural rules” for applications of a particular kind are the rules, regulations or practice directions for the time being governing the practice and procedure (including fees) in respect of applications of that kind, and

Sch 13 para 5(4)(b)

an “HMRC disqualification application” is an application by an officer of Revenue and Customs under section 8ZF or 8ZG of CDDA 1986.

Sch 13 para 6 — Interpretation

In this Schedule, “CDDA 1986” means the Company Directors Disqualification Act 1986.