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:—
Income tax, capital gains tax and corporate taxes
Income tax charge, rates and allowances
Income tax is charged for the tax year 2026-27.
For the tax year 2026-27 the main rates of income tax are as follows—
the basic rate is 20%,
the higher rate is 40%, and
the additional rate is 45%.
For the tax year 2026-27 the default rates of income tax are as follows—
the default basic rate is 20%,
the default higher rate is 40%, and
the default additional rate is 45%.
For the tax year 2026-27 the savings rates of income tax are as follows—
the savings basic rate is 20%,
the savings higher rate is 40%, and
the savings additional rate is 45%.
In section 8 of ITA 2007 (which provides, among other things, for the dividend ordinary rate and dividend upper rate)—
in subsection (1) (the dividend ordinary rate), for “8.75%” substitute “10.75%”, and
in subsection (2) (the dividend upper rate), for “33.75%” substitute “35.75%”.
The amendments made by this section have effect for the tax year 2026-27 and subsequent tax years.
For the tax year 2027-28 the savings rates of income tax are as follows—
the savings basic rate is 22%,
the savings higher rate is 42%, and
the savings additional rate is 47%.
Part 1 of ITA 2007 (rates at which income tax is charged etc) is amended as follows.
After section 6C insert—
After section 11C insert—
After section 16 insert—
After section 17 insert—
In section 25 (reliefs and allowances deductible at Steps 2 and 3: supplementary), after subsection (3) insert—
The amendments made by this section and that Schedule have effect for the tax year 2027-28 and subsequent tax years.
For the tax year 2027-28 the property rates of income tax are as follows—
the property basic rate is 22%,
the property higher rate is 42%, and
the property additional rate is 47%.
Schedule 2 makes provision for Scottish and Welsh property rates to be set by the Scottish Parliament and Senedd Cymru.
This section and that Schedule come into force on such day as the Treasury may by regulations appoint.
The amendments made by this section and that Schedule have effect in relation to—
the tax year appointed by the Treasury by regulations, and
subsequent tax years.
The tax year appointed under subsection (3)—
must be a tax year after the tax year 2026-27, and
must begin on or after the day appointed under subsection (2).
Regulations under this section may appoint different days for different purposes.
For further provision about regulations under this section, see section 1014(1), (3) and (6)(b) of ITA 2007.
For the tax years 2026-27, 2027-28, 2028-29, 2029-30 and 2030-31, the amount specified in section 12(3) of ITA 2007 (the starting rate limit for savings) is “£5,000”.
Accordingly, section 21 of that Act (indexation) does not apply in relation to the starting rate limit for savings for any of those tax years.
Section 5 of FA 2021 (basic rate limit and personal allowance for tax years up to 2027-28) is amended as follows.
In subsection (1) (which specifies the basic rate limit in section 10(5) of ITA 2007 as £37,700 for tax years up to 2027-28), for “and 2027-28” substitute “, 2027-28, 2028-29, 2029-30 and 2030-31”.
In subsection (2) (which specifies the personal allowance in section 35(1) of ITA 2007 as £12,570 for tax years up to 2027-28), for “and 2027-28” substitute “, 2027-28, 2028-29, 2029-30 and 2030-31”.
In subsection (3) (which makes consequential provision preventing the uprating of those amounts for the affected tax years), in the words after paragraph (b), for “and 2027-28” substitute “, 2027-28, 2028-29, 2029-30 and 2030-31”.
Corporation tax charge and rates
Corporation tax is charged for the financial year 2027.
The main rate of corporation tax for that year is 25%.
For the purposes of Part 3A of CTA 2010, for the financial year 2027—
the standard small profits rate is 19%, and
the standard marginal relief fraction is 3/200ths.
Employee reliefs
In section 529 of ITEPA 2003 (scope of tax advantages: option must be exercised within 10 years)—
in the heading, for “within 10 years” substitute “by the specified anniversary”;
in subsection (2), for “tenth” substitute “specified”;
after subsection (2) insert—.
Schedule 5 to ITEPA 2003 is amended as set out in subsections (3) to (7).
In paragraph 7 (maximum value of options in respect of relevant company’s shares)—
in sub-paragraph (1), after “exceed” insert—;
in sub-paragraph (2), after “option if the” insert “applicable”;
in sub-paragraph (4), after “applies” insert “(but see sub-paragraph (5A))”;
after sub-paragraph (5), insert—.
In paragraph 12 (the gross assets requirement)—
in sub-paragraph (1) after “exceed” insert—.
in sub-paragraph (2) after “exceed” insert—.
In paragraph 12A (the number of employees requirement)—
in sub-paragraph (1) after “less than” insert—;
in sub-paragraph (2) after “less than” insert “500 or, where the employer company is a specified Northern Ireland company,”
In paragraph 36 (option to be capable of exercise within ten years)—
in the italic cross-heading, for “10 years” substitute “the specified period”;
in sub-paragraph (1), for “the period of 10 years” substitute “the specified period”;
in sub-paragraph (2), for “the period mentioned in sub-paragraph (1)” substitute “the specified period”;
after sub-paragraph (2) insert—.
After paragraph 57E, insert—.
In section 169I(7D)(b) of TCGA 1992 (material disposal of business assets)—
for “tenth ” substitute “specified”;
at the end insert “(with “specified anniversary” having the meaning given in section 529(2A) of that Act)”.
The amendments made by subsections (1) to (8) come into force on 6 April 2026.
On and after 6 April 2026, Schedule 5 to ITEPA 2003 has effect in relation to an option granted before 6 April 2026 as if the following paragraph were inserted after paragraph 37—.
Part 5 of ITA 2007 is amended as follows.
In section 173A(1) (the maximum amount raised annually through risk finance investments requirement), for paragraphs (a) and (b) substitute—.
In section 173AA(1) (maximum risk finance investments at the issue date requirement), for paragraphs (a) and (b) substitute—.
In section 173AB(4) (maximum risk finance investments during period B requirement) for paragraphs (a) and (b) substitute—.
In section 175 (the use of the money raised requirement)—
in subsection (1), for “The” substitute “A”;
after subsection (1A), insert—.
In section 186 (the gross assets requirement)—
before subsection (1), insert—;
in subsection (1), after “single company” insert “that is a specified Northern Ireland company”;
in subsection (2), after “parent company” insert “that is a specified Northern Ireland company”.
After section 256A, insert—.
The amendments made by this section come into force on 6 April 2026.
Part 6 of ITA 2007 is amended as follows.
In section 263(2) (form and amount of relief), for “30%” substitute “20%”.
In section 292A(1) (the maximum amount raised annually through risk finance investments requirement ), for paragraphs (a) and (b) substitute—.
In section 292AA(1) (maximum risk finance investments when relevant holding is issued requirement), for paragraphs (a) and (b) substitute—.
In section 292AB(4) (maximum risk finance investments during the 5-year post-investment period requirement), for paragraphs (a) and (b) substitute—.
In section 293 (the use of the money raised requirement)—
in subsection (1), for “The” substitute “A”;
after subsection (5A) insert—.
In section 297 (the gross assets requirement)—
before subsection (1) insert—;
in subsection (1), after “single company” insert “and a specified Northern Ireland company”;
in subsection (2), after “parent company” insert “and a specified Northern Ireland company”.
After section 331B, insert—.
The amendments made by this section come into force on 6 April 2026.
If—the provision mentioned in paragraph (c) is to be treated for the purposes of the CSOP code as if it had been included in the share option at the time at which the option was granted.
a share option is granted under a CSOP scheme before 6 April 2028,
the terms of the option which are mentioned in paragraph 21A(1)(d) of Schedule 4 to ITEPA 2003 are, at any time on or after 15 May 2025, varied, and
the sole effect of the provision constituting the variation is that, in the event that the shares are or become PISCES shares, the option may be exercised (to any extent) but only if the shares acquired as a result of its exercise are then sold on a PISCES as soon as is reasonably practicable,
Subsection (1) is to have effect as if contained in Schedule 4 to ITEPA 2003.
If—the provision mentioned in paragraph (c) is to be treated for the purposes of the EMI code as if it had been included in the share option at the time at which the option was granted.
a share option which is a qualifying option for the purposes of the EMI code is granted before 6 April 2028,
the terms of the option which are mentioned in paragraph 37(2)(e) of Schedule 5 to ITEPA 2003 are, at any time on or after 15 May 2025, varied, and
the sole effect of the provision constituting the variation is that, in the event that the shares are or become PISCES shares, the option may be exercised (to any extent) but only if the shares acquired as a result of its exercise are then sold on a PISCES as soon as is reasonably practicable,
Subsection (3) is to have effect as if contained in Schedule 5 to ITEPA 2003.
A variation of an option is not to count for the purposes of this section unless—
the variation is effected by a written agreement to which the person entitled to exercise the option is a party, or
the variation is otherwise notified in writing to that person.
For the purposes of this section, “PISCES shares” and “a PISCES” have the same meaning as in the applicable PISCES regulations.
For this purpose, “the applicable PISCES regulations” means—
the Financial Services and Markets Act 2023 (Private Intermittent Securities and Capital Exchange System Sandbox) Regulations 2025 (“the 2025 regulations”), or
if regulations are made under section 15 of the Financial Services and Markets Act 2023 (“the 2023 Act”) in the case of a PISCES, regulations under that section.
If—this section has effect as if the references to PISCES shares or a PISCES are to those other expressions.
regulations made under section 15 of the 2023 Act use expressions other than PISCES shares or a PISCES, but
those other expressions are used in those regulations for the same or similar purposes as the expressions PISCES and a PISCES are used in the 2025 regulations,
Employment income relating to cars etc
Chapter 6 of Part 3 of ITEPA 2003 (taxable benefits: cars, vans and related benefits) is amended in accordance with subsections (2) to (4).
In section 114(1)(a) (cars, vans and related benefits)—
omit “(without any transfer of the property in it)”;
after “household” insert.
In section 116(1) (meaning of when car or van is available to employee)—
omit “and without any transfer of the property in it”;
after “household” insert
After section 116 insert—
The amendments made by subsections (2) to (4) have effect for the tax year 2030-31 and subsequent tax years.
But in relation to a car or van made available to an employee or a member of the employee’s family or household pursuant to pre-6 April 2030 arrangements, the amendments made by subsections (2) to (4) have effect for the tax year 2032-33 and subsequent tax years.
If pre-6 April 2030 arrangements are varied or renewed on or after 6 April 2030, the car or van is treated, with effect from the beginning of the day on which the variation or renewal takes effect, as not being made available pursuant to pre-6 April 2030 arrangements.
In subsection (7) the reference to arrangements being varied does not include any variation which is required for reasons beyond the control of the parties to the arrangements.
In this section “pre-6 April 2030 arrangements” means arrangements which are entered into before 6 April 2030.
In section 117 of ITEPA 2003 (meaning of car or van made available by reason of employment)—
in subsection (1), for “or (3)” substitute “, (3) or (4)”;
after subsection (3) insert—
The amendments made by subsection (1) have effect for the tax year 2026-27 and subsequent tax years.
Chapter 6 of Part 3 of ITEPA 2003 (taxable benefits: cars etc) is amended in accordance with subsections (2) and (3).
In section 136A (cars with a CO 2 emissions figure: registration on or after IP completion day), after subsection (4) insert—
After section 138 insert—
The amendments made by subsections (2) and (3) have effect—
for the tax years 2024-25 to 2027-28, and
in relation to a car to which subsection (5) applies, for the tax years 2028-29 to 2030-31.
This subsection applies to a car made available to an employee or a member of the employee’s family or household pursuant to pre-6 April 2028 arrangements.
Where—the car is treated as being made available by the employer to the other employee or member pursuant to pre-6 April 2028 arrangements.
a car is made available by an employer to an employee or a member of the employee’s family or household pursuant to pre-6 April 2028 arrangements, and
the arrangements are varied on or after 6 April 2028 only so far as is necessary to ensure that the car is made available by the employer to another employee or a member of the other employee’s family or household pursuant to the arrangements,
If pre-6 April 2028 arrangements are otherwise varied or renewed on or after 6 April 2028, the car is treated, with effect from the beginning of the day on which the variation or renewal takes effect, as not being made available pursuant to pre-6 April 2028 arrangements.
In subsection (7) the reference to arrangements being varied does not include a variation which is required for reasons beyond the control of the parties to the arrangements.
In this section “pre-6 April 2028 arrangements” means arrangements which are entered into before 6 April 2028.
Sections 136A(5) and 138A of ITEPA 2003, and subsections (1) to (3) of this section, are repealed.
Subsection (10) comes into force on 6 April 2031.
Other employment income
Chapter 11 of Part 4 of ITEPA 2003 (employment income: miscellaneous exemptions) is amended in accordance with subsections (2) to (4).
After section 316 insert—
In section 320A (eye tests and special corrective appliances)—
after subsection (1) insert—;
in subsection (3), after “regulations” insert “, whether by way of provision under subsection (1) or payment or reimbursement under subsection (1A)”.
After section 320C insert—
In section 266(3) of ITEPA 2003 (exemption of non-cash vouchers for exempt benefits)—
omit the “or” after paragraph (f);
after paragraph (g) insert
In section 267(2) of ITEPA 2003 (exemption of credit-tokens used for exempt benefits)—
omit the “and” after paragraph (h);
after paragraph (i) insert
The amendments made by this section have effect in relation to the tax year 2026-2027 and subsequent tax years.
After section 360A of ITEPA 2003 (no deduction from earnings for social security contributions) insert—
The amendment made by this section has effect for the tax year 2026-27 and subsequent tax years.
After section 221 of ITEPA 2003 (payments where employee absent because of sickness or disability) insert—
The amendment made by this section comes into force on the first day on which the duty in section 27BP(1) of the Employment Rights Act 1996 has effect.
ITEPA 2003 is amended as follows.
In section 27 (UK-based earnings for year when employee not resident in UK)—
in subsection (1)—
at the end of paragraph (a) insert “that do not fall within paragraph (c)”;
at the end of paragraph (b) insert “that do not fall within paragraph (c)”;
at the end of paragraph (c) insert “and which have been reduced by a claim for relief under section 414 (reduction in other cases of foreign service)”;
in subsection (2), for “(1)(a) or (b)” substitute “(1)”;
omit subsection (2A);
in subsection (3), for “Subsections (2) and (2A) apply” substitute “Subsection (2) applies”.
In section 38 (earnings for period of absence from employment)—
in subsection (1), for “This section” substitute “Subsection (2)”;
after subsection (2) insert—
After section 38 (earnings for period of absence from employment) insert—
In section 41Y (location of employment duties), in subsection (1), for “applies” substitute “and section 38A (earnings in respect of duties not performed) apply”.
In section 402B (termination awards not benefiting from threshold to be treated as earnings), omit subsection (1)(b) (and the “but” before it).
The amendments made by this section have effect in relation to general earnings that are, for the purposes of Chapter 4 or 5 of Part 2 of ITEPA 2003—
for tax years 2026-27 and subsequent tax years, and
treated as received on or after 6 April 2026.
ITEPA 2003 is amended as follows.
In Part 2 (employment income: charge to tax), after Chapter 10 insert—
In section 7 (meaning of employment income etc), in subsection (5)(a)—
for “10” substitute “11”, and
omit “and”, and
after “companies” insert “and purported umbrella companies”.
In section 44 (treatment of workers supplied by agencies)—
in subsection (4), omit paragraph (b) (and the “or” before it),
in subsection (5)(b), omit “or (as the case may be) with the relevant person”, and
omit subsection (6).
In section 61V (consequences of providing fraudulent information), after subsection (4) insert—
In section 684(2) (PAYE regulations), in the list of provisions, after item 7 insert—
In section 689(4) (employee of non-UK employer), after “sections” insert “61Z1(5)(c)(i),”.
In section 716B (employment intermediaries to keep, preserve and provide information etc)—
in subsection (1)—
omit “of Part 2”, and
after “agencies)” insert “or 11 (umbrella companies) of Part 2”, and
in subsection (2), in the words before paragraph (a)—
after “person” insert “(other than an individual mentioned in paragraph (a) or (b))”, and
after “makes” insert “or participates in”.
In regulation 69 of the Income Tax (Pay As You Earn) Regulations 2003, in paragraph (1A)—
the words from “any amount” to the end become sub-paragraph (a),
in that sub-paragraph, omit the words from “whether” to the end, and
after that sub-paragraph insert
In regulation 80 of those Regulations (determination of unpaid tax and appeal against determination), after paragraph (5) insert—
The amendments made by this section have effect in relation to payments made on or after 6 April 2026.
The Treasury must by regulations provide for a scheme under which persons who are liable to pay loan charge amounts may enter into an agreement (“a settlement agreement”) with the Commissioners as regards those amounts.
The scheme must provide that the Commissioners must, in accordance with the scheme, make an offer to enter into a settlement agreement (“a settlement offer”) to every person who—
they believe is liable to pay loan charge amounts, and
is not a person who the Commissioners reasonably suspect is, or has at any time been—
a promoter or introducer for the purposes of Part 7 of FA 2004 (disclosure of tax avoidance schemes), or
a director or shadow director of such a person.
The scheme must provide that a settlement offer made to a person (P) must—
set out the terms of the proposed settlement agreement, including—
the loan charge amounts to which it would apply (“relevant loan charge amounts”), and
the amount P would instead be required to pay under it (“settlement amount”), and
remain open to P for such reasonable period as may be specified by the scheme.
The scheme must provide that the relevant loan charge amounts must not include loan charge amounts which are the subject of, or under, a contract settlement entered into before 1 June 2021.
The scheme must provide that if P enters into the proposed settlement agreement with the Commissioners—
every relevant loan charge amount ceases to be, or will no longer become, payable by P, but
P is instead liable to pay the settlement amount.
The scheme must provide for the calculation of P’s settlement amount and must secure—
that amounts are arrived at by—
determining the value of the Schedule 11 or 12 to F(No. 2)A 2017 loans and quasi-loans to which the relevant loan charge amounts are connected,
determining the other amounts paid to P under the arrangements under which those loans or quasi-loans were made,
determining the amounts charged to P (as deductions, fees or otherwise) under those arrangements,
attributing the amounts determined as mentioned in sub-paragraphs (i) to (iii) to tax years in accordance with the scheme and assuming that income tax and national insurance contributions were payable as regards those tax years in relation to those amounts, and
on that assumption, determining the total amount for each of those tax years of the additional income tax and national insurance contributions which would have been payable by P as regards the tax year (“starting amount”),
that the starting amount for each tax year is lowered (but not below nil) by the amount that results from adding together—
the amount of reduction given by reducing by 10% the first £50,000 of the total amount attributed to the tax year under paragraph (a)(iv), and
the amount of reduction given by reducing by 5% the next £100,000 of that total,
that the amounts produced by this are added together and the resulting amount is lowered by £5,000 (but not below nil),
that this lowered amount is the settlement amount, unless it is more than £70,000 lower than P’s loan charge gross liability, and
that, if that lowered amount is more than £70,000 lower than P’s loan charge gross liability, the settlement amount is instead P’s loan charge gross liability minus £70,000.
In this section—“loan charge amount” means an amount which—arises in connection with a Schedule 11 or 12 to F(No. 2)A 2017 loan or quasi-loan, is not an amount of inheritance tax, is payable, or becomes payable in the future, to the Commissioners under or by virtue of any enactment or under a contract settlement, and has not yet been paid;“loan charge gross liability”, in relation to a person, means the total of the loan charge amounts the person was liable to pay before any payment of those amounts.
A reference in this section to a Schedule 11 or 12 to F(No. 2)A 2017 loan or quasi-loan is to—
a loan or quasi-loan (within the meaning of paragraph 2 of Schedule 11 to F(No. 2)A 2017) by reason of which a person is treated, under paragraph 1 of Schedule 11 to F(No. 2)A 2017, as taking a relevant step for the purposes of Part 7A of ITEPA 2003, or
a loan or quasi-loan (within the meaning of paragraph 2 of Schedule 12 to F(No. 2)A 2017) which is treated for the purposes of sections 23A to 23H of ITTOIA 2005 as a relevant benefit by reason of paragraph 1 of Schedule 12 to F(No. 2)A 2017.
In this section—“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“contract settlement” has the meaning given by section 25 of CRCA 2005;“shadow director” has the meaning given by section 251 of the Companies Act 2006.
The scheme may provide that, if a person enters into a settlement agreement, amounts of inheritance tax payable by the person which—cease to payable by the person.
arise as a result of transfers of value and other occasions of charge occurring—
before the end of 3 months after the date on which the settlement offer, in relation to the settlement agreement, was made to the person, and
have not yet been paid,
The scheme may provide, if a person enters into a settlement agreement, for adjustments in amounts of inheritance tax payable by other persons which—
arise as mentioned in subsection (1)(a),
are attributable to property used for making the relevant Schedule 11 or 12 to F(No. 2)A 2017 loans and quasi-loans, and
have not yet been paid.
The scheme must provide that, if a person enters into a settlement agreement, no relevant Schedule 11 or 12 to F(No. 2)A 2017 loan or quasi-loan is to be treated as a liability for the purposes of section 5(3) of IHTA 1984.
In this section, references to relevant Schedule 11 or 12 to F(No. 2)A 2017 loans and quasi-loans are to the Schedule 11 or 12 to F(No. 2)A 2017 loans and quasi-loans to which the loan charge amounts to which the settlement agreement applies are connected.
Expressions used in this section and section 25 have the same meaning in this section as they have in section 25.
In this section, “transfer of value” has the same meaning as in IHTA 1984 (see, in particular, section 3 of that Act).
The scheme may make provision—
about the process of making settlement offers and entering into settlement agreements;
for settlement offers to be conditional upon the persons to whom they are made doing specified things;
about the terms which may, must or may not be included in settlement agreements;
supplementing—
provision made under section 25(6) about the calculation of settlement amounts, and
the definitions in section 25(7) of “loan charge amount” and “loan charge gross liability”;
adapting provision made under section 25(6), in cases where a settlement offer is made to a person who is not an individual, about the calculation of settlement amounts (including provision for the calculation to be different to what is required by section 25(6));
for the use of estimates in relation to any amount;
about liabilities which are incidental to, or otherwise connected with, loan charge amounts;
for amounts paid by a person towards the person’s loan charge gross liability to be credited against a liability of the person to pay a settlement amount (but to no greater extent than discharging that liability);
for anything else the Treasury consider appropriate for the purpose of the scheme.
The things specified under subsection (1)(b) may include, for example, a person to whom a settlement offer is made entering into a contract settlement in relation to amounts specified in the settlement offer which—
are not loan charge amounts,
are payable, or become payable in the future, to the Commissioners by the person under or by virtue of any enactment, and
have not yet been paid.
The provision which may be made under subsection (1)(d)(ii) includes provision setting out the descriptions of amounts which arise in connection with a Schedule 11 or 12 to F(No. 2)A 2017 loan or quasi-loan.
The provision which may be made under subsection (1)(g) includes provision—
treating penalties, or other amounts which are not loan charge amounts but are connected with them, as never having arisen or ceasing to be payable, and
crediting amounts paid towards such liabilities against other liabilities to pay a settlement or other amount to the Commissioners or for the Commissioners to repay those paid amounts.
The scheme may make—
different provision for different purposes or cases;
provision generally or for specified cases;
provision subject to exceptions;
incidental, supplementary, consequential or transitional provision.
Regulations providing for the scheme are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of the House of Commons.
A settlement agreement is a contract settlement for the purposes of sections 25 and 25A of CRCA 2005.
Capital allowances and other reliefs for businesses
In section 56 of CAA 2001 (amount of plant and machinery allowances), in subsection (1) (which specifies the main rate of writing-down allowances), for “18%” substitute “14%”.
The amendment made by subsection (1) has effect in relation to chargeable periods beginning on or after the relevant day, that is to say—
for corporation tax purposes, 1 April 2026, and
for income tax purposes, 6 April 2026.
The amendment made by subsection (1) also has effect in relation to chargeable periods beginning before and ending on or after the relevant day but as if the reference to 14% were a reference instead to X%.
For this purpose X is found by adding (18 x BRD/CP) to (14 x ARD/CP).
Where X would be a figure with more than 2 decimal places, it is to be rounded up to the nearest second decimal place.
In subsection (4)—“BRD” means the number of days in the chargeable period before the relevant day,“ARD” means the number of days in the chargeable period on and after the relevant day, and“CP” means the number of days in the chargeable period.
Part 2 of CAA 2001 (plant and machinery allowances) is amended as follows.
In section 39 (first-year allowances available for certain types of qualifying expenditure only), after the entry relating to section 45S insert—.
After section 45T insert—
In section 46 (general exclusions)—
in subsection (1), after the entry relating to section 45S insert—, and
after subsection (4A) insert—
In section 52 (first-year allowances), in subsection (3), in the table, at the end insert—.
In—for “2026” substitute “2027”.
section 45D of CAA 2001 (expenditure on zero-emission cars), in subsection (1B)(a) and (b) (which specify the date on or before which expenditure must be incurred to qualify for a first-year allowance), and
section 45EA of that Act (expenditure on plant or machinery for electric vehicle charging point), in subsection (3)(a) and (b) (which specify the date on or before which expenditure must be incurred to qualify for a first-year allowance),
In section 1042N of CTA 2009 (amounts surrendered to other group companies), after subsection (4) insert—
In section 1179CE of CTA 2009 (amounts surrendered to other group companies), after subsection (4) insert—
The amendments made by this section have effect in relation to payments made on or after 26 November 2025.
Schedule 2 to FA 2024 (expenditure credits for films, television programmes and video games) is amended as follows.
After paragraph 24 insert—
In paragraph 18 (opting into new regime during transitional period), in sub-paragraph (5)(b), for “24” substitute “24A”.
The amendments made by this section have effect in relation to elections made under section 1179B(1) of CTA 2009 in relation to any opt-in period commencing on or after 26 November 2025.
Section 1179EC of CTA 2009 (special credit for visual effects) is amended as follows.
In subsection (2)—
omit the “and” after paragraph (a),
after that paragraph insert—, and
in paragraph (b)—
omit “where a claim has been made for Chapter 3 credit (whether for the claim period or earlier),”, and
for “such claims” substitute “Chapter 3 credit claims in respect of the film or television programme”.
In subsection (3)(b) for paragraph (i) substitute—.
In subsection (4)—
in the words before Step 1, for “previously claimed Chapter 3 credits” substitute “Chapter 3 credits claimed in respect of the film or television programme”, and
in Step 1—
in the words before paragraph (a) omit “(see section 1179CA(2))”, and
in that paragraph omit “(see section 1179AB)”.
After subsection (6) insert—
The amendments made by this section have effect in relation to any claim made for Chapter 3 credit, or an additional amount of audiovisual expenditure credit, for accounting periods beginning on or after 26 November 2025.
In section 1138A(1)(b) of CTA 2009, at beginning insert “for the purposes of relief under Chapter 2”.
The amendment made by subsection (1) has effect in relation to claims made on or after 30 October 2024.
Chargeable gains
Section 236H of TCGA 1992 (disposals to employee-ownership trusts) is amended as follows.
For subsection (2) substitute—
In subsection (3), for “The”, in the first place it occurs, substitute “Where this subsection applies, the”.
The amendments made by this section have effect in relation to disposals made on or after 26 November 2025.
TCGA 1992 is amended as follows.
In section 103G (exchange of units for those in another collective investment scheme), in subsection (4), for “section 103K(1)” to the end of the subsection substitute “section 103K (anti-avoidance)”.
In section 103H (scheme of reconstruction involving issue of units), in subsection (5), for “section 103K(1)” to the end of the subsection substitute “section 103K (anti-avoidance)”.
In section 103I (scheme of reconstruction involving conversion scheme), in subsection (4), for “section 103K(1)” to the end of the subsection substitute “section 103K (anti-avoidance)”.
In section 103K (restriction on application of sections 103G, 103H and 103I)—
at the end of the heading insert “: anti-avoidance”;
for subsection (1) substitute—;
omit subsections (2) and (3);
in subsection (4)—
for “subsection (1) above” substitute “this section”;
in paragraph (a), after “chargeable participant” insert “as part of the exchange or scheme of reconstruction”;
after subsection (6) insert—
The amendments made by this section have effect in relation to arrangements involving an issue of units in a collective investment scheme on or after 26 November 2025.
But those amendments do not have effect in a case where—
a participant in a collective investment scheme has made an application under section 138(1) of TCGA 1992 (as applied by section 103K(6) of that Act) before 26 November 2025,
the issue of units in a collective investment scheme in respect of which the application was made occurs before 26 January 2026 or, if later, before the end of the period of 60 days beginning with the day on which the notification mentioned in paragraph (b) was made.
TCGA 1992 is amended as follows.
In section 137 (restriction on company reconstruction provisions)—
at the end of the heading insert “: anti-avoidance”;
for subsection (1) substitute—;
omit subsections (2) and (3);
in subsection (4)—
for “subsection (1) above” substitute “this section”;
in paragraph (a), after “chargeable person” insert “as part of the exchange or scheme of reconstruction”;
after subsection (6) insert—
In section 138 (procedure for clearance in advance)—
in subsection (1)—
for “for bona fide” to the end of the subsection substitute “without arrangements in respect of which section 137 applies.”;
after subsection (5) insert—
The amendments made by this section have effect in relation to arrangements involving an issue of shares in, or debentures of, a company on or after 26 November 2025.
But those do not have effect in a case where—
a company has made an application under section 138(1) of TCGA 1992 before 26 November 2025,
the issue of shares or debentures in respect of which the application was made occurs before 26 January 2026 or, if later, before the end of the period of 60 days beginning with the day on which notification mentioned in paragraph (b) was made.
In section 139 (reconstruction involving transfer of business)—
after subsection (4) insert—
in subsection (5)—
for the words from the beginning of the subsection to “operation of this section” substitute “Subsections (4A) to (4D) do not apply”;
for “for bona fide” to the end of the first sentence substitute “without arrangements in respect of which subsection (4B) applies.”;
in subsections (6) and (7), for “subsection (5)” substitute “subsection (4B)”;
after subsection (9) insert—
The amendments made by this section have effect in relation to arrangements involving the transfer of assets of a business on or after 26 November 2025.
But this section does not have effect in relation to a case where—
a company has made an application under section 139(5) of TCGA 1992 before 26 November 2025,
the Commissioners for His Majesty’s Revenue and Customs have notified the company of their satisfaction under that subsection, or the tribunal has notified the company of its satisfaction under section 138(4) of TCGA 1992 (as applied by section 139(5) of that Act), in relation to the application, and
the transfer of assets in respect of which the application was made occurs before 26 January 2026 or, if later, before the end of the period of 60 days beginning with the day on which notification mentioned in paragraph (b) was made.
Section 162 of TCGA 1992 (roll-over relief on transfer of business) is amended as follows.
In subsection (1)—
the words from “a person who is not a company” to the end of the first sentence of the subsection become paragraph (a);
after that paragraph insert
After subsection (5) insert—
Omit section 162A of TCGA 1992 (election for section 162 not to apply).
The amendments made by this section have effect in relation to transfers of businesses made on or after 6 April 2026.
Part 4 of Schedule 1A to TCGA 1992 (anti-avoidance relating to assets deriving 75% of value from UK land) is amended as follows.
For the heading of the Part substitute “Cell companies and anti-avoidance”.
Before paragraph 11 insert—.
The amendments made by this section have effect in relation to disposals made on or after 26 November 2025.
In paragraph 2 of Schedule 18 to FA 1998 (duty to give notice of chargeability to corporation tax), after sub-paragraph (2) insert—
In section 55A of FA 2004 (exception to duty to give notice to coming within charge to corporation tax), after subsection (4) insert—
In Schedule 2 to FA 2019—
in the heading before paragraph 10 (no return required in respect of disposal connected to CIS), for “schemes” substitute “vehicles”;
in paragraph 10—
for “scheme” substitute “vehicle”;
after sub-paragraph (2) insert—;
in paragraph 11(1)(a)—
for “CIS” substitute “CIV”;
for “scheme” substitute “vehicle”;
in paragraph 11(1)(b), for “subject of the scheme” substitute “subject of or held by the vehicle”;
in paragraph 12(1)(a), for “CIS” substitute “CIV”.
The amendments made by subsections (1) and (2) have effect in relation to disposals made on or after 1 April 2026.
The amendments made by subsection (3) have effect in relation to disposals made on or after 6 April 2026.
Non-UK residents etc
Omit section 399 of ITTOIA 2005 (tax treated as paid on distributions received by non-UK resident persons).
In ITA 2007—
in section 425 (total amount of income tax to which individual charged for a tax year), in subsection (5)(a), omit sub-paragraph (i);
in section 1026 (meaning of “non-qualifying income”), omit paragraph (a).
In TMA 1970—
in section 9 (returns to include self-assessment), in subsection (1), in the closing words, omit “or section 399(2)”;
in section 59B (payment of income tax and capital gains tax), in subsection (1), in the closing words, omit “or section 399(2)”.
In the Unauthorised Unit Trusts (Tax) Regulations 2013 (S.I. 2013/2819), in regulation 12 (treatment of income of an exempt unauthorised unit trust), omit paragraph (3)(b).
The amendments made by this section have effect for the tax year 2026-27 and subsequent tax years.
Part 1 of Schedule 3 makes provision about income tax and capital gains tax in connection with whether an individual has been non-UK resident or domiciled outside the United Kingdom, including—
provision about the reliefs for qualifying new residents,
provision about the residency of personal representatives, and
provision about former users of the remittance basis.
Part 2 of that Schedule makes provision amending Schedule 10 to FA 2025 (temporary repatriation facility).
Part 3 of that Schedule makes provision about individuals who have been temporarily non-resident.
In Chapter 5 of Part 5 of ITTOIA 2005 (settlements), in section 643C (meaning of “available protected income”)—
in subsection (1), in Step 5, after “within” insert “Step 2 or”;
in subsection (3)(b), at the end insert “and not exempt from income tax by virtue of any of sections 737 to 742A of that Act”.
In Chapter 2 of Part 13 of ITA 2007 (transfer of assets abroad), in section 733 (benefits charge: amount of deemed income), in subsection (2B)—
in paragraph (a), for “732(2)” substitute “721, 728 or 732”;
in the words after paragraph (b), omit “under section 731”.
In section 87HA of TCGA 1992 (onward gifts from non-residents or qualifying new residents), in subsections (2) and (3), omit “capital”.
In FA 2025, in Schedule 12 (trust protections), in Part 4 (commencement and transitional provision), after paragraph 70 insert—
The amendments made by subsection (1) come into force on 6 April 2026.
The amendments made by subsections (2) to (4) are treated as having come into force on 6 April 2025.
Schedule 4—
makes provision for employer PAYE notifications in respect of treaty non-resident employees, and
makes other amendments to sections 690 to 690E of ITEPA 2003 in relation to the making of employer PAYE notifications and HMRC PAYE directions.
The amendments made by Schedule 4 have effect for the tax year 2026-27 and subsequent tax years (but see paragraph 8(2) of that Schedule).
Other international matters
Schedule 5 provides—
for a power of His Majesty’s Revenue and Customs to assess “unassessed transfer pricing profits”,
for those profits to be subject to a higher rate of corporation tax (rather than the main or any other rate), and
for the abolition of diverted profits tax (which is superseded).
The amendments made by that Schedule have effect in relation to accounting periods beginning on or after 1 January 2026.
Schedule 6 makes provision about, and in connection with, transfer pricing.
The Commissioners for His Majesty's Revenue and Customs may by regulations make provision—
requiring persons specified for the purposes of this paragraph (“reporting entities”) to provide an officer of Revenue and Customs with information of specified descriptions in connection with specified international controlled transactions;
requiring reporting entities to provide the information—
at specified times,
in relation to specified periods of time, and
in a specified form and manner;
imposing obligations on reporting entities (including obligations to obtain information from specified persons for the purposes of complying with requirements imposed by virtue of paragraph (a));
about contravention of, or non-compliance with, the regulations (including provision imposing penalties);
about appeals in relation to the imposition of any penalty.
The regulations may—
make different provision for different purposes;
make provision by reference to things specified in a notice published by the Commissioners (as revised or replaced from time to time) in accordance with the regulations;
allow any requirement, obligation or other provision that may be imposed or made by reference to subsection (1)(a) to (c) to be made by specific or general direction given by the Commissioners;
make provision under which the Commissioners or other persons may exercise discretions.
For the purposes of subsection (1)—
“specified” means specified in the regulations, and
a transaction is an international controlled transaction if the transfer pricing condition or the permanent establishment condition is met in relation to it.
The transfer pricing condition is that—
the transaction, or a series of transactions of which the transaction forms part, is the means by which provision (within the meaning of Part 4 of TIOPA 2010) has been made or imposed between two persons,
the participation condition (within the meaning of that Part) is met in relation to that provision,
one of those persons is—
a UK resident company,
a non-UK resident company within the charge to corporation tax as a result of it falling within paragraph (a), (c) or (d) of section 5(2) of CTA 2009 (deals in or develops UK land, carries on a UK property business or has other UK property income), or
a partnership whose members include a company within the charge to corporation tax, and
the other person is a non-UK resident person or is a partnership whose members include a non-UK resident person.
The permanent establishment condition is that the transaction is relevant to the determination of—
exemption adjustments made under section 18A of CTA 2009, or
the profits of a non-UK resident company that are (for the purposes of the Corporation Tax Acts) attributable to a permanent establishment of the company in the United Kingdom.
References in this section to a transaction includes any transaction that may be treated to have occurred for the purposes of applying Chapter 3A or 4 of Part 2 of CTA 2009 (profits of permanent establishments).
Schedule 7 makes provision about permanent establishments, including for the purposes of giving effect to certain provisions of the Model Tax Convention on Income and on Capital published by the Organisation for Economic Co-operation and Development in 2017.
Schedule 8 contains amendments to F(No.2)A 2023, and other connected provision, relating to multinational top-up tax and domestic top-up tax.
This section applies if a repayment of interest (“the relevant repayment”) is, or has been at any time, made to a company in consequence of the cancellation of an interest charging notice given to the company under Schedule 7ZA to TIOPA 2010 (recovery of unlawful state aid).
Interest must be paid to the company in respect of the relevant repayment.
The amount of interest payable under this section is the amount that would have been payable by virtue of section 826 of the Income and Corporation Taxes Act 1988 (interest on tax overpaid) in respect of the relevant repayment if, at the time of the relevant repayment—
the relevant repayment had been among the repayments and payments listed in subsection (1) of that section, and
the material date for the purposes of that section, in relation to the relevant repayment, had been the date on which the interest mentioned in subsection (1) above was paid by the company.
Interest payable under this section must be paid—
in respect of a relevant repayment made before 2 December 2025, as soon as reasonably practicable;
in respect of a relevant repayment made on or after that day, at the same time as the relevant repayment.
Nothing in paragraph 10(1) of Schedule 7ZA to TIOPA 2010 (Treasury duty to make regulations where Commission Decision is revoked or annulled) requires the Treasury to make any further provision in relation to the repayment of interest paid by virtue of that Schedule.
References in this section to Schedule 7ZA to TIOPA 2010 are to the Schedule treated as inserted in that Act by paragraph (b) of Schedule 4 to the Taxation (Post-transition Period) Act 2020.
This section is treated as having come into force on 2 December 2025.
In the Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001)—
in regulation 20 (application to gains of non-resident settlements), omit paragraphs (2) to (5);
in regulation 21 (application of transfer of assets abroad provisions), omit paragraphs (4) to (6).
In consequence of the amendments made by subsection (1)—
in section 734 of ITA 2007 (reduction in amount charged: previous capital gains tax charge), in subsection (5), omit “20 and”;
in Schedule 7 to FA 2008 (remittance basis), omit paragraphs 100 to 102;
in the Offshore Funds (Tax) Regulations 2009—
in regulation 18 (charge to tax on disposal of asset: further provisions), in paragraph (5), omit sub-paragraph (c);
in regulation 19 (income treated as arising under regulation 17: remittance basis), omit paragraph (5);
omit regulation 130 (amendments of FA 2008);
in Part 2 of Schedule 3 (index of defined expressions), omit the entry for “OIG amount”;
in Schedule 10 to FA 2025 (temporary repatriation facility)—
in paragraph 3(7), for “paragraphs 4 and 5” substitute “paragraph 5”;
in paragraph 3(9), for “paragraphs 4 and 5” substitute “paragraph 5”;
omit paragraph 4;
in paragraph 5(7), for “paragraphs 3 and 4” substitute “paragraph 3”;
in paragraph 10, omit sub-paragraphs (7) and (8).
Section 53 makes provision preserving in certain cases the effect of the law as it applied before the amendments made by this section.
This section—
is to be treated as having come into force on 6 April 2025;
has effect for the tax year 2025-26 and subsequent tax years.
This section applies in relation to an offshore income gain arising to the trustees of a settlement in a case where Chapter 2 of Part 13 of ITA 2007 (transfer of assets abroad) applies in relation to that gain for the tax year 2025-26 or any subsequent tax year because of the amendments made by section 52.
If the offshore income gain arose in a tax year before the tax year 2025-26 and, by reason of that offshore income gain or a part of it, an offshore income gain was treated as arising in a tax year before the tax year 2025-26 to an individual under paragraphs (2) to (5) of regulation 20 of the Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001)—
Chapter 2 of Part 13 of ITA 2007 is to be treated as not applying in relation to the offshore income gain arising to the trustees or that part of that gain, and
references in section 734 of ITA 2007 to chargeable gains treated as accruing to an individual are to be treated as including the offshore income gain treated as arising to the individual.
would have been treated as arising to that individual under paragraphs (2) to (5) of regulation 20 of the Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), and
would have been non-chargeable income (see subsections (4), (5) and (6)).
the income would have been treated as arising by reason of—
the matching of a capital payment received (or treated as received) by the individual before 6 April 2008 with an offshore income gain arising on or after 6 April 2025, or
the matching of a capital payment received (or treated as received) by the individual on or after 6 April 2025 with an offshore income gain arising before 6 April 2008, and
paragraph 100 of Schedule 7 to FA 2008 would have applied to the income.
The income would have been non-chargeable income to the extent that, without the amendments made by section 52(1) and (2)(b), it would have exceeded the relevant proportion of income—and, for that purpose, “relevant proportion” has the meaning given by sub-paragraphs (9) to (18) of paragraph 126 of that Schedule as they would have been modified by sub-paragraph (3) of paragraph 101 of that Schedule.
which would have been treated as arising to the individual by reason of—
the matching of a capital payment received (or treated as received) by the individual on or after 6 April 2008 with an offshore income gain arising on or after 6 April 2025, or
the matching of a capital payment received (or treated as received) by the individual on or after 6 April 2025 with an offshore income gain arising on or after 6 April 2008, and
to which paragraph 101 of Schedule 7 to FA 2008 would have applied,
The income would have been non-chargeable income to the extent that, without the amendments made by section 52(1) and (2)(b), it would have exceeded the relevant proportion of income—and, for that purpose, “relevant proportion” has the meaning given by sub-paragraphs (4) to (7) of paragraph 127 of that Schedule as they would have been modified by sub-paragraph (4) of paragraph 102 of that Schedule.
which would have been treated as arising to the individual by reason of—
the matching of a capital payment received (or treated as received) by the individual on or after 6 April 2008 with an offshore income gain arising on or after 6 April 2025, or
the matching of a capital payment received (or treated as received) by the individual on or after 6 April 2025 with an offshore income gain arising on or after 6 April 2008,
to which paragraph 102 of Schedule 7 to FA 2008 would have applied, and
to which paragraph 101 of that Schedule would not have applied,
Subsection (3) does not prevent Chapter 2 of Part 13 of ITA 2007 from having effect as though the income not chargeable to tax under that subsection had been charged to tax under section 731 of that Act.
Accordingly—
in the application of section 733(1) of ITA 2007 to the individual for subsequent tax years, the amount of that income will be deducted at Step 2 and at paragraph (a) of Step 5, and
in the application of section 733(1) of ITA 2007 to any other individual for subsequent tax years, the amount of that income will be deducted at paragraph (b) of Step 5.
In section 733 of ITA 2007, after subsection (2D) insert—
This section—
is to be treated as having come into force on 6 April 2025;
has effect for the tax year 2025-26 and subsequent tax years.
Charities
Part 10 of ITA 2007 (special rules about charitable trusts etc) is amended in accordance with subsections (2) to (4).
In section 518 (overview), in subsection (1), for “523” substitute “523A”.
After section 523 (but beneath the same italic heading) insert—
In section 562 (excess expenditure), in subsection (5) (definition of “non-taxable sums”), omit “, legacies”.
In ITTOIA 2005, in section 636 (settlements: calculation of undistributed income), in subsection (7), at the appropriate place insert—.
Part 11 of CTA 2010 (charitable companies etc) is amended in accordance with subsections (7) to (9).
In section 466 (overview), in subsection (1), for “474” substitute “474A”.
After section 474 (but beneath the same italic heading) insert—
In section 515 (excess expenditure), in subsection (5) (definition of “non-taxable sums”), omit “, legacies”.
The amendments made by this section have effect in relation to gifts received on or after 6 April 2026.
Section 558 of ITA 2007 (approved charitable investments) is amended in accordance with subsections (2) to (5).
The existing text becomes subsection (2).
Before that subsection insert—
In subsection (2)—
for the words before Type 1 substitute “The following are the types of investment mentioned in subsection (1)(a)—”;
omit Type 12.
At the end insert—
Section 511 of CTA 2010 (approved charitable investments) is amended in accordance with subsections (7) to (10).
The existing text becomes subsection (2).
Before that subsection insert—
In subsection (2)—
for the words before Type 1 substitute “The following are the types of investment mentioned in subsection (1)(a)—”;
omit Type 12.
At the end insert—
The amendments made by this section have effect in relation to investments made on or after 6 April 2026.
Section 809ZJ of ITA 2007 (tainted donations) is amended in accordance with subsections (2) and (3).
For subsection (5) substitute—
In subsection (8), at the appropriate place insert—.
Section 939C of CTA 2010 (tainted donations) is amended in accordance with subsections (5) and (6).
For subsection (5) substitute—
In subsection (8), at the appropriate place insert—.
Schedule 9 contains amendments connected with those made by this section in relation to tainted charity donations.
The amendments made by this section and by Schedule 9 have effect in relation to relievable charitable donations made on or after 6 April 2026.
In a case where an associated donation is made on or after 6 April 2026 in relation to a tainted donation made before that date, the tainted donation is regarded for the purposes of sections 809ZMB of ITA 2007, section 939FB of CTA 2010 and section 257B of TCGA 1992 as having “become” a tainted donation at the time when it was made.
In subsections (8) and (9)—“associated donation” means an associated donation within the meaning of section 809ZMB of ITA 2007 or section 939FB of CTA 2010 (as inserted, in each case, by Schedule 9);“relievable charitable donation” means a relievable charity donation within the meaning of Chapter 8 of Part 13 of ITA 2007 or Part 21C of CTA 2010;“tainted donation” means a tainted donation within the meaning of Chapter 8 of Part 13 of ITA 2007 or Part 21C of CTA 2010.
Miscellaneous
Schedule 10 contains provision for and in connection with a winter fuel payment charge.
ITTOIA 2005 is amended in accordance with subsections (2) to (4).
After section 23H (double taxation) insert—
In section 7 (income charged), in subsection (1), after “section 23E(1)” insert “, section 23I or section 23M”.
In section 845H (qualifying foreign income)—
in row 1 of the table at the end insert “other than profits of such a trade treated as carried on under section 23I”;
after row 1 of the table insert—
In Schedule 11—
Part 1 inserts Schedule A1 to ITTOIA 2005 (Carried interest: interpretation etc.);
Part 2 contains consequential and connected amendments.
The amendments made by this section and that Schedule have effect for the tax year 2026-27 and subsequent tax years (but in relation to investment management services whenever performed).
Paragraph 134 of Schedule 9 to FA 2024 (power to make further provision in connection with the abolition of the lifetime allowance charge) is amended as follows.
In sub-paragraph (2)—
for paragraph (b) substitute—;
in paragraph (d), at the end insert “(including any provision that could be made under paragraph 133)”.
In sub-paragraph (3) omit “that increase any person’s liability to tax”.
In sub-paragraph (4), for “5 April” substitute “30 June”.
Part 4 of FA 2004 (pension schemes) is amended in accordance with subsections (2) to (9).
In section 153 (registration of pension schemes), in subsection (5)—
omit the “or” at the end each of paragraphs (f), (g) and (h);
at the end of paragraph (i) insert
In section 158 (grounds for de-registration), in subsection (1)—
omit the “or” at the end of each of paragraphs (ea), (f) and (g);
in paragraph (h), after “that the” insert “pension”;
at the end of paragraph (h) insert
For the italic heading before section 274ZA substitute “Master Trust schemes, collective money purchase schemes etc”.
Before section 274ZA (but after the italic heading) insert—
Section 274ZA (National Employment Savings Trust and Master Trust schemes) is amended as follows—
for the heading substitute “Schemes treated as occupational pension schemes”;
after subsection (2) insert—
In section 279 (other definitions), omit subsections (1B) to (1D).
In section 280(2) (general index), in the table—
in the definition of “Master Trust scheme”, for the entry in the second column substitute “section 274ZZA”;
omit the definition of “unauthorised (in relation to a Master Trust scheme)”;
at the appropriate places insert—.
In section 282 (orders and regulations), after subsection (1A) insert—
In FA 2018, in Schedule 3 (pension schemes), in paragraph 4 (Master Trust schemes registered before passing of FA 2018), in sub-paragraph (2), for “Section 274B(2) of FA 2004 (as inserted by paragraph 1(5))” substitute “Section 274ZA(2) of FA 2004”.
Schedule 7A to TIOPA 2010 (interest restriction returns) is amended as follows.
For paragraph 1 (appointment by a worldwide group of a reporting company) substitute—
After that paragraph insert—
For paragraph 2 (revocation by worldwide group of appointment under paragraph 1), substitute—
In paragraph 4 (appointment of reporting company by Revenue and Customs)—
for sub-paragraph (1) substitute—,
in sub-paragraph (4), at the end insert “and supersedes any appointment of a reporting company in relation to that period made under paragraph 1”,
in sub-paragraph (5), after paragraph (b) insert—, and
after sub-paragraph (6) insert—
In paragraph 5 (appointment by officer of Revenue and Customs of replacement reporting company), in sub-paragraph (6)(a), omit sub-paragraph (ii) and the “and” before that sub-paragraph.
In paragraph 6 (obligation of reporting company to notify group members of its status)—
in sub-paragraph (2), for “the relevant time” substitute “the appointment is made”, and
omit sub-paragraphs (3) and (4).
In paragraph 7 (obligation of reporting company to submit interest restriction return)—
for sub-paragraphs (1) to (3) substitute—, and
in sub-paragraph (6), for paragraph (b) substitute—
Consequently, the italic heading before that paragraph becomes “Submission of interest restriction returns by reporting companies”.
In paragraph 8 (revised interest restriction return), in sub-paragraph (3), for paragraph (b) substitute—
In paragraph 10 (meaning of “consenting company” and “non-consenting company”)—
in sub-paragraph (2)—
in paragraph (a), for “the appropriate persons” substitute “the reporting company in relation to the period of account”, and
in paragraph (b), for “the appropriate persons” substitute “the reporting company”, and
omit sub-paragraph (3).
Omit paragraph 11 (company authorising reporting company appointment treated as consenting company) together with the italic cross-heading before it.
After paragraph 11 insert—
In paragraph 20 (required contents of interest restriction return: full returns and abbreviated returns)—
in sub-paragraph (3)—
before paragraph (a) insert—,
in paragraph (c), at the end insert “and whether it authorised the appointment of the reporting company for the period of account”, and
after that paragraph insert—, and
in sub-paragraph (5), for “(a) to (c)” substitute “(za) to (ca)”.
In paragraph 29 (penalty for failure to deliver return)—
in sub-paragraph (1)(a), at the beginning insert “submits or”, and
for sub-paragraph (4) substitute—
In paragraph 44 (enquiry into return for wrong period or wrong group)—
In paragraph 56 (power of Revenue and Customs to make determinations where no return filed etc), in sub-paragraph (4)(a), after “has effect” insert “under paragraph 4 or 5”.
In paragraph 61 (provision of information between members of group where no reporting company appointed), for sub-paragraph (2) substitute—
The amendment made by subsection (3) has effect in relation to periods of account ending on or after 31 March 2024 (except so far as it relates to the new paragraph 11A of Schedule 7A to TIOPA 2010).
The amendments made by subsection (14) have effect in accordance with provision made by regulations made by the Commissioners for His Majesty’s Revenue and Customs.
The remaining amendments made by this section have effect in relation to periods of account ending on or after 31 March 2026.
In section 407 of TIOPA 2010 (amounts not brought into account in determining a company’s tax-EBITDA)—
in subsection (1)(b) (allowances or charges under CAA 2001), at the end insert “or capital expenditure for which a deduction is given under a relevant enactment”, and
after subsection (1) insert—
The amendments made by this section have effect in relation to periods of account ending on or after 31 December 2021.
An interest restriction return which is revised to take account of the amendments made by this section is, despite paragraph 8(3) of Schedule 7A to TIOPA 2010, of effect if the revised return is received by an officer of Revenue and Customs before 1 October 2026.
In Part 20 of CTA 2009 (general calculation rules), in Chapter 1 (restriction of deductions), after section 1305A insert—
The amendment made by this section has effect in relation to accounting periods beginning on or after 26 November 2025; and for that purpose an accounting period beginning before and ending on or after that date is treated as if so much of the period as falls before that date, and so much of the period as falls on or after that date, were separate accounting periods.
In section 80 of FA 2013 (decommissioning relief agreements), after subsection (4) insert—
The amendment made by subsection (1) has effect in relation to claims under decommissioning relief agreements made in relation to decommissioning expenditure incurred on or after 26 November 2025.
Inheritance tax
Agricultural property relief and business property relief
Schedule 12 makes provision—
limiting agricultural property relief and business property relief, and
extending Schedule A1 to IHTA 1984 (overseas property not excluded property if value attributable to UK residential property) to UK agricultural property.
Pension interests
In IHTA 1984, before section 151 (but after the italic heading that precedes it) insert—
IHTA 1984 is amended as follows.
For section 210 substitute—
In section 211 (burden of tax on death), for subsection (3) substitute—
In section 212 (powers to raise tax), in subsection (1), for “or any part of it” substitute “, any property derived from that property, or any part of that property or of property derived from it”.
In section 239 (certificates of discharge), after subsection (4) insert—
In IHTA 1984, after section 226 insert—
IHTA 1984 is amended as follows.
Omit section 12A (pension drawdown fund not used up: no deemed disposition).
In section 18 (exemption for transfers between spouses or civil partners), after subsection (3) insert—
In section 23 (gifts to charities or registered clubs), after subsection (5A) insert—
In section 24 (gifts to political parties), after subsection (4) insert—
In section 24A (gifts to housing associations), after subsection (3) insert—
In section 25 (gifts for national purposes etc), after subsection (3) insert—
In section 27 (maintenance funds for historic buildings etc), after subsection (2) insert—
In section 151 (treatment of pension rights etc)—
for the heading substitute “Other provision about pension interests”;
for subsections (2) and (3) substitute—;
omit subsection (4).
Omit section 152 (cash options).
After section 218A insert—
In section 272 (general interpretation), in subsection (1)—
in the definition of “member”, after “scheme,” insert “a qualifying non-UK pension scheme or a section 615(3) scheme,”;
at the appropriate places insert—;;;;.
ITEPA 2003 is amended in accordance with subsections (2) to (6).
In section 567 (amount charged to tax), in subsection (5), at the appropriate place insert—.
After section 567A insert—
After section 579CA insert—
In section 637T (availability of individual’s lump sum and death benefit allowance where multiple lump sum death benefits paid), after subsection (4) insert—
In section 683 (PAYE income), in subsection (3B), at the end insert “or section 579CB (inheritance tax overpaid by scheme administrator: refund treated as pension)”.
FA 2004 is amended in accordance with subsections (8) to (10).
In section 164 (authorised member payments), in subsection (1), after paragraph (e) (but before the “and” that follows it) insert—.
After section 206 insert—
In section 274A (power to split pension schemes), at the end insert—
Freeze of nil rate band etc
In section 86 of FA 2021 (no indexation of rate bands, residential enhancement and taper threshold for tax years up to 2029-30)—
for “or 2028” substitute “, 2028 or 2029”, and
in the heading, for “2029-30” substitute “2030-31”.
Provision relating to new regime in FA 2025
In IHTA 1984, in section 65 (relevant property: exit charges), after subsection (8A) insert—
The amendment made by subsection (1) is treated as having come into force on 26 November 2025.
In IHTA 1984, after section 75A insert—
The amendment made by subsection (1) is treated as having come into force on 6 April 2025.
In IHTA 1984, after section 155 insert—
The amendment made by subsection (1) is treated as having come into force on 6 April 2025 (and has effect in relation to tax years ending before that date as it has effect in relation to later tax years).
IHTA 1984 is amended in accordance with subsections (2) and (3).
In section 267ZD (further provision about elections under section 267ZC), in subsection (8), for “a lifetime election” substitute “an election under section 267ZC”.
In section 157 (non-residents’ bank accounts), in subsection (3), in each of paragraphs (c) and (d), omit “not”.
The amendment made by subsection (2) is treated as having come into force on 6 April 2025.
The amendment made by subsection (3) is treated as having come into force on 26 November 2025.
Section 157(3) of IHTA 1984 is treated as having had effect for the period beginning with 6 April 2025 and ending with 26 November 2025 with the omission of its paragraphs (c) and (d) (and the insertion of “or” after paragraph (a)).
Infected blood compensation payments
The Treasury may by regulations made by statutory instrument make provision conferring relief from inheritance tax in respect of infected blood compensation payments.
The provision that may be made under subsection (1) includes provision about the treatment of dispositions of amounts received by way of, or that are otherwise referable to, infected blood compensation payments.
Regulations under subsection (1) may—
amend or otherwise modify Schedule 15 to FA 2020 (tax relief for scheme payments etc);
include retrospective provision that does not increase any person’s liability to tax;
make different provision for different cases;
include consequential, transitional or saving provision.
In this section—“infected blood compensation payment” means a payment that—is made under an infected blood compensation scheme, and is a qualifying payment for the purposes of Schedule 15 to FA 2020 (tax relief for scheme payments etc) by virtue of regulations made under paragraph 2(5) of that Schedule;“infected blood compensation scheme” means—the infected blood compensation scheme established by virtue of section 49 of the Victims and Prisoners Act 2024, or the scheme known as the Infected Blood Interim Compensation Payment Scheme (a non-statutory scheme established before that mentioned in paragraph (a)).
A statutory instrument containing regulations under subsection (1) that amend or otherwise modify Schedule 15 to FA 2020 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
A statutory instrument containing any other regulations under subsection (1) is subject to annulment in pursuance of a resolution of the House of Commons.
Gifts to charities and registered clubs
IHTA 1984 is amended as follows.
In section 23 (gifts to charities or registered clubs), in subsection (6)—
in paragraph (a), omit “or is held on trust for charitable purposes only”;
in paragraph (b), omit “or is held on trust for purposes of registered clubs only”.
In section 29A (abatement of exemption where claim settled out of beneficiary’s own resources), in subsection (6), in paragraph (b) of the definition of “the exempt beneficiary”, omit sub-paragraph (ii) and the “or” before it.
In section 142 (alteration of dispositions taking effect on death)—
in subsection (3A), for “the appropriate person” substitute “the charity or registered club to which the property is given”;
omit subsection (3B).
The amendments made by this section have effect—References in this subsection to the making of a transfer of value are to be construed in accordance with IHTA 1984.
in relation to a transfer of value made on a person’s death, if the person dies on or after 6 April 2026;
in relation to a transfer of value made at any other time, if the transfer is made on or after 26 November 2025.
Subsection (2) applies in relation to a transfer of value (“the original transfer”) to the extent that the value transferred by it is attributable to property which meets each of the following conditions, namely—
that immediately before the original transfer a person was beneficially entitled to an interest in possession in the property to which section 49(1) of IHTA 1984 (interests treated as part of estate) applied;
that the person became beneficially entitled to the interest in possession before 26 November 2025;
that by virtue of the original transfer the property is held on trust—but is not given to charities or registered clubs;
only for charitable purposes, or
only for purposes of registered clubs,
that the property is given to charities or registered clubs within the period of 2 years beginning with the date of the original transfer (“the subsequent gift”).
For the purposes of IHTA 1984—
the original transfer is treated as attributable (and as always having been attributable) to property given to charities or registered clubs, and
the subsequent gift is disregarded.
Subsections (1) and (2) have effect—
where the original transfer is made on a person’s death, if the person dies on or after 6 April 2026;
where the original transfer is made at any other time, if the transfer is made on or after 26 November 2025.
Subsections (1) to (3) are to be construed as though they were contained in section 23 of IHTA 1984.
Other existing taxes
Value added tax and insurance premium tax
VATA 1994 is amended as follows.
In Schedule 8, in Group 12 (drugs, medicines, aids for the disabled, etc), omit item 14.
In consequence of the amendment made by subsection (2), in that Group—
for item 15 substitute—,
omit note (6), and
in note (7)—
in the words before paragraph (a), for “14” substitute “15”,
in paragraph (aa), for “the corresponding provision having effect in Northern Ireland” substitute “Part 5 of the Welfare Reform (Northern Ireland) Order 2015”,
in paragraph (aaa), for “disability assistance for children and young people” substitute “Child Disability Payment”,
in paragraph (aab), for “disability assistance for working age people” substitute “Adult Disability Payment”,
after that paragraph insert—, and
for paragraph (b) substitute—
In Schedule 6 (valuation: special cases), after paragraph 11A insert—
The amendments made by this section have effect in relation to leases of motor vehicles commencing on or after—
1 July 2026, or
such later date as may be appointed in regulations made (before 1 July 2026) by statutory instrument by the Treasury.
In Schedule 7A to FA 1994 (insurance premium tax: contracts that are not taxable), for paragraph 3 (and the italic heading before it) substitute—
The amendment made by this section has effect in relation to contracts relating to leases of motor vehicles where the lease commences on or after—
1 July 2026, or
such later date as may be appointed in regulations made (before 1 July 2026) by statutory instrument by the Treasury.
In section 53 of VATA 1994 (tour operators), after subsection (3) insert—
The amendment made by subsection (1) has effect in relation to supplies made on or after 2 January 2026.
Schedule 4 to VATA 1994 (matters to be treated as supply of goods or services) is amended as follows.
In paragraph 5 (transfer of business goods treated as supply)—
in sub-paragraph (2), at the end insert—;
in sub-paragraph (2ZA), at the appropriate place insert—.
After paragraph 5 insert—
The amendments made by subsections (1) to (3) have effect in relation to donations made on or after 1 April 2026.
In section 33 of VATA 1994 (refunds of VAT in certain cases), in subsection (3)(a) (which provides for the section to apply to local authorities and combined authorities), for the words from “and” to the end substitute “, a combined authority established by an order made under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009 and a combined county authority established by regulations made under section 9(1) of the Levelling-up and Regeneration Act 2023;”.
The amendment made by this section has effect in relation to supplies made, and importations or acquisitions taking place, on or after 1 December 2025.
Stamp duty reserve tax
After section 89B of FA 1986 (stamp duty reserve tax) insert—
The amendment made by subsection (1) has effect in relation to an agreement to transfer chargeable securities in a company that is first listed on or after 27 November 2025 (with “first listed” having the same meaning as in section 89C(1)(a) of FA 1986, as inserted by subsection (1)).
Gambling duties
In Chapter 3 of Part 3 of FA 2014 (remote gaming duty), in section 155(3) (which specifies the rate), for “21%” substitute “40%”.
The amendment made by this section has effect in relation to accounting periods beginning on or after 1 April 2026.
In a case where an accounting period (a “straddling period”) begins before 1 April 2026 and ends on or after that date—are to be treated as separate accounting periods for the purpose of calculating the duty concerned for the straddling period.
so much of the straddling period as falls before 1 April 2026, and
so much of it as falls on or after that date,
For the purposes of subsection (3), the amount on which duty is charged is apportioned to those separate accounting periods on a time basis according to the respective lengths of those periods.
Chapter 1 of Part 3 of FA 2014 (general betting duty) is amended as follows.
In the cross-heading after section 125, after “General” insert “, remote”.
In section 126 (meaning of “general bet”), in subsection (1) after paragraph (a) insert—.
After 127 (general bets) insert—
In section 190 of FA 2014 (index of defined expressions), in the Table, after the entry for “registrable person” insert—.
In section 194(4) of FA 2014 (made affirmative procedure for regulations), before paragraph (za) insert—.
This section has effect in relation to accounting periods beginning on or after 1 April 2027, and the charge under section 127A of FA 2014 is on bets made on or after that date.
In a case where an accounting period (a “straddling period”) begins before 1 April 2027 and ends on or after that date—are to be treated as separate accounting periods for the purpose of calculating the duty concerned for the straddling period.
so much of the straddling period as falls before 1 April 2027, and
so much of it as falls on or after that date,
For the purposes of subsection (8), the amount on which duty is charged is apportioned to those separate accounting periods on a time basis according to the respective lengths of those periods.
Omit—
sections 17 to 20C and 31 of the Betting and Gaming Duties Act 1981 (bingo duty);
the cross-heading before section 17 of that Act;
Schedule 3 to that Act (further provision about bingo duty).
Schedule 13 makes—
provision in consequence of subsection (1);
transitional and saving provision.
The repeals and amendments made by this section and Schedule 13 come into force on 1 April 2026.
The Treasury may by regulations make such further transitional, transitory or saving provision as the Treasury consider appropriate in connection with the coming into force of those repeals and amendments.
Regulations under subsection (4) are to be made by statutory instrument.
Alcohol duty
Part 2 of F(No.2)A 2023 (alcohol duty) is amended as follows.
For Schedule 7 (main rates) substitute—.
For Schedule 8 (reduced rates for qualifying draught products) substitute—.
For Schedule 9 (duty discount for small producer alcoholic products)—.
In consequence of the amendments made by the preceding subsections of this section, 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)—
in the entry relating to beer, in the second column, for “£0.91” substitute “£0.95”,
in the entry relating to still wine, in the second column, for “£3.40” substitute “£3.52”,
in the entry relating to sparkling wine, in the second column, for “£3.40” substitute “£3.52”,
in the entry relating to cider, in the second column, for “£0.46” substitute “£0.48”,
in the entry relating to sparkling cider of an alcoholic strength not exceeding 5.5% by volume, in the second column, for “£0.46” substitute “£0.48”,
in the entry relating to sparkling cider of an alcoholic strength exceeding 5.5% but less than 8.5% by volume, in the second column, for “£1.80” substitute “£1.86”,
in the entry relating to other fermented products, in the second column, for “£3.40” substitute “£3.52”, and
in the entry relating to spirits, in the second column, for “£12.30” substitute “£12.75”.
The amendments made by this section are treated as having come into force on 1 February 2026.
Tobacco products duty
In Schedule 1 to TPDA 1979 (table of rates of tobacco products duty), for the Table substitute—.
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)—
in the entry relating to cigarettes, for “£446.67” substitute “£471.93”,
in the entry relating to hand rolling tobacco, for “£476.83” substitute “£503.80”,
in the entry relating to other smoking tobacco and chewing tobacco, for “£183.49” substitute “£193.87”,
in the entry relating to cigars, for “£417.33” substitute “£440.93”,
in the entry relating to cigarillos, for “£417.33” substitute “£440.93”, and
in the entry relating to tobacco for heating, for “£103.17” substitute “£109.01”.
The amendments made by this section are treated as having come into force at 6pm on 26 November 2025.
In Schedule 1 to TPDA 1979 (table of rates of tobacco products duty), for the Table substitute—.
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)—
in the entry relating to cigarettes, for “£471.93” substitute “£518.75”,
in the entry relating to hand rolling tobacco, for “£503.80” substitute “£574.30”,
in the entry relating to other smoking tobacco and chewing tobacco, for “£193.87” substitute “£248.07”,
in the entry relating to cigars, for “£440.93” substitute “£508.12”,
in the entry relating to cigarillos, for “£440.93” substitute “£508.12”, and
in the entry relating to tobacco for heating, for “£109.01” substitute “£127.94”.
The amendments made by this section come into force on 1 October 2026.
Taxes relating to vehicles
Schedule 1 to VERA 1994 (annual rates of vehicle excise duty) is amended as follows.
In paragraph 1 (general rate)—
in sub-paragraph (2) (vehicle not covered elsewhere in Schedule with engine cylinder capacity exceeding 1,549cc), for “£360” substitute “£375”, and
in sub-paragraph (2A) (vehicle not covered elsewhere in Schedule with engine cylinder capacity not exceeding 1,549cc), for “£220” substitute “£230”.
In paragraph 1B, for the Table substitute—.
In the sentence immediately following the Table in that paragraph, for the words from “as if” to the end substitute “as if, in column (3), in the last two rows, “445” were substituted for “760” and “790”.”
In paragraph 1GC, for Table 1 (vehicles other than higher rate diesel vehicles) substitute—.
In that paragraph, for Table 2 (higher rate diesel vehicles) substitute—.
In paragraph 1GD(1)(rates for any other licence for light passenger vehicles registered on or after 1 April 2017), for “£195” substitute “£200”.
In paragraph 1GE(2) (rates for light passenger vehicles registered on or after 1 April 2017 with a price exceeding £40,000), for “£620” substitute “£640”.
In paragraph 1J(a) (rates for light goods vehicles that are not pre-2007 or post-2008 lower emission vans), for “£345” substitute “£360”.
In paragraph 2(1) (rates for motorcycles)—
in paragraph (a) (engine cylinder capacity not exceeding 150cc), for “£26” substitute “£27”,
in paragraph (b) (motorbicycles with engine cylinder capacity exceeding 150cc but not exceeding 400cc), for “£57” substitute “£59”,
in paragraph (c) (motorbicycles with engine cylinder capacity exceeding 400cc but not exceeding 600cc), for “£87” substitute “£90”, and
in paragraph (d) (other cases), for “£121” substitute “£125”.
The amendments made by this section have effect in relation to licences taken out on or after 1 April 2026.
Schedule 1 to VERA 1994 (annual rates of vehicle excise duty) is amended as follows.
In paragraph 9 (rigid goods vehicles exceeding 3,500 kgs revenue weight), for the table in sub-paragraph (1) substitute—.
In paragraph 11(1) (tractive units), for Table 1 and Table 2 substitute—.
The amendments made by this section have effect in relation to licences taken out on or after 1 April 2026.
In paragraph 10 of Schedule 1 to VERA 1994 (supplement to annual rate of duty for rigid goods vehicles with trailers), in sub-paragraph (6), for the Tables 1 to 6 substitute—.
In that paragraph, in sub-paragraph (7), for “£631” substitute “£654”.
The amendments made by this section have effect in relation to licences taken out on or after 1 April 2026.
In—for “£1,643” substitute “£1,703”.
paragraph 6(2A)(a) of Schedule 1 to VERA 1994 (vehicles with exceptional loads),
paragraph 9(3) of that Schedule (rigid goods vehicle which has weight exceeding 44,000 kg and is not an island goods vehicle), and
paragraph 11(3) of that Schedule (tractive unit vehicle which has weight exceeding 44,000 kg and is not an island goods vehicle),
The amendments made by this section have effect in relation to licences taken out on or after 1 April 2026.
In paragraph 7(3A) of Schedule 1 to VERA 1994 (which specifies the rate applicable to haulage vehicles other than showman’s vehicles), for £365” substitute “£380”.
The amendment made by this section has effect in relation to licences taken out on or after 1 April 2026.
In paragraph 1GE of Schedule 1 to VERA 1994 (rates for light passenger vehicles registered on or after 1 April 2017 with a price exceeding £40,000)—
in sub-paragraph (1)(a), for “£40,000” substitute “the applicable amount”, and
after sub-paragraph (1) insert—
The amendments made by this section have effect in relation to any licence where the period for which the licence has effect begins on or after 1 April 2026 (whenever the licence is taken out).
Schedule 1 to the HGV Road User Levy Act 2013 (rates of the levy) is amended as follows.
In paragraph 5, for Table 1 substitute—.
In paragraph 5, for Table 1A substitute—.
The amendments made by this section come into force on 1 April 2026.
Section 30 of FA 1994 (air passenger duty: rates) is amended as follows.
In subsection (1B) (journeys ending in the United Kingdom)—
in paragraph (a), for “£8” substitute “£8.26”, and
in paragraph (b), for “£16” substitute “£16.52”.
In subsection (2) (short-haul journeys)—
in paragraph (a), for “£15” substitute “£15.49”, and
in paragraph (b), for “£32” substitute “£33.04”.
In subsection (2A) (long-haul journeys)—
in paragraph (a), for “£102” substitute “£105.33”, and
in paragraph (b), for “£244” substitute “£251.95”.
In subsection (4A) (ultra-long haul journeys)—
in paragraph (a), for “£106” substitute “£109.46”, and
in paragraph (b), for “£253” substitute “£261.25”.
In subsection (4E) (journeys on aircraft equipped to carry fewer than 19 passengers)—
in paragraph (za), for “£142” substitute “£146.63”,
in paragraph (a), for “£142” substitute “£146.63”,
in paragraph (aa), for “£1,097” substitute “£1132.76”, and
in paragraph (d), for “£1,141” substitute “£1178.20”.
The amendments made by this section have effect in relation to the carriage of passengers beginning on or after 1 April 2027.
Environmental taxes
In paragraph 42(1) of Schedule 6 to FA 2000 (climate change levy: amount payable by way of levy), for the table substitute—.
The amendment made by this section has effect in relation to supplies treated as taking place on or after 1 April 2027.
Section 42 of FA 1996 (amount of landfill tax) is amended as follows.
In subsection (1)(a) (standard rate), for “£126.15” substitute “£130.75”.
In subsection (2) (reduced rate for certain disposals), in the words after paragraph (b)—
for “£126.15” substitute “£130.75”, and
for “£4.05” substitute “£8.65”.
The amendments made by this section have effect in relation to disposals made (or treated as made) on or after 1 April 2026.
In section 16(4) of FA 2001 (rate of aggregates levy), for “£2.08” substitute “£2.16”.
The amendment made by this section has effect in relation to aggregate subjected to commercial exploitation on or after 1 April 2026.
Schedule 14 (aggregates levy: amendments relating to disapplication of levy to Scotland) has effect.
In section 45(1) of FA 2021 (rate of plastic packaging tax), for “£223.69” substitute “£228.82”.
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 2026.
Part 2 of FA 2021 (plastic packaging tax) is amended as follows.
In section 47(1)(a) (chargeable plastic packaging components)—
before “proportion” insert “combined”;
after “recycled plastic” insert “and attributed recycled plastic”.
In section 49 (meaning of “plastic” and “recycled plastic”)—
in the heading, for “and “recycled plastic”” substitute “, “recycled plastic” and “attributed recycled plastic””;
after subsection (2) insert—;
after subsection (7) insert—;
in subsection (8), for “and “recycled plastic”” substitute “, “recycled plastic” and “attributed recycled plastic””;
in subsection (10), after “recycled plastic” insert “or attributed recycled plastic”.
After section 49 insert—
In section 83 (interpretation), at the appropriate places insert—;.
In section 84(5)(b) (regulations), for “and “recycled plastic”” substitute “, “recycled plastic” and “attributed recycled plastic””.
In section 49 of FA 2021 (meaning of “plastic” and “recycled plastic”)—
in subsection (4), in the opening words, omit “pre-consumer plastic or”;
omit subsection (5).
The following come into force on the day on which this Act is passed—
this section;
any provision of, or amendment made by, section 105 so far as it confers a power to make regulations or relates to the exercise of such a power.
The following come into force on 1 April 2027—
section 105, so far as not brought into force by subsection (1)(b);
section 106.
Soft drinks industry levy
In section 36(1) of FA 2017 (rates of soft drinks industry levy)—
in paragraph (a) (soft drinks that meet higher sugar threshold), for “£2.59” substitute “£2.78”, and
in paragraph (b) (other soft drinks), for “£1.94” substitute “£2.08”.
The amendments made by this section have effect in relation to chargeable events occurring on or after 1 April 2026.
Customs duties
Section 8 of TCTA 2018 (the customs tariff) is amended as follows.
After subsection (3) insert—
After subsection (8) insert—
Schedule 4 to TCTA 2018 (dumping of goods or foreign subsidies causing injury to UK industry) is amended as follows.
In the italic heading before paragraph 9, after “investigation” insert “: request made to TRA”.
In paragraph 9 (initiation of a dumping or a subsidisation investigation)—
in sub-paragraph (1)—
in the opening words, omit “only”;
in paragraph (a), omit sub-paragraph (ii) and the “or” before it;
in sub-paragraph (2)—
in paragraph (a), omit “in the case of an application under sub-paragraph (1)(a)(i),”;
omit paragraph (b).
After paragraph 9 insert—
In paragraph 10(2) (conduct of a dumping or a subsidisation investigation), after paragraph (d) insert—.
In paragraph 17(8B) (TRA’s duty to recommend an anti-dumping amount or countervailing amount)—
for “The Secretary of State may by regulations” substitute “Regulations may”;
after “specified circumstances, to” insert “give or”.
In paragraph 18 (TRA's recommendations about an anti-dumping amount or a countervailing amount)—
in sub-paragraph (6), omit paragraph (b) and the “or” before it;
after sub-paragraph (6) insert—;
in sub-paragraph (7) omit the words from “for the purposes of” to the end and insert “about how an amount specified in regulations under sub-paragraph (6A) is to be determined by the TRA”.
Schedule 5 to TCTA 2018 (increase in imports causing serious injury to UK producers) is amended in accordance with subsections (2) to (5).
In the italic heading before paragraph 7, after “investigation” insert “: request made to TRA”.
In paragraph 7 (initiation of a safeguarding investigation)—
in sub-paragraph (1)—
in the opening words, omit “only”;
in paragraph (a), omit sub-paragraph (ii) and the “or” before it;
in sub-paragraph (2)—
in paragraph (a), omit “in the case of an application under sub-paragraph (1)(a)(i),”;
omit paragraph (b);
in sub-paragraph (3)—
in paragraph (a), omit “in the case of an application under sub-paragraph (1)(a)(i),”;
omit paragraph (b).
After paragraph 7 insert—
In paragraph 16 (final affirmative determination), for sub-paragraph (6) substitute—
Schedule 5A to TCTA 2018 (increase in imports as a result of free trade agreement causing serious injury to UK producers) is amended in accordance with subsections (7) and (8).
In paragraph 5 (initiation of a bilateral safeguarding investigation), for sub-paragraphs (3) and (4) substitute—
After paragraph 5 insert—
This section and section 110 come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint; and different days may be appointed for different purposes.
Section 20 of CEMA 1979 (approval of wharves) is amended as follows.
In subsection (1A)—
omit the “or” after paragraph (a),
after paragraph (a) insert—.
after paragraph (b) insert—
After subsection (1B) insert—
Section 20(A) of CEMA 1979 (approved wharves) is amended as follows.
Renumber that section as section 20A.
In subsection (1)—
in paragraph (a), for “20” substitute “20(1)”, and
after that paragraph insert
In subsection (1A), after “imposed” insert “by or”.
The amendments made by this section come into force on the day on which this Act is passed.
But CEMA 1979 continues to have effect, for any purpose in connection with duty under section 30A(3) or 40A of TCTA 2018, as if the amendments made by this section had not been made.
Economic crime (anti-money laundering) levy
In section 54 of FA 2022 (charge to the levy)—
in subsection (1)(b), for the words from “is” to the end substitute “is in any of the bands set out in section 55”, and
in subsection (2)—
in paragraph (a), for “medium” substitute “in band A” and for “£10,000” substitute “£10,200”,
in paragraph (b), for “large” substitute “in band B”,
after paragraph (b) insert—, and
in paragraph (c), for “very large” substitute “in band D” and for “£500,000” substitute “£1million”.
In section 55 of FA 2022 (UK revenue: amount), in subsection (1)—
in paragraph (a), for “medium” substitute “in band A”,
in paragraph (b), for “large” substitute “in band B” and for “£1billion” substitute “£500 million”,
after paragraph (b) insert—, and
in paragraph (c), for “very large” substitute “in band D”.
In consequence of the amendments made by the preceding subsections, in section 189 of the Economic Crime and Corporate Transparency Act 2023, in subsections (3)(b)(ii) and (11) (which operate by reference to provisions amended by this section), for “large or very large” substitute “in any of bands B to D”.
The amendments made by this section have effect for the financial year beginning with April 2026 and subsequent financial years.
Annual tax on enveloped dwellings
In section 106 of FA 2013 (adjustment of amount chargeable), omit subsection (6).
The amendment made by this section is treated as always having been in force.
Vaping products duty
Charge
An excise duty is charged on vaping products produced in, or imported into, the United Kingdom.
The duty is charged at a rate of £2.20 per 10 millilitres, rounded down to the nearest penny.
In this Part, “vaping products duty” means excise duty charged under this section.
In this Part, “vaping product” means a liquid that—and is not a medicinal product or a tobacco product.
contains nicotine and either or both of glycerine and a glycol, or
is intended to be vaporised by a vape,
For the purposes of this Part—
a liquid may be intended to be vaporised by a vape even if a consumer would be required to mix it with another substance before vaporising it by a vape;
a reference to vaporisation includes a reference to aerosolisation;
a reference to a liquid includes a reference to a liquid that has been frozen.
For the purposes of this Part, a vaping product is produced if—
a substance that is not duty-paid is—
combined or mixed with another substance (whether or not that substance is duty-paid), or
otherwise processed, and
the resulting substance is a vaping product.
If a liquid that is not duty-paid is packaged, labelled or advertised so as to indicate it is intended to be vaporised by a vape, the act of packaging, labelling or advertising is to be treated, for the purposes of this Part, as producing a vaping product.
In this section, a reference to a substance or liquid that is not duty-paid is a reference to a substance or liquid that—
is not a vaping product, or
is a vaping product on which duty has not been paid or deferred under a duty deferment arrangement.
Vaping products must not be produced except in accordance with regulations under section 45 of TCTA 2018.
Vaping products duty is to be paid, and the amount chargeable is to be determined and become due, in accordance with provision made by or under—
section 1 of F(No.2)A 1992 (powers to fix excise duty point);
section 45 of TCTA 2018 (general power for excise duty purposes etc).
Administration
The Commissioners are responsible for the collection and management of vaping products duty.
For the purposes of this Part, the Commissioners may by regulations make provision—
requiring vaping products to be held in duty suspense arrangements, including in premises of a kind specified in the regulations;
requiring the giving of a guarantee or other security;
about civil penalties and forfeiture, including provision for exceptions and joint and several liability;
about appeals, including provision amending FA 1994.
Duty stamps
A vaping product must be stamped in accordance with regulations made under this Part and section 45 of TCTA 2018.
For the purposes of this Part, a vaping product is stamped if a duty stamp is affixed to—and a reference to a stamp being affixed to a vaping product includes a reference to a stamp being affixed to its retail packaging.
the vaping product, or
the retail packaging of the vaping product,
The Commissioners may by regulations make provision—
requiring a stamp to be linked to a particular vaping product;
specifying information to be provided to HMRC for the purpose of paragraph (a) or otherwise in connection with a stamped vaping product.
In this Part, a “duty stamp” means a document issued by the Commissioners that—
is designed to be affixed to a vaping product or the retail packaging of a vaping product,
is uniquely identifiable, and
indicates that the product to which it is affixed is liable to vaping products duty.
The Commissioners must make arrangements for the issue and management of duty stamps.
The Commissioners may by regulations provide for the charging of fees in connection with the issue and management of duty stamps (but such a fee may not offset any liability to vaping products duty).
The Commissioners may by published notice authorise a person to act as a stamp issuer for the purposes of this Part.
In this Part, “stamp issuer” means—
a person authorised under subsection (3), or
if no person is authorised, the Commissioners.
A duty stamp may not be issued to a person who is not approved under this section.
The Commissioners may approve a person if they are satisfied that the person—
has a fixed place of business in the United Kingdom, and
meets such other requirements as may be specified in regulations under section 45 of TCTA 2018.
An approved stamp holder may not transfer a duty stamp to any person before it has been affixed to, and activated in respect of, a vaping product (in which case it may be transferred as part of the vaping product).
Subsection (3) does not prevent the return of stamps to a stamp issuer.
The Commissioners may by regulations make provision—
about what it means to have a fixed place of business in the United Kingdom;
for exceptions to subsection (3);
limiting the number of duty stamps that may be issued to (or, in the case of an overseas person, in respect of) a person within a specified period;
permitting or requiring duty stamps to be voided, destroyed or returned in certain circumstances, including on the expiry of a specified period.
The Commissioners may approve an approved stamp holder to represent a person who does not have a fixed place of business in the United Kingdom.
A duty stamp may, at the request of a UK representative, be issued to the UK representative by way of delivery to an overseas person.
A UK representative is responsible for a stamp issued as described in subsection (2) from the point at which it is delivered to the overseas person.
Section 122(3) (restriction on transfer) does not apply in relation to the transfer of a duty stamp between a UK representative and an overseas person.
A UK representative who transfers a duty stamp to an overseas person remains responsible for the stamp after transfer.
For the purposes of subsections (3) and (5), a person who is responsible for a stamp is also liable to penalties arising under this Part or regulations made under this Part in respect of it.
The Commissioners may by regulations make provision about UK representatives, including provision—
about their dealings with an overseas person and what it means to be responsible for duty stamps, and
providing for exceptions to this section.
In this Part—“overseas person” means, when used in connection with a UK representative, someone in respect of whom the UK representative is approved under subsection (1);“UK representative” means a person approved under subsection (1), and a reference to a stamp being delivered to an approved stamp holder includes, in the case of a UK representative, a reference to a stamp being delivered to an overseas person.
Forfeiture
The following things are liable to forfeiture—
an unstamped vaping product;
an invalid duty stamp and any product to which an invalid duty stamp is affixed;
a duty stamp that, after the end of the period of 12 months beginning with the day on which it was issued, has not been—
affixed to, and activated in respect of, a vaping product, or
returned to a stamp issuer.
In subsection (1)(b), an “invalid duty stamp” means—
a duty stamp which has been altered after it has been issued;
a document which purports to be (but is not) a duty stamp;
a voided duty stamp.
For things that are liable to forfeiture only in particular circumstances, see—
section 128 (civil penalties);
section 133 (criminal offences).
Civil penalties and enforcement
A person who sells, offers for sale or otherwise deals in unstamped vaping products packaged for retail sale is liable to a penalty.
The penalty under subsection (1) is the amount indicated in the table, to be determined by cross-referencing—
the number of units in respect of which the penalty is imposed, and
whether it is the first, second or further time that the person has been liable to a penalty under subsection (1) since the beginning of the relevant period.
For the purpose of determining a penalty under subsection (2)—“relevant period” means the period of 24 months ending with the day on which the person becomes liable to the penalty being determined;“unit” means an amount of vaping product packaged for individual retail sale.
An approved stamp holder to whom a duty stamp is issued and delivered is liable to a penalty if—
the stamp is lost, or
at the end of the period of 12 months beginning with the day on which the stamp was issued, the stamp has not been—
affixed to, and activated in respect of, a vaping product,
returned to a stamp issuer, or
destroyed.
Subsection (1) does not apply if the stamp was lost in circumstances where the approved stamp holder—
did not cause the loss, and
took all reasonable steps to protect against the loss.
The penalty under subsection (1) is an amount equal to five times the monetary amount specified in section 115 (excise duty: charge).
The following is conduct which attracts a penalty under section 9 of FA 1994—
altering a duty stamp after it has been issued;
affixing an invalid duty stamp to a vaping product.
In this section, an “invalid duty stamp” means—
a duty stamp which has been altered after it has been issued;
a document which purports to be (but is not) a duty stamp;
a voided duty stamp.
Failure to comply with a provision or requirement specified in subsection (2) is conduct which attracts a penalty under section 9 of FA 1994.
The following provisions and requirements are specified for the purpose of subsection (1)—
provision contained in this Part or regulations made under this Part;
provision contained in regulations made under section 45 of TCTA 2018 insofar as it applies in relation to vaping products duty;
any requirements imposed under such provision.
Where a person is liable to a penalty under section 125 (dealing in unstamped vaping products), any stamped vaping product—is liable to forfeiture.
that is in the person’s possession at the time of the conduct in respect of which the liability arises, and
which the Commissioners have reason to believe is owned or used in the course of a business carried out by any person,
Where a person is liable to a penalty for a failure of a kind described in section 127(1) (failure to comply with this Part etc), the following things are liable to forfeiture—
any vaping product or duty stamp to which the failure relates, or
where the failure relates to premises—
any stamped vaping product found on the premises which the Commissioners have reason to believe is owned or used in the course of a business carried out by any person, and
any duty stamp found on the premises.
Offences
It is an offence for a person who is not an approved stamp holder to possess a duty stamp that has not been affixed to a vaping product.
It is an offence for a person to transfer a duty stamp that has not been affixed to a vaping product to another person.
It is a defence for a person charged with an offence under this section to prove that they did not know, suspect or have reason to suspect that they were possessing or transferring a duty stamp that had not been affixed to a vaping product.
Subsection (1) and (2) do not apply in relation to—
a transfer between a UK representative and an overseas person,
possession by the overseas person, or
a person providing a delivery service on a commercial basis.
Subsection (2) does not apply in relation to a transfer to a stamp issuer.
It is an offence to—an unstamped vaping product.
possess, transport or display, or
sell, offer for sale or otherwise deal in,
It is an offence for a person who is a manager of premises to cause or permit the premises to be used for the sale of an unstamped vaping product.
It is a defence for a person charged with an offence under this section to prove that they did not know, suspect or have reason to suspect that the product to which the charge relates was an unstamped vaping product.
A manager of premises is a person who—
is entitled to control their use,
is entrusted with their management, or
is in charge of them.
If a person is convicted of an offence under section 130(2), the court by which the person is convicted of the offence may make an order prohibiting the use of the premises in respect of which the offence was committed for the sale of vaping products.
The term of the order may not exceed twelve months.
It is an offence for a manager of premises to cause or permit the premises to be used in breach of an order under this section.
In this section, “manager of premises” has the meaning given in section 130.
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;
in Northern Ireland, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
In the case of an offence under section 129 (dealing in duty stamps), the following things are liable to forfeiture—
any duty stamp in relation to which the offence is committed, and
any duty stamp that is not affixed to a vaping product and that is in the person’s possession at the time the offence is committed.
In the case of an offence under section 130(1) (dealing in unstamped vaping products), any stamped vaping product—is liable to forfeiture.
that is in the person’s possession at the time the offence is committed, and
which the Commissioners have reason to believe is owned or used in the course of a business carried out by any person,
that is on the premises at the time the offence is committed, and
which the Commissioners have reason to believe is owned or used in the course of a business carried out by any person,
General provision
The Commissioners may publish information provided to HMRC under section 120(3)(b) (stamping of vaping products) for the purpose of enabling retailers, consumers and other persons to assess whether a duty stamp has been activated in respect of a vaping product.
The Commissioners may disclose such information as the Commissioners consider appropriate in connection with—
the Commissioners’ functions relating to vaping products duty, or
the recipient’s functions relating to vaping products duty.
Any person with functions relating to vaping products duty may disclose to HMRC such information as the person considers appropriate in connection with—
the Commissioners’ functions relating to vaping products duty, or
the person’s functions relating to vaping products duty.
A person who receives information from the Commissioners as a result of this section may not—except with the consent of the Commissioners (which may be general or specific).
use the information for a purpose other than the purpose for which it was disclosed, or
further disclose the information,
If—section 19 of CRCA 2005 (offence of wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of information in contravention of section 20(9) of that Act.
a person discloses information in contravention of subsection (3)(b), and
the information relates to a person whose identity is specified in, or can be deduced from, the disclosure,
Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of CRCA 2005 or under any other enactment or rule of law.
In this section, a reference to the Commissioners or HMRC include a reference to anyone acting on their behalf.
A local enforcement authority may investigate compliance with this Part, regulations made under this Part and regulations made under section 45 of TCTA 2018 in relation to vaping products duty, and may carry out inspections of vaping products for that purpose.
In this section, “local enforcement authority” means—
in Great Britain, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;
in Northern Ireland, a district council.
Regulations under this Part may—
confer a discretion on any specified person to do anything under, or for the purposes of, the regulations;
make provision by reference to things specified in a notice published in accordance with the regulations;
make supplementary, incidental and consequential provision;
make transitional or transitory provision and savings.
A power to make regulations under this Part, or a power to exercise a discretion or publish a notice under regulations made under this Part, may be exercised—
in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified case or description of case;
so as to make different provision for different purposes or areas.
A notice published under this Part may be withdrawn or revised by further published notice.
A power to make regulations under this Part does not restrict any power to make legislation under any other enactment relating to excise duty.
Regulations under this Part must be made by statutory instrument.
A statutory instrument containing regulations under this Part is subject to made affirmative procedure if it contains (whether alone or with other provision) provision that—
amends an Act of Parliament,
restricts any rebate of or relief from vaping products duty, or
extends the cases in which vaping products are required to be stamped.
Where a statutory instrument is subject to made affirmative procedure—
it must be laid before the House of Commons after being made, and
it ceases to have effect at the end of the period of 28 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the House of Commons.
Where a statutory instrument ceases to have effect as a result of subsection (3), that does not—
affect the validity of anything previously done under the instrument, or
prevent the making of a new statutory instrument.
In calculating the period of 28 days for the purposes of subsection (3), no account is to be taken of any whole days that fall within a period during which—
Parliament is dissolved or prorogued, or
the House of Commons is adjourned for more than 4 days.
A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of the House of Commons if it does not contain provision of a kind described in subsection (2).
Subsections (2) to (6) do not apply to regulations made under section 141 (commencement and transitional provision).
Schedule 15 contains amendments of other enactments.
In this Part—“activated”, in relation to a duty stamp, means linked to a particular vaping product in accordance with regulations made under section 120 and section 45 of TCTA 2018;“approved stamp holder” means a person approved under section 122 (approved stamp holders);“Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“duty deferment arrangement” means provision made by or under the customs and excise Acts that permits the payment of excise duty to be deferred;“duty stamp” has the meaning given in section 120(4);“HMRC” means His Majesty’s Revenue and Customs;“medicinal product” has the meaning given in the Human Medicines Regulations 2012 (S.I. 2012/1916);“overseas person” has the meaning given in section 123(8) (United Kingdom representatives);“retail packaging”, in relation to a product, means the packaging in which it is, or is intended to be, presented for sale by retail;“stamp issuer” has the meaning given in section 121(4);“stamped vaping product” means a vaping product which is stamped in accordance with this Part and regulations made under section 45 of TCTA 2018;“tobacco product” has the meaning given in section 1 of TPDA 1979;“UK representative” has the meaning given in section 123(8);“unstamped vaping product” means a vaping product which is required to be stamped in accordance with this Part and regulations made under section 45 of TCTA 2018, but is not so stamped;“vape” means a device that vaporises substances for the purpose of inhalation through a mouthpiece;“vaping product” has the meaning given in section 116(1) (but see subsection (2));“vaping products duty” has the meaning given in section 115(3).
Section 115 comes into force on 1 October 2026.
Section 115 has effect in relation to vaping products that—as though they were produced in, or imported into, the United Kingdom on 1 October 2026.
were produced in, or imported into, the United Kingdom before 1 October 2026, and
are stamped (see section 120(2)),
Sections 117(4) (production only in accordance with regulations) and 120(1) (duty to stamp in accordance with regulations) come into force on such day as the Treasury may by regulations appoint.
Section 129 comes into force two months after this Act is passed.
The Treasury may by regulations provide that, for a specified period, this Part has effect as though—
a reference to a duty stamp includes a reference to a transitional duty stamp;
in section 122(3) the words “and activated in respect of” were omitted;
Regulations under subsection (6) may—
define “transitional duty stamp”;
make further provision about the specified period and transitional duty stamps.
The Treasury may by regulations provide that, for a specified period, this Part has effect as though a reference to an approved stamp holder or UK representative is a reference to a person being approved or treated as an approved stamp holder or UK representative.
Regulations under subsection (8) may make provision about when a person is to be treated as an approved stamp holder or UK representative.
The Treasury may by regulations extend a period specified in regulations under this section.
Regulations under subsection (7)(b) may include provision imposing penalties and for forfeiture.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.
Carbon border adjustment mechanism
Introduction
A tax called the carbon border adjustment mechanism (“CBAM”) is to be charged in accordance with this Part.
In this Part—
The charge
CBAM is charged on the emissions embodied in a CBAM good when the good is imported into the United Kingdom.
Schedule 16 specifies the following kinds of goods—
aluminium goods;
cement;
fertilisers;
hydrogen;
iron and steel goods.
For the purposes of this Part, a reference to a good being imported into the United Kingdom is a reference to—
the first time a good is imported as described in this section, and
if a good is imported as described in this section and subsequently exported from the United Kingdom, the next time the good is imported as described in this section.
If a CBAM good is chargeable to import duty under section 1 of TCTA 2018, it is imported when liability to import duty is incurred in respect of the good.
If a CBAM good is chargeable to duty under section 30C of TCTA 2018, it is imported when liability to that duty is incurred in respect of the good.
If a CBAM good is chargeable to duty under section 30A(3) or 40A(1)(a) of TCTA 2018 (or would be so chargeable but for regulations within section 30B(1)(a) or 40B(1)(a) of that Act), it is imported when liability to that duty is incurred in respect of the good (or would be incurred but for the regulations).
If a CBAM good is—it is imported at the time of importation for the purposes of the customs and excise Acts.
a Union good that is imported into the United Kingdom as a result of its entry into Northern Ireland and not excluded by regulations made by the Treasury,
a good that is imported into the United Kingdom from the Isle of Man and not excluded by regulations made by the Treasury,
a domestic good by virtue of regulations made under section 33(8) of TCTA 2018 relating to goods declared for an outward processing procedure, or
a domestic good by virtue of subsection (6) of section 36 of TCTA 2018 or regulations made under that section,
If a CBAM good would be chargeable to duty under section 30C of TCTA 2018 but for regulations within subsection (6)(a) of that section, it is imported at the time of entry of the good in Great Britain in the course of the removal of the good to Great Britain from Northern Ireland.
The reference in subsection (4) to when liability to duty under section 30A(3) or 40A(1)(a) of TCTA 2018 is incurred in respect of a good is to when, for the purpose of the duty, a customs debt on import is incurred under UCC 2013.
For the purposes of determining, in accordance with subsection (5), when a CBAM good is imported into the United Kingdom from the Isle of Man, section 8 of the Isle of Man Act 1979 (removal of goods from the Isle of Man) has effect as if, in subsection (2) of that Act, at the end of paragraph (c), there were inserted
Section 5 of CEMA 1979 applies for the purpose of subsection (6) to determine the time of entry of a CBAM good in Great Britain in the course of the removal of the good to Great Britain from Northern Ireland as it applies for the purpose of the customs and excise Acts to determine the time of importation of goods—
reading references in that section to the time of importation of goods as the time of entry of the CBAM good in Great Britain, and
reading references in subsections (2) and (6) of that section to the United Kingdom as Great Britain.
Regulations made by the Treasury may exclude from subsection (4) or (6) (as the case may be) goods that would be chargeable to duty under section 30A(3), 30C or 40A(1)(a) of TCTA 2018 but for regulations within section 30B(1)(a), 30C(6)(a) or 40B(1)(a) of that Act.
Subsection (2) applies where—
a CBAM good has been declared for a special customs procedure,
the CBAM good is processed under the procedure,
the processing produces a good that is not a CBAM good, and
that good is imported into the United Kingdom.
When the good that is not a CBAM good is first imported as described in section 144, CBAM is charged on so much of the emissions embodied in that good as were embodied in the CBAM good when it was declared for the special customs procedure.
References in this Part to a CBAM good include a reference to a good imported in the circumstances described in subsection (1).
In this section, “special customs procedure” means—
a special Customs procedure (within the meaning of section 3(4) of TCTA 2018);
a special procedure provided for by Title 7 of UCC 2013, other than the outward processing procedure.
The person liable to CBAM on the emissions embodied in a CBAM good is the importer.
if liability to import duty, or duty under section 30C of TCTA 2018, is incurred when a declaration for a Customs procedure is accepted, or when there is a breach of a requirement relating to the procedure—
the person in whose name the declaration for the procedure was made, or
if the declaration was made on behalf of another person, the person on whose behalf the declaration was made, or
if paragraph (a) does not apply, the person on whose behalf the good is imported.
If a CBAM good is imported as described in section 144(4), the importer is—
if liability to duty under section 30A(3) or 40A(1)(a) of TCTA 2018 is incurred when a Union customs declaration in respect of the good is accepted, or when there is a breach of a requirement relating to the procedure for which it is accepted—
the declarant, or
if the declaration was made on behalf of another person, the person on whose behalf the declaration was made, or
if paragraph (a) does not apply, the person on whose behalf the good is imported.
If a CBAM good is imported as described in section 144(5), the importer is the person on whose behalf the good is imported.
In this section—“Customs procedure” means a procedure set out in section 3(3) of TCTA 2018;“declarant”, in relation to a Union customs declaration, has the meaning given by Article 5(15) of UCC 2013;“Union customs declaration” means a customs declaration for the purposes of UCC 2013.
CBAM is not charged on the emissions embodied in a CBAM good if the importer—
is, at the time the good is imported, neither registrable nor registered (see Part 2 of Schedule 17), or
is importing the good otherwise than in the course of a business.
CBAM is not charged on the emissions embodied in a CBAM good if—
the good is imported as described in section 144(4) and relief under Article 203 of UCC 2013 (returned goods) is available in respect of the good;
the good is within section 144(5)(a) and was—
exported from the United Kingdom as a Union good as a result of its removal from Northern Ireland, and
imported into the United Kingdom as described in section 144(5)(a) not more than 3 years later, in the state in which it was exported (see Article 203(5) of UCC 2013);
the good is imported as described in section 144(5)(b) and returned goods relief would be available in respect of it if liability to import duty were incurred by reference to its importation into the United Kingdom.
CBAM is not charged on so much of the emissions embodied in a CBAM good (“the chargeable good”) as are attributable to the production of another CBAM good which—
was processed to produce the chargeable good.
If, but for this subsection, a liability to duty would have been incurred for the purposes of section 144(2) or (3) in circumstances where—the liability to duty is treated as not having been incurred on that occasion for the purposes of section 144(2) or (3) (and, accordingly, the good is treated as not having been imported as described in section 144(2) or (3) on that occasion).
liability to duty was incurred in accordance with section 4(4)(a) of TCTA 2018,
liability to duty was incurred by virtue of HMRC accepting a declaration of the good for a temporary admission procedure, and
full relief was given from the liability to duty incurred,
But subsection (4) does not apply if—
there was no entitlement to make the declaration mentioned in subsection (4)(b), or
the full relief given, mentioned in subsection (4)(c), was not available.
The Treasury may by regulations specify other circumstances in which CBAM is not charged on emissions, or certain emissions, embodied in a CBAM good.
Regulations under subsection (6) may also treat an importation into the United Kingdom, for any purpose of this Part, of a CBAM good in respect of which the regulations apply as not having occurred (including by virtue of provision similar to subsection (4)).
In this section—“customs tariff in its standard form” means the customs tariff, as defined in section 8 of TCTA 2018, as it has effect without regard to any provision made under sections 9 to 15 or section 19(4) of that Act;“returned goods relief” means relief for import duty available—by virtue of the UK Reliefs document, and by reference to the fact the good is being returned to the United Kingdom, or Great Britain, having previously been exported;“temporary admission procedure” has the meaning given by paragraph 15 of Schedule 2 to TCTA 2018;“UK Reliefs document” has the meaning given by regulations under section 19 of TCTA 2018.
In this Part, “emissions embodied in a CBAM good” means emissions that are attributable to the production of a CBAM good.
The Treasury may by regulations make provision about what it means for emissions to be attributable to the production of a CBAM good.
Regulations under subsection (2) may (among other things) make provision about emissions that are emitted in the course of an activity carried out in connection with the production of—
a CBAM good, or
materials used (including goods processed) to produce a CBAM good.
See paragraphs 10 and 11 of Schedule 17 for provision about how to determine and evidence emissions embodied in a CBAM good.
CBAM is charged at an amount equal to the sectoral domestic price applicable in respect of the CBAM good multiplied by the number of tonnes of carbon dioxide equivalent emissions embodied in the CBAM good.
The “sectoral domestic price” applicable in respect of a CBAM good is the price calculated and published by the Treasury for—
the CBAM sector in which the good falls, and
the quarter in which the liability to CBAM is incurred in respect of the good.
The Treasury must calculate and publish the sectoral domestic price for each CBAM sector for each quarter (“quarter Q”) as follows—Step 1 Calculate the average price per tonne of specified emissions under the UK Emissions Trading Scheme in the quarter preceding quarter Q—by reference to auction clearing prices for UK ETS allowances at auctions during the quarter preceding quarter Q, or if no allowances were sold at auction during that quarter, as provided in regulations under subsection (6). Step 2 Reduce that price by a percentage equal to the baseline free allocation percentage for the CBAM sector, as adjusted by a factor specified by regulations under subsection (6)—for the CBAM sector for the year in which quarter Q falls, and in light of reduction factors applicable in determining, under the UK Emissions Trading Scheme, the allocation in that year of free UK ETS allowances in respect of sub-installations that have a process that serves production of goods falling within the CBAM sector.
In this section—“auction” means an auction under the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 (S.I. 2021/484);“auction clearing price”, in relation to a UK ETS allowance, has the same meaning as in those Regulations (see regulation 7);“baseline free allocation percentage” means, in relation to a CBAM sector, the average percentage of sectoral emissions that were covered—in the 2019 scheme year, by free EU ETS allowances, and in the 2022 and 2023 scheme years, by free UK ETS allowances, allocated in the scheme years mentioned here in respect of sub-installations that have a process that serves the production of goods falling within the CBAM sector;“CBAM sector” means the commodity codes set out under a single heading in the Table in Schedule 16 other than the commodity codes that the Table indicates are excepted;“the ETS Regulations” means the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038);“free EU ETS allowance” means an allowance allocated free of charge in accordance with Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC;“free UK ETS allowance” means an allowance allocated free of charge under Part 4A of the UK ETS Order;“quarter” means a period of 3 months ending at the end of March, June, September or December;“regulated activity” and “specified emissions” have the meaning given by paragraph 3 of Schedule 2 to the UK ETS Order (or, in relation the 2019 scheme year, given by regulation 3 of the ETS Regulations as it had effect during that year);“scheme year” has the meaning—in relation to the 2019 scheme year, given by regulation 3 of the ETS Regulations; in relation to the 2022 and 2023 scheme years, given by article 4 of the UK ETS order;“sectoral emissions” means, in relation to a CBAM sector, the specified emissions that were emitted in the course of regulated activities carried out at sub-installations in the United Kingdom that have a process that serves the production of goods falling within the CBAM sector;“sub-installation” means each kind of sub-installation defined by Article 2 of Commission Delegated Regulation (EU) 2019/331 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (or, in relation to the 2019 scheme year, has the meaning given by regulation 3 of the ETS Regulations as it had effect during that year);“UK ETS allowance” means an allowance created under the UK ETS Order (see article 18);“UK ETS Order” means the Greenhouse Gas Emissions Trading Scheme Order 2020 (S.I. 2020/1265).
In determining the “baseline free allocation percentage” in relation to a CBAM sector, ignore any scheme year in which there were no sectoral emissions.
The Treasury may by regulations make further provision about the calculation of the sectoral domestic price.
In this section—
references to a good falling within a CBAM sector are references to the good falling within one of the commodity codes comprising the sector;
references to emissions are references to tonnes of carbon dioxide equivalent emissions;
references to regulated activities carried out to produce goods include regulated activities consisting in the production of heating and cooling consumed during the regulated activities.
The amount of CBAM charged on emissions may be reduced under this section if another monetary amount is payable in relation to the emissions, whether the amount is—
in the form of taxation,
in exchange for allowances (however expressed) under an emissions trading scheme, or
required to be paid under the law of a country or territory in connection with the importation of goods into the country or territory.
The Treasury may by regulations make provision about relief under this section, including provision—
describing which monetary amounts may generate relief,
about when a monetary amount is to be treated as being payable in relation to emissions, and how the emissions are to be identified, and
about determining the amount of relief.
In this Part, “carbon price” means a monetary amount of a kind described in regulations under subsection (2)(a).
Regulations under subsection (2) may (among other things) make provision—
for the amount of relief to be determined by reference to averages, estimates, assumptions or by reference to information provided by a third party;
to take account of other reliefs, allowances, offsets or similar relating to a carbon price;
about cases where two or more carbon prices are payable in relation to the same emissions;
for the amount of relief to differ depending on where the carbon price is payable;
specifying periods by reference to which calculations or measurements are to be made.
In this section, references to an amount being payable in relation to emissions includes a reference to—
an amount that indirectly relates to emissions, and
an amount having been payable, or that is going to become payable, in relation to emissions.
Administration and enforcement
Schedule 17 makes provision for the administration and enforcement of CBAM.
Schedule 18 makes provision for criminal offences relating to CBAM and about proceedings for those offences.
General
Schedule 19 contains supplementary amendments of other legislation.
In this Part, “emissions” means emissions of greenhouse gases (within the meaning of section 92 of the Climate Change Act 2008) into the atmosphere that are attributable to human activity.
For the purposes of this Part, “emissions” are determined or expressed in tonnes of carbon dioxide equivalent.
In this Part, a “tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential.
The Commissioners may by regulations make provision setting, or about the determination of, such amounts.
In this Part—“business” includes any activity of a government department or other public authority, or of a charity, that is carried out for commercial purposes;“CBAM good”: see section 143;“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“the customs and excise Acts” has the meaning given by section 1 of CEMA 1979;“emissions”: see section 154;“HMRC” means His Majesty’s Revenue and Customs;“import”: see section 144;“import duty” has the meaning given by section 1 of TCTA 2018;“importer”: see section 146;“registered person” and “registrable person”: see paragraph 2(10) of Schedule 17;“tonne of carbon dioxide equivalent” see section 154;“UCC 2013” means Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, as it has effect by virtue of section 7A of the European Union (Withdrawal) Act 2018;“UK Emissions Trading Scheme” has the meaning given in Article 16 of the Greenhouse Gas Emissions Trading Order 2020 (S.I. 2020/1265);“Union good” has the meaning given by Article 5(23) of UCC 2013;“working day” means any day other than—a Saturday or Sunday, or a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.
In this Part—
a person imports a CBAM good only if the person is “the importer” of the good (within the meaning of section 146);
references to the production of goods include the manufacture of goods;
references to the processing of goods have the same meaning as in TCTA 2018 (see section 37(4) of that Act).
The Treasury may by regulations make such amendments to this Part as they consider appropriate in consequence of UCC 2013, or any legislation replacing it, being amended or replaced.
The Treasury may by regulations amend this Part for the purpose of—
excluding emissions embodied in goods that originate from a country or territory with a linked emissions trading scheme from the charge to CBAM;
providing that such goods are to be disregarded when calculating the aggregate value of imports for the purposes of Part 2 of Schedule 2 (registration).
In this section, “a country or territory with a linked emissions trading scheme” means—
a country or territory that has entered into arrangements with the United Kingdom for the purpose of linking its emissions trading scheme with the UK Emissions Trading Scheme, or
a country or territory that has entered into arrangements with a country or territory of a kind referred to in paragraph (a) for the purpose of linking its emissions trading scheme with that country or territory’s emissions trading scheme.
Regulations under this Part—
may make different provision for different purposes;
may include incidental, consequential, supplementary or transitional provision.
Regulations under this Part may make provision by reference to things specified in a notice that is—
published by the Treasury or the Commissioners in accordance with the regulations, and
not withdrawn by a further notice.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing regulations under section 156(1) (linked emission trading schemes) is subject to the affirmative procedure.
A statutory instrument containing regulations under any of the following provisions is subject to the made affirmative procedure—
section 149(6) (rate of CBAM);
section 150(2) (carbon price relief);
paragraph 47 of Schedule 17 (amount of penalties).
A statutory instrument containing regulations under this Part, other than regulations in respect of which subsection (4), (5) or (6) applies, is subject to the negative procedure.
Subsection (7) does not apply to a statutory instrument containing only regulations under section 158 (transitory provision).
Where a statutory instrument is subject to the affirmative procedure, it may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
Where a statutory instrument is subject to the made affirmative procedure—
it must be laid before the House of Commons after being made, and
it ceases to have effect at the end of the period of 28 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the House of Commons.
Where a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the House of Commons.
Where a statutory instrument ceases to have effect as a result of subsection (10), that does not—
affect the validity of anything previously done under the instrument, or
prevent the making of a new statutory instrument.
In calculating the period of 28 days for the purposes of subsection (10), no account is to be taken of any whole days that fall within a period during which—
Parliament is dissolved or prorogued, or
the House of Commons is adjourned for more than 4 days.
Any provision that may be included in regulations in a statutory instrument under this Part subject to the negative procedure may be included in regulations in a statutory instrument subject to the affirmative procedure or the made affirmative procedure.
Any provision that may be included in regulations in a statutory instrument under this Part subject to the made affirmative procedure may be included in regulations in a statutory instrument subject to the affirmative procedure.
A notice published by the Treasury or the Commissioners under this Part—
may be amended or withdrawn by a further notice;
may include provision mentioned in subsection (1)(a) and (b).
This Part has effect in relation to goods imported into the United Kingdom on or after 1 January 2027.
The Treasury may by regulations modify the effect of—
paragraph 2(4) of Schedule 17 as regards any person who triggers registration in 2027 or 2028;
paragraph 6(2) or (3) or 7(2) for the purposes of any accounting period in respect of CBAM falling in 2027 or 2028.
Provision included in regulations under this section by virtue of section 157(1)(b) may modify the effect of any enactment.
Avoidance
Prohibition
A person must not promote arrangements that—
have been, or are likely to be, marketed as a means by which a person may seek a particular tax advantage if there is no realistic prospect that the arrangements will result in the tax advantage, or
are of a kind specified in regulations under subsection (2).
The Commissioners may by regulations specify arrangements that in the reasonable opinion of the Commissioners—
have been, or are likely to be, marketed as a means by which a person may seek a particular tax advantage,
are unlikely to result in the tax advantage, and
are likely to cause harm to participants.
The following factors would, for example, indicate that arrangements are likely to cause harm to participants—
a large number of participants;
participants that are not independently advised;
participants with otherwise straightforward tax affairs;
mass-marketing;
standardised implementation documents;
promoters that are unknown to, or not able to be contacted by, participants.
Regulations under subsection (2) may specify arrangements by—
describing—
some or all of the steps to be taken by participants or other persons;
the tax advantage sought;
the marketing;
characteristics of participants;
providing examples or illustrations;
such other means as the Commissioners consider appropriate.
It does not matter for the purposes of this section whether a person knows, or has reason to believe, that the arrangements fall within subsection (1).
For the purposes of section 159, a person promotes arrangements if, in the course of a business or with a view to monetary gain, the person—
communicates information with a view to encouraging another person to implement the arrangements or part of the arrangements,
makes the arrangements available for implementation by another person,
in circumstances where the arrangements have been implemented by another person, organises or manages any aspect of the arrangements, or
arranges (whether directly or indirectly) for another person or persons to take the steps above.
A person does not promote arrangements merely by—
providing goods or services on commercial terms in circumstances where the person does not know, and could not reasonably be expected to know, that the goods or services are being procured or used for the purposes of arrangements falling within section 159(1) (prohibition of promotion), or
providing legally privileged advice or legally privileged information.
For the purposes of subsection (2)(b), advice or information is legally privileged if a claim to legal professional privilege, or (in Scotland) to confidentiality of communications as between client and professional legal adviser, could be maintained in respect of it in legal proceedings.
Regulations under section 159(2) are to be made by statutory instrument.
A statutory instrument containing regulations under section 159(2) must be laid before the House of Commons after being made.
Regulations contained in a statutory instrument laid before the House of Commons under subsection (2) cease to have effect at the end of the period of 28 days beginning on the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the House of Commons.
In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—
Parliament is dissolved or prorogued, or
the House of Commons is adjourned for more than four days.
If the regulations cease to have effect as a result of subsection (3), that does not—
affect the validity of anything previously done under the regulations, or
prevent the making of new regulations.
Sanctions
A person who promotes arrangements in breach of section 159(1) is liable to a penalty.
The maximum penalty under this section is the sum of—
£1,000,000, and
£5,000 for each person who participated in the arrangements.
Before imposing a penalty under this section, an authorised officer of Revenue and Customs must—
notify the person of the fact that the authorised officer considers subsection (1) to apply, and
allow the person 30 days from the date of notification to make representations to HMRC.
In imposing a penalty under this section, an authorised officer of Revenue and Customs must have regard to—
the number of persons participating, or targeted to participate, in the arrangements,
the amount of tax that was likely at risk in connection with the arrangements,
whether and to what extent the person cooperated with HMRC, and
whether the wrongdoing was repeated, or continued over an extended period.
A penalty imposed under this section is to be treated as a penalty determined under section 100(1) of TMA 1970.
A penalty imposed under this section is to carry interest in accordance with section 101 of FA 2009.
A person is not liable to a penalty under this section in respect of anything for which the person has been convicted of an offence.
In paragraph 5(6) of Schedule 13 to FA 2020 (joint and several liability of company directors etc) after paragraph (f) insert—
A person who promotes arrangements in breach of section 159(1) commits an offence.
A person who commits an offence under this section is liable—
on summary conviction, to—
in England and Wales, a fine, or
in Scotland or Northern Ireland, a fine not exceeding the statutory maximum, or
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.
If an offence under section 163 is committed by a body corporate or a partnership and—the responsible person commits the offence (as well as the body or partnership).
is committed with the consent or connivance of a responsible person, or
is attributable to the neglect of a responsible person,
A “responsible person” means—
in relation to a body corporate other than one whose affairs are managed by its members—
a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, or
a shadow director within the meaning given in section 251 of the Companies Act 2006;
in relation to a limited liability partnership or other body corporate whose affairs are managed by its members—
a member exercising management functions, or purporting to do so, or
in the case of a limited liability partnership, a shadow member;
in relation to a partnership, a partner or a person purporting to act in that capacity.
In this section, a “shadow member” means a person in accordance with whose directions or instructions the members of the limited liability partnership are accustomed to act, save that a person is not a shadow member by reason only of the fact that the members act on advice given by that person in a professional capacity.
General
In this Chapter—“arrangements” includes any agreement, scheme, arrangement or understanding of any kind whether or not legally enforceable involving one or more transactions, and includes a proposal for arrangements;“authorised officer of Revenue and Customs” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purpose of this Chapter;“Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“HMRC” means His Majesty’s Revenue and Customs;“promotion” has the meaning given in section 160;“tax advantage” includes—relief or increased relief from tax, repayment or increased repayment from tax, avoidance or reduction of a charge to tax or an assessment to tax, avoidance of a possible assessment to tax, deferral of a payment of tax or advancement of a repayment of tax, and avoidance of an obligation to deduct or account for tax.
Section 159(1) comes into force two months after the day on which this Act is passed.
Promoter action notices
An authorised officer of Revenue and Customs may, for the purposes of this Chapter, certify that a person is promoting arrangements—
in breach of section 236B of FA 2014 (effect of stop notices), or
in breach of section 159(1) (prohibition of promotion of certain tax avoidance arrangements).
A certification under subsection (1) must be in writing and include the following—
the name of the person,
a statement to the effect that—
an authorised officer of Revenue and Customs has certified that the person is promoting arrangements as described in subsection (1)(a) or (b), and
accordingly, the person is a certified promoter for the purposes of this Chapter,
a summary of the officer’s reasons for coming to the conclusion certified, including a description of the arrangements and promotion, and
information about how the person may make representations to HMRC (see subsection (4)(b)).
For the purposes of this Chapter, a “certified promoter” means a person certified under this section.
Before issuing a notice under section 167 (promoter action notice) in respect of a certified promoter, an authorised officer of Revenue and Customs must—
provide the certified promoter with a copy of the certification, and
allow the certified promoter 30 days from the date of provision to make representations to HMRC.
An authorised officer of Revenue and Customs may issue a notice to a person if the officer reasonably suspects that—
the person (the “recipient”) is providing goods or services to a certified promoter (the “target”), and
the goods or services are being procured or used wholly or partly in connection with the promotion of arrangements in respect of which the target is certified.
For the purposes of this Chapter, a “promoter action notice” means a notice issued under subsection (1).
A promoter action notice may, for the purpose of impeding the target’s promotion of the arrangements, require the recipient of the notice to—
stop providing some or all of the goods or services,
provide the goods or services subject to specified conditions, or
take specified steps in relation to the provision of the goods or services.
A promoter action notice must identify the target and specify—
the goods or services in respect of which it is issued,
the requirements applicable under subsection (3), and
the time by which the recipient must comply with the requirements under subsection (3).
A time specified under subsection (4)(c)—
must be the end of—
the period of 30 days beginning with the day on which the notice is issued, or
such longer period as an authorised officer of Revenue and Customs considers appropriate, and
takes precedence over any statutory or regulatory requirement to provide a period of notice before terminating or modifying a contract.
A promoter action notice may not—
require the recipient to monitor or assess whether or how particular goods or services are being procured or used in connection with the promotion or arrangements,
restrict the provision of services that provide access to the internet, or
restrict the provision of legal or auditing services.
An authorised officer of Revenue and Customs may withdraw a promoter action notice.
The recipient is not liable in damages in respect of anything done, or omitted to be done, in good faith for the purposes of complying with a promoter action notice.
An authorised officer of Revenue and Customs may issue a notice to a person who the officer reasonably suspects is providing goods or services as described in section 167(1).
A notice under this section must—
identify the target referred to in section 167(1);
give reasons for the suspicion referred to in subsection (1);
allow the recipient of the notice a period of 30 days from the date of the notice to make representations to HMRC.
A notice under this section may request information from the recipient.
A disclosure of information by the recipient in response to a request under subsection (3) does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
A person who receives a notice under this section may not disclose the existence or contents of the notice to—
the target identified in the notice, or
any person who might reasonably be expected to disclose the existence or contents of the notice to the target.
An authorised officer of Revenue and Customs may withdraw a notice under this section.
An authorised officer of Revenue and Customs may for the purposes of this Chapter disclose—
information relating to the target identified in a promoter action notice to the recipient of the notice, or
information relating to the target identified in a notice issued under section 168 (preliminary notices) to the recipient of the notice.
A person to whom an authorised officer of Revenue and Customs discloses information under this section—
may use it only for the purpose for which it was disclosed, and
may not further disclose it without the consent of HMRC (which may be general or specific).
Where a person contravenes subsection (2)(b) by disclosing information relating to a person whose identity—section 19 of CRCA 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of CRCA 2005 or under any other enactment or rule of law.
A recipient of a promoter action notice may appeal to the tribunal against a decision to issue the notice on the grounds that—
the recipient is not providing the goods or services specified in the notice to the target identified in the notice;
the goods or services are not being used wholly or partly in connection with the arrangements referred to in section 167(1).
Notice of an appeal must—
state the ground of appeal, and
be given in writing to HMRC before the end of the period of 30 days beginning with the day on which the promoter action notice was issued.
The provisions of Part 5 of TMA 1970 relating to appeals have effect in relation to appeals under this section as they have effect in relation to an appeal against an assessment to income tax.
In this section, the “tribunal” means the First-tier Tribunal or, where determined by or under the Tribunal Procedure Rules, the Upper Tribunal.
Sanctions
A recipient of a promoter action notice is liable to a penalty if the recipient—
fails to comply with the notice, and
does so without reasonable excuse.
The maximum penalty under this section is £1,000 for each day on which the recipient failed, without reasonable excuse, to comply with the notice.
Before imposing a penalty under this section, an authorised officer of Revenue and Customs must—
notify the recipient of the fact that the authorised officer considers subsection (1) to apply, and
allow the recipient 30 days from the date of notification to make representations to HMRC.
In imposing a penalty under this section, an authorised officer of Revenue and Customs must have regard to—
the likely cost to the recipient of complying with the notice;
any benefit for the recipient of not complying with the notice;
whether and to what extent the recipient cooperated with HMRC or made efforts to comply with the notice.
A penalty imposed under this section is to be treated as a penalty determined under section 100(1) of TMA 1970.
A penalty imposed under this section is to carry interest in accordance with section 101 of FA 2009.
Subsection (2) applies if—
a penalty under section 171 has been imposed on a recipient of a promoter action notice, and
notice of appeal against the penalty can no longer be given or, if notice has been given, the appeal has been determined or withdrawn.
An authorised officer of Revenue and Customs may publish—
the recipient’s name (including any trading name, previous name or pseudonym);
any address used by the recipient;
any other information that the authorised officer considers appropriate for the purposes of identifying the recipient or their business;
details of the recipient’s failure to comply;
details of the penalty imposed on the recipient under section 171.
Before publishing information under this section, an authorised officer of Revenue and Customs must—
notify the recipient of their intention to publish, including the information that they intend to publish, and—
allow the recipient 30 days from the date of notification to make representations to HMRC.
Information published under this section must be withdrawn no later than 12 months after its publication.
Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of CRCA 2005 or under any other enactment or rule of law.
This section applies if an authorised officer of Revenue and Customs considers that a recipient of a promoter action notice—
failed to comply with the notice, and
did so without reasonable excuse.
An authorised officer of Revenue and Customs may, for the permitted purpose, disclose the following information to a regulator, representative body or trade body of the recipient—
the recipient’s name (including any trading name, previous name or pseudonym);
any address used by the recipient;
any other information that the authorised officer considers appropriate for the purposes of identifying the recipient or their business;
details of the recipient’s failure to comply;
details of any penalty imposed on the recipient under section 171;
any other information that the authorised officer considers appropriate for the permitted purpose.
In this section, the “permitted purpose” means assisting the person to whom the information is disclosed in relation to—
a current or future investigation into the failure referred to in subsection (1), or
any other action taken, or to be taken, by the person in relation to that failure.
Before disclosing information under this section, an authorised officer of Revenue and Customs must—
notify the recipient of their intention to disclose it, including—
their reasons for considering that subsection (1) applies, and
the information that they intend to disclose, and
allow the recipient 30 days from the date of notification to—
comply with any requirements specified in the promoter action notice, or
make representations to HMRC.
A person to whom an authorised officer of Revenue and Customs discloses information under this section—
may use it only for the purpose for which it was disclosed, and
may not further disclose it without the consent of HMRC (which may be general or specific).
Where a person contravenes subsection (5)(b) by disclosing information relating to a person whose identity—section 19 of CRCA 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of CRCA 2005 or under any other enactment or rule of law.
an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person’s control,
if the person relies on any other person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure,
if the person had a reasonable excuse for the failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased, and
reliance on legal advice is to be taken automatically not to constitute a reasonable excuse if either—
the advice was not based on a full and accurate description of the facts, or
the conclusions in the advice that the person relied upon were unreasonable.
General
In this Chapter—“arrangements” includes any agreement, scheme, arrangement or understanding of any kind whether or not legally enforceable involving one or more transactions, and includes a proposal for arrangements;“authorised officer of Revenue and Customs” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purpose of this Chapter;“certified promoter” has the meaning given in section 166(3);“Commissioners” means the Commissioners of His Majesty’s Revenue;“HMRC” means His Majesty’s Revenue and Customs;“promoter action notice” has the meaning given in section 167(2);“promotion” has the meaning it has in section 236B(1) of FA 2014 (effect of stop notices) or section 159 (prohibition of promotion of certain tax avoidance arrangements) (as the context requires).
Key definitions
In this Chapter, a “connected person” means a person who an officer of Revenue and Customs reasonably suspects is or has been—
contravening an anti-avoidance enactment,
connected to a person who is or has been contravening an anti-avoidance enactment, or
connected to arrangements by reference to which a person is or has been contravening an anti-avoidance enactment.
For the purposes of subsection (1)(b), two persons (“A” and “B”) are connected if—
A is a director, manager, secretary or other officer or employee of B,
A is a member of, or partner in, B,
A is a trustee, settlor, beneficiary or administrator of a trust in respect of which B is a trustee, settlor, beneficiary or administrator, or
A is accustomed to acting in accordance with B’s directions or instructions.
For the purposes of subsection (1)(c), a person is connected to arrangements if the person is—
to any extent involved in making the arrangements available for implementation by another person,
to any extent involved in the organisation or management of the arrangements, or
directly or indirectly benefiting from the arrangements.
In this Chapter, an “anti-avoidance enactment” means—
Part 7 of FA 2004 (disclosure of tax avoidance schemes);
Part 5 of FA 2014 (promoters of tax avoidance schemes);
Schedule 16 to F(No.2)A 2017 (penalties for enablers of defeated tax avoidance);
Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes);
Chapter 1 of this Part (prohibition on promotion of certain tax avoidance arrangements).
And a reference to taking action under an anti-avoidance enactment includes a reference to taking action under—
sections 8ZF and 8ZG of the Company Directors Disqualification Act 1986 (disqualification for promoting tax avoidance);
Schedule 13 to FA 2020 (joint and several liability);
section 85 of FA 2022 (winding up petitions by an officer of HMRC);
section 86 of FA 2022 (publication by HMRC of information about tax avoidance schemes);
Schedule 13 to FA 2022 (penalties for facilitating avoidance schemes involving non-resident promoters);
Chapter 2 of this Part (promoter action notices).
Notices by type
An officer of Revenue and Customs may by notice require a connected person to provide information that is, in the opinion of the officer, reasonably required for the purposes of—
monitoring the compliance of the connected person with an anti-avoidance enactment, or
HMRC taking, or considering whether HMRC could take, action against the connected person under an anti-avoidance enactment.
An officer of Revenue and Customs may seek the approval of the tribunal before issuing a notice under this section.
An officer of Revenue and Customs may by notice require a person to provide information that is, in the opinion of the officer, reasonably required for the purposes of—
monitoring the compliance of a connected person with an anti-avoidance enactment, or
HMRC taking, or considering whether HMRC could take, action against a connected person under an anti-avoidance enactment.
A notice under this section must identify the connected person to whom it relates.
Before issuing a notice under this section, an officer of Revenue and Customs must—
notify the intended recipient of—
the officer’s intention to issue the notice, and
the information that would be required under the notice, and
allow the intended recipient reasonable opportunity to make representations to HMRC.
An officer of Revenue and Customs may not issue a notice under this section without either—
the agreement of the connected person identified in the notice, or
the approval of the tribunal.
The tribunal may not approve a notice unless it has been given a summary of any representations made under subsection (3)(b).
After issuing a notice under this section, an officer of Revenue and Customs must provide to the connected person identified in the notice—
a copy of the notice, and
a summary of the officer’s reasons for requiring the information.
Subsections (2), (3) and (6) do not apply to the extent the tribunal is satisfied that taking the steps in those subsections might prejudice the investigation of tax avoidance.
An officer of Revenue and Customs may by notice require a person to provide information that is, in the opinion of the officer, reasonably required for the purposes of—
monitoring the compliance of an unidentified connected person with an anti-avoidance enactment, or
HMRC taking, or considering whether HMRC could take, action against an unidentified connected person under an anti-avoidance enactment.
In this section, “unidentified connected person” means—
a connected person whose identity is not known to the officer, or
a class of persons whose individual identities are not known to the officer but, of which, one or more members is a connected person.
A notice under this section may only require information that is not readily available from another source.
An officer of Revenue and Customs may not issue a notice under this section without the approval of the tribunal.
In subsection (1)(b), the reference to taking action against an unidentified connected person includes a reference to taking action against one or more members of a class referred to in subsection (2)(b).
An officer of Revenue and Customs may by notice require a person to provide identifying information that is, in the opinion of the officer, reasonably required for the purpose of identifying an unidentified connected person.
An officer of Revenue and Customs may not issue a notice under subsection (1) unless the officer has reason to believe that—
the intended recipient of the notice could identify the unidentified connected person by reference to information provided by the officer, and
the recipient obtained the identifying information in the course of a business.
A notice under this section may only require information that is not readily available from another source.
In this section—“identifying information” means one or more of an unidentified connected person’s—name; last known address; in the case of an individual, date of birth;“unidentified connected person” has the meaning given in section 181.
An officer of Revenue and Customs who is not an authorised officer may not issue a notice under this section without the approval of either—
the tribunal, or
an authorised officer of Revenue and Customs.
An authorised officer of Revenue and Customs may seek the approval of the tribunal before issuing a notice under this section.
An officer of Revenue and Customs may by notice require a financial institution to provide information that is, in the opinion of the officer, reasonably required for the purposes of—
monitoring the compliance of a connected person with an anti-avoidance enactment, or
HMRC taking, or considering whether HMRC could take, action against a connected person under an anti-avoidance enactment.
A notice under this section must identify the connected person to whom it relates.
An officer of Revenue and Customs may not issue a notice under this section without the approval of the tribunal.
After issuing a notice under this section, an officer of Revenue and Customs must provide to the connected person identified in the notice—
a copy of the notice, and
a summary of the officer’s reasons for requiring the information.
Subsection (4) does not apply to the extent the tribunal is satisfied that taking the steps in that subsection might prejudice the investigation of tax avoidance.
In this section—“financial institution” means—a financial institution under the CRS other than one which is such an institution only because it is an investment entity within section 8(A)(6)(b) of the CRS; a person who issues credit cards;“CRS” means the common reporting standard for automatic exchange of financial account information developed by the Organisation for Economic Co-operation and Development, as that standard has effect from time to time.
Content, requirements and withdrawal of notices
An information notice must specify (or, in the case of paragraphs (a) and (b), describe)—
the information that the recipient is required to provide;
the form in which, and the means by which, the information is to be provided;
a reasonable period within which the information is to be provided;
the provision under which the notice is issued;
whether the notice is issued with the approval of the tribunal.
An information notice may not require a person to produce a document if the whole of the document originates more than 6 years before the date of the notice without the agreement of an authorised officer of Revenue and Customs.
An information notice may be issued to a person outside the United Kingdom.
An information notice may require the recipient not to disclose the existence or contents of the notice to—
the connected person to whom the notice relates,
in the case of a notice under section 181, members of the class of persons to which the notice relates,
any person who might reasonably be expected to disclose the existence or contents of the notice to the connected person or members of the class, or
any other person.
A requirement under subsection (1)(d) may not prohibit disclosure for, or in connection with, the purpose of—
complying with the notice, or
seeking legal advice.
A requirement imposed under subsection (1) has effect until the end of the period of 12 months beginning with the day on which the notice is issued, unless before the end of that period—
the requirement is withdrawn in accordance with subsection (4), or
the period is extended in accordance with subsection (5).
An officer of Revenue and Customs may withdraw the requirement by notifying the recipient in writing.
An officer of Revenue and Customs may by notice to the recipient—
extend the period during which a requirement imposed under subsection (1) has effect by a period of 12 months beginning with the day after the last day of the previous period of 12 months, and
do so on one or more occasions.
An officer of Revenue and Customs may not issue a notice under subsection (5) unless—
the officer considers that there are reasonable grounds for believing that failure to extend the period might prejudice the investigation of tax avoidance, and
where the officer is not an authorised officer of Revenue and Customs, an authorised officer agrees with the officer’s—
decision to extend the period, and
assessment under paragraph (a).
An information notice does not require a person to provide information that is not in the possession or power of that person.
An information notice does not require a person to provide—
information that relates to the conduct of a pending tax appeal or appeal against a decision under an anti-avoidance enactment;
personal records (as defined in section 12 of the Police and Criminal Evidence Act 1984) or information contained in such records, except that a notice may require a person to produce a redacted version of a document omitting any information that would otherwise make it personal records;
journalistic material (as defined in section 13 of that Act) or information contained in such material;
information in respect of a which a claim to legal professional privilege or, (in Scotland) to confidentiality of communications as between a client and professional legal advisor, could be maintained by the person in legal proceedings.
An information notice does not require a person who has been appointed auditor for the purposes of an enactment to provide information held or created in connection with the performance of the person’s functions under the enactment, other than information that the recipient of the notice has assisted any client in preparing for, or delivering to, HMRC.
Subsection (3) does not apply in relation to—
a notice under section 182 (identification), or
the connected person to whom the notice relates, or
a person who has acted on behalf of the connected person.
The Commissioners may by regulations make provision for the resolution by the tribunal of disputes as to whether any information falls within subsection (2)(d) (privilege).
Regulations under subsection (5) are to be made by statutory instrument and a statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of the House of Commons.
An application to the tribunal for approval of a notice, or disapplication of requirements, under this Chapter may be made without notice.
An officer of Revenue and Customs (other than an authorised officer) may not seek the approval of, or disapplication of requirements by, the tribunal without the agreement of an authorised officer of Revenue and Customs.
An officer of Revenue and Customs may withdraw an information notice by notifying the recipient in writing.
Criminal sanctions
A recipient of an information notice commits an offence if the recipient—
fails to comply with the notice, or
in purporting to comply with the notice, carelessly or deliberately provides inaccurate information.
It is a defence for a person charged with an offence under subsection (1)(a) to show that they had a reasonable excuse.
In this section, a reference to carelessness is a reference to a failure to take reasonable care.
This section does not apply in respect of a notice under section 183 (financial institutions).
A recipient of an information notice commits an offence if the recipient conceals, destroys or otherwise disposes of information that is required to be provided under the notice.
It is a defence for a person charged with an offence under subsection (1) to show that they concealed, destroyed or otherwise disposed of the information only after the information had been provided in accordance with the notice.
Subsection (2) does not apply where an officer of Revenue and Customs had notified the person in writing that the information must continue to be available (and had not withdrawn that notification).
A person commits an offence if—
an officer of Revenue and Customs has notified the person under section 180(3) that—
the officer intends to issue an information notice to the person, and
certain information would be required under the notice, and
the person conceals, destroys or otherwise disposes of the information.
It is a defence for a person charged with an offence under subsection (4) to show that they concealed, destroyed or otherwise disposed of the information only—
after the end of the period of six months beginning with the day on which they were last notified under section 180(3) in respect of the information, or
after an information notice has been issued to the person in respect of the information.
In this section, a reference to concealing, destroying or otherwise disposing of information includes a reference to arranging for the concealment, destruction or disposal of information.
This section does not apply in respect of a notice under section 183 (financial institutions).
is committed with the consent or connivance of a responsible person, or
is attributable to the neglect of a responsible person,
A “responsible person” means—
in relation to a body corporate other than one whose affairs are managed by its members—
a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, or
a shadow director within the meaning given in section 251 of the Companies Act 2006;
in relation to a limited liability partnership or other body corporate whose affairs are managed by its members—
a member exercising management functions, or purporting to do so, or
in the case of a limited liability partnership, a shadow member;
in relation to a partnership, a partner or a person purporting to act in that capacity.
In this section, a “shadow member” means a person in accordance with whose directions or instructions the members of the limited liability partnership are accustomed to act, save that a person is not a shadow member by reason only of the fact that the members act on advice given by that person in a professional capacity.
Subsection (2) applies where a body corporate or partnership that is the recipient of an information notice—
fails to comply with the notice, or
in purporting to comply with the notice, carelessly or deliberately provides inaccurate information.
If the recipient’s failure or careless or deliberate provision of inaccurate information—the responsible person commits an offence.
occurred with the consent or connivance of a responsible person, or
is attributable to the neglect of a responsible person,
It is a defence for a person charged with an offence under subsection (2) to show that they or the recipient had a reasonable excuse.
In this section—
a reference to carelessness is a reference to a failure to take reasonable care, and
“responsible person” has the same meaning as in section 191.
This section does not apply in respect of a notice under section 183 (financial institutions).
on summary conviction, to—
in England and Wales, a fine, or
in Scotland or Northern Ireland, a fine not exceeding the statutory maximum, or
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.
Civil sanctions
A recipient of an information notice is liable to a penalty if the recipient—
fails to comply with the notice, and
does so without reasonable excuse.
The penalty under subsection (1) is—
in relation to a notice under section 183 (financial institutions), £300;
otherwise, £5,000.
If a failure referred to in subsection (1) continues after the day on which a penalty is imposed in respect of it, the recipient is liable to a further penalty for each day on which the failure continues.
The penalty under subsection (3) is—
in relation to a notice under section 183 (financial institutions), an amount not exceeding £60;
otherwise, an amount not exceeding £1,000.
Before imposing a penalty under this section, an officer of Revenue and Customs must—
notify the recipient of the fact that the officer considers subsection (1) or (3) to apply, and
allow the recipient a period of 30 days beginning with the date of notification to make representations to HMRC.
This section does not apply in relation to a failure to comply with a requirement imposed under section 185 (restriction on disclosure of notices).
A recipient of an information notice is liable to a penalty if the recipient—
is required to provide information under the notice issued, and
conceals, destroys or otherwise disposes of the information—
before the information has been provided in accordance with the notice, or
in circumstances where an officer of Revenue and Customs has notified the person in writing that the information must continue to be available (and has not withdrawn that notification).
A person is liable to a penalty if—
an officer of Revenue and Customs has notified the person under section 180(3) that—
the officer intends to issue an information notice to the person, and
certain information would be required under the notice, and
the person conceals, destroys or otherwise disposes of the information.
Subsection (2) does not apply if the person concealed, destroyed or otherwise disposed of the information only—
after the end of the period of 6 months beginning with the day on which they were last notified under section 180(3) in respect of the information, or
after an information notice has been issued to the person in respect of the information.
The penalty under subsection (1) or (2) is—
in relation to a notice under section 183 (financial institutions), £300, or
otherwise, £20,000.
In this section, a reference to concealing, destroying or otherwise disposing of information includes a reference to arranging for the concealment, destruction or disposal of information.
A recipient of an information notice is liable to a penalty if the recipient—
in purporting to comply with the notice, carelessly or deliberately provides inaccurate information, or
after purporting to comply with the notice—
discovers that, in doing so, they provided inaccurate information, and
does not take reasonable steps to notify HMRC of that fact.
The maximum penalty under subsection (1) is—
in relation to a notice under section 183 (financial institutions), £3,000 for each inaccuracy, or
otherwise, £20,000 for each inaccuracy.
Before imposing a penalty under this section, an officer of Revenue and Customs must—
notify the recipient of the fact that the officer considers subsection (1) to apply, and
allow the recipient a period of 30 days beginning with the date of notification to make representations to HMRC.
In this section, a reference to carelessness is a reference to a failure to take reasonable care.
A recipient of an information notice is liable to a penalty if the recipient—
fails to comply with a requirement imposed under section 185 (restriction on disclosure of notices), and
does so without reasonable excuse.
The penalty under subsection (1) is—
in relation to a notice under section 183 (financial institutions), £1,000, or
otherwise, £10,000.
Subsection (3) applies if—
a penalty has been imposed on a person under section 194(1) for failure to comply with a notice,
the person, without reasonable excuse, continues to fail to comply with the notice,
an officer of Revenue and Customs has reason to believe that—
the person received money or money’s worth in connection with the contravening arrangements to which the notice relates, and
the continuing failure is significant, and
the Upper Tribunal decides that it is appropriate for a penalty to be imposed under this section.
For the purposes of subsection (1)(c)(ii), a continuing failure is significant if—
it continues beyond the end of the period of six months beginning with the day on which the penalty referred to in subsection (1)(a) was imposed, or
as a result of the continuing failure, it is or is likely to be significantly more difficult for HMRC to—
monitor the compliance of a connected person with an anti-avoidance enactment, or
take, or consider whether HMRC could take, action against a connected person under an anti-avoidance enactment.
The person is liable to a penalty equal to the amount of money or money’s worth received, or likely to have been received, by the person in connection with the contravening arrangements to which the notice relates.
The amount of a penalty to which a person is liable under subsection (3) must be determined by the Upper Tribunal (with such determination being treated as assessment).
An application to the Tribunal for the purposes of subsection (1)(d) or (4) may be made by an officer of Revenue and Customs and must be made before the end of the period of 12 months beginning with—
in the case of a penalty relating to a notice against which the recipient may appeal under section 204, the latest of—
the day on which the person became liable to a penalty under section 194(1),
the last day of the period in which notice of appeal against the notice could have been given, and
if notice of such an appeal has been given, the day on which the appeal is determined or withdrawn, or
in any other case, the day on which the person became liable to a penalty under section 194(1).
An officer of Revenue and Customs who makes an application for the purposes of subsection (1)(d) or (4) must notify the person concerned.
For the purposes of this section, a reference to contravening arrangements to which a notice relates is a reference to arrangements by reference to which the person to whom the notice relates is considered to be a connected person under section 177(1) (including, where the person is a connected person under section 177(1)(b), arrangements by reference to which the other person is considered to be a connected person).
This section does not apply in relation to a notice under section 183 (financial institutions).
An officer of Revenue and Customs may apply to the tribunal for a determination that an increased penalty should be available under section 194(4) in respect of a person’s failure to comply with an information notice if—
a penalty has been imposed under section 194(3) (daily penalties for continuing failure) in respect of the failure,
the failure continues after the end of the period of 30 days beginning with the day on which notification of the penalty under section 194(3) was issued (see paragraph 46 to Schedule 36 to FA 2008), and
the officer has notified the person of their intention to apply to the tribunal under this section.
If the tribunal decides that an increased penalty should be available under section 194(4) in respect of a person’s failure, the tribunal must determine—
the amount of the increased penalty, and
the day from which it is to be applicable.
The increased penalty is available under section 194(4) in respect of the failure—
from the day determined by the tribunal, and
as though the figure in that subsection were replaced with the amount of the increased penalty.
An increased penalty under this section may not exceed—
in relation to a notice under section 183 (financial institutions), £1,000, or
otherwise, £5,000.
In determining the amount of the increased penalty, the tribunal must have regard to—
the likely cost to the person of complying with the notice,
any benefits to the person of not complying with the notice, and
any benefits to anyone else resulting from the person’s non-compliance.
If the tribunal makes a determination under subsection (2), an officer of Revenue and Customs must notify the person to whom it relates of—
the amount of the increased penalty, and
the day from which it is to be applicable.
Sanctions: general
For the purposes of sections 189(1)(a) (offence of failing to comply), 192 (criminal liability of responsible persons: no prosecution of recipient), 194 (penalty for failing to comply), 197 (penalty for disclosing) and 198 (penalty based on monies received)—
an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person’s control,
if the person relies on any other person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure,
if the person had a reasonable excuse for the failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased, and
reliance on legal advice is to be taken automatically not to constitute a reasonable excuse if either—
the advice was not based on a full and accurate description of the facts, or
the conclusions in the advice that the person relied upon were unreasonable.
A person is not liable to a penalty under this Chapter in respect of anything in respect of which the person has been convicted of an offence.
The following paragraphs of Schedule 36 to FA 2008 apply as set out below.
Paragraph 46 (assessment of penalty) applies to—
a penalty under sections 194 (failure to comply) and 195 (concealing information) as it applies to a penalty under paragraphs 39 and 40 of the Schedule;
a penalty under section 196 (inaccurate information) as it applies to a penalty under paragraph 40A of the Schedule.
Paragraph 51B(2) and (3) (assessment of a penalty for disclosure) apply to a penalty under section 197 (disclosure of a notice) as they apply to a penalty under paragraph 51B(1) of the Schedule.
Paragraph 49 (enforcement of penalty) applies to a penalty under sections 194 to 197 as it applies to a penalty under paragraphs 39, 40 and 40A of the Schedule and, in the case of a penalty under section 197 (disclosure of a notice), the reference to notification under paragraph 46 of the Schedule is to be read as a reference to notification under paragraph 51B(2)(b) of the Schedule).
Paragraph 51 (enforcement of a tax-related penalty) applies to a penalty under section 198 (penalties based on monies received) as it applies to a penalty under paragraph 50 of the Schedule.
Appeals
A recipient of a notice under section 179 (connected persons) may appeal against the issue of the notice or any requirement in the notice.
A recipient of a notice under section 180 (third parties) may appeal against the issue of the notice or any requirement in the notice on the grounds that it would be unduly onerous to comply with the notice or requirement.
A recipient of a notice under section 182 (identification) may appeal against the issue of the notice or any requirement in the notice on the grounds that it would be unduly onerous to comply with the notice or requirement.
Subsections (1) to (3) do not apply in relation to a notice that was issued with tribunal approval.
Paragraph 32 of Schedule 36 to FA 2008 applies to appeals under this section as it applies to appeals under Part 5 of that Schedule (and references to information notices are to be read as references to notices under this Chapter).
A person may appeal against any of the following decisions—
Paragraph 48 of Schedule 36 to FA 2008 (procedure on appeal against penalty) applies to appeals under this section as it applies to appeals under paragraph 47 of that Schedule (and references to paragraph 47(1)(a) and (b) in paragraph 48 are to be read as references to subsection (1)(a) and (b) of this section).
Miscellaneous and interpretation
In this Chapter—“arrangements” includes any agreement, scheme, arrangement or understanding of any kind whether or not legally enforceable involving one or more transactions;“authorised officer of Revenue and Customs” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purpose of this Chapter;“Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“document” includes any part of a document (and see subsection (2));“HMRC” means His Majesty’s Revenue and Customs;“information” includes a document (and see subsection (2));“information notice” means a notice issued under any of sections 179 to 183;“investigation of tax avoidance” includes the exercise of a function under an anti-avoidance enactment;“recipient”, in relation to a notice, means the person to whom the notice is issued;“tribunal” means the First-tier Tribunal or, where determined by or under the Tribunal Procedure Rules, the Upper Tribunal.
For the purposes of this Chapter—
a reference to providing information includes a reference to producing documents;
a reference to a document is a reference to anything in which information of any description is recorded.
Paragraphs 7(2) to (4), 8, 15 and 16 of Schedule 36 to FA 2008 (provision relating to documents) apply in relation to documents required under this Chapter as they apply in relation to documents required under that Schedule.
The following provisions of TMA 1970 apply for the purposes of this Chapter as they apply for the purposes of the Taxes Acts—
section 108 (responsibility of officers);
section 114 (want of form);
section 115 (delivery and service of documents).
Section 272A of FA 2014 is repealed.
Subsection (1) comes into force on such day as the Treasury may by regulations made by statutory instrument appoint.
Legal professionals
Subsection (2) applies where—
HMRC have notified a lawyer that they intend to publish, or are considering publishing, information identifying the lawyer under a provision listed in subsection (5), and
the lawyer—
intends to make representations to the effect that the information should not be published, but
will not be able to substantiate some or all of those representations without disclosing the content of privileged communications.
A lawyer (whether or not the lawyer intending to make the representations) may make a declaration to the effect that—
the representations are true, and
the content of privileged communications would be sufficient (whether alone or with other information) to demonstrate this on the balance of probabilities.
When considering whether the information referred to in subsection (1)(a) may be published, HMRC and, in the context of proceedings, a court or tribunal must treat a declaration made under subsection (2) and provided under a provision listed in subsection (5) as conclusive evidence of the information included in the declaration.
But subsection (3) does not apply if HMRC, or the court or tribunal, is satisfied that the declaration includes any information that is incorrect.
The provisions are—
section 316C of FA 2004 (disclosure of tax avoidance schemes);
paragraph 36 of Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes);
section 86 of FA 2022 (publication of information about tax avoidance schemes).
For the purposes of this section—
references to a lawyer are references to a person in respect of whose communications a claim to legal professional privilege, or (in Scotland) to confidentiality of proceedings as between client and professional legal adviser, could be maintained in legal proceedings, and
a communication is “privileged” if such a claim could be maintained in respect of it.
In this section—“HMRC” means—where the provision referred to in subsection (1)(a) is section 316C of FA 2004, HMRC as defined for the purposes of that section; where the provision referred to in subsection (1)(a) is paragraph 36 of Schedule 17 to F(No.2)A 2017, HMRC as defined for the purposes of that paragraph; where the provision referred to in subsection (1)(a) is section 86 of FA 2022—in subsection (1)(a), an officer of Revenue and Customs; in subsections (3) and (4), an authorised officer as defined for the purposes of that section;“tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.
The Commissioners for His Majesty’s Revenue and Customs may by regulations make provision about—
the form of a declaration made under subsection (2),
the information to be included in a declaration,
when and how a declaration is to be provided.
Regulations under this section—
are to be made by statutory instrument, and
may make different provision for different purposes.
A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of the House of Commons.
A person who makes a declaration under section 209(2) and carelessly or deliberately includes any incorrect information in the declaration is liable to a penalty not exceeding £10,000.
Where—A is liable to a penalty not exceeding £10,000.
the declaration includes incorrect information, and
A knew, or could reasonably have been expected to have known, that the information was incorrect,
For the purposes of subsection (1), incorrect information is included in a declaration carelessly if the person who makes the declaration has failed to take reasonable care to verify the information before including it.
A penalty under section 210 is not required to be paid before the penalty becomes final.
An authorised officer may publish information about a person where—
the person has incurred a penalty under section 210 in relation to a declaration, and
the penalty has become final.
The information that may be published under this section is—
the person’s name (including any trading name, previous name or pseudonym);
any address used by the person;
any other information that the authorised officer considers appropriate for the purposes of identifying the person or their business;
details of the arrangements to which the declaration relates including the nature of the person’s involvement in those arrangements;
details of the penalty imposed on the person under section 210.
The information may be published in any way that the authorised officer considers appropriate.
Before publishing information under this section, the authorised officer must—
notify the person that they are considering doing so,
give the person 30 days from that notification in which to make representations about whether it should be published, and
have regard to any representations received.
In this section—“arrangements” means—in relation to a declaration provided under section 316C(6)(b)(ii) of FA 2004, arrangements or proposed arrangements, with those terms having the same meaning as in that section; in relation to a declaration provided under paragraph 36(6)(b)(ii) of Schedule 17 to F(No.2)A 2017, arrangements or proposed arrangements, with those terms having the same meaning as in that paragraph; in relation to a declaration provided under section 86(5)(b)(ii) of FA 2022, a proposal or arrangements, with those terms having the same meaning as in that section;“authorised officer” means an officer of Revenue and Customs authorised for the purposes of this section.
Publication of any information under section 212 on the basis of a penalty incurred by a person may not take place after the end of the period of 12 months beginning with the date on which the penalty became final.
Subsection (1) is not to be taken to prevent the re-publication, or continued publication, after the end of the period referred to in that subsection, of information published under section 212 before the end of the period.
In section 316C of FA 2004 (disclosure of tax avoidance schemes)—
omit subsection (4A);
in subsection (6)(b)—
the words from “make representations” to the end become sub-paragraph (i);
after that sub-paragraph insert.
In paragraph 36 of Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes)—
omit sub-paragraph (4A);
in sub-paragraph (6)(b)—
the words from “make representations” to the end become sub-paragraph (i);
after that sub-paragraph insert.
In section 86 of FA 2022 (publication of information about tax avoidance schemes)—
omit subsection (3)(b) (and the “or” before it);
in subsection (5)(b)—
the words from “make representations” to the end become sub-paragraph (i);
after that sub-paragraph insert;
in subsection (6), after “representations” insert “and any declaration”.
The amendments made by section 214 have effect only in relation to conduct occurring on or after the day on which this Act is passed.
Disclosure of tax avoidance schemes: consequences for failure to comply
In TMA 1970—
omit section 98C (notifications under Part 7 of FA 2004);
in section 100(2) (determination of penalties by an officer of the Board), omit paragraph (f);
in section 103A (interest on penalties), omit “(other than section 98C)”.
In Part 7 of FA 2004 (disclosure of tax avoidance schemes)—
in section 313(4), for “98C of the Taxes Management Act 1970” substitute “315”;
for section 315 substitute—;
in section 318, in the appropriate places insert—.
In Part 2 of Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes)—
in the cross heading before paragraph 39 omit “(apart from paragraph 26)”;
for paragraphs 39 to 44 substitute—;
omit paragraph 45 and the cross heading before paragraph 45;
in the italic cross heading before paragraph 46, omit “under paragraph 39(1)(b) or 44”;
in paragraph 46(1), for “39(1)(b) or 44” substitute “39 or 40”;
in paragraph 49(2)(a), for “prescribed period mentioned in paragraph 41” substitute “period mentioned in paragraph 39(2)(b)”.
In Part 7 of FA 2004 (disclosure of tax avoidance schemes), in section 316C (publication by HMRC), omit subsections (6A) and (6B).
In Part 1 of Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: VAT and other indirect taxes), in paragraph 36 (publication by HMRC), omit sub-paragraphs (7) and (8).
In paragraph 5 of Schedule 34 to FA 2014 (promoters of tax avoidance schemes: threshold conditions)—
in sub-paragraph (3)(a), for “the tribunal” substitute “an authorised officer”;
in sub-paragraph (4)(a)—
at the beginning insert “on appeal,”;
for “section 118(2) of TMA 1970” substitute “section 315D(1) of FA 2004”;
for sub-paragraph (6) substitute—.
In paragraph 5 of Schedule 13 to FA 2020 (joint and several liability of company directors), for sub-paragraph (6)(a) substitute—.
In section 132A(2) of the Social Security Administration Act 1992 (disclosure of contributions avoidance arrangements)—
in paragraph (a), at the end insert “or to a penalty under that Part”;
in paragraph (b)—
for “section 98C of the Taxes Management Act 1970 (penalties for failure to comply with Part 7 of the Finance Act 2004) and any other” substitute “any”;
for “that section” substitute “Part 7 of the Finance Act 2004”.
In FA 2022—
in section 90(3) (freezing orders: interpretation etc)—
omit paragraph (a);
omit paragraph (d);
in Schedule 13 (penalties for facilitating avoidance schemes involving non-resident promoters), in paragraph 1(4), for paragraph (a) substitute—.
Construction industry scheme: amendments
Chapter 3 of Part 3 of FA 2004 (construction industry scheme) is amended as follows.
After section 62 insert—.
In section 66—
after subsection (3) insert—;
in subsection (4)—
for “the Board” substitute “the Commissioners”;
after “subsection (3)” insert “or subsection (3A)”;
in subsection (6)—
the words from “the person must” to the end become paragraph (a);
after that paragraph insert;
in subsection (7)—
after “subsection (3)” insert “or subsection (3A)”;
for the words from “the person may” to the end substitute—;
omit subsection (8).
In section 72, in the heading, at the end insert “: false statements and documentation”.
After section 72 insert—
In section 75, at the end insert—.
The Income Tax (Construction Industry Scheme) Regulations 2005 (S.I. 2005/2045) are amended as follows.
After regulation 13 insert—
In regulation 16—
in paragraph (1)—
the words from “a contractor” to the end become paragraph (a);
after that paragraph insert;
in paragraph (3), in Table 1, in the first row, for “and 13(2)” substitute “, 13(2) and 13A(2)”.
The amendments made by section 220(3)(d)(ii) and 220(3)(e) have effect in relation to a determination under section 66(3) of FA 2004 if the determination is made by reference to behaviour occurring on or after 6 April 2026.
Tax advisers
Prohibition against unregistered tax advisers interacting with HMRC
A tax adviser may not interact with HMRC in relation to the tax affairs of a client unless—
the adviser is registered under this Chapter, or
an exception in Schedule 20 (exceptions) applies.
A person interacts with HMRC if the person does or attempts to do any of the following—
contact HMRC by telephone, post or email;
send a message to HMRC through a website or internet portal;
file a return, claim, notice or other document with HMRC (whether electronically or otherwise);
communicate with HMRC in any other way.
Subsection (1) applies even if the tax adviser or the client (or both) are outside the United Kingdom.
Where an individual—the interaction is to be regarded as being carried out by that tax adviser.
works for a tax adviser, and
interacts with HMRC in the course of a business carried on by that tax adviser,
In this Chapter “tax adviser” means—
an organisation that, in the course of a business carried on by it, assists other persons with their tax affairs, or
an individual who, in the course of a business carried on by the individual as a sole trader, assists other persons with their tax affairs.
An organisation or individual assists another person with their tax affairs if the organisation or individual does any of the following—
advises the other person in relation to tax;
acts or purports to act as an agent on behalf of the other person in relation to tax;
provides assistance with any document that is likely to be relied on by HMRC to determine the other person’s tax position.
A person can be a tax adviser even if they are appointed indirectly (for example, at the request of someone other than their client).
In this Chapter “client”, in relation to a tax adviser, means a person who the adviser, in the course of a business carried on by the adviser, assists with their tax affairs.
Application process
A tax adviser may apply to HMRC to be registered under this Chapter.
An application must be made in the form and manner specified in a notice published by HMRC.
An application must contain the following—
the name and address of the tax adviser;
if the tax adviser is an organisation, the name of each of the tax adviser’s relevant individuals (see section 226 (meaning of “relevant individual” etc));
a statement—
that the tax adviser meets the registration conditions (see section 227 (registration conditions)), or
explaining why those conditions are not met;
any other information or evidence relating to the tax adviser or the registration conditions that may be specified in a notice published by HMRC.
A notice under subsection (3)(d) may, in particular, specify different types of information or evidence for different descriptions of tax advisers (for example, for tax advisers who are established in, or who otherwise have a connection with, a territory outside the United Kingdom).
For the purposes of this Chapter “relevant individual”, in relation to a tax adviser that is an organisation with fewer than six officers, means—
each individual who works for the tax adviser and who plays a significant role in—
the making of decisions about how the whole or a substantial part of the tax adviser activities of the organisation are to be managed or organised, or
the actual managing or organising of the whole or a substantial part of those activities, and
each officer of the tax adviser who is not within paragraph (a).
For the purposes of this Chapter “relevant individual”, in relation to a tax adviser that is an organisation with six or more officers, means—
each individual who works for the tax adviser and who plays a significant role in—
the making of decisions about how the whole or a substantial part of the tax adviser activities of the organisation are to be managed or organised, or
the actual managing or organising of the whole or a substantial part of those activities, and
if the organisation has fewer than five officers within paragraph (a), each officer of the tax adviser nominated by the adviser to be a relevant individual (see section 227(4) (registration conditions)).
In this Chapter “officer” means—
in relation to a company, a director;
in relation to a body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
in relation to a body corporate not within paragraph (a) or (b), an officer of the body whose functions correspond to those of a director of a company;
in relation to a partnership, a partner;
in relation to any other organisation, a person who exercises functions of management with respect to it.
A reference in this Chapter to the registration conditions is to the following three conditions.
The first registration condition is that the tax adviser and, if the adviser is an organisation, each of the adviser’s relevant individuals—
does not have a relevant amount overdue or a relevant return outstanding,
is not subject to a decision by HMRC to refuse to deal with them,
is not subject to a relevant anti-avoidance measure,
has not, in the previous 12 months, had a relevant anti-avoidance penalty imposed on them,
is not subject to a relevant suspension or a relevant ineligibility order,
is not disqualified under the directors disqualification legislation or subject to a similar disqualification in a territory outside the United Kingdom,
does not have an insolvency practitioner acting in relation to them, and
does not have an unspent conviction for a relevant offence (see section 229 (offences)).
The second registration condition is that the adviser—
is registered with a supervisory authority for the purposes of anti-money laundering supervision, or
meets such conditions about applying to register with a supervisory authority for those purposes as may be specified in a notice published by HMRC.
The third registration condition is that, if the adviser is an organisation within section 226(2)(b) (organisations with six or more officers etc), the adviser has nominated as many officers to be relevant individuals as are necessary to ensure that the adviser has at least five relevant individuals who are officers.
In section 227 and this section, “relevant amount”, other than in relation to a person within subsection (2), means an amount of—
tax payable to HMRC;
national insurance contributions;
devolved tax corresponding to a tax payable to HMRC or to national insurance contributions;
a civil penalty relating to a tax mentioned in paragraph (a) or (c) or to national insurance contributions;
a civil penalty (not within paragraph (d)) relating to an obligation contained in a provision made by or under any enactment relating to tax;
interest on an amount within paragraphs (a) to (e).
A person is within this subsection if, in the previous 12 months, the person—
was not liable to pay an amount within subsection (1)(a) to (f), and
was liable to pay an amount corresponding to an amount within subsection (1)(a) to (f) under the law of a territory outside the United Kingdom.
In relation to a person within subsection (2), “relevant amount” means an amount corresponding to an amount within subsection (1)(a) to (f) that the person is liable to pay—
under the law of the territory mentioned in subsection (2)(b), or
if the person was, during the 12-month period, liable to pay such an amount under the law of more than one territory outside the United Kingdom, under whichever of those territories the person earned the most income in relation to tax adviser activities during the 12-month period.
For the purposes of section 227(2)(a)—
a relevant amount is overdue if the amount has become due and payable but the amount has not been paid;
a relevant return is outstanding if the return is required to have been made or delivered but it has not been made or delivered.
But a relevant amount is not overdue if it is subject to a time to pay agreement that has not been broken.
For the purposes of section 227(2)(c), a person is subject to a “relevant anti-avoidance measure” if—
the person is subject to a stop notice given under section 236A of FA 2014 (power to give stop notices);
the person is subject to a monitoring notice given under section 244 of FA 2014 (monitoring notices: content and issuing);
information about the person has been published under paragraph 46 of Schedule 16 of F(No.2)A 2017 (penalties for enablers of defeated tax avoidance) and the information has not been withdrawn;
information identifying or about the person has been published under section 86(1) of FA 2022 (publication by HMRC of information about tax avoidance schemes) and the information has not been withdrawn.
In section 227 and this section “relevant anti-avoidance penalty” means a penalty under any of the following—
paragraph 2(1) of Schedule 35 to FA 2014 in respect of a failure to comply with section 236B(1) of that Act (stop notices);
paragraph 1 of Schedule 16 to F(No.2)A 2017 (penalties for enablers of defeated tax avoidance);
section 162 (ban on promotion of certain tax arrangements).
For the purposes of section 227(2)(d), if a relevant anti-avoidance penalty is imposed on a person and the penalty is at any time subsequently set aside or otherwise cancelled, the penalty is to be treated from that time as if it was not imposed on the person.
In section 227 and this section—“devolved tax” means a devolved tax within the meaning of the Scotland Act 1998 (see section 80A of that Act) or the Government of Wales Act 2006 (see section 116A of that Act);“disqualified under the directors disqualification legislation” has the same meaning as in the Companies Act 2006 (see section 159A of that Act);“insolvency practitioner” means—a person who acts as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 or article 3 of the Insolvency (Northern Ireland) Order 1989, or a person in a territory outside the United Kingdom who exercises functions similar to those of a person mentioned in paragraph (a);“relevant ineligibility order” means a temporary or permanent ineligibility order issued under section 236 or 237 (ineligibility orders);“relevant return” means a return relating to a relevant amount;“supervisory authority” means—a supervisory authority within the meaning given by regulation 3(1) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), or an authority in a territory outside the United Kingdom which exercises functions similar to those of an authority mentioned in paragraph (a);“time to pay agreement” means an agreement between HMRC and a person that payment of an amount may, subject to the person complying with any conditions determined by HMRC, be deferred for a period.
The reference in section 227(2)(h) to a relevant offence is to any of the following offences—
an offence under section 20BB of TMA 1970 (falsification of documents);
an offence under CEMA 1979;
an offence under VATA 1994;
an offence under section 35 of the Tax Credits Act 2002 (offence of fraud);
an offence under CRCA 2005;
an offence at common law of cheating the public revenue;
an offence under the law of any part of the United Kingdom consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of tax;
an offence of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (a) to (i);
an offence under the law of a territory outside the United Kingdom which would be an offence otherwise referred to in this section if the conduct constituting that offence was carried out in any part of the United Kingdom.
For the purposes of subsection (1)(k), an act punishable under the law of a territory outside the United Kingdom constitutes an offence under that law, however it is described in that law.
Where a tax adviser applies to be registered under this Chapter in accordance with section 225 (application for registration), an officer of Revenue and Customs must—
decide whether to approve the application;
notify the tax adviser of the decision and—
where the application is approved, of the date from which the registration has effect, and
where the application is not approved, of the reasons for the decision.
The officer must approve the application if satisfied that the tax adviser meets the registration conditions.
The officer may otherwise approve the application only if—In this subsection “relevant amount” and “relevant return” have the same meaning as in section 227 (registration conditions).
the tax adviser fails to meet the registration conditions solely by virtue of the adviser, or a relevant individual of the adviser, not meeting the condition in section 227(2)(a) (amount of tax etc overdue), and
having regard to the relevant amount that is overdue or (as the case may be) the circumstances of the outstanding relevant return, the officer considers it appropriate to approve the application.
An officer of Revenue and Customs may cancel the registration of a registered tax adviser if—
the adviser requests the cancellation, or
the tax adviser has been wound up or dissolved or has died.
Monitoring of registration conditions and suspension of registration
An officer of Revenue and Customs may by notice require a registered tax adviser to provide such information or evidence as the officer reasonably requires for the purpose of monitoring whether the tax adviser meets the registration conditions.
An authorised officer of Revenue and Customs may, by notice, suspend the registration of a registered tax adviser if the officer is not satisfied that the adviser meets the registration conditions.
An authorised officer of Revenue and Customs may, by notice, suspend the registration of a registered tax adviser for a period of up to 12 months if the officer considers that the adviser has, in the course of interacting with HMRC, behaved in a manner which falls below the standards that might reasonably be expected of a tax adviser in their interactions with HMRC.
In considering whether a tax adviser has behaved as described in subsection (2), the officer may in particular have regard to any provisions of a relevant HMRC standard that relate to interactions between tax advisers and HMRC. In this subsection “relevant HMRC standard” means a standard published by HMRC that is specified for the purposes of this section in a notice published by HMRC.
Before suspending the registration of a registered tax adviser under this section, the officer must—
notify the adviser of the fact that the officer considers subsection (1) or (2) to apply, and
allow the adviser a period of—beginning with the date of the notification, to take action to meet the conditions or to make representations to HMRC.
30 days, or
if subsection (5) applies, 60 days,
This subsection applies where—
the tax adviser is an individual and the officer considers subsection (1) to apply solely by virtue of the adviser not meeting the condition in section 227(2)(a) (amount of tax etc overdue), or
the tax adviser is an organisation and the officer considers subsection (1) to apply solely by virtue of a relevant individual of the adviser not meeting the condition in section 227(2)(a) (amount of tax etc overdue).
A notice suspending the registration of a registered tax adviser under this section must state the following—
the date on which it is issued;
the date on which the suspension has effect, which must not be before the end of the period of 30 days beginning with the date mentioned in paragraph (a);
in a case within subsection (2), the period of the suspension;
details of—
in a case within subsection (1), which of the registration conditions the officer is not satisfied that the adviser meets;
in a case within subsection (2), the behaviour mentioned in that subsection;
the period within which an appeal against the decision to suspend the registration of the adviser may be made.
An authorised officer of Revenue and Customs must, by notice, lift a suspension imposed under subsection (1) if satisfied that the adviser meets the registration conditions.
Compliance notice
Where a tax adviser contravenes section 223(1) (prohibited interaction with HMRC), an authorised officer of Revenue and Customs may give a notice (a “compliance notice”) to the adviser. For provision about the effect of a compliance notice, see sections 234(1)(a) and 235(1)(a) (financial penalties for prohibited interaction with HMRC).
A compliance notice must state the following—
the date on which it is issued;
the contravention to which the notice relates;
the period within which an appeal against the notice may be made.
An authorised officer of Revenue and Customs may withdraw a compliance notice at any time; and if they do so, they must notify the tax adviser.
A compliance notice is to be treated as withdrawn if subsection (5) or (6) applies.
This subsection applies if—
the tax adviser was not registered under this Chapter at the time of the contravention mentioned in subsection (1), and
the tax adviser subsequently registers under this Chapter.
This subsection applies if—
the tax adviser’s registration was suspended under section 232 (suspension of registration) at the time of the contravention mentioned in subsection (1), and
the suspension is subsequently lifted under section 232(7) or expires.
Before giving a compliance notice under this section, the authorised officer must—
notify the adviser of the fact that the officer considers subsection (1) to apply, and
allow the adviser a period of 30 days, beginning with the date of the notification, to make representations to HMRC.
Financial penalties
This section applies where—
a tax adviser has been given a compliance notice under section 233 that has not been withdrawn,
the tax adviser subsequently contravenes section 223(1) (prohibited interaction with HMRC), and
if the tax adviser is an organisation, an authorised officer of Revenue and Customs does not consider that the contravention is attributable to a relevant individual of the tax adviser (see section 235 (liability of relevant individuals)).
The tax adviser is liable in respect of the contravention to a penalty of—
£5,000, or
if subsection (3) or (4) applies, £10,000.
This subsection applies if—
in the period of two years ending with the date of the contravention, the tax adviser has been assessed to a penalty under this section or section 235 on four or more occasions, and
subsection (4) does not apply.
This subsection applies if the contravention takes place at a time when the tax adviser is subject to—
a temporary ineligibility order issued under this Chapter, or
a permanent ineligibility order issued under this Chapter.
For the purposes of subsection (3)(a), if a tax adviser is assessed to a penalty under this section or section 235 and the penalty is, at any time, subsequently set aside or otherwise cancelled, the penalty is to be treated from that time as if it was not assessed on the adviser.
This section applies where—
a tax adviser that is an organisation has been given a compliance notice under section 233 that has not been withdrawn,
the tax adviser subsequently contravenes section 223(1) (prohibited interaction with HMRC), and
an authorised officer of Revenue and Customs considers that the contravention is attributable to a relevant individual of the tax adviser.
The individual is liable in respect of the contravention to a penalty of—
£5,000, or
if subsection (3) or (4) applies, £10,000.
This subsection applies if—
in the period of two years ending with the date of the contravention, the relevant individual has been assessed to a penalty under this section or section 234 on four or more occasions, and
subsection (4) does not apply.
This subsection applies if the contravention takes place at a time when the relevant individual is subject to—
a temporary ineligibility order issued under this Chapter, or
a permanent ineligibility order issued under this Chapter.
For the purposes of subsection (3)(a), if a relevant individual is assessed to a penalty under this section or section 234 and the penalty is, at any time, subsequently set aside or otherwise cancelled, the penalty is to be treated from that time as if it was not assessed on the individual.
In this section references to a relevant individual of a tax adviser include a former relevant individual of the tax adviser.
Ineligibility orders
Where an authorised officer of Revenue and Customs assesses a tax adviser to a penalty under section 234(2)(b) (financial penalties for prohibited interaction with HMRC) in a case where section 234(3) applies (repeated contravention), the officer must issue a temporary ineligibility order to the tax adviser. For provision about the effect of a temporary ineligibility order, see in particular section 227(2)(e) (registration conditions) and sections 234(4) and 235(4) (financial penalties for prohibited interaction with HMRC).
A temporary ineligibility order issued under subsection (1) has effect for a period of 12 months from the end of the period of 30 days beginning with the date on which the order was issued to the person.
Where an authorised officer of Revenue and Customs assesses a tax adviser to a penalty under section 234(2)(b) (financial penalties for prohibited interaction with HMRC) in a case where section 234(4)(a) applies (contravention while subject to temporary ineligibility order), the officer must—For provision about the effect of a permanent ineligibility order, see in particular section 227(2)(e) (registration conditions) and sections 234(4) and 235(4) (financial penalties for prohibited interaction with HMRC).
issue a permanent ineligibility order to the tax adviser, and
in a case where the adviser’s registration is suspended under section 232, cancel the adviser’s registration.
A permanent ineligibility order issued under subsection (3) has effect indefinitely from the end of the period of 30 days beginning with the date on which the order was issued to the person.
Before issuing an order to a person under subsection (1) or (3), the authorised officer must—
notify the person of the fact that the officer considers subsection (1) or (3) (as the case may be) to apply, and
allow the person a period of 30 days, beginning with the date of the notification, to make representations to HMRC.
An order under subsection (1) or (3) must state—
the date on which it is issued, and
the period within which an appeal against the decision to issue the order may be made.
Where an authorised officer of Revenue and Customs assesses a tax adviser to a penalty under section 234(2)(b)(financial penalties for prohibited interaction with HMRC), the officer may—
in a case where section 234(3) applies (repeated contravention), issue a temporary ineligibility order to any relevant individual of the tax adviser;
in a case where section 234(4) applies (contravention while subject to an ineligibility order), issue a permanent ineligibility order to any relevant individual of the tax adviser.
Where an authorised officer of Revenue and Customs assesses a relevant individual of a tax adviser to a penalty under section 235(2)(b) (liability of relevant individuals) in a case where section 235(3) applies (repeated contravention), the officer must issue a temporary ineligibility order to the individual.
Where an authorised officer of Revenue and Customs assesses a relevant individual of a tax adviser to a penalty under section 235(2)(b) (liability of relevant individuals) in a case where section 235(4)(a) applies (contravention while subject to temporary ineligibility order), the officer must issue a permanent ineligibility order to the individual.
A temporary ineligibility order issued under subsection (1)(a) or (2) has effect for a period of 12 months from the end of the period of 30 days beginning with the date on which the order was issued to the person.
A permanent ineligibility order issued under subsection (1)(b) or (3) has effect indefinitely from the end of the period of 30 days beginning with the date on which the order was issued to the person.
Before issuing an order to a relevant individual under subsection (1), (2) or (3), the authorised officer must—
notify the relevant individual and the tax adviser of the fact that the officer considers subsection (1), (2) or (3) (as the case may be) to apply, and
allow the relevant individual and the tax adviser a period of 30 days, beginning with the date of the notification, to make representations to HMRC.
An order under subsection (1), (2) or (3) must state—
the date on which it is issued, and
the period within which an appeal against the decision to issue the order may be made.
Where an authorised officer of Revenue and Customs issues an order to a relevant individual under this section, the officer must also notify the tax adviser in question.
In this section references to a relevant individual of a tax adviser include a former relevant individual of the tax adviser.
Requirement for tax adviser to notify clients of suspension or ineligibility orders
Where a registered tax adviser’s registration has been suspended under section 232(1) (suspension of registration: registration conditions) for a period of more than 30 days, the adviser must take reasonable steps to notify each of their clients about the suspension within the period of 30 days beginning with the 31st day of the suspension.
Where a registered tax adviser’s registration has been suspended under section 232(2) (suspension of registration: behaviour of adviser), the adviser must take reasonable steps to notify each of their clients about the suspension within the period of 30 days beginning with the day on which the suspension first has effect.
Where a registered tax adviser is issued with a temporary or permanent ineligibility order under this Chapter, the adviser must take reasonable steps to notify each of their clients about the issuing of the order within the period of 30 days beginning with the day on which the order first has effect.
A notification to a client under subsection (1), (2) or (3) must be in the form and manner set out in a notice published by HMRC.
If a tax adviser contravenes subsection (1), (2) or (3) the adviser is liable to a penalty of £5,000.
Where the contravention relates to more than one client, the tax adviser is liable to a penalty under this section in respect of each client.
Reasonable excuse
If a person had a reasonable excuse for a contravention but the excuse has ceased, the person is to be treated as having continued to have the excuse if the contravention is remedied without unreasonable delay after the excuse ceased.
Extension of period for making representations
Where a provision of this Chapter requires an authorised officer of Revenue and Customs to allow a specified period of time for a person to make representations, the officer may, by notice to the person, extend that period.
Assessment of financial penalties etc
assess the penalty, and
notify the person.
A notice under subsection (1) may relate to more than one contravention by the person.
A notice under subsection (1) must state—
the date on which it is issued;
each contravention in respect of which the penalty is assessed;
the amount of the penalty;
the period within which an appeal against the assessment may be made.
notify the person of the fact that the officer considers the person is liable to the penalty, and
allow the person a period of 30 days, beginning with the date of the notification, to make representations to HMRC.
An assessment of a penalty under section 238 must be made within the period of 12 months beginning with the day on which the contravention first came to the attention of an officer of Revenue and Customs.
A person is not liable to a financial penalty under this Chapter in respect of anything in respect of which the person has been convicted of an offence.
Reviews and appeals
Schedule 21 contains provision about reviews and appeals.
Disclosure of information
HMRC may disclose information acquired under, or held in connection with, this Chapter to a person for the purpose of facilitating the exercise by the person of a function relating to the regulation or supervision of—
tax advisers, or
the tax system.
A person to whom HMRC discloses information under this section—
may use it only for the purpose for which it was disclosed, and
may not further disclose it without the consent of HMRC (which may be general or specific).
Where a person contravenes subsection (2)(b) by disclosing information relating to a person whose identity—section 19 of CRCA 2005 (offence of wrongful disclosure) applies in relation to the disclosure as it applies in relation to a disclosure in contravention of section 20(9) of that Act.
is specified in the disclosure, or
can be deduced from it,
Nothing in this section limits the circumstances in which information may be disclosed under section 18(2) of CRCA 2005 or under any other enactment or rule of law.
Power to publish information
An authorised officer of Revenue and Customs may publish information about a person if—
the person is assessed to a financial penalty under this Chapter, or
the person is issued with a relevant ineligibility order.
The information that may be published under this section is—
the person’s name, including any trading name, previous name or pseudonym;
the postcode of any address used by person;
any other information the authorised officer considers appropriate to publish in order to make clear the person's identity;
the amount of the financial penalty or (as the case may be) the type of the relevant ineligibility order issued.
Before publishing information under this section, the authorised officer must—
notify the person that they are considering doing so,
allow the person a period of 30 days, beginning with the date of the notification, to make representations to HMRC, and
after considering any such representations, notify the person of the authorised officer’s decision as to whether to publish the information.
Information may be published under this section in any manner that the authorised officer considers appropriate.
No information may be published under this section before the day on which the financial penalty or relevant ineligibility order becomes final.
No information may be published under this section for the first time after the end of the period of one year beginning with the day on which the penalty or relevant ineligibility order becomes final.
Where—an authorised officer of HMRC must take steps to remove the information from the website.
information has been published under this section on a government website, and
the information remains accessible on the website after the end of the period of one year beginning with the day on which it was first published,
For the purposes of this section a financial penalty or ineligibility order becomes “final” if—
the time for bringing any appeal or further appeal relating to it expires (ignoring any possibility of an appeal being brought out of time with permission), or
if later, any appeal or final appeal (other than an appeal brought out of time with permission) relating to it is finally determined.
Power to amend Schedule 20 (exceptions)
Regulations under this section may in particular—
add an exception, or
delete or amend an exception for the time being included in the Schedule.
Regulations under this section may—
make different provision for different purposes;
make transitional or saving provision.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.
Interpretation
In this Chapter—“authorised officer” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purposes of this Chapter;“Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“HMRC” means His Majesty’s Revenue and Customs;“organisation” means a body corporate, partnership or other organisation carrying on a business;“registered tax adviser” means a tax adviser who is registered under this Chapter;“tribunal” means the First-tier Tribunal or, where determined by or under the Tribunal Procedure Rules, the Upper Tribunal.
A reference in this Chapter to working for an organisation includes being a director, partner or member of an organisation.
Commencement
This section comes into force on the day on which this Act is passed.
The rest of this Chapter comes into force on such day as the Treasury may by regulations appoint.
Different days may be appointed for different purposes.
The Treasury may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Chapter.
The power to make regulations under subsection (4) includes power to make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
Conduct of tax advisers
Schedule 22 contains provision about the conduct of tax advisers.
Schedule 22 comes into force on 1 April 2026 and has effect in relation to acts or omissions on or after that date.
The Treasury may by regulations make transitional or saving provision in connection with the coming into force of any provision of Schedule 22.
The power to make regulations under subsection (3) includes power to make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
Power to publish information about tax advisers etc
An authorised officer may publish information about a tax adviser if—
in consequence of the tax adviser’s behaviour or conduct, HMRC has made a decision to—
refuse to deal with the adviser (whether temporarily or permanently), or
suspend the adviser’s access to HMRC’s online services for tax agents or tax advisers, and
the officer considers that publication would be in the public interest.
The information that may be published under subsection (1) is—
the tax adviser’s name, including any trading name, previous name or pseudonym;
the postcode of any address used by the tax adviser;
any other information the authorised officer considers appropriate to publish in order to make clear the tax adviser's identity;
details of the decision mentioned in subsection (1)(a) made in respect of the tax adviser, including the reasons why it was made and its effect on the tax adviser.
If, in acting as a tax adviser, an individual works or worked for a person carrying on a business, subsection (2)(c) includes power to publish such information about that person as the authorised officer considers appropriate in order to make clear the individual's identity.
Before publishing information under subsection (1), the authorised officer must—
notify the tax adviser and, in a case within subsection (3), the person mentioned in that subsection that they are considering doing so,
give the tax adviser and (as the case may be) the person a period of at least 30 days, beginning with the date of the notification mentioned in paragraph (a), to make representations about whether the information should be published, and
after considering any such representations, notify the adviser and (as the case may be) the person of the authorised officer’s decision as to whether to publish the information.
Subsection (6) applies if—
information about a tax adviser is published under subsection (1), and
the tax adviser is a body corporate controlled by another person.
An authorised officer may, if they consider that publication would be in the public interest, publish—
the other person’s name, including any trading name, previous name or pseudonym;
the postcode of any address used by the other person;
any other information about the other person that the authorised officer considers appropriate to publish in order to make clear the other person’s identity;
details of the relationship between the tax adviser and the other person.
Before publishing information under subsection (6), the authorised officer must—
notify the tax adviser and the person that they are considering doing so,
give the tax adviser and the person a period of at least 30 days, beginning with the date of the notification mentioned in paragraph (a), to make representations about whether the information should be published, and
after considering any such representations, notify the tax adviser and the person of the authorised officer’s decision as to whether to publish the information.
Information may be published under this section in any manner that the authorised officer considers appropriate.
Where—the authorised officer must publish such information about the change as the authorised officer considers appropriate.
information has been published under section 251 or this section, and
Where—an authorised officer of HMRC must take steps to remove the information from the website.
information has been published under section 251 or this section on a government website,
the information remains accessible on the website, and
any of the circumstances mentioned in subsection (4) apply,
The circumstances are that—
the decision mentioned in section 251(1)(a) made in respect of the tax adviser in question has expired or been withdrawn by HMRC;
an authorised officer becomes aware that the tax adviser in question—
has ceased to be a tax adviser for a period of at least five years, or
has died;
an authorised officer considers that publication of the information is no longer in the public interest.
Information may be published under this section in any manner that the authorised officer considers appropriate.
In this section and sections 251 and 252—“authorised officer” means an officer of Revenue and Customs who is, or is a member of a class of officers who are, authorised by the Commissioners for the purposes of sections 251 and 252;“Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“control” has the same meaning as in the Corporation Tax Acts (see section 1124 of CTA 2010);“HMRC” means His Majesty’s Revenue and Customs;“tax adviser” has the same meaning as in Schedule 38 to FA 2012 (see paragraph 2 of that Schedule).
Miscellaneous and final
Fiscal mandate assessments by the OBR
In section 4 of the Budget Responsibility and National Audit Act 2011 (main duty of the Office for Budget Responsibility)—
in subsection (3) (matters to be prepared on at least two occasions for each financial year), omit paragraph (b) (assessment of the fiscal mandate) and the “and” before it, and
in subsection (4) (matters to be prepared on at least one occasion for each financial year), before paragraph (a) insert—.
In consequence of the amendments made by subsection (1), in section 4A of that Act (announcement of fiscally significant measures), in subsection (7), in the definition of a “section 4(3) report”, omit “and an assessment”.
The amendments made by this section have effect in relation to the financial year beginning with April 2025 and subsequent financial years.
Provision of data by third parties
Schedule 23 contains provision about requiring data-holders to provide data to His Majesty’s Revenue and Customs on an ongoing basis.
Making tax digital
Schedule A1 to TMA 1970 (as inserted by section 60 of F(No.2)A 2017) is amended as follows.
For the heading of Part 1 substitute “Introduction”.
For paragraphs 1 to 4 and the cross-heading before paragraph 1 substitute—
For paragraph 6 (interpretation) substitute—
In paragraph 7 (periodic updates), in sub-paragraph (1), for “person or partnership to whom this Schedule applies” substitute “relevant person or relevant partnership”.
In paragraph 10 (partnership return), in sub-paragraph (1), for “partnership to which this Schedule applies” substitute “relevant partnership”.
In paragraph 11 (record-keeping), in sub-paragraph (1), for “person or partnership to whom this Schedule applies” substitute “relevant person or relevant partnership”.
In paragraph 18 (regulations), in sub-paragraph (3) for “person or partnership to whom this Schedule applies” substitute “relevant person or relevant partnership”.
The amendments made by this section come into force on the same day as section 60 of F(No.2)A 2017 comes into force.
Part 3 of Schedule A1 to TMA 1970 (as inserted by section 60 of F(No.2)A 2017) is amended as follows.
In paragraph 14 (exemption for the digital excluded), after sub-paragraph (1) insert—
In paragraph 15 (further exemptions)—
in sub-paragraph (1), at the end insert “, including exemptions the conditions of which are to be taken to be satisfied only where the Commissioners are satisfied as to specified matters”;
after sub-paragraph (2) insert—
The amendments made by this section come into force on the same day as section 60 of F(No.2)A 2017 comes into force.
Schedule A1 to TMA 1970 (digital reporting and record-keeping) (as inserted by section 60 of F(No.2)A 2017) is amended as follows.
Omit paragraph 8.
For paragraph 9 and the cross-heading before it substitute—
In paragraph 13 (electronic communications and records: supplementary powers)—
in sub-paragraph (1), omit “, 8”;
in sub-paragraph (2), before paragraph (a) insert—.
In paragraph 14 (exemptions for the digitally excluded), in sub-paragraph (1)(a), for “8” substitute “9”.
Schedule 14 to F(No.2)A 2017 is repealed.
In consequence of the repeal made by subsection (6), in section 61 of F(No.2)A 2017—
omit subsection (1);
in subsection (2), omit “or Schedule 14”;
in subsection (6)—
for “(1)” substitute “(2)”;
omit “and Schedule 14”.
The amendments made by subsections (2) to (5) come into force on the same day as section 60 of F(No.2)A 2017 comes into force.
Schedule 24 to FA 2021 (penalties for failure to make returns etc) is amended as follows.
In paragraph 2 (returns), in the Table—
in the entry in item 1, in columns A and B—
in paragraph (1), for “return under section 8” substitute “return, accounts, statements or documents required under section 8”;
omit paragraph (2);
in the entry in item 2, in columns A and B—
in paragraph (1), for “return under section 8A” substitute “return, accounts, statements or documents required under section 8A”;
omit paragraph (2);
in the entries in item 1 and 2, in column B, omit paragraph (3);
in the entry in item 3, in column A—
in paragraph (1), for “return under section 12AA(2)(a) or (3)(a)” substitute “return, accounts, statements or documents required under section 12AA(2) or (3)”;
omit paragraph (2).
In paragraph 2 (returns), omit sub-paragraphs (3) and (4).
In paragraph 5 (liability to penalty points)—
in sub-paragraph (2)—
in the opening words for “the following groups of returns” substitute “group 4A, 4B or 4C”;
omit paragraphs (a) and (b);
omit sub-paragraph (4).
In paragraph 6 (award of penalty points), in sub-paragraph (3)(b), omit “(3) or”.
In paragraph 15, omit sub-paragraph (6).
In paragraph 17 (time limit for assessments), in sub-paragraph (1)(b), omit “(3) or”.
In Schedule 25 to FA 2021 (penalties for deliberately withholding information), in paragraph 1—
in the Table—
for “section 8(1AB)(b)” substitute “section 8(1)(b)”;
for “section 8A(1AB)(b)” substitute “section 8A(1)(b)”;
omit sub-paragraphs (3) and (4).
The amendments made by subsections (2)(c), (3) and (8)(b) come into force on the day on which this Act is passed.
The other amendments made by this section come into force—
for the purposes for which the Schedule being amended is in force immediately before 1 April 2026, on 1 April 2026, and
for any other purposes, at the same time as the Schedule being amended comes into force for those purposes.
In section 132 of FA 1999 (power to provide for use of electronic communications), in subsection (5)(a)—
for “or requirement” substitute “, requirement or other provision (other than provision under subsection (6)(a) or (b))”;
for “or imposed” substitute “, imposed or made”.
In section 135 of FA 2002 (e-filing), in subsection (4)(a)—
for “or requirement” substitute “, requirement or other provision (other than provision under subsection (7)(a) to (ba))”;
for “or imposed” substitute “, imposed or made”.
The Commissioners may by regulations require persons who use an online service provided by HMRC—
to provide specified digital contact details,
to inform HMRC if they cease to use specified digital contact details, and
if they cease to use specified digital contact details, to provide alternative specified digital contact details.
Regulations under this section may—
make complying with requirements by virtue of this section a condition of using an online service provided by HMRC;
provide for a failure to comply with a requirement by virtue of this section to attract a penalty of a specified amount not exceeding £1,000;
provide that specified enactments relating to penalties imposed for the purposes of any taxation matter (including enactments relating to assessments, review and appeal) are to apply, with or without modifications, in relation to penalties for failures to comply with a requirement by virtue of this section;
specify the way in which a person must provide digital contact details, and inform HMRC if the person ceases to use a digital contact detail, as required by virtue of this section;
allow anything for which the regulations may provide, other than provision under paragraph (b), to be provided by means of a specific or general direction given by the Commissioners.
Regulation under this section may—
make provision in relation to any specified case or description of case;
make provision subject to specified exceptions;
make different provision for different purposes;
make supplementary, incidental and consequential provision;
make transitional or transitory provision and savings.
The power to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
Where digital contact details have been provided to HMRC in compliance with a requirement by virtue of this section, the functions in connection with which the Revenue and Customs may under section 17 of CRCA 2005 use the digital contact details include any function relating to an online service provided by HMRC, including any function in relation to which provision is made by virtue of section 132 of FA 1999 or section 135 of FA 2002 (electronic communications).
In this section—“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;“digital contact detail” means email address, mobile telephone number or any other contact detail for the purpose of communicating by digital means;“HMRC” means His Majesty’s Revenue and Customs;“the Revenue and Customs” has the meaning given by section 17 of CRCA 2005;“taxation matter” means anything the collection and management of which is the responsibility of the Commissioners.
References in this section to an online service provided by HMRC include an online service provided on behalf of HMRC.
In relation to an online service provided on behalf of HMRC—
references in this section to providing digital contact details include providing those details to the person providing the service, and
reference in this section to informing HMRC include informing the person providing the service.
Penalties
Schedule 24 to FA 2021 (penalties for failure to make returns etc) is amended as follows.
In paragraph 6, in sub-paragraph (2), for the words from “, and state in the notice” to the end substitute
After paragraph 6 insert—
In paragraph 8 (expiry of all penalty points for a group of returns)—
in sub-paragraph (1)—
the words from “at the beginning” to the end become paragraph (a);
after that paragraph insert;
in sub-paragraph (6) for “this paragraph” substitute “paragraph (1)(a)”;
after sub-paragraph (6) insert—
After paragraph 16 insert—
In paragraph 24, in sub-paragraph (4)—
in paragraph (a)(ii), omit “, for a group of returns,”;
in paragraph (b), omit “in the same group”;
in paragraph (c), for “that group of returns” substitute “the group of returns to which that return belongs”.
For the purposes for which Schedule 24 to FA 2021 is in force immediately before 1 April 2026—
the amendment made by subsection (4)(c) is treated as always having been in force, and
the other amendments made by this section come into force on 1 April 2026.
For the purposes for which the amendments made by this section come into force by virtue of subsection (7)—
the amendments made by subsections (2), (3) and (6) have effect in relation to penalty points awarded on or after 1 April 2026;
the amendments made by subsection (4)(a) and (b) have effect in relation to penalty points whenever awarded;
the amendment made by subsection (5) has effect in relation to penalties assessed on or after 1 April 2026.
The amendments made by this section come into force for any other purposes at the same time as Schedule 24 to FA 2021 comes into force for those other purposes.
Schedule 26 to FA 2021 (penalties for failure to pay tax) is amended as follows.
In paragraph 16 (assessments), in sub-paragraph (3)(c), for “the period to which the penalty relates” substitute “, where the penalty is assessed under paragraph 8, the period by reference to which the penalty has been calculated”.
After paragraph 17 insert—
In paragraph 18 (time limit for assessments), in sub-paragraph (2), omit the words from “(that is to say” to the end.
In section 16 of the Social Security Contributions and Benefits Act 1992 (application of Income Tax Acts and destination of Class 4 contributions), in subsection (1)(f), for the words from “and 25” to the end substitute “to 26 to the Finance Act 2021 (penalties)”.
The amendments made by subsections (2) to (4) come into force on 1 April 2026 for the purposes for which Schedule 26 to FA 2021 is in force immediately before 1 April 2026 and have effect in relation to penalties assessed on or after 1 April 2026.
The amendments made by subsections (2) to (4) come into force for any other purposes at the same time as Schedule 26 to FA 2021 comes into force for those other purposes.
The amendment made by subsection (5) comes into force—
for the purposes for which paragraph 13 of Schedule 27 to FA 2021 is in force immediately before 1 April 2026, on 1 April 2026;
for any other purposes, at the same time as that paragraph comes into force for those other purposes.
In paragraph 1 of Schedule 56 to FA 2009 (penalty for failure to make payments on time), in item 18 of the Table—
in column 3, after “under section 55” insert “or 56(3)(b)”;
in column 4, after “or (9)” insert “or section 56(3)(b)”.
In paragraph 1(1) of Schedule 26 to FA 2021 (penalties for failure to pay tax), in item 1 of the table relating to income tax or capital gains tax, in columns 2 and 3, after “section 55” insert “or 56(3)(b)”.
The amendment made by subsection (1) has effect in relation to amounts that become payable on or after 1 April 2026.
The amendment made by subsection (2) comes into force—
for the purposes for which the table relating to income tax or capital gains tax in paragraph 1(1) of Schedule 26 to FA 2021 (penalties for failure to pay tax) is in force immediately before 1 April 2026, on 1 April 2026;
for any other purposes, at the same time as that table comes into force for those other purposes.
In paragraph 17 of Schedule 18 to FA 1998 (failure to deliver company tax return: flat-rate penalty)—
in sub-paragraph (2)—
in paragraph (a), for “£100” substitute “£200”;
in paragraph (b), for “£200” substitute “£400”;
in sub-paragraph (3), in the opening words—
for “£500” substitute “£1000”;
for “£1000” substitute “£2000”;
after sub-paragraph (4) insert—
The amendments made by subsection (1)(a) and (b) have effect in relation to a failure to deliver a company tax return for which the filing date is on or after 1 April 2026.
Advance tax clearances
An HMRC officer may, on the application of a qualifying person and if the officer considers it appropriate, give a clearance (an “advance tax clearance”) on how HMRC would decide, in relation to a qualifying investment project, questions relating to—
corporation tax;
value added tax;
stamp duty land tax;
income tax;
the PAYE Regulations;
the construction industry scheme.
An investment project is a “qualifying investment project” if it is expected to result in at least £1 billion of UK expenditure.
The reference here to “UK expenditure” is to expenditure on—the United Kingdom or the UK sector of the continental shelf.
goods, intangible assets, or services (other than the provision of financing), which are used or consumed in, or
immovable property in,
Any apportionment of expenditure between expenditure that is and is not UK expenditure is to be made on a just and reasonable basis.
A person is a “qualifying person”, in relation to a qualifying investment project, if the person will incur (or is incurring) the UK expenditure for the purpose of the project or if the person—
controls, or will control, such a person,
is a member of a consortium which owns, or will own, such a person,
jointly controls, or will jointly control, a company that is a joint venture and such a person, or
is a partner in a partnership and those partners together control, or will control, such a person.
Where there is more than one qualifying person in relation to an investment project, an application under this section must be made by one only of them with the agreement in writing of the other qualifying persons in relation to the project in existence at the time the application is made.
In this section—“company” has the meaning given by section 1121 of CTA 2010;“construction industry scheme” means Chapter 3 of Part 3 of FA 2004 and provision made under or in connection with that Chapter;“control” has the meaning given by section 1124 of CTA 2010;“intangible asset” means an asset which falls to be treated as an intangible asset in accordance with generally accepted accountancy practice (within the meaning given by section 1127 of CTA 2010);“partnership” includes an entity established under the law of a country or territory outside the United Kingdom of a similar nature to a partnership;“the PAYE Regulations” means the Income Tax (Pay As You Earn) Regulations 2003 (S.I. 2003/2682);“the UK sector of the continental shelf” means the areas designated by Order in Council under section 1(7) of the Continental Shelf Act 1964;“United Kingdom” includes the territorial sea adjacent to the United Kingdom.
For the purposes of this section—
a person is a member of a consortium if it is a member of a consortium within the meaning of Part 5 of CTA 2010, and
references to a person jointly controlling a company that is a joint venture are to be read in accordance with those provisions of international accounting standards which relate to joint ventures.
An advance tax clearance binds HMRC for a period of 5 years, beginning with the day on which the clearance is given as regards—
the investment project, as described in the clearance, and
the qualifying person or persons specified or described in the clearance only.
But HMRC is not bound so far as—alters how HMRC must decide a question.
a change in the law, or
a decision of an appeal court that has become final,
In this section, “appeal court” means—
the Upper Tribunal;
the Court of Appeal in England and Wales;
the Court of Session;
the Court of Appeal in Northern Ireland;
the Supreme Court.
For the purposes of this section, a decision of an appeal court is “final” if it is—
a ruling of the Supreme Court, or
a ruling of another appeal court in circumstances where—
no appeal may be made against the ruling,
if an appeal may be made against the ruling with permission (or, in Northern Ireland, leave), the time limit for applications has expired and either no application has been made or permission (or leave) has been refused,
if such permission (or leave) to appeal against the ruling has been granted or is not required, no appeal has been made within the time limit for appeals, or
if an appeal was made, it was abandoned or otherwise disposed of before it was determined by the court or tribunal to which it was addressed.
An HMRC officer may, on the application of the nominated person and if the officer considers it appropriate, extend (or further extend) by up to 5 years the period for which an advance tax clearance binds HMRC.
The “nominated person” is—
the qualifying person who made the application for the clearance, or
a qualifying person notified to HMRC by the person who is for the time being the nominated person.
If a decision is taken to change an aspect of an investment project for which an advance tax clearance binds HMRC from how it is described in the clearance, or if anything which is set out in the clearance and is material to it ceases to be accurate—
the nominated person must notify an HMRC officer as soon as reasonably practicable after the decision was taken or the thing ceased to be accurate, and
an HMRC officer may, if the officer considers it appropriate, modify or revoke the clearance.
A modification under subsection (1)—
may—
revoke any part of the clearance;
otherwise adapt the clearance;
does not alter the period for which a clearance binds HMRC.
An HMRC officer may also modify a clearance so that it specifies a person as regards whom it is binding instead of describing the person.
A modification or revocation under subsection (1) or (3)—
may be made on the application of the nominated person or by an HMRC officer on the officer’s own initiative;
takes effect from such time (which may be any time at or after the time at which the clearance was given) as the HMRC officer may determine.
A nominated person is liable to a penalty of £5,000 if the person fails to comply with the duty under subsection (1)(a).
An HMRC officer may require a qualifying person to provide, within such period as the officer may specify, such information as may reasonably be required in connection with an, or an application for an, advance tax clearance.
If a qualifying person fails to comply with a duty imposed under this section in connection with a clearance, an HMRC officer may revoke the clearance or any part of it.
The effect of a revocation under this section is that the clearance, or (as the case may be) the part of the clearance, is treated as never having been given.
A qualifying person is liable to a penalty of £5,000 if the person fails to comply with a duty imposed under this section.
If a qualifying person has provided an HMRC officer with information which is false or misleading—an HMRC officer may revoke the clearance.
in, or in connection with, an application for an advance tax clearance, or
otherwise in connection with such a clearance,
The effect of a revocation under subsection (1) is that the clearance is treated as never having been given.
A person is liable to a penalty of £10,000 if the person carelessly or deliberately makes a false or misleading statement to an HMRC officer—
in, or in connection with, an application for or in relation to an advance tax clearance, or
otherwise in connection with such a clearance.
The Commissioners may set out in a notice published by them—
matters on which an HMRC officer may not give an advance tax clearance;
things that an HMRC officer must, may or may not take into consideration in deciding whether it is appropriate to—
give or modify an advance tax clearance in relation to a qualifying investment project or any particular question relating to such a project, or
extend the period for which an advance tax clearance binds HMRC;
provision about who an HMRC officer must, may or may not include in an advance tax clearance, if given, as the qualifying person or persons as regards whom the clearance is binding;
steps qualifying persons must take before an HMRC officer may give an advance tax clearance;
Unless it is prohibited by a notice under this section, nothing in such a notice prevents an HMRC officer taking into consideration things not mentioned in the notice in deciding whether it is appropriate to—
give, or modify, an advance tax clearance, or
extend the period for which such a clearance binds HMRC.
A notice published by the Commissioners under this section may be amended or withdrawn by a further notice.
The Treasury may by regulations made by statutory instrument—
amend section 266(1)—
to add a tax, or a matter relating to tax, to the matters in relation to which an HMRC officer may give an advance tax clearance, or
to remove a matter in relation to which an HMRC officer may give such a clearance;
Regulations under subsection (1)—
may make transitional and saving provision;
A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
The Treasury may by regulation made by statutory instrument provide that specified enactments relating to penalties imposed in connection with tax (including enactments relating to assessments, review and appeal) are to apply, with or without modifications, in relation to penalties imposed under section 269, 270 or 271.
A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of the House of Commons.
In sections 266 to 273—“advance tax clearance” means a clearance under section 266;“HMRC” means His Majesty’s Revenue and Customs;“HMRC officer” means an officer of Revenue and Customs;“nominated person” has the meaning given by section 268(2);“qualifying investment project” has the meaning given by section 266(2);“qualifying person” has the meaning given by section 266(5).
Cryptoasset reporting framework
The duty under regulation 6 of the Reporting Cryptoasset Service Providers (Due Diligence and Reporting Requirements) Regulations 2025 (S.I. 2025/744) (“the Regulations”) to make a report to HMRC applies to UK reporting cryptoasset service providers in respect of information relating to cryptoasset users resident in the United Kingdom, or who have controlling persons that are resident in the United Kingdom, as it applies in respect of cryptoasset users that are reportable users or that have controlling persons that are reportable persons.
The duty under regulation 8 of the Regulations (notification to reportable users and reportable persons) applies where, by virtue of subsection (1), a UK reporting cryptoasset service provider must make a report to HMRC under regulation 6 of the Regulations that will include information relating to a cryptoasset user resident in the United Kingdom, or who has a controlling person that is resident in the United Kingdom, as it applies where such a service provider must make a report under regulation 6 of the Regulations that will include information relating to a reportable user or a reportable person, but—
reading references in regulation 8 of the Regulations to a reportable user or a reportable person as references to the cryptoasset user resident in the United Kingdom, or who has a controlling person that is resident in the United Kingdom, and
as if regulation 8(1)(b) of the Regulations were omitted.
For the purposes of this section—
regulation 2 of the Regulations (interpretation) applies as it applies for the purposes of the Regulations,
“resident” means resident for income tax purposes or corporation tax purposes.
For the purposes of this section, and the Regulations as they apply for the purposes of this section, regulation 3 of the Regulations (UK reporting cryptoasset service provider) is to be read as if the reference in regulation 3(1)(b) to Section I(C) to (H) of the rules were a reference to Section I(C) to (G) of the rules.
The reference in section 349 of F(No. 2)A 2023 (international arrangements for exchanging information) to making regulations in connection with international tax compliance arrangements includes, in the case of any provision of the OECD Crypto-Asset Reporting Framework, published in 2022, such regulations making provision which—
is similar or connected to regulations under that section giving effect to the provision of the Framework, and
is for cases to which the provision of the Framework does not apply.
Miscellaneous
The Treasury may by regulations make provision for the purpose of enabling or facilitating the testing by HMRC of modern stamp tax procedures by applying such procedures to relevant transfers on sale.
A transfer on sale is “relevant” for the purposes of this section if—
the transfer is executed in a prescribed period,
the purchaser—
is a designated person, and
does not determine that the transfer is to be excluded from the procedures mentioned in subsection (1),
stamp duty is, or would but for an exemption or other relief be, chargeable on the transfer, and
the transfer meets any other conditions that may be prescribed.
“Modern stamp tax procedures” means any procedure, technology, system or process that could be used for the payment, collection, recovery or other administration of a future tax replacing stamp duty under which the purchaser in relation to a transfer on sale is liable to the tax.
Regulations under this section may—
provide that, if a designated person complies with prescribed requirements in relation to a relevant transfer on sale, a prescribed step required or contemplated by any legislation relating to stamp duty is to be treated as having been carried out;
make further provision about designations under subsection (2)(b)(i);
treat designated persons as liable to stamp duty on any relevant transfers on sale in respect of which they are the purchaser;
confer functions on HMRC, including functions involving the exercise of a discretion.
Regulations under this section may—
enable the claiming by designated persons of reliefs or refunds in respect of relevant transfers on sale;
make provision about the keeping of records;
make provision about the time at which payments of stamp duty are to be made and the methods of payment;
require any person liable by virtue of this section to pay stamp duty on a relevant transfer—
to notify HMRC and submit a self-assessed return;
to comply with any request of HMRC to provide information in connection with the relevant transfer;
make provision about enforcement (including provision for the imposition of civil penalties or other sanctions for a failure to comply with requirements under the regulations);
include provision about—
the information to be included in a self-assessed return;
the form of, and method of submitting, such a return;
require designated persons to use a prescribed facility for the making of payments or the submission of returns;
provide for Schedule 36 to FA 2008 (information and inspection powers) to have effect as if in paragraph 63(1) of that Schedule (meaning of “tax”), after paragraph (g) there were inserted—.
Regulations under this section may provide for any provisions of TMA 1970 specified in the regulations to apply in relation to stamp duty on relevant transfers as they apply in relation to a tax within the meaning of that Act, subject to any modifications that may be prescribed.
Regulations under this section may—
disapply or otherwise modify any enactment;
make different provision for different purposes;
make incidental, supplementary or consequential provision.
In the case of a transfer on sale executed by two or more joint purchasers, the reference in subsection (2)(b) to the purchaser is to be read as a reference to the purchaser who is first named on the transfer.
In this section—“designated person” means a person designated by HMRC with the person’s consent;“HMRC” means His Majesty’s Revenue and Customs;“prescribed” means prescribed in regulations under this section.
A power to make regulations under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
After section 28 of CRCA 2005 (complaints and misconduct relating to England and Wales) insert—
In section 18(2) of that Act (exceptions to confidentiality), after paragraph (g) insert—.
In section 29 of that Act (confidentiality etc), after subsection (3) insert—
Section 25 of FA 1925 (which refers to the liability of Dominion Governments to taxation in respect of trading operations and which is obsolete) is repealed.
In Table A in section 660 of ITEPA 2003 (taxable UK benefits), omit the entry relating to bereavement allowance (which is no longer payable).
In Table B in section 677 of that Act (UK social security benefits wholly exempt from tax), omit the following entries to benefits that are no longer payable—“back to work bonus”,“bereavement payment”,“child’s special allowance “,“council tax benefit”,“health in pregnancy grant”,“in-work credit”,“in-work emergency discretion fund payment”, and“return to work credit”.
In the Table in paragraph 1(4) of Schedule 24 to FA 2007—
in the entry relating to remote gaming duty, for “section 26K of BGDA 1981” substitute “section 166 of FA 2014”.
Final
In this Act the following abbreviations are references to the following Acts—
This Act may be cited as the Finance Act 2026.
Property and savings rates of income tax: consequential amendments
Amendments of ITA 2007
ITA 2007 is amended as follows.
In section 6(3) (other rates of income tax)—
in paragraph (zb), for “Welsh basic, higher and additional rates” substitute “the Welsh rates”,
after paragraph (zc) insert—, and
in paragraph (c), after “(trust rate” insert “, property trust rate, savings trust rate”.
In section 6B (the Welsh basic, higher and additional amounts)—
after subsection (1) insert—, and
for the heading substitute “The Welsh rates”.
In section 9 (the trust and dividend trust rate)—
after subsection (1) insert—, and
in the heading, after “The trust rate” insert “, property trust rate, savings trust rate”.
after the second column, insert the following column—, and
in the second column, in the final row, for “Default basic rate” substitute “Savings basic rate”.
In section 10 (income charged at the basic, higher and additional rates: individuals), in subsection (4), after the entry relating to section 11C insert—.
In section 11 (income charged at the default basic rate: non-individuals), in subsection (2)—
at the beginning insert—, and
in the entry relating to Chapters 3 to 5 of Part 9, after “charged at” insert “the property trust rate, the savings trust rate or”.
In section 11B (income charged at the Welsh basic, higher and additional rates)—
in subsections (1)(a), (2)(a) and (3)(a), for “non-savings income” substitute “neither property income nor savings income”,
omit subsection (4), and
in subsection (6) —
for “Section 16 has” substitute “Sections 16 and 16A have”, and
for “non-savings income of a Welsh taxpayer” substitute “income of a Welsh taxpayer which is neither property income nor savings income”.
In section 11C (income charged at the default basic, higher and additional rates: non-UK resident individuals), in subsection (4), before the entry relating to section 11D insert—.
After section 11CA, as inserted by section 6(3) of this Act, insert—
In section 11D (income charged at the savings basic, higher and additional rates), in the heading, at the end insert “: individuals”.
After that section insert—
In section 12B (individual’s entitlement to a savings allowance), in subsection (8)—
in paragraph (a)(i) and (iv) (which sets out what counts as additional-rate income), after “the additional rate” insert “, property additional rate”, and
in paragraph (b)(i) and (iv) (which sets out what counts as higher-rate income), after “the higher rate” insert “, property higher rate”.
In section 14 (income charged at the dividend ordinary rate: other persons)—
in subsection (1)(b), for “the basic rate” substitute “the default basic rate”, and
in the heading, for “other persons” substitute “non-individuals”.
In section 15 (income charged at the trust rate and the dividend trust rate)—
after “charged at the trust rate” insert “, the property trust rate, the savings trust rate”, and
in the heading, after “charged at the trust rate” insert “, the property trust rate, the savings trust rate”.
In section 16 (savings and dividend income to be treated as highest part of total income), for subsection (1)(zb) substitute—.
In section 18 (meaning of “savings income”), in subsection (4)(b)—
after “personal representatives” insert “or trustees”, and
for “or 466” substitute “, 466 or 467”.
In section 31 (total income: supplementary), in subsection (2), after “the basic rate,” insert “the property basic rate, the savings basic rate,”.
In section 55B (transferable tax allowance for married couples and civil partners: entitlement to tax reduction), in subsection (2)(b)—
after “other than the basic rate,” insert “the property basic rate,” and
after “the Welsh basic rate,” insert “the Welsh property basic rate,”.
In section 55C (transferable tax allowance for married couples and civil partners: election to reduce personal allowance), in subsection (1)(c)—
after “other than the basic rate,” insert “the property basic rate,” and
after “the Welsh basic rate,” insert “the Welsh property basic rate,”.
In section 399B(3) (which provides for relief for finance costs relating to residential property to be given at the basic rate for property partnerships)—
for “BR”, in both places, substitute “PBR”, and
for “basic rate” substitute “property basic rate”.
In section 462 (overview of Part 9), in subsection (3) (which explains the provision made by Chapter 3), after “charged at” insert “the property trust rate, the savings trust rate or”.
In section 463 (general provision about settlements etc)—
in subsection (1), in the definition of “other income” for the words from “neither” to “nor” substitute “not property income, dividends income or”, and
in subsection (2), after “charged at” insert “the property trust rate, the savings trust rate or”.
In section 479 (trustees’ accumulated or discretionary income to be charged at special rates), after subsection (2) insert—
In section 481 (other amounts to be charged at special rates for trustees), after subsection (3) insert—
In section 483 (sums paid by personal representatives to trustees), in subsection (1)(b), after “that income at” insert “the property trust rate, the savings trust rate or”.
In section 486 (how allowable expenses are to be set against trust rate income)—
in subsection (1), in step 2, after “savings income” insert “, property income”,
in that subsection, in step 5, in paragraph (a), for “the basic rate” substitute “the savings basic rate”,
in that subsection, after that step insert—, and
in that subsection, in step 6, in the final sentence, for “or 5” substitute “, 5 or 5A”.
In section 503 (how beneficiary’s income is reduced), in subsection (2), omit the “and” before “fourth” and for the entry relating to “fourth” substitute—
In section 874 (duty to deduct from certain payments of yearly interest), in subsection (2), for “the basic rate” substitute “the savings basic rate”.
In section 889 (payments in respect of building society securities), in subsection (4), for “the basic rate” substitute “the savings basic rate”.
In section 919 (manufactured interest on UK securities: payments by UK residents etc), in subsection (2), for “the basic rate” substitute “the savings basic rate”.
In section 939 (duty to retain bonds where issue treated as payment of interest), in subsection (2), for “the basic rate” substitute “the savings basic rate”.
In section 974 (Real Estate Investment Trusts: regulations under section 973), in subsection (1)(a), for “the basic rate” substitute “the property basic rate”.
In section 975A (statements about certain payments of interest), in subsection (4)(b), for “the basic rate” substitute “the savings basic rate”.
In section 989 (definitions), at the appropriate places insert—;;;;;;;;.
In Schedule 4 (index of defined expressions), at the appropriate places insert—;;;;;;;;.
Amendments of other tax legislation
In section 7 of TMA 1970 (notice of liability to income tax and capital gains tax), in subsection (6)—
in subsection (6)—
after “other than the basic rate,” insert “the property basic rate, the savings basic rate,” and
after “the Welsh basic rate,” insert “the Welsh property basic rate,”, and
after that subsection insert—
In section 1J of TCGA 1992 (section 1I: definitions and other supplementary provision)—
in subsection (1), after paragraph (a) insert—, and
in subsection (5), in the words after paragraph (c), after “the default higher rate” insert “, the property higher rate, the savings higher rate”.
ITTOIA 2005 is amended as follows.
In sections 274AA(5) and 274C(2) (which provide for relief for finance costs relating to residential property to be given at the basic rate)—
for “BR”, in both places, substitute “PBR”, and
for “basic rate” substitute “property basic rate”.
In section 465A (gains from life insurance contracts: amounts for which individuals liable to be treated as highest part of total income), in subsection (1)(b), for “the basic rate” substitute “the savings basic rate”.
In section 466 (gains from life insurance contracts: personal representatives as person liable), in subsection (2), in the opening words, for “the basic rate” substitute “the savings basic rate”.
In section 467 (gains from life insurance contracts: trustees as person liable), in subsection (7), for “the basic rate” substitute “the savings basic rate”.
In section 530 (gains from life insurance contracts: income tax treated as paid etc), in subsection (1), for “the basic rate” substitute “the savings basic rate”.
In section 533 (meaning of “comparable EEA tax charge”), in subsection (4), for “20%” substitute “22%”.
In section 535 (gains from life insurance contracts: top slicing relief), in subsection (3)—
for “BRL”, in both places, substitute “SBRL”, and
for “the basic rate” substitute “the savings basic rate”.
In section 536 (gains from life insurance contracts: top slicing relief where one chargeable event), in subsection (1), in paragraph (b) of Step 2, for “the basic rate” substitute “the savings basic rate”.
In section 537 (gains from life insurance contracts: top slicing relief where two or more chargeable events), in paragraph (b) of Step 2, for “the basic rate” substitute “the savings basic rate”.
In section 539 (gains from life insurance contracts: relief for deficiencies), in subsection (8)—
after the entry relating to the default higher and default basic rate insert—, and
at the end insert—.
In section 669 (reduction in residuary income: inheritance tax on accrued income), in subsection (3), omit the “and” before paragraph (b) and after that paragraph insert—
In section 680 (beneficiaries’ income etc: income treated as bearing income tax), in subsection (4), for “the basic rate” substitute “the savings basic rate”.
After section 680B insert—
In section 552 of CTA 2010 (distributions by Real Estate Investment Trusts)—
in subsection (2)—
for “BRT”, in both places, substitute “PBRT”, and
in the definition of “BRT”, for “the basic rate” substitute “the property basic rate”, and
in subsection (3), for “BRT”, in both places, substitute “PBRT”.
In section 102 of FA 2012 (I - E profit: policyholders’ rate of tax), in subsection (3), for “the basic rate” substitute “the savings basic rate”.
Amendment of Scotland Act 1998
In section 80C of the Scotland Act 1998 (power to set Scottish rates for Scottish taxpayers), for subsection (2B) (which prevents a Scottish rate resolution from applying different rates in relation to different types of income) substitute—
Scottish and Welsh property income rates
Scotland
Wales
In section 6B (the Welsh rates), in subsection (1A), as inserted by paragraph 3 of Schedule 1, for Step 3 substitute—
Chapter 2 of Part 4A of the Government of Wales Act 2006 (income tax) is amended as follows.
Section 116D (power to set Welsh rates for Welsh taxpayers) is amended as follows.
In subsection (1), at the end insert—
In subsection (2)—
after “additional rates” insert “and the Welsh property basic, higher and additional rates,”, and
for “section 11B” substitute “sections 11B and 11CB”.
Section 116I (supplemental powers to modify enactments) is amended as follows.
In subsection (1)—
in the opening words, for the words from “section 11B” to “additional rates)” substitute “sections 11B and 11CB of the Income Tax Act 2007 (income charged at Welsh rates)”, and
in paragraphs (a) and (b), after “the section” insert “concerned”.
After subsection (2) insert—
In subsection (3)(a), after “additional rate” insert “or, as the case may be, the Welsh property basic rate, the Welsh property higher rate or the Welsh property additional rate”.
In section 116K (report by the Comptroller and Auditor General), in subsection (3)(b), at end insert “or relating to the Welsh property basic rate, the Welsh property higher rate or the Welsh property additional rate”.
Non-resident, and previously non-domiciled individuals
Relief for new residents on foreign income and gains
In section 845A of ITTOIA 2005 (claim for relief for qualifying new residents: qualifying foreign income), after subsection (3) insert—
In section 41P of ITEPA 2003 (claim for relief for qualifying new residents: qualifying foreign employment income), after subsection (4) insert—
In section 25 of ITA 2007 (reliefs and allowances deductible at Steps 2 and 3: supplementary), in subsection (3), at the appropriate places insert—;.
In Schedule D1 to TCGA 1992, in paragraph 2(2) (relief for qualifying foreign gains)—
for “chargeable” substitute “qualifying foreign”, and
after “individual” insert “in that tax year”.
The amendments made by this paragraph have effect for the tax year 2025-26 and subsequent tax years.
In the table in section 845H of ITTOIA 2005—
in item 23—
for “paragraph 46” substitute “paragraph 46(4) to (6)”,
after “arising” insert “to an individual who provided investment management services in connection with investment arrangements to which a QAHC is party”, and
for “a QAHC (within the meaning of that Schedule)” substitute “the QAHC as a result of an interest the individual acquired during the course of the provision of those services”, and
after the row containing item 23 insert—
In Schedule D1 to TCGA 1992, in paragraph 6—
in the definition of “qualifying QAHC gain”—
after “accruing” insert “to an individual who provided investment management services in connection with investment arrangements to which a QAHC is party”, and
for the words from “a QAHC” to the end substitute “the QAHC that were acquired during the course of the provision of those services”, and
at the end insert—
In paragraph 46 of Schedule 2 to FA 2022 (qualifying asset holding companies), in sub-paragraph (6A) for “item 22” substitute “item 23”.
This paragraph has effect in relation to income arising and gains accruing on or after the day on which this Act is passed.
In section 845B of ITTOIA 2005 (meaning of “qualifying new resident”), in subsection (1)—
omit the “and” after paragraph (b), and
after paragraph (c) insert
In section 62 of TCGA 1992 (death: general provisions), in subsection (3) (residence of personal representatives), omit “or a long-term UK resident within the meaning of IHTA 1984”.
The amendment made by this paragraph is to be treated as having come into force on 6 April 2025 and has effect where the deceased person died on or after that date.
In paragraph 2 of Schedule 9 to FA 2025 (amendments of TCGA 1992 connected with end of remittance basis), in sub-paragraph (7)(b), after ““applies”” insert “, in the second place it occurs,”.
Paragraph 2 of Schedule 9 to FA 2025 has effect, and is to be treated as always having had effect, with the amendment made by this paragraph (and the amendment made by that paragraph has effect accordingly).
In section 8C of TMA 1970 (returns so far as relating to capital gains tax)—
in subsection (1), in paragraph (a), the words from “does not” to the end become sub-paragraph (i) of that paragraph,
after that sub-paragraph insert,
omit subsection (1)(c) (but not the “and” following it),
in subsection (2), for “to (c)” substitute “and (b)”, and
omit subsection (4).
In section 1K of TCGA 1992 (annual exempt amount), omit subsection (6)(a).
The amendments made by this paragraph have effect for the tax year 2025-26 and subsequent tax years.
In section 989 of ITA 2007, at the appropriate place insert—.
In Schedule 4 to ITA 2007, at the appropriate places insert—;;;.
In Part 2 of Schedule 4 to ITTOIA 2005, at the appropriate places insert—;;;.
In Part 2 of Schedule 1 to ITEPA 2003, at the appropriate places insert—;.
Temporary repatriation facility
Schedule 10 to FA 2025 (temporary repatriation facility) is amended as follows.
In paragraph 7—
after sub-paragraph (1) insert—, and
in sub-paragraph (2), after “amount”, in the first place it occurs, insert “of income”.
In paragraph 8 (designation of qualifying overseas capital), after sub-paragraph (2) insert—
In paragraph 8, after sub-paragraph (4) insert—
In paragraph 8, after sub-paragraph (6) insert—
In paragraph 10—
in sub-paragraph (1) (income tax exemptions and relief)—
the words from “the” to the end become paragraph (a),
in that paragraph, after “capital” insert “that is designated on the basis that it is qualifying overseas capital as a result of a remittance provision”, and
after that paragraph insert, and
in sub-paragraph (2), after “paragraph 6” insert “, and that falls within sub-paragraph (1)(a) or (c) of that paragraph,”.
In paragraph 12(1) (capital gains tax: main exemption), after “capital” insert “that is designated on the basis that it is qualifying overseas capital as a result of a remittance provision (other than paragraph 6(1)(b))”.
In paragraph 8—
in sub-paragraph (2)—
omit the “and” after paragraph (a), and
after that paragraph insert—
in paragraph (b), after “designated” insert “on that basis”,
after sub-paragraph (2A) (as inserted by paragraph 10) insert—, and
after sub-paragraph (5) insert—
After paragraph 13 insert—
After paragraph 13A (as inserted by paragraph 14 of this Schedule) insert—
In paragraph 9 (payment of the TRF charge through the income tax system), after sub-paragraph (7) insert—
In section 809Q of ITA 2007, in subsection (9)—
omit paragraph (a), and
in paragraph (b)—
for “that Part of that Schedule” substitute “Part 1 of Schedule 10 to FA 2025”, and
after “8(7)” insert “of that Schedule”.
Schedule 10 to FA 2025 has effect, and is to be deemed always to have had effect, with the amendments made by paragraphs 9 to 16 of this Schedule.
Subsection (9) of section 809Q of ITA 2007 has effect, and is to be deemed always to have had effect, with the amendments made by paragraph 17 of this Schedule.
Temporary non-residence
Section 401C of ITTOIA 2005 is amended as follows.
After subsection (6) insert—
After subsection (6C) (as inserted by sub-paragraph (2)) insert—
Omit subsections (7) to (9).
In subsection (12) omit the definition of “trade profits of the close company”.
Section 408A of ITTOIA 2005 is amended as follows.
In subsection (4), omit paragraphs (a) to (c).
After that subsection insert—
After subsection (4C) (as inserted by sub-paragraph (3)) insert—
Omit subsections (5) to (8).
For subsection (10) substitute—
Section 413A of ITTOIA 2005 is amended as follows.
After subsection (6) insert—
After subsection (6C) (as inserted by sub-paragraph (2)) insert—
Omit subsections (7) to (9).
In subsection (11) omit the definition of “trade profits of the close company”.
Section 812A of ITA 2007 is amended as follows.
After subsection (4) insert—
After subsection (4C) (as inserted by sub-paragraph (2)) insert—
Omit subsections (5) and (6).
In subsection (8), omit paragraph (a).
In subsection (11) omit the definition of “trade profits of the distributing company”.
The amendments made by paragraphs 19(2), 20(2), (3) and (6), 21(2) and 22(2) have effect for the tax year 2026-27 and subsequent tax years in relation to payments made by companies, whenever made.
The amendments made by paragraphs 19(3) to (5), 20(4) to (5), 21(3) to (5) and 22(3) to (6) have effect for the tax year 2026-27 and subsequent tax years in relation to—
dividends, or other distributions, whenever made,
relevant stock dividend income, whenever it is treated as having arose, and
relevant investment income, whenever it arose.
PAYE for treaty non-residents etc
Treaty non-residents
ITEPA 2003 is amended as follows.
Section 690D (employer notification for qualifying new residents) is amended as follows.
At the end of the heading insert “or treaty non-residents”.
In subsection (1)—
in paragraph (a), for “qualifying”, in the second place it occurs, substitute “notifiable”;
in paragraph (b), for “qualifying” substitute “notifiable”.
After subsection (1) insert—
In subsection (2)—
in the opening words—
for “The” substitute “If this section applies in relation to the employee by virtue of subsection (1), the”;
for “qualifying” substitute “notifiable”;
at the end of paragraph (b) insert “(but see subsections (5A) and (5B))”.
After subsection (2) insert—
In subsection (3), after paragraph (b) insert—
In subsection (4), after “qualifying payment” insert “or treaty affected payment (as applicable)”.
After subsection (5) insert—
In subsection (5)(a)—
after “qualifying new residents” insert “or treaty non-residents”;
for “qualifying year” substitute “notifiable year”.
In subsection (6)—
in paragraph (a), for “qualifying” substitute “notifiable”;
for paragraph (b) substitute—;
in paragraph (c)(i), for “qualifying” substitute “notifiable”.
In subsection (9)—
omit the “and” at the end of paragraph (a);
at the end of paragraph (b) insert—
In section 690B (direction by HMRC in relation to internationally mobile employees), in subsection (6), in paragraph (b)(i)—
after “new resident”, in the first place it occurs, insert “or treaty non-resident”;
after “mobile tax year” insert “or treaty non-resident at any time in the mobile tax year”.
Section 690E (direction by HMRC in relation to qualifying new residents) is amended as follows.
At the end of the heading insert “or treaty non-residents”.
In subsections (1)(a), (3)(a) and (6)(a), for “qualifying” substitute “notifiable”.
In subsections (2)(a) and (4)(b), after “qualifying payment” insert “or treaty affected payment (as applicable)”.
Other amendments of ITEPA 2003
ITEPA 2003 is amended as follows.
Section 690 (internationally mobile employees) is amended as follows.
In subsection (3), after “entire” insert “uncertain”.
In subsection (4), in the opening words—
after “a payment” insert “or part of a payment”;
for “to the extent that” substitute “in respect of which”.
In subsection (4)(a), after “the income” insert “relating to that payment or part”.
Section 690A (employer notification for internationally mobile employees) is amended as follows.
In subsection (2)(a) for “a proportion of any uncertain payment” substitute “the non-PAYE proportion of any mobile payment”.
After subsection (2) insert—
In subsection (3), for “uncertain” substitute “mobile”.
For subsection (4) substitute—
In subsection (6)—
after paragraph (a) insert—;
in paragraph (b) after “this section” insert “in relation to the employee and the mobile tax year”;
for paragraph (c) substitute—
In section 690D (employer notification for qualifying new residents)—
in subsection (3)(b)—
for the words from “the proportion” to the end substitute;
at the end of that sub-paragraph insert;
in subsection (6), after paragraph (a) insert—.
The amendment made by sub-paragraph (1)(a)(ii) does not apply to a notification relating to an employee and tax year 2026-27 or 2027-28 if section 41R of ITEPA 2003 (limit on relief) would not apply to a foreign employment relief claim made by the employee for that year, if that year was the qualifying year (see paragraph 7 of Schedule 8 to FA 2025 (limit on relief not to apply to certain foreign employment relief claims)).
In section 690B (direction by HMRC in relation to internationally mobile employees)—
in subsection (1), omit paragraph (b) and the “and” before it;
in subsection (2), in paragraph (a), for the words from “a proportion” to the end substitute “the non-PAYE proportion, or”;
in subsection (2), in paragraph (b) for “such” substitute “uncertain”;
in subsection (4), in paragraph (b) after “uncertain payment” insert “or mobile payment (as applicable)”;
after subsection (4) insert—.
In section 690E (direction by HMRC in relation to qualifying new residents), in subsection (1), omit paragraph (b) and the “and” before it.
In section 690C (employees who were internationally mobile etc. before 2025-26), in subsection (2)(b) for “spilt” substitute “split”.
Unassessed transfer pricing profits
In TIOPA 2010, after Part 4 insert—
Before Schedule 1 to TIOPA 2010 insert—
Part 3 of FA 2015 (diverted profits tax) is repealed.
In Schedule 11 to TIOPA 2010 (index of defined expressions used in Parts 2 to 8), after Part 2 insert—
In section 49E of TMA 1970 (nature of review etc), after subsection (5A) insert—
In section A1 of CTA 2009, in subsection (2), after paragraph (g) insert—.
In section 206(3) of FA 2013 (taxes to which the general anti-abuse rule applies) omit paragraph (da).
In paragraph 7 of Schedule 6 to FA 2010 (enactments to which definition of “charity” in Part 1 of that Schedule applies)—
after paragraph (h) insert “and”, and
omit paragraph (j) (and the “and” before it).
In Schedule 23 to FA 2011 (data-gathering powers), in paragraph 45(1) (taxes to which powers apply), omit paragraph (ca).
In section 1139 of CTA 2010 (definition of “tax advantage” for the purposes of provisions of the Corporation Tax Acts which apply this section), in subsection (2)—
after paragraph (da) insert “or”, and
omit paragraph (f) (and the “or” before it).
In Schedule 56 to FA 2009 (penalty for failure to make payments on time)—
in the Table at the end of paragraph 1, omit the entry relating to diverted profits tax;
in paragraph 3 (amount of penalty: occasional amounts and amounts in respect of periods of 6 months or more), omit sub-paragraph (1)(aa).
In Schedule 36 to FA 2008 (information and inspection powers), in paragraph 63(1) (taxes to which powers apply), omit paragraph (ca).
In Schedule 41 to FA 2008 (penalties: failure to notify etc)—
in the Table in paragraph 1, omit the entry relating to diverted profits tax;
in paragraph 7 (meaning of “potential lost revenue”), omit sub-paragraph (4A).
In section 178 of FA 1989 (setting rates of interest), in subsection (2), omit paragraph (v).
In section 1 of the Provisional Collection of Taxes Act 1968 (temporary statutory effect of House of Commons resolutions affecting income tax, purchase tax or customs or excise duties), in subsection (1) omit “diverted profits tax,”.
Transfer pricing
Amendments of Part 4 of TIOPA 2010
Part 4 of TIOPA 2010 (transfer pricing) is amended as follows.
After section 148 insert—
In section 157 (direct participation), in subsection (1)(a), after “Part” insert “(other than for the purposes of section 148A(1)(c))”.
In section 164(1)(a) (Part to be interpreted in accordance with OECD principles), after “148” insert “, 148A”.
In section 170 (appeals against transfer pricing notices)—
in subsection (1), before paragraph (a) insert—,
after subsection (1) insert—, and
in subsection (2), for “Any such appeal” substitute “An appeal under this section”.
In section 151 (“arm’s length provision”), after subsection (2) insert—
Omit section 152.
Omit section 153.
Before section 154 insert—
After section 153A (as inserted by sub-paragraph (3)) insert—
in the heading, for “152 and 153” substitute “153A and 153B”,
omit subsections (1) to (3),
in subsection (4)(b), for “issuing company”, in both places it occurs, substitute “borrower”,
after subsection (4) insert—,
for subsection (5) substitute—
after subsection (5) insert—, and
omit subsections (6) and (7).
In section 164(1)(a) (Part to be interpreted in accordance with OECD principles), after “148A” (as inserted by paragraph 2(3)) insert “, 154(5B)”.
In section 174 (claim by the affected person who is not potentially advantaged), in subsection (3), for “claim not allowed in some cases where actual provision relates to a security issued by one of the affected persons” substitute “application of section 174 where guarantee disallowed”.
For section 175 substitute—
In consequence of the amendment made by sub-paragraph (8)—
in section 158, in subsection (2), for “148(2)(a) and (3)(a) and 175(2)(a)” substitute “148(2) and (3) and 175”,
in section 159, in subsection (1)(a), for “175(2)” substitute “175”, and
in section 160, in subsection (1)(a), for “175(2)” substitute “175”.
In the italic heading before section 191, for the words from “liabilities” to the end substitute “borrowing liabilities”.
In subsection (1)—
in paragraph (a)—
for “issuing company” substitute “borrower”, and
for the words from “is” to the end substitute “has borrowing liabilities”,
in paragraph (c)—
for “issuing company” substitute “borrower”, and
for “under the security” substitute “in respect of the borrowing”, and
for paragraph (d) substitute—
Omit subsections (2) to (4).
In subsection (5)—
in the definition of “the issuing company”, for “issuing company” substitute “borrower”,
omit the definition of “the security”, and
at the appropriate places insert—.
Section 192 is amended as follows.
In the heading, for “issuing company” substitute “borrower”.
In subsection (1)—
in the words before paragraph (a)—
for “section 191(1)(c)” substitute “subsection (1)(c) of section 191 (so far as it meets the condition in subsection (1)(d) of that section)”, and
for “issuing company” substitute “borrower”,
omit paragraph (a),
for paragraph (b) substitute—, and
in paragraph (c), for “issuing company” substitute “borrower”.
In subsection (3) for “issuing company's liabilities under the security” substitute “borrower’s liabilities under the borrowing transaction”.
Omit subsection (6).
In section 192A (provision for cases within Part 6A), in subsection (1)—
in paragraph (a), for “issuing company under the security” substitute “borrower in respect of the borrowing transaction”, and
in paragraph (d), for “issuing company” substitute “borrower”.
in subsection (1)—
in paragraph (a), for “issuing company” substitute “borrower”,
for paragraph (b) substitute—, and
in the words after paragraph (b), for “security” substitute “borrowing transaction”,
in subsection (2) in paragraph (b), for “lending company” substitute “lender”,
in subsection (3) for “lending company’s” substitute “lender’s”, and
in subsection (4)—
in paragraph (a), for “lending company” substitute “lender”, and
in paragraph (b), for “lending company’s” substitute “lender’s”.
In subsection (1), in paragraph (c), for “issuing company” substitute “borrower”.
In subsection (2) for “issuing company” substitute “borrower”.
In subsection (3), in paragraph (a), for “issuing company” substitute “borrower”.
In the italic heading before section 181, for “a security” substitute “borrowing”.
in the heading, for “a security” substitute “borrowing”,
in subsection (1)—
omit paragraph (a), and
in paragraph (b), for “a security issued by one of those companies” substitute “borrowing”, and
for subsection (4) and (5) substitute—
in subsection (2)—
omit “(“the issuing company”) is a company that”, and
for “liabilities under a security issued by it” substitute “borrowing liabilities”,
in subsection (4)—
for “issuing company” substitute “borrower”, and
for “under the security” substitute “in respect of the borrowing”,
in subsection (5), for “153” substitute “section 153A”,
in subsection (6) for “issuing company” substitute “borrower”,
in subsection (7)(a), for “153” substitute “section 153A”, and
for subsections (8) to (10) substitute—
In section 198 (balancing payments by guarantor to issuer: no charge to, or relief from, tax)—
in the heading, for “issuer” substitute “borrower”,
in subsection (1)—
for “guarantor companies” substitute “guarantors”, and
after “197(4)” insert “that are result of the application of section 153A,
in subsection (2)(a)—
for “the purposes of corporation tax” substitute “tax purposes”, and
for “issuing company” substitute “borrower”,
in subsection (2)(b) omit “Corporation”,
in subsection (3) omit the definition of “the issuing company”.
in subsection (5), for “a security (the “relevant security”)” substitute “borrowing (“the relevant borrowing”)”, and
omit subsections (7) and (8).
In section 200 (election to pay tax rather than make balancing payments)—
in subsection (1)—
for “section 152”, in both places it occurs, substitute “section 153A”, and
for “security”, in both places it occurs, substitute “borrowing”, and
in subsection (3), for “security” substitute “borrowing”.
in subsection (5)(a)—
for “the issuing of a security (“the relevant security”)” substitute “borrowing (“the relevant borrowing”)”,
omit “(“the issuing company”)”,
omit subsections (7) to (9).
In section 202 (election, in guarantee case, to pay tax rather than make balancing payments)—
in subsection (1)—
for “section 153”, in both places it occurs, substitute “section 153A”, and
for “security”, in both places it occurs, substitute “borrowing”, and
in subsection (3), for “security” substitute “borrowing”.
in subsection (2) for “security is issued” substitute “borrowing first occurs”,
in subsection (4), for “security is issued” substitute “borrowing first occurs”,
in subsection (8) for “security” substitute “borrowing”, and
in subsection (9)—
for “security was issued” substitute “borrowing first occurred”,
for “been issued” substitute “first borrowed”.
The amendments made by paragraphs 4 to 11 have effect—
in relation to chargeable periods ending on or after 1 January 2026 but that commence before the end of the period of two years beginning with that date, in relation to borrowing occurring on, or after, 1 January 2026, and
for all purposes—
in relation to chargeable periods commencing on or after the end of that period, or
where a person has elected that the amendments should apply in relation to it in relation to any earlier chargeable period of the person ending on or after 1 January 2026, in relation to that period.
For section 161 substitute—
Omit section 162.
in the heading, for “162” substitute “161”, and
omit subsection (3).
In section 163 (meaning of “connected”)—
In section 219 (in Part 5), in subsection (4), for “, 161(1) and 162(1)” substitute “and 161(1)”.
Before section 163 insert—
In section 157 (direct participation), after subsection (2) insert—
After section 162A (as inserted by paragraph 14) insert—
Before section 165 (at the beginning of Chapter 3) insert—
In section 170 (appeals against transfer pricing notices) in subsection (1), after paragraph (za) (as inserted by paragraph 2(4)(a) of this Schedule) insert—
In consequence of the amendment made by sub-paragraph (1), in section 371SD (CFC corporation tax assumptions as to residence), after subsection (5) insert—
In section 156 (“losses”), in subsection (1), in the words before paragraph (a) after “with” insert “the Tax Acts including (for example)”.
In Section 164 (part to be interpreted in accordance with OECD principles)—
in subsection (1), for paragraph (b) substitute—
for subsections (3) and (4) substitute—
In section 174 (claim by the affected person who is not potentially advantaged)—
in the heading, at the end insert “etc”,
after subsection (1) insert—
Part 4 of TIOPA 2010 has effect, and is to be deemed always to have had effect, with the amendment made by this paragraph.
The amendment made by this paragraph has effect in relation to any transfer-pricing determination made on or after the day on which this Act comes into force.
Other amendments
Section 445 of CTA 2009 (disapplication of independent terms assumption) is amended as follows.
For subsection (1) substitute—
Omit subsections (3) and (3A).
In section 446 of CTA 2009 (bringing into account adjustments made under Part 4 of TIOPA 2010: loan relationships), for subsection (8) substitute—
In section 693 of CTA 2009 (bringing into account adjustments made under Part 4 of TIOPA 2010: derivative contracts), for subsection (6) substitute—
In section 320 of CTA 2009 (loan relationships: credits and debits treated as relating to capital expenditure), after subsection (3) insert—
In section 604 of that Act (derivative contracts: credits and debits treated as relating to capital expenditure), after subsection (3) insert—
Section 739 (meaning of “proceeds of realisation”) of CTA 2009 is amended as follows.
After subsection (1A) insert—
After subsection (2) insert—
Section 845 of CTA 2009 (transfer between company and related party treated as at market value) is amended as follows.
In subsection (4) omit paragraph (a).
After that subsection insert—
After subsection (5) insert—
For section 846 of CTA 2009 substitute—
Section 849AB of CTA 2009 (grant of licence or other right treated as at market value) is amended as follows.
After subsection (1) insert—
In subsection (6) omit paragraph (a).
In subsection (12), at the appropriate place insert—.
Omit section 849AC of CTA 2009.
Section 857 of CTA 2009 (deemed market value acquisition: adjustment where nil accounting value) is amended as follows.
In the heading—
after “value”, in the first place it occurs, insert “or arm’s length”, and
after “nil” insert “or negligible”.
In subsection (1)—
in paragraph (a), after “value” insert “or by reference to the arm’s length provision”, and
in paragraph (b), after “nil” insert “, or a negligible value,”.
In subsection (2), in the words after paragraph (c), after “value”, in the second place it occurs, insert “or (as the case may be) by reference to the arm’s length provision”.
The amendments made by this Chapter have effect in relation to transfers and grants made on or after 1 January 2026.
But they do not have effect in relation to a transfer or grant made on or after that date if the transfer or grant is made pursuant to an obligation, under a contract, that was unconditional before that date.
An obligation is “unconditional” if it may not be varied or extinguished by the exercise of a right (whether under the contract or otherwise).
In section 147(6) of TIOPA 2010—
after paragraph (b) insert—, and
omit paragraphs (e) and (f) (exclusion of exchange gains and losses from loan relationships and derivative contracts).
After section 173 of that Act insert—
Sections 447, 449 to 451 and 694 of CTA 2009 are repealed (treatment of exchange gains and losses subject to Part 4 of TIOPA 2010).
In section 445 of CTA 2009 (disapplication of section 444 where Part 4 of TIOPA 2010 applies), in subsection (2), omit paragraph (b) (and the “and” before it).
In section 452 of that Act (exchange gains and losses where loan not on arm's length terms)—
in subsection (1) for subsection (a) substitute—,
in subsection (2), for “claim” substitute “election, claim or election and claim”,
in subsection (3)—
in the words before paragraph (a), for the words from “a claim” to the end substitute “one or more elections or claims made under section 153B(2) or 192(1) of TIOPA 2010 or assumed to have been made as a result of subsection (2)—”, and
in paragraph (a), after “relationship” insert “, or is treated as borrowing more under an existing debtor relationship”,
in subsection (4)—
omit “under section 447”,
for “issuing company” substitute “borrower”, and
after “relationship”, in the second place it occurs, insert “as a result of Part 4 of TIOPA 2010”,
in subsection (5)—
omit “under section 447”,
for “issuing company” substitute “borrower”, and
after “relationship”, in the second place it occurs, insert “as a result of Part 4 of TIOPA 2010”, and
in subsection (5A) for “issuing company” substitute “borrower”.
In consequence of the amendments made by this paragraph—
in section 440(2) of CTA 2009, in paragraph (c), for “447 to” substitute “448 and”,
in section 444(6) of that Act, for “447 to” substitute “448 and”,
in section 164(2) of TIOPA 2010—
after “trades),” insert “and”, and
omit from “section 447(5)” to the end, and
in section 174(4) of that Act—
after “relief),” insert “and”, and
omit from “section 447(5)” to the end.
In section 9A of CTA 2010, after subsection (2) insert—
Commencement
The amendments made by this Schedule have effect in relation to chargeable periods commencing on or after 1 January 2026.
But sub-paragraph (1) does not apply to the amendments made by—
paragraphs 4 to 11,
paragraphs 19 and 20, and
paragraphs 24 to 27.
And for the purposes of sub-paragraph (1) as it applies in relation to paragraphs 29 and 30, an accounting period beginning before and ending on or after 1 January 2026 is to be treated as if so much of the period as falls before that date, and so much of the period as falls on or after that date, were separate accounting periods (and see further sections 307 and 595 of CTA 2009).
Permanent establishments
Amendments to CTA 2009
CTA 2009 (charge to corporation tax: basic provisions) is amended as follows.
In section 18S (other interpretation), in the definition of “the OECD model”—
for “published by the Organisation for Economic Co-operation and Development in July 2010 (“the OECD”)” substitute “approved by the OECD Council on 18 November 2025”, and
for “or” to the end substitute “as it may be amended or replaced from time to time”.
In section 19 (chargeable profits)—
in subsection (2)(b), for “32” substitute “24”;
in subsection (5), for “32” substitute “24”.
In section 20 (profits attributable to permanent establishment: introduction), for subsections (1) and (2) substitute—
Section 21 (the separate enterprise principle) is amended as follows.
In subsection (1)—
for “would have made” substitute “might be expected to make”, and
for the words from “distinct” to the end substitute “separate and independent enterprise engaged in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the non-UK resident company through the permanent establishment and through the other parts of the non-UK resident company”.
Omit subsection (3).
Omit—
section 22 (transactions treated as being at arm’s length);
section 23 (provision of goods or services for permanent establishment).
In section 24 (application to insurance companies)—
in subsection (2), in the words after paragraph (b), for the words from “distinct” to the end substitute “separate and independent enterprise acting as mentioned in that subsection”;
omit subsections (4), (5) and (6).
Omit—
section 25 (non-UK resident banks: introduction);
section 26 (transfer of financial assets);
section 27 (loans: attribution of financial assets and profits arising);
section 28 (borrowing: permanent establishment acting as agent or intermediary);
section 29 (allowable deductions);
section 30 (restriction on deductions: costs);
section 31 (restriction on deductions: payments in respect of intangible assets);
section 32 (restriction on deductions: interest or other financing costs).
In section 3 (exclusion of charge to income tax), in subsection (1)(b) for “for an exemption.” substitute “is not as a result of—
In consequence of the amendment made by sub-paragraph (1), in ITA 2007—
in section 816 (meaning of disregarded company income)—
in subsection (1), omit paragraphs (c) and (d), and
omit subsection (2) to (4), and
in section 817 (the independent broker conditions)—
in subsection (1), for the words from “Kingdom” to the end substitute “Kingdom if conditions A to D are met.”, and
omit subsection (6).
Amendments to CTA 2010
CTA 2010 is amended as follows.
Before section 1141 (but after the heading “General”) insert—
In section 1141 (permanent establishment of companies), in subsection (1), for paragraph (b) substitute—
Section 1142 (agent of independent status) is amended as follows.
After subsection (1) insert—
In subsection (2)—
for “apply for the purpose of supplementing subsection (1)” substitute “modify the application of this section”;
at the end of paragraph (a) insert “or”;
omit paragraph (c) (and the “or” at the end of paragraph (b)).
In section 1143 (preparatory or auxiliary activities), for subsection (2D) substitute—
In section 1146 (the independent investment manager conditions), in subsection (2)—
after “transaction,” insert “the circumstances in which”, and
for “if”, in the first place it occurs, to the end substitute “include where each of the following conditions (the independent investment manager conditions) are met.”
In section 1146, omit subsection (6).
In consequence of the amendment made by sub-paragraph (1)—
omit section 1147 (investment managers: the 20% rule),
omit section 1148 (interpretation of section 1147), and
omit section 1149 (application of 20% rule to collective investment schemes).
For section 1150 (meaning of investment manager and investment transaction) substitute—
In section 1171 (orders and regulations), in subsection (2)(g) omit sub-paragraph (ii).
In Schedule 4 (index of defined expressions)—
in the entry for “investment manager (in Chapter 5 of Part 8B)” for “1150(1)” substitute “1150”,
in the entry for “investment manager (in Chapter 2 of Part 24)” for “1150(1)” substitute “1150”, and
in the entry for “investment transaction (in Chapter 5 of Part 8B)” for “1150(1)” substitute “1150”.
Omit section 1152 (investment managers: disregard of certain chargeable profits).
In consequence of the amendment made by sub-paragraph (1), in section 20 of CTA 2009 (profits attributable to permanent establishment: introduction), omit subsection (3).
In section 1142 (agent of independent status), in subsection (2)—
in the words before paragraph (a) for “1151” substitute “1150”,
in paragraph (a), at the end insert “or”, and
omit paragraph (c) (and the “or” at the end of paragraph (b)).
Omit section 1151 (Lloyd’s agents).
In section 357LD (the independent investment manager conditions)—
in subsection (2)—
after “transaction,” insert “the circumstances in which”, and
for “if (and only if)” substitute “include where”, and
omit subsection (6).
Omit sections 357LE to 357LG (20% rule).
In section 357LH (meaning of investment manager and investment transaction), for “1150(1)” substitute “1150”.
Omit section 357LJ (disregard of certain chargeable profits).
Amendments to ITA 2007
ITA 2007 is amended as follows.
In section 818 (the independent investment manager conditions) omit subsection (5).
In section 835M (the independent investment manager conditions) omit subsection (5).
Omit sections 819 and 835N (investment managers: the 20% rule).
In consequence of the amendments made by sub-paragraph (3)—
omit sections 820 to 824,
omit sections 835O to 835Q, and
in Schedule 4 (index of defined expressions), in the table omit both entries relating to relevant disregarded income.
In section 827 (meaning of investment manager and investment transaction)—
in subsection (1), after “services” insert “(which may include or comprise the provision of investment advice)”, and
for subsections (2) and (3) substitute—
In section 835S (interpretation of Chapter 2B of Part 14)—
in subsection (3), for “has the same meaning” substitute “and “investment transaction” have the same meanings”, and
omit subsection (4).
In section 814 (meaning of “disregarded transaction income”) omit subsection (6).
In section 835E (branch or agency treated as UK representative), in subsection (5) for “835K” substitute “835J”.
Omit section 835K (Lloyd’s agents).
Amendments to TCGA 1992
TCGA 1992 is amended as follows.
In section 2B (territorial scope of charge to corporation tax on chargeable gains), in subsection (3)—
in paragraph (a) omit “that have a relevant connection to the company’s UK permanent establishment (see section 2C)”;
in paragraph (b), for “that permanent establishment” substitute “a UK permanent establishment (see section 2C)”;
in paragraph (c), for “to 32” substitute “and 24”.
In section 2C (non-UK resident company with UK permanent establishment) omit subsection (2).
Consequential amendments
In FA 2011, in Schedule 19 (the bank levy), in paragraph 26—
in sub-paragraph (2)—
for “would have” substitute “might be expected to have”, and
for the words from “distinct” to the end substitute “separate and independent enterprise engaged in the same or similar activities under the same or similar conditions, taking into account the functions performed, assets used and risks assumed by the relevant foreign bank through the permanent establishment and through the other parts of the relevant foreign bank.”;
in sub-paragraph (3), for “to 28” substitute “and 24”.
Commencement
The amendments made by this Schedule have effect in relation to chargeable periods beginning on or after 1 January 2026.
Pillar Two
F(No.2)A 2023 (multinational top-up tax) is amended in accordance with paragraphs 2 to 31 and 33 to 51 of this Schedule.
In section 128 (responsible members), in each of subsections (4) and (6)—
omit the “and” at the end of paragraph (a);
at the end insert
Section 237 (intermediate and partially-owned parent members) is amended as follows.
For subsection (1)(b) substitute—.
For subsection (2)(b) substitute—
In section 128 (responsible members), after subsection (7) insert—
In Schedule 16A (qualifying domestic top-up tax safe harbour election), in paragraph 1, at the end insert—
In section 135 (underlying profits of permanent establishments), in subsection (1)—
in paragraph (a), after “financial accounts” insert “prepared in accordance with acceptable accounting standards”;
In section 159 (permanent establishment income and expense attribution), at the end insert—
Section 232 (permanent establishments) is amended as follows.
In the heading, omit “treated as entities”.
In subsection (1)—
in the words before paragraph (a), omit “that”;
in paragraph (a), for “is located” substitute “that is situated”;
omit the “and” at the end of paragraph (a) and after that paragraph insert—;
in paragraph (b), at the beginning insert “that”;
In subsection (2)—
in paragraphs (b) and (c), for “is in” substitute “is situated in”;
in paragraph (d), for paragraph (ii) substitute—
After subsection (2) insert—
At the end insert—
After section 232 insert—
After section 150 insert—
In section 168 (underlying profits of transparent entities), after subsection (10) insert—
Section 170 (adjustments for ultimate parent that is a flow-through entity) is amended as follows.
In subsection (1), in the words after paragraph (b), for “its profits” substitute “those profits”.
In subsection (2)—
in the words before paragraph (a), for “profits” substitute “those profits”;
in paragraph (a), for “the ultimate parent’s profits” substitute “those profits”.
For subsection (2A) substitute—
In subsection (3), in the words before paragraph (a), for “of the group” substitute “mentioned in subsection (1)(b)”.
After subsection (5) insert—
Section 174 (amount of covered tax balance) is amended as follows.
In subsection (5), in the definition of “qualifying current tax expense”, for “underlying profits” substitute “partially adjusted profits”.
At the end insert—
In section 176 (amounts to be reflected in qualifying current tax expense), in subsection (2)(i), at the end insert “in accordance with this Part”.
Section 182 (total deferred tax adjustment amount) is amended as follows.
In subsection (1), from the words from “underlying profits” to the end substitute “partially adjusted profits, but with that deferred tax expense adjusted as follows”.
After subsection (2) insert—
In subsection (8), at the appropriate place insert—
In section 175 (amounts excluded from qualifying current tax expense), at the end insert—
In section 176G (clawback of earlier qualifying flow-through tax benefits), for subsection (4) substitute—
In section 181B (cross-border allocation of deferred tax assets and liabilities), in subsection (5), at the end insert “(and accordingly no allocation of deferred tax assets or liabilities is to be made under this Chapter in cases to which the deferred taxes methodology applies).”
Section 185 (inclusion of existing deferred tax assets and liabilities on entry into regime) is amended as follows.
In subsection (1), for “that is reflected” substitute “that are reflected”.
In subsection (6)—
in the words before paragraph (a) omit “qualifying”;
for paragraph (a) substitute—
After subsection (7) insert—
In subsection (8), omit “qualifying”.
Schedule 16 (transitional provision) is amended as follows.
In paragraph 2 (intra-group transfers before entry into regime), in sub-paragraph (3)—
omit the “and” after paragraph (a);
at the end insert
In paragraph 5 (general transitional safe harbour election: qualifying income tax expense)—
in sub-paragraph (1)—
omit the “and” after paragraph (a);
at the end insert
At the end insert—
Schedule 16A (safe harbours) is amended as follows.
In paragraph 3 (disqualifying conditions)—
in sub-paragraph (1), for “Conditions A to D” substitute “The following conditions”;
at the end insert—
In paragraph 4(1)—
omit paragraph (a);
in paragraph (b)—
for “after sub-paragraph (6), there were inserted” substitute “at the end there were inserted the following disqualifying condition”;
the inserted sub-paragraph (7) becomes an inserted unnumbered sub-paragraph.
In paragraph 5(1)(b)—
omit sub-paragraph (i);
in sub-paragraph (ii)—
for “after sub-paragraph (6), there were inserted” substitute “at the end there were inserted the following disqualifying condition”;
the inserted sub-paragraph (7) becomes an inserted unnumbered sub-paragraph.
Section 217 (post-filing adjustments of covered taxes) is amended as follows.
In subsections (2)(a) and (b) and (3), for “that liability” substitute “the relevant aggregate liability”.
In subsection (4), for “that increase or decrease” substitute “the increase or decrease referred to in subsection (1),”.
In subsection (5)(a), (b) and (c), after “the decrease” insert “referred to in subsection (3)”.
In subsection (8)(a), for “the aggregate covered tax balance of the standard members of the group in the territory of the member for the prior period” substitute “the relevant aggregate liability”.
At the end insert—
In section 229C (UTPR: allocation of untaxed amounts to members), in subsection (3)—
omit the “or” after paragraph (a);
at the end insert
In Part 1 of Schedule 16A (qualifying domestic top-up tax safe harbour election), in paragraph 3, after subsection (8) (as inserted by paragraph 22 above) insert—
In section 239 (location of entities)—
in subsection (7), omit paragraph (a);
at the end insert—
In Schedule 16A, in paragraph 7, at the end insert—
In section 241 (Pillar Two territories), omit subsection (4).
In section 256 (qualifying domestic top-up tax), omit subsection (5).
Section 257 (qualifying undertaxed profits tax) is amended as follows.
After subsection (1) insert—
In subsection (2), for “A tax may only be specified in regulations if the Treasury consider” substitute “A person may only specify a tax by virtue of this section if the person considers”.
In Schedule 16A (safe harbours), in paragraph 2 (accredited qualifying domestic top-up tax), omit sub-paragraphs (2) and (3).
For the purposes of Part 3 of F(No.2)A 2023, a tax is to be treated as a qualifying undertaxed profits tax for any accounting period that ends before the first regulations under section 257 of that Act have been made if—
it is a Qualified UTPR for that accounting period for the purposes of the Pillar Two rules, or
it is reasonable to conclude that it is likely to be a Qualified UTPR for that accounting period for the purposes of the Pillar Two rules.
In sub-paragraph (1) “Pillar Two rules” has the same meaning as in Part 3 of F(No.2)A 2023 (see section 255 of that Act).
In section 242 (ownership interests and controlling interests), in subsection (2), for paragraph (b) substitute—
In section 267 (DTT excluded entities), after subsection (1) insert—
In section 270 (domestic top-up tax: amount charged), at the end insert—
Section 272 (domestic top-up tax: determining top-up amounts of entity that is a member of a group) is amended as follows.
In subsection (8)—
after paragraph (a) insert—;
at the end insert—
In section 272 (domestic top-up tax: determining top-up amounts of group member), in subsection (8), for paragraph (d) substitute—
In Schedule 16A (safe harbours), at the end insert—
In section 131 (whether de-merged groups meet the revenue threshold), in subsection (3)(b), at the end insert “, or would do ignoring any transitional safe harbour election”.
In section 132 (effective tax rate), in subsection (1), in Step 7, at the end insert “and rounded to the nearest fourth decimal place (if it would otherwise have more than four).”
In section 144 (adjustments for asymmetric foreign currency income and losses), in subsection (4)(b), for “income” substitute “gain”.
In section 197A (operating leases), in subsections (2) and (3), for “operating lease” substitute “property”.
In section 210 (transfer of assets or liabilities from a member of a multinational group), in subsection (2), for “transferee” (in each place it occurs) substitute “transferor”.
In section 247 (timing of transfers of interests), in subsection (1), in the words after paragraph (b), for “earlier time when the transfer is effective” substitute “other time”.
Section 267 (DTT excluded entities) is amended as follows.
In subsection (3C)—
in the words before paragraph (a), for “An investment entity that” substitute “Where an investment entity”;
in paragraph (a), at the beginning insert “that entity”;
in paragraph (b), for “272(8)(e)” substitute “272(3A)”.
In subsection (3D)(c)—
omit “(8)(e)”;
at the end insert “and the section 193A(2) contained in subsection (3A) of that section”.
In section 272 (determining top-up amounts of entity that is a member of a group)—
in subsection (8)(da), for “in section 182(2)(e),” substitute “section 182 (total deferred tax adjustment amount) has effect as if in subsection (2)(e),”;
in subsection (10)(a), for “(8)(e)” substitute “(3A)”.
in each of Steps 1 to 3, for “member” substitute “entity”;
in Step 6, at the end insert “and rounded to the nearest fourth decimal place (if it would otherwise have more than four).”
In Schedule 14 (administration of multinational top-up tax)—
in the italic heading before paragraph 50, after “Multiple” insert “tax-geared”;
in paragraph 50—
in sub-paragraph (1), for “in”, in the second place it occurs, substitute “whose amount falls to be determined by reference to the tax payable in relation to”;
in sub-paragraph (2), after “penalties” insert “, so far as determined by reference to any particular part of the tax,”;
in that sub-paragraph, after “penalty”, in the second place it occurs, insert “(so far as so determined)”.
In Schedule 15 (elections) in each of paragraphs 1(1) and 2(1), for the words before paragraph (a) substitute “For the elections to which this paragraph applies, see—”.
In Schedule 16 (multinational top-up tax: transitional provision), after paragraph 2 insert—
In FA 1989, in section 178 (setting of rates of interest), subsection (2) is amended as follows.
In paragraph (x)—
for “51” substitute “33A”;
after “Finance” insert “(No.2)”;
In paragraph (y), for “51” substitute “33A”.
The amendments made by paragraphs 4 and 5 (elective qualifying domestic top-up taxes) and paragraphs 28 to 31 (qualifying undertaxed profits tax) have effect in relation to accounting periods beginning on or after 31 December 2025.
The amendments made by paragraphs 20 to 22 (deferred tax assets and liabilities: exclusions) have effect in relation to accounting periods ending on or after 21 July 2025.
Paragraph 32 (qualifying undertaxed profits tax: periods before regulations come into force) is treated as having come into force on 2 December 2025.
The amendment made by paragraph 51 has effect in relation to accounting periods beginning on or after 31 December 2023.
The amendments made by the other provisions of this Schedule have effect in relation to—
where a retrospection election has been made in relation to a multinational group, a group, or a qualifying entity that is not a member of a group, accounting periods of that multinational group, group or entity beginning on or after 31 December 2023, or
otherwise, accounting periods beginning on or after 31 December 2025.
A retrospection election—
is to be made—
in the case of a multinational group or group, by the filing member, or
in the case of a qualifying entity that is not a member of a group, by that entity,
must be made on or before the day on which the self-assessment return or below-threshold notification for the first accounting period of the multinational group, group or entity beginning on or after 31 December 2023 is made, and
may not be revoked.
But sub-paragraph (8) applies where any member, or former member, of a multinational group or group is, or would be on either or both of the relevant assumptions—
a person chargeable to domestic top-up tax that has top-up amounts or additional top-up amounts for any accounting period beginning before 31 December 2025 as a result of the person’s membership of the multinational group or group, or
a qualifying entity that has top-up amounts or additional top-up amounts for any accounting period beginning before 31 December 2025 as a result of the entity’s membership of the multinational group or group in respect of which a person is chargeable to domestic top-up tax.
Where this sub-paragraph applies, a retrospection election may not be made without the written consent of each such person.
For the purposes of sub-paragraph (7), “the relevant assumptions” are—
that the retrospection election had been made, and
that no election under section 271 of F(No.2)A 2023 had been made.
Where—a retrospection election may not be made without the written consent of each responsible member.
the filing member of a multinational group is not a responsible member of that multinational group, or
there is more than one responsible member of that multinational group,
Sub-paragraph (12) applies where—
the filing member of a multinational group or group has made a retrospection election,
at the time the election was made it was reasonable for the filing member to consider that the consent of a person was not required,
that consent was not given,
the filing member becomes aware that the consent of that person was, or may have been, required, and
the written consent of that person is given within the period of 60 days beginning with the day on which the condition in paragraph (d) is first met.
The consent of that person is to be treated as having been given before the election was made.
References in this paragraph to a “group”, other than in the expression “multinational group”, are to a group for the purposes of Part 4 of F(No.2)A 2023 (domestic top-up tax).
Tainted charity donations
Chapter 8 of Part 13 of ITA 2007 (tainted charity donations) is amended as follows.
In section 809ZH (overview), in subsection (2), for “section 257A” substitute “sections 257A and 257B”.
In section 809ZI (relievable charity donations), in subsection (3)(b), for “section 257A” substitute “sections 257A and 257B”.
Section 809ZJ (tainted donations) is amended as follows.
In subsection (1)—
the words from “is a tainted donation” to the end become paragraph (a);
after that paragraph insert
In subsection (2)(b), at the end of sub-paragraph (i) (but before the “and” that follows it) insert “as at the later of the time when the donation is made and the time when the arrangements are entered into”.
In subsection (4), in the words before paragraph (a), for the words from “a time” to “the following times” substitute “any time after the earliest of the following times”.
In subsection (8), in the definition of “qualifying charity-owned company”, for “potentially advantaged person” (in both places it occurs) substitute “linked person”.
In subsection (10), for “advantages” substitute “assistance”.
Omit section 809ZK (circumstances in which financial advantage deemed to be obtained).
Section 809ZL (certain financial advantages to be ignored) is amended as follows.
In the heading, for “advantages” substitute “assistance”.
In subsection (1)—
for “a financial advantage” substitute “financial assistance”;
for “(2)” substitute “(2A)”.
Omit subsection (2).
Before subsection (3) insert—
In each of subsections (3), (4) and (5), for “A financial advantage” substitute “Financial assistance”.
In subsections (4)(b) and (5)(b), for “the advantage” substitute “the assistance”.
In subsection (6), at the appropriate place insert—.
Section 809ZM (removal of income tax relief in respect of tainted donations etc) is amended as follows.
In the heading, for “in respect of tainted donations etc” substitute “where donation becomes tainted in same tax year”.
For subsection (1) substitute—
Omit subsection (3).
In subsection (4), omit the definitions of “associated donation”, “qualifying charity-owned company”, “relevant housing provider” and “the relevant arrangements”.
After section 809ZM insert—
Section 809ZN (income tax charge where gift aid is withdrawn) is amended as follows.
In subsection (1)—
in paragraph (a), for “tainted donation” substitute “relievable charity donation”;
after paragraph (a) insert—.
After subsection (2) insert—
In subsection (4), for paragraph (c) substitute—.
In subsection (5)—
in paragraph (a), for “the relevant arrangements relating to” substitute “the arrangements by reference to which Conditions A and B in section 809ZJ are met in relation to”;
for paragraph (b) substitute—
In subsection (7)—
in the definition of “associated donation”, for “809ZM” substitute “809ZMB”;
omit the definition of “the relevant arrangements”.
Section 809ZO (income tax charge where payment of trust income to charity) is amended as follows.
In subsection (1)—
in paragraph (a), for “tainted donation” substitute “relievable charity donation”;
after paragraph (a) insert—
After subsection (2) insert—
In subsection (4), for paragraph (d) substitute—.
In subsection (5)—
in paragraph (a), for “the relevant arrangements relating to” substitute “the arrangements by reference to which Conditions A and B in section 809ZJ are met in relation to”;
for paragraph (b) substitute—
In subsection (7)—
in the definition of “associated donation”, for “809ZM” substitute “809ZMB”;
omit the definition of “the relevant arrangements”.
Part 21C of CTA 2010 (tainted charity donations) is amended as follows.
In section 939A (overview), in subsection (2), for “section 257A” substitute “sections 257A and 257B”.
In section 939B (relievable charity donations), in subsection (3)(b), for “section 257A” substitute “sections 257A and 257B”.
Section 939C (tainted donations) is amended as follows.
In subsection (1)—
the words from “is a tainted donation” to the end become paragraph (a);
after that paragraph insert
In subsection (2)(b), at the end of sub-paragraph (i) (but before the “and” that follows it) insert “as at the later of the time when the donation is made and the time when the arrangements are entered into”.
In subsection (4), in the words before paragraph (a), for the words from “a time” to “the following times” substitute “any time after the earliest of the following times”.
In subsection (8), in the definition of “qualifying charity-owned company”, for “potentially advantaged person” (in both places it occurs) substitute “linked person”.
In subsection (10), for “advantages” substitute “assistance”.
Omit section 939D (circumstances in which financial advantage deemed to be obtained).
Section 939E (certain financial advantages to be ignored) is amended as follows.
In the heading, for “advantages” substitute “assistance”.
In subsection (1)—
for “a financial advantage” substitute “financial assistance”;
for “(2)” substitute “(2A)”.
Omit subsection (2).
Before subsection (3) insert—
In each of subsections (3), (4) and (5), for “A financial advantage” substitute “Financial assistance”.
In subsections (4)(b) and (5)(b), for “the advantage” substitute “the assistance”.
In subsection (6), at the appropriate place insert—.
Section 939F (removal of corporation tax relief in respect of tainted donations etc) is amended as follows.
In the heading, for “in respect of tainted donations etc” substitute “where donation becomes tainted in same accounting period”.
For subsection (1) substitute—
Omit subsection (3).
In subsection (4), omit the definitions of “associated donation”, “qualifying charity-owned company”, “relevant housing provider” and “the relevant arrangements”.
After section 939F (but beneath the same italic heading) insert—
In TCGA 1992, for section 257A (tainted charity donations) substitute—
In CAA 2001, in section 63 (cases in which disposal value is nil), in subsection (4)(b)—
for “section 809ZM” substitute “sections 809ZM and 809ZMB”;
for “section 939F” substitute “sections 939F and 939FB”.
In ITEPA 2003, in section 713 (donations to charity: payroll deduction scheme), in subsection (6), for “section 809ZM” substitute “sections 809ZM and 809ZMB”.
In ITTOIA 2005, in section 108 (gifts of trading stock to charities etc), in subsection (5)(b), for “section 809ZM” substitute “sections 809ZM and 809ZMB”.
ITA 2007 is amended as follows.
In section 30 (additional tax), in subsections (1) and (2), at the appropriate place insert—.
In section 58 (meaning of “adjusted net income”), for subsection (4) substitute—
In section 413 (gift aid: overview), in subsection (4A), for “section 809ZM” substitute “sections 809ZM and 809ZMB”.
In section 431 (gifts of shares, securities and real property to charities etc), in subsection (7), for “section 809ZM” substitute “sections 809ZM and 809ZMB”.
In Schedule 4 (index of defined expressions), omit the entry for “potentially advantaged person (in Chapter 8 of Part 13)”.
In CTA 2009, in section 105 (gifts of trading stock to charities etc), in subsection (6), for “section 939F” substitute “sections 939F and 939FB”.
In CTA 2010, in Schedule 4 (index of defined expressions), omit the entry for “potentially advantaged person (in Part 21C)”.
Winter fuel payment charge
Part 10 of ITEPA 2003 (social security income) is amended as follows.
At the end of the heading insert “etc”.
In section 655 (structure of Part 10), in subsection (1), at the end insert—
After Chapter 8 insert—
In section 7 of TMA 1970 (notice of liability to income tax and capital gains tax), in subsection (3)(c), at the end insert “other than Chapter 9 of Part 10 of ITEPA 2003 (winter fuel payment charge)”.
ITEPA 2003 is amended as follows.
In section 1 (overview of contents of this Act), in subsection (3), after paragraph (aa) insert—.
In section 684 (PAYE regulations), in subsection (2), after Item 2ZA insert—
In section 717 (orders and regulations made by Treasury or Commissioners), in subsection (4)—
after “section 681F(3)” insert “or 681J(3)”;
after “benefit” insert “or winter fuel payment”.
ITA 2007 is amended as follows.
In section 1 (overview of the Income Tax Acts), in subsection (1)(a), after “benefit” insert “and winter fuel payment”.
In section 30 (additional tax), in subsection (1), after “Chapter 8 of Part 10 of ITEPA 2003 (high income child benefit charge),” insert—.
The amendments made by this Schedule have effect for the tax year 2025-26 and subsequent tax years.
Tax treatment of carried interest
Carried interest: interpretation of key terms
Before Schedule 1 to ITTOIA 2005 insert—
Consequential and connected amendments
TCGA 1992 is amended as follows.
In section 1H (the main rates of CGT)—
in subsection (3), omit “other than carried interest gains (see subsections (4B) and (9) to (11))”;
omit subsections (4B) and (5);
in subsection (6), omit “Other”;
omit subsections (9) to (11).
In section 1I (income taxed at higher rates or gains exceeding unused basic rate band), omit subsection (A1).
In section 1M (temporary non-residents), after subsection (1) insert—
In section 86 (attribution of gains to settlors with interest in non-resident or dual resident settlements), for subsection (4ZB), substitute—
In section 87 (non-UK resident settlements: attribution of gains to beneficiaries), for subsection (5B) substitute—
After section 87B insert—
For section 103KA (carried interest) substitute—
Omit sections 103KB to 103KE.
In section 103KF (relief for external investors on disposal of partnership asset), after subsection (2) insert—
Omit sections 103KFA to 103KH.
ITA 2007 is amended as follows.
In section 809EZA (disguised investment management fees: charge to income tax)—
omit subsections (2A) to (2C);
in subsection (6), for paragraph (b) substitute—;
in subsection (7)—
for the opening words substitute “The references in subsection (6) to a collective investment scheme or AIF include—”;
in paragraphs (a) and (b), after “collective investment scheme” insert “or AIF”;
in paragraphs (a) and (b), after “the scheme” insert “or AIF”.
In section 809EZB (meaning of “management fee” in section 809EZA)—
in subsection (1)(a) after “individual” insert “, or a person who is connected with the individual,”;
in subsection (1)(b) after “individual” insert “, or a person who is connected with the individual,”;
at the end of subsection (1)(b), omit “or”;
in subsection (1)(c), for the words from “which” to the end substitute “within the meaning of section 23I of ITTOIA 2005 arising to the individual for the purposes of that section, or”;
after subsection (1)(c) insert—;
in the opening words of subsection (2), after “if” insert “(and only if)”;
after subsection (4) insert—
Omit sections 809EZC and 809EZD.
In section 809EZDA (sums arising to connected persons other than companies), in subsection (1), omit paragraphs (c) and (d).
In section 809EZDB (sums arising to connected company or unconnected person)—
in subsection (1)(b), for “is” substitute “are”;
in the opening words of subsection (5) for “is” substitute “are”;
in subsection (6) after “A” insert “or a person connected with A”;
in subsection (7), in the opening words, omit “connected with A”;
in subsection (9), for the words from “the sum is applied” to the end substitute
In section 809EZE (interpretation of Chapter)—
in subsection (1), in the definition of “investment management services”—
before paragraph (a) insert—;
omit the “and” at the end of paragraph (c);
at the end of paragraph (d) insert;
in the opening words of subsection (3), for the words from “a share” to “the share” substitute “a direct or indirect interest in an investment scheme and who acquired the interest”;
in subsections (3)(a) and (b) for “share” substitute “interest”.
In section 809EZH (powers to amend Chapter), omit subsection (1)(c).
Omit Chapter 5F.
Reform of reliefs for business property and agricultural property
Business property relief and agricultural property relief
IHTA 1984 is amended as follows.
Section 104 (business property relief) is amended as follows.
In subsection (1)—
in the words before paragraph (a), after “reduced” insert “by 50%.”, and
omit paragraphs (a) and (b) and the words after paragraph (b).
After that subsection insert—
Section 116 (agricultural property relief) is amended as follows.
In subsection (1), for the words from “the appropriate” to the end substitute “50%”.
After that subsection insert—
In subsection (2)—
in the words before paragraph (a), for “The appropriate percentage is 100 per cent.” substitute “For the purposes of subsections (1A) and (1B), the transferor’s interest condition is met”, and
omit the words after paragraph (c).
In subsection (4)—
for “appropriate percentage would be 100 per cent.” substitute “transferor’s interest condition would be met”, and
for the words from “the appropriate percentage”, in the second place it occurs, to the end substitute.
In Part 5, after Chapter 2 insert—
After section 124F (as inserted by paragraph 4) insert—
After section 124K (as inserted by paragraph 5) insert—
The amendment made by sub-paragraph (1) comes into force on 6 April 2030 (and accordingly no relief allowance amount is to be increased by virtue of it before 6 April 2031).
In section 113A (business property: transfers within seven years before death of transferor), after subsection (2) insert—
In section 124A (agricultural property: transfers within seven years before death of transferor), after subsection (2) insert—
Section 131 is amended as follows.
In subsection (2), in the words after paragraph (b), for “were reduced by the amount of the excess” substitute “reflected the market value of the transferred property on the relevant date, rather than its market value at the time of the chargeable transfer”.
Omit subsection (2A).
Section 69 is amended as follows.
In subsection (1) (rate between ten-year anniversaries), for “was” to the end substitute
In subsection (2A), for “above (apart from section 66(2) above)” substitute “, disregarding section 66(2) and Chapters 1 to 2A of Part 5,”.
In section 81 (property moving between settlements), after subsection (1) insert—
Section 177 (Scottish agricultural leases) is amended as follows.
In subsection (1) for the words “tacit relocation” substitute.
In subsection (2), for paragraph (a) substitute—.
After subsection (4) insert—.
In section 105 (relevant business property), in subsection (1)—
after paragraph (a) insert—,
in paragraph (ab) (as inserted by this sub-paragraph)—
the words from “that” to the end become sub-paragraph (i), and
after that sub-paragraph insert,
after paragraph (ab) (as inserted by this sub-paragraph) insert—,
in paragraph (b), at the beginning insert “any other”, and
in paragraph (bb), after “any” insert “other”.
In section 107, in subsection (4) for “105(1)(bb)” substitute “105(1)(aa) or (bb)”.
In that subsection (as amended by sub-paragraph (2)) after “105(1)(aa)”, insert “, (ac)”.
In section 113A, in subsection (3A)(b), for “paragraph (b) or” substitute “any of paragraphs (aa) to”.
In Chapter 3 of Part 6 (valuation)—
in section 178 (sale of shares from deceased’s estate), in subsection (2)—
omit “or dealing on the Unlisted Securities Market”, and
omit “or dealt in”,
in section 180 (effect of purchasing qualifying investments), in subsection (3) omit “or separately dealt in on the Unlisted Securities Market”, and
in section 186B (suspended investments), in subsection (1) omit “or dealing on the Unlisted Securities Market”.
In section 272(1)—
in the definition of “quoted”—
omit “or dealt in on the Unlisted Securities Market”, and
for “neither so listed nor so dealt in” substitute “not so listed”, and
at the appropriate place insert—.
In consequence of the amendments made by sub-paragraph (1), in Schedule 20 to FA 1986, in paragraph 8(1A)(a), for “paragraph (b), (bb) or” substitute “any of paragraphs (aa) to”.
In section 227 (payment by instalments), in subsection (2)—
after paragraph (a) insert—, and
in paragraph (b), after “applies” insert “and that are not relevant business property for the purposes of that Chapter”.
In section 234 (interest on instalments)—
in subsection (1)(a), for the words from “the value” to the end substitute, and
in subsection (2), for “(not being tax attributable to value treated as reduced under Chapter II of Part V of this Act)” substitute “that is not tax attributable to value treated as reduced under Chapter 1 or 2 of Part 5 of this Act”.
In section 239 (certificates of discharge), in subsection (4), in paragraph (aa) for “above” substitute “or 124E(5)”.
This paragraph applies where—
property becomes comprised in a settlement as a result of a transfer of value made on or after 30 October 2024 but before 6 April 2026,
an occasion on which tax is chargeable under section 65 of that Act occurs as a result of the property ceasing to be comprised in that settlement before 6 April 2026, and
For the purposes of that occasion, Chapters 1 and 2 of Part 5 of IHTA 1984 have effect as if the ownership or occupation conditions were omitted.
Where this paragraph applies the transfer of value mentioned in sub-paragraph (1)(a) is not to be regarded as a chargeable transfer of qualifying relievable property for the purposes of section 124H of IHTA 1984 (as inserted by paragraph 5).
In this paragraph, an “ownership or occupation condition” means—
section 106 of IHTA 1984 (minimum period of ownership for business property relief);
This paragraph is to be treated as having come into force on 30 October 2024 and has effect in relation to occasions on which tax is chargeable under Chapter 3 of Part 3 of IHTA 1984 on or after that date (but which occur before 6 April 2026).
For the purposes of applying section 124E in relation to a deceased person who died before 6 April 2026—
the person is to be treated as having an amount of unused 100% relief allowance on death, and
the unused percentage in relation to that person is to be treated as 100%.
The amendments made by this Part of this Schedule, other than the amendment made by paragraph 6 and the modifications made by paragraph 15, have effect in relation to transfers of value made, and occasions on which tax is chargeable under Chapter 3 of Part 3 of IHTA 1984, on or after 6 April 2026.
Sub-paragraph (3) applies where—
a potentially exempt transfer, or a chargeable transfer, is made after 29 October 2024 but before 6 April 2026, and
the transferor dies on or after 6 April 2026, and
that death is within seven years of the transfer.
The amendments made by this Part of this Schedule, other than the amendments made by sub-paragraphs (1)(b) and (c) and (3) of paragraph 12, are to be treated as having had effect at the time the transfer was made for the purposes of determining the amount of tax, or additional tax, that falls to be calculated in respect of the transfer.
During the period beginning on the date of the transfer and ending immediately before—it is to be assumed for the purposes of this Act that sub-paragraph (3) will not apply.
the seventh anniversary of that date, or
if it is earlier, the death of the transferor,
For the purpose of determining the trust maximum allowance under section 124H of IHTA 1984 (as inserted by paragraph 5)—
the amendment made by that paragraph is to be treated as if it had come into force on 30 October 2024, and
that section has effect for that purpose in the period beginning with that date and ending with 5 April 2026 as if in subsections (6)(b) and (7), for “as a result of section 104(1A) or 116(1A)” there were substituted “by 100% as a result of section 104(1)(a) or 116(2)”.
Where property is comprised in a qualifying pre-commencement settlement before 30 October 2024, the amendments made by paragraphs 2 to 5 of this Schedule do not have effect in relation to that property, at any time while that property is relevant property, until the first ten-year anniversary that falls on or after 6 April 2026.
For the purposes of section 66(2) of IHTA 1984 as it applies in connection with the first occurrence on or after 6 April 2026 of the charge under section 64(1) of that Act in relation to a settlement, previously relievable property is to be treated as if it were not comprised in the settlement until 6 April 2026.
For the purposes of sub-paragraph (7) “previously relievable property” means relevant property comprised in the settlement before 6 April 2026 to the extent the value of that property charged on the occasion of that charge would have been treated as reduced by 100% as a result of section 104(1)(a) or 116(2) of IHTA 1984 if the amendments made by this Part of this Schedule had not been made.
Sub-paragraph (10) applies for the purposes of—
section 70(7) of IHTA 1984 as it applies in connection with a charge under a special trust charging provision occurring on or after 6 April 2026 in relation to a settlement that commenced before that date, and
sections 71F(6) and 71G(3) of that Act as they apply in connection with a charge under section 71E(1)(a) of that Act occurring on or after 6 April 2026 in relation to a settlement that commenced before that date.
Previously relievable special property is to be treated as if it were excluded property for the purposes of those sections until—
in the case of previously relievable special property in relation to a charge under a special trust charging provision, the commencement of the first successive quarter in the relevant period (within the meaning given by section 70(8) of IHTA 1984) to commence on or after 6 April 2026, or
in the case of previously relievable special property in relation to a charge under section 71E(1)(a) of that Act, the commencement of the first successive quarter in the qualifying period to commence on or after 6 April 2026.
The “qualifying period” in relation to a charge under section 71E(1)(a) of IHTA 1984 means—
in a case where the tax falls to be calculated in accordance with section 71F of that Act, the period referred to in subsection (5) of that Act, or
otherwise, the relevant period (within the meaning given by section 70(8) of that Act as applied by section 71G(3) of that Act).
For the purposes of sub-paragraph (10) “previously relievable special property”, in relation to a charge under a special trust charging provision or under section 71E(1)(a) of IHTA 1984, means property comprised in the settlement before 6 April 2026 to the extent the value of that property charged on the occasion of that charge would have been treated as reduced by 100% as a result of section 104(1)(a) or 116(2) of that Act if the amendments made by this Part of this Schedule had not been made.
But property ceases to be previously relievable special property after the first occasion on or after 6 April 2026 of a charge under a special trust charging provision or under section 71E(1)(a) of that Act in relation to that property.
Inheritance tax on overseas property with value attributable to UK agricultural property
Schedule A1 to IHTA 1984 is amended as follows.
In the heading of Part 1 of that Schedule, after “property”, in the second place it occurs, insert “or UK agricultural property”.
In the following provisions, for “a UK residential property interest” substitute “relevant UK property”—
in paragraph 2—
sub-paragraph (2)(a) and (b), and
sub-paragraph (5), and
in paragraph 4—
sub-paragraph (1)(a)(i), and
sub-paragraph (3) (in both places).
In that paragraph, in sub-paragraphs (4) and (5), for “UK residential property interest” substitute “relevant UK property”.
Before paragraph 8 (and before the italic heading before it) insert—
IHTA 1984 is amended as follows.
In section 48ZA (excluded property: situated outside the UK etc), in subsection (10), after “property”, in the second place it occurs, insert “or UK agricultural property”.
In section 54 (exceptions from charge on death), in subsection (2C)(e)(i), after “property”, in the third place it occurs, insert “or UK agricultural property”.
In section 237 (imposition of charge), in subsection (2A), for “UK residential property interest” substitute “relevant UK property”.
In section 102 of FA 1986 (gifts with reservation), in subsection (7A)(d)(i), after “property”, in the third place it occurs, insert “or UK agricultural property”.
The amendments made by this Part of this Schedule have effect in relation to times on or after 6 April 2026.
But for the purposes of paragraph 5(1) of Schedule A1 to IHTA 1984—
paragraph (a) of that paragraph does not apply in relation to a disposal of property—
to which paragraph 2 or 3(a) of that Schedule only applies as a result of the amendments made by this Part of this Schedule, and
that occurs before 6 April 2026, and
paragraph (b) of that paragraph does not apply in relation to a payment of money or money's worth—
in relation to a relevant loan that is only a relevant loan as a result of the amendments made by this Part of this Schedule, and
that occurs before 6 April 2026.
Abolition of bingo duty: consequential and transitional provision
In FA 1982—
in section 8, in subsection (1), omit paragraph (c);
omit Part 4 of Schedule 6.
In FA 1983, in section 5, omit subsection (1).
In FA 1986—
in section 6—
omit paragraph (b) of subsection (1) (and the “and” before it);
omit paragraph (b) of subsection (3) (and the “and” before it);
in subsection (5), omit the definition of “the bingo commencement date”;
in paragraph 16 of Schedule 4, omit sub-paragraph (2).
In F(No.2)A 1992, omit section 7.
In FA 1994, in section 12(2)(c) omit “Schedule 3 to the Betting and Gaming Duties Act 1981 or”.
In VATA 1994, in section 23A—
in subsection (2), for paragraph (c) substitute—;
after subsection (2) insert—.
In FA 1997—
in section 10 (gaming duty)—
in subsection (3AA)(a) omit “bingo duty or”;
after subsection (3AA) insert—;
after subsection (6) insert—;
in Schedule 1 (administration and enforcement of gaming duty), for paragraph 16 substitute—
In FA 2003, omit section 9.
In FA 2006, in section 11, omit subsection (3).
In FA 2007, omit—
paragraph 4 of Schedule 1;
paragraph 9 of Schedule 25 (and the italic heading before it).
In FA 2008, in Schedule 41, in the Table in paragraph 1, omit the entry relating to “bingo duty”.
In FA 2009, omit—
section 20;
subsection (2) of section 115.
In the Borders, Citizenship and Immigration Act 2009, in section 7(2)(e), omit sub-paragraph (ii).
In FA 2010, omit section 19.
In FA 2012, in Schedule 24, in paragraph 3—
in sub-paragraph (1), for paragraph (b) substitute—;
after sub-paragraph (4) insert—
In FA 2014—
in section 154(4), omit paragraph (b) (and the “and” before it);
In section 161—
in subsection (3), omit paragraph (a) (and the “and” after it);
in subsection (4), omit paragraph (b);
after subsection (4) insert—;
in Schedule 28, in paragraph 20, omit sub-paragraph (3).
In FA 2016, in paragraph 4(2) of Schedule 18, omit “bingo duty”.
In F(No.2)A 2017, in paragraph 2(1) of Schedule 17, omit “bingo duty”.
In FA 2024, in the Table in section 32(1), omit the entry relating to “BGDA 1981”.
The repeals and amendments made by section 88 and this Schedule do not affect—
the operation on and after 1 April 2026 of any enactment repealed or amended by section 88 or this Schedule, or revoked by virtue of those repeals and amendments, as the enactment stood immediately before that date, so far as relating to accounting periods for bingo duty that end before that date;
the exercise on and after 1 April 2026 of any power of the Commissioners for His Majesty’s Revenue and Customs or an officer of Revenue and Customs saved by paragraph (a).
Sub-paragraph (1) does not prejudice the generality of section 16(1) of the Interpretation Act 1978.
Aggregates levy: amendments relating to disapplication of levy to Scotland
Part 2 (aggregates levy) of FA 2001 is amended as follows.
Section 17 (exemption etc of quantity of aggregate) is amended as follows.
In subsection (2), after paragraph (c) insert—.
After subsection (3) insert—
In subsection (7), at the appropriate place insert—
Section 19 (commercial exploitation) is amended as follows.
In subsection (1)—
in paragraph (a), after “site” insert “in England, Wales or Northern Ireland”;
after paragraph (a) insert—
In subsection (5)—
the words from “the aggregate” to the end become paragraph (a) of that subsection;
in that paragraph for “United Kingdom waters” substitute “relevant waters”;
at the end insert
After subsection (5) insert—
At the end insert—
In section 20 (originating sites), in subsection (1)(a), for “United Kingdom waters” substitute “relevant waters”.
In section 48 (interpretation of Part), in subsection (1), at the appropriate places insert—;.
The Aggregates Levy (General) Regulations 2002 (S.I. 2002/761) are amended as follows.
In regulation 13 (which relates to tax credits)—
in paragraph (2), before sub-paragraph (a) insert—
in paragraph (2)(a), after “Kingdom” insert “from a place in England, Wales or Northern Ireland”.
In consequence of the amendment made by paragraph 14(b), in regulation 15(3) after “United Kingdom” insert “from a place in England, Wales or Northern Ireland”.
In the Scotland Act 2016, in Schedule 1 (disapplication of UK aggregates levy)—
in paragraph 5 (amendments relating to the levy register), in sub-paragraph (3) for “both places,” substitute “the first place it occurs,”;
paragraph 9 (which amends the definition of “United Kingdom waters” for Part 2 of FA 2001) is omitted.
Omit—
section 44 of FA 2001 (destination of receipts), and
paragraph 8 of Schedule 1 to the Scotland Act 2016.
Paragraphs 1 to 15 have effect in relation to commercial exploitation of aggregate which takes place on or after such date as is appointed under section 18(4) of the Scotland Act 2016.
Paragraphs 16 and 17 come into force on the day on which this Act is passed.
Vaping products duty: amendments of other enactments
In paragraph 1 of Schedule 24 to FA 2007 (penalties for errors), in the table after the entry for tobacco products duty insert—
In paragraph 1 of Schedule 41 to FA 2008 (penalties for failure to notify etc), in the table after the entry for tobacco products duty insert—
In paragraph 2 of Schedule 24 to FA 2021 (penalties for failure to make returns etc), in the table after item 4 and in the first, second and fifth columns insert—
In paragraph 1 of Schedule 25 to FA 2021 (penalties for deliberately withholding information), in the table after item 4 insert—
In paragraph 1 of Schedule 26 to FA 2021 (penalties for failure to pay tax), in the table at the end insert—
FA 1994 is amended as follows—
in section 13A(2), after paragraph (gc) insert—;
in section 16(9), after paragraph (b) insert—
in section 16A(2), after paragraph (g) insert—;
in Schedule 5 (decisions subject to review and appeal), after paragraph 5A insert—.
CEMA 1979 is amended as follows—
in section 1(1), in the definition of “the Customs and Excise Act 1979” after “(alcohol duty)” insert “and Part 4 of FA 2026 (vaping products duty)”;
in section 1(3) at end insert—;
in section 112 (powers of entry upon premises, etc. of revenue traders)—
in subsection (3) after “alcoholic products” insert “or vaping products,”;
in subsection (5) after “tobacco products” insert “or vaping products”;
in section 113(6) (power to search for concealed pipes, etc) after “alcoholic products” insert “or vaping products”;
in section 160(2A) (power to take samples) after “alcoholic products” insert “or vaping products”;
in section 161A(3) (power to search premises: search warrant) after “manufacture of spirits” insert “or vaping products”;
in section 163A(2) (power to search articles) after “alcoholic products,” insert “vaping products,”.
In section 1 of the Excise Duties (Surcharges or Rebates) Act 1979 after subsection (1)(a) insert—.
In paragraph 11 of Schedule 5 to the Consumer Rights Act 2015, in the table, after the last entry insert—
In paragraph 2(1) of Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: indirect taxes), after “duties on spirits, beer, wine, made-wine and cider” insert—
In section 49 of TCTA 2018 in the definition of “excise duty”—
omit the “or” after paragraph (b), and
after paragraph (c), insert—.
CBAM Goods
The goods specified by this Schedule are goods within a commodity code set out in the following Table, other than those within a commodity code that the Table indicates are excepted.
In this Schedule “commodity code” means a code assigned to a classification of goods by the Goods Classification Table.
Regulations under section 8 of TCTA 2018 about determining within which commodity code a good falls apply for the purposes of CBAM.
The Commissioners may by regulations make such amendments to the Table in paragraph 1 as they consider appropriate in consequence of the Goods Classification Table, or a document replacing it, being amended or replaced.
In this paragraph, references to the Goods Classification Table are references to the Goods Classification Table as defined in regulations under section 8 of TCTA 2018.
Administration of CBAM
Introduction
The Commissioners are responsible for the collection and management of CBAM.
In this Schedule—
Part 2—
requires a person to register with HMRC for the purposes of CBAM if the person triggers registration, and
makes further provision relating to registration and de-registration;
Part 3 makes provision about the payment of CBAM, accounting periods and returns;
Part 4 makes provision about the determination and evidencing of emissions embodied in a CBAM good and relief under section 150;
Part 5 confers power to make regulations about the measurement of weight;
Part 6 makes provision about records;
Part 7 makes provision about the artificial separation of business activities;
Part 8 makes provision about death, incapacity and insolvency;
Parts 9 and 10 make provision about the recovery of CBAM and repayments;
Parts 11 and 12 make provision about penalties, reviews and appeals relating to CBAM.
Registration
A person must register with HMRC if the person triggers registration.
A person triggers registration if—
it is the first day of the month and, during the preceding 12 months, the person imported into the United Kingdom CBAM goods with an aggregate value of £50,000 or more in the course of a business, or
the person is expected to import into the United Kingdom, in the course of a business, CBAM goods with an aggregate value of £50,000 or more before the end of a period of 30 days.
For the purposes of sub-paragraph (2)—
disregard any CBAM good—
in respect of which section 147(2) applies (goods originating in the United Kingdom and returned goods), or
that has been subject to the charge to CBAM by operation of section 145 (special customs procedures) and subsequently exported from the United Kingdom;
if a good is, or would be, subject to the charge to CBAM by operation of section 145 (special customs procedures) the value of the good is taken to be the amount of its value that is attributable to the CBAM good that entered, or would enter, the special customs procedure.
A person who triggers registration must register before the end of the period of 30 days beginning with the day on which the person first triggered registration.
When registering, a person must provide—
information specified by the Commissioners in regulations, and
a declaration that the person believes the information provided to be complete and correct.
An officer of Revenue and Customs may require a person to—
provide such information as the officer considers necessary in order to determine whether the person is required to register under this paragraph, and
provide that information within such period as the officer considers reasonable.
If it appears to an officer of Revenue and Customs that a person has triggered registration under this paragraph and has failed to register before the end of the period of 30 days in sub-paragraph (4), the officer may register the person.
If an officer of Revenue and Customs registers a person under sub-paragraph (7), the officer must notify the person of this.
The Commissioners may specify in a notice published by them the way in which a person is to register, provide information and make a declaration under this paragraph.
For the purposes of this Part of this Act—
a person is a “registered person” if the person—
has registered, or been registered by an officer of Revenue and Customs, under this paragraph, and
has not been deregistered (see paragraph 3);
a person is a “registrable person” if the person—
has triggered registration under this paragraph, but
has not registered, or been registered by an officer of Revenue and Customs, under this paragraph;
references to registering or a registration are to registering or a registration under this paragraph.
An officer of Revenue and Customs must deregister a registered person if the officer is satisfied that—but this is subject to sub-paragraph (2).
the person is not required to be registered and either—
the person has requested that they be deregistered, or
the person has not been required to be registered at any time in the period of 12 months ending with the day on which the officer of Revenue and Customs deregisters the person, or
the person was not required to be registered on the day on which they registered and has not been required to be registered since,
An officer of Revenue and Customs may decide not to deregister a person if—
there are outstanding amounts of CBAM, or amounts recoverable on the basis that they are amounts of CBAM, due from the person,
there are one or more outstanding returns under Part 3 of this Schedule due from the person, or
the officer considers that the person will be required to be registered before the end of the period of 12 months beginning with the day on which the person would otherwise be deregistered.
For the purposes of this paragraph, a person is “required to be registered” on a day if—
the person triggers registration on the day, or
on the first day of the month in which the day falls, the person triggered registration under paragraph 2(2)(a).
An officer of Revenue and Customs deregisters a person by issuing the person with a notice of deregistration.
A notice of deregistration must specify when the de-registration takes effect (which may be in the past).
A request under sub-paragraph (1)(a) must be made in the way specified in a notice published by the Commissioners.
If a person has requested under sub-paragraph (1)(a) that they be deregistered and the request is rejected, an officer of Revenue and Customs must issue the person with a notice—
informing them that their request has been rejected, and
giving reasons.
A registered person must notify HMRC if—
information they provided under paragraph 2 changes, or
they discover that such provided information is incorrect.
The notification must be given before the end of the period of 30 days beginning with the day on which the information changed or they discovered that the information is incorrect.
The notification must be given in the way specified in a notice published by the Commissioners.
The Commissioners may by regulations make provision about determining the value of CBAM goods for the purposes of this Part of this Schedule.
Payment, accounting periods and returns
A registered or registrable person must account for and pay CBAM in respect of each accounting period.
The accounting periods are the periods of 3 months ending at the end of March, June, September and December.
Payment in respect of an accounting period must be made before the end of the last working day of the second month after the end of the accounting period.
Payment must be made by a method specified in a notice published by the Commissioners.
A registered or registrable person must make a return to HMRC for each accounting period.
A return under this paragraph must be made before the end of the last working day of the second month after the end of the accounting period to which it relates.
The Commissioners may by regulations make provision about what is to be included in a return under this paragraph.
The Commissioners may specify in a notice published by them—
the way in which the return is to be made;
that a digital facility provided by HMRC must be used to calculate the amount of CBAM shown in the return, subject to such exceptions as may be specified in the notice.
A person who has made a return under paragraph 7 may amend the return by notice to HMRC (and may further amend the return by further notice to HMRC) only in order to correct an error.
No amendment may be made to replace information on the emissions embodied in CBAM goods determined using default values set under paragraph 11 with such information determined in accordance with regulations under paragraph 10.
The Commissioners may specify in a notice published by them—
the way in which an amendment is to be made, and
by when it must be made.
The Commissioners may by regulations amend—
paragraph 6(2) or (3) or 7(2);
item 5 in the table in paragraph 2(1) of Schedule 24 to FA 2021 (which relates to penalties for a failure to make returns under paragraph 7 of this Schedule) in consequence of an amendment under this paragraph of paragraph 6(2).
Determination and evidence of emissions and carbon price relief
The Commissioners may by regulations make provision about how emissions embodied in CBAM goods are to be determined and evidenced.
Regulations under this paragraph may (among other things)—
make different provision in relation to different goods, sectors, places, circumstances or activities;
make provision for methods of calculating figures;
make provision about measurement, sampling or analysis;
make provision by reference to information or technical standards published by a third party (including by an international organisation);
make provision about the treatment of gaps in data or measurement;
provide for the use of estimates or standard values or factors (including how estimates are to be made or standard values or factors are to be determined);
make provision about the treatment of anything used or done in the course of activities in the course of which the emissions were emitted;
make provision requiring information to be verified by a specified person or body.
The Treasury may by notice set default values that may be used for determining the emissions embodied in CBAM goods.
Default values set under this paragraph may (among other things)—
vary depending on where the emissions embodied in a CBAM good were emitted;
be in respect of any portion of the emissions embodied in a CBAM good.
A default value may be set at a level that ensures that there would not be an advantage to any person liable to CBAM in using the value instead of determining the emissions embodied in a CBAM good in accordance with regulations under paragraph 10.
In sub-paragraph (3), “advantage” includes an advantage arising from—
the emissions embodied in a CBAM good being lower if determined using default values;
not bearing the cost of determining or verifying emissions in accordance with regulations under paragraph 10.
The Commissioners may by regulations make provision about how relief under section 150 (carbon price relief) is to be determined and evidenced.
Regulations under sub-paragraph (1) may (among other things)—
make provision for methods of calculating the relief in accordance with principles for determining the amount of relief set out in regulations made under section 150;
make provision otherwise supplementing regulations made under section 150 about how relief under that section is to be determined;
make different provision in relation to different goods, sectors, places, circumstances or activities or by reference to where a carbon price is payable;
make provision requiring information to be verified by a specified person or body or by reference to information provided by a third party;
make provision about currency conversion.
Measurement of weight
The Commissioners may by regulations make provision about the measurement of weight for the purposes of CBAM.
Regulations under this paragraph may (among other things) include provision about—
how weight is to be measured;
the time at which weight is to be measured;
how weight is to be evidenced;
agreements between HMRC and particular persons about how weight is to be measured or evidenced, including provision for HMRC to disregard the terms of an agreement in circumstances set out in the regulations;
an officer of Revenue and Customs making their own assessment or best judgement of weight in relation to CBAM goods and substituting that assessment or judgement for the assessment or judgement of any other person;
an officer of Revenue and Customs inspecting or weighing CBAM goods or samples;
the assessment of weight by an officer of Revenue and Customs being based on estimates or assumptions.
Records
The Commissioners may by regulations require specified persons—
to keep, for purposes connected with CBAM, records of specified matters, and
to preserve records for a specified period.
Regulations under sub-paragraph (1) may provide that a duty to preserve records under the regulations may be discharged by preserving them, or the information contained in them, in any form and by any means, subject to any conditions or exceptions specified in the regulations.
The period specified in regulations under sub-paragraph (1) may not exceed—
in a case where the records relate to an accounting period, 6 years beginning with the day after the end of the accounting period to which the records relate, or
in any other case, 6 years beginning with the day on which the records are created.
An officer of Revenue and Customs may direct a registered or registrable person—
to keep such records as are specified in the direction;
to preserve those records for a specified period.
The officer may not give a direction under sub-paragraph (1) unless they have reasonable grounds for believing that the records specified in the direction might assist in identifying CBAM goods in respect of which CBAM might not be paid.
A direction under sub-paragraph (1)—
must be in writing,
must specify the consequences under Part 11 of this Schedule of a failure to comply with a requirement imposed by the direction, and
may be revoked or replaced by a further direction.
The period specified in a direction under sub-paragraph (1)(b) may not exceed 6 years.
Artificial separation of business activities
This paragraph applies for the purpose of preventing the maintenance or creation of any artificial separation of business activities carried on by two or more persons resulting in an avoidance of CBAM.
An officer of Revenue and Customs may make a direction naming any person if they are satisfied that—
the person is importing CBAM goods into the United Kingdom in the course of a business,
the activities in the course of which the person does so form only part of certain activities, the other activities being carried on concurrently or previously (or both) by one or more other persons,
the activities carried on by those persons have been, or are, artificially separated, having regard to whether the persons carrying on those activities are connected within the meaning of section 1122 of CTA 2010 (“connected” persons), and
if all the activities of those persons were taken into account, a single person carrying on that business would at the time of the direction be required to register under paragraph 2.
The effect of a direction under sub-paragraph (2) is that for the purposes of this Part of this Act—
the persons named in the direction are to be treated as a single taxable person (“the taxable person”) carrying on the activities of a business described in the direction,
the taxable person is deemed to have registered on the date of the direction or on such earlier or later date as may be specified in the direction—
in the name of one of the persons named in the direction nominated jointly by them in writing to the officer of Revenue and Customs who made the direction within the period of 14 days beginning with the date of the direction, or
if no such name is nominated, in such name as may be determined by the officer;
the importation of CBAM goods by, or on behalf of, a person named in the direction in the course of the activities carried on by the taxable person is to be treated as the importation of CBAM goods in the course of a business by the taxable person;
each person named in the direction is jointly and severally liable for any CBAM due from the taxable person;
any failure by the taxable person to comply with any requirement imposed by or under this Part of this Act is to be treated as a failure by each person named in the direction severally.
The earliest date a direction may specify under sub-paragraph (3)(b) is the date on which the persons named in the direction would, if they were treated as a single taxable person on that date, have first triggered registration under paragraph 2.
Sub-paragraph (6) applies where, after a direction is made under sub-paragraph (2), it appears to an officer of Revenue and Customs that—
a person who was not named in the direction is importing CBAM goods in the course of activities which should be regarded as part of the activities of the business described in the direction, or
a person who is named in the direction should no longer be named in the direction.
The officer of Revenue and Customs may by direction modify the earlier direction so that—
it names the person mentioned in sub-paragraph (5)(a), or
the person mentioned in sub-paragraph (5)(b) is removed from the earlier direction (as the case may be).
A modification under sub-paragraph (6)(a) comes into force on—
the date on which the person began to import CBAM goods in the course of activities which should be regarded as part of the activities of the business described in the direction, or
if later, the date on which the single taxable person referred to in the earlier direction is deemed to have registered.
A modification under sub-paragraph (6)(b) comes into force on the date specified in the direction.
A direction under sub-paragraph (2), and any determination under sub-paragraph (3)(b)(ii), must be given to each person named in the direction.
A direction under sub-paragraph (6)(a) must be given to each person named in the earlier direction as modified.
A direction under sub-paragraph (6)(b) must be given to—
each person named in the earlier direction as modified, and
the person being removed from the earlier direction.
A registered person is to be treated as no longer being a registered person in their own right from such time as they begin to form part of a single taxable person under a direction under this paragraph.
Death, incapacity and insolvency
This paragraph applies where a registered person, who is an individual, is deceased or incapacitated and another person (P) carries on the business to which the registered person’s registration relates.
Where this paragraph applies, P must notify HMRC of their carrying on of the business before the end of the period of 21 days beginning with the day on which they began to carry on the business.
The notification must—
be accompanied by evidence of P’s authority to carry on the business;
include information, and be accompanied by evidence about, the death or incapacitation of the registered person.
The Commissioners may specify in a notice published by them—
the particular items of information to be included in, and evidence to accompany, the notification;
the way in which the notification is to be given.
Where this paragraph applies, HMRC may treat P as if they were the registered person for the purposes of CBAM for a period of up to 6 months beginning with the day on which the period under sub-paragraph (2) ends.
An officer of Revenue and Customs may extend the period under sub-paragraph (5) as they think fit by notice in writing to P.
This paragraph applies where a registered person is subject to an insolvency procedure and a person (P) acts as an insolvency office holder in relation to that registered person.
Where this paragraph applies, HMRC may treat P as if they were the registered person for the purposes of CBAM.
Where P is treated under sub-paragraph (2) as if they were the registered person—
any liability of the registered person to pay CBAM which arose at a time before the date on which the insolvency procedure began continues to be payable by the registered person;
any liability of the registered person to pay CBAM which arises at a time on or after the date on which the insolvency procedure began is to be regarded as an expense of that procedure (unless the procedure is within sub-paragraph (4)(b)(vii)).
In this paragraph—
“insolvency office holder” means—
an administrative receiver;
an administrator;
a liquidator;
a receiver appointed by the courts or by a mortgagee;
a trustee in bankruptcy;
a trustee (or interim trustee) in the sequestration of an estate;
a person acting in an equivalent capacity under the law of a country or territory outside the United Kingdom;
“insolvency procedure” means—
administration;
administrative receivership;
bankruptcy;
receivership;
sequestration;
winding up;
an equivalent procedure under the law of a country or territory outside the United Kingdom.
Recovery
CBAM is recoverable as a debt due to the Crown.
Sub-paragraph (2) applies where it appears to an officer of Revenue and Customs that—
any period is an accounting period by reference to which a registered or registrable person is liable to CBAM,
an amount of CBAM for which the person is liable to account by reference to that period has become due, and
there has been a relevant default by the person (see sub-paragraph (3)).
The officer of Revenue and Customs—
may—
in a case where the amount of CBAM due from the person for that period cannot be ascertained, assess the amount due from the person for that period to the best of their judgement;
in any other case, assess the amount due from the person for that period, and
where such an assessment is made, must notify the person of that amount.
The following are “relevant defaults”—
a failure to comply with a requirement of paragraph 2 (registration) or paragraph 4 (updating or correcting registration information);
the provision, in purported compliance with paragraph 2 or 4, of incomplete or incorrect information;
a failure to make a return required by paragraph 7;
a failure to keep documents, or provide facilities, necessary to verify returns required by paragraph 7;
the submitting, in purported compliance with paragraph 7, of an incomplete or incorrect return;
a failure to comply with a requirement imposed under paragraph 14 or by paragraph 15 (keeping and preserving records);
a failure to provide HMRC with complete or accurate information in complying with any requirement imposed by or under this Part of this Act;
an unreasonable delay in complying with a requirement, where the failure to comply would be a default within any of paragraphs (a) to (g).
Sub-paragraph (2) applies where—
an officer of Revenue and Customs has made an assessment under paragraph 20(2) for an accounting period as a result of a person’s failure to submit a return for that period,
the CBAM assessed has been paid but no proper return has been made for that period, and
as a result of a failure to make a return for a later accounting period, an officer of Revenue and Customs makes another assessment (“the later assessment”) under paragraph 20(2) in relation to the later period.
The officer of Revenue and Customs may, if the officer considers it appropriate in light of the absence of a proper return for the earlier period, specify in the later assessment an amount of CBAM due that is greater than the amount that they would have considered to be appropriate had they had regard only to the later period.
Sub-paragraph (2) applies where—
an assessment has been notified to a person under paragraph 20(2), and
it appears to an officer of Revenue and Customs that the amount which ought to have been assessed as due exceeds the amount that has already been assessed.
The officer of Revenue and Customs—
may make a supplementary assessment of the amount of CBAM due from the person to the best of their judgement, and
where such an assessment is made, must notify the person of that amount.
An amount assessed and notified to a person under paragraph 20 or 22 is recoverable on the basis that it is an amount of CBAM due from that person.
But sub-paragraph (1) does not apply if, or to the extent that, the assessment has been withdrawn or reduced.
An assessment under paragraph 20 or 22 may not be made after the relevant time.
Except in a case within sub-paragraph (3) the relevant time is the earlier of—
the end of the period of 4 years from the end of the accounting period to which the assessment relates, or
the end of the period of 1 year beginning with the day on which evidence of facts, sufficient in the opinion of the officer of Revenue and Customs making the assessment to justify making it, comes to the knowledge of any officer of Revenue and Customs.
Where an assessment of an amount due from a person is made in a case involving loss of CBAM—the relevant time is the end of the period of 20 years from the end of the accounting period to which the assessment relates.
brought about deliberately by the person, or
attributable to a failure by the person to comply with a requirement of paragraph 2 or 4,
In sub-paragraph (3) the reference to a loss brought about by a person includes a reference to a loss brought about by another person acting on behalf of that person.
Repayments
This paragraph applies where a person (P) has paid an amount to the Commissioners by way of CBAM which was not tax due.
The Commissioners are liable, on the making of a claim by P, to repay the amount.
A claim under this paragraph must be made in the way, and be supported by the information, specified in a notice published by the Commissioners.
Except as provided by this paragraph, the Commissioners are not liable to repay any amount paid by way of CBAM by reason of the fact that it was not tax due.
This paragraph is subject to paragraph 26.
The Commissioners are not liable, on any claim for a repayment of CBAM, to repay any amount paid more than 3 years before the making of the claim.
It is a defence to any claim for repayment of an amount of CBAM that the repayment of that amount would unjustly enrich the claimant.
This paragraph applies where—
an amount has been paid by way of CBAM which (apart from paragraph 26(2)) would fall to be repaid to a person (P), and
the whole or a part of the cost of the payment of that amount to the Commissioners has, for practical purposes, been borne by a person other than P.
Where loss or damage has been, or may be, incurred by P as a result of mistaken assumptions made in P’s case about the operation of any provisions relating to CBAM, that loss or damage is to be disregarded, except to the extent of the quantified amount, in the making of a relevant determination.
In sub-paragraph (2)—
“the quantified amount” means the amount (if any) which is shown by P to constitute the amount that would appropriately compensate P for loss or damage shown by P to have resulted, for any business carried on by P, from the making of the mistaken assumptions;
a “relevant determination” means a determination for the purposes of paragraph 26(2) as to—
whether or to what extent the repayment of an amount would enrich P, or
whether or to what extent any enrichment of P would be unjust.
The reference in sub-paragraph (2) to provisions relating to CBAM is a reference to—
any provision made by or under any enactment which relates to the tax or to any matter connected with it, or
any notice published by the Commissioners under or for the purposes of any such provision.
The Commissioners may by regulations provide for reimbursement arrangements to be disregarded for the purposes of paragraph 26(2) except where the arrangements—
contain such provision as may be required by the regulations, and
are supported by such undertakings to comply with the provisions of the arrangements as may be required by the regulations to be given to the Commissioners.
In this paragraph “reimbursement arrangements” means arrangements for the purposes of a claim to a repayment of CBAM which—
are made by a person for the purpose of securing that the person is not unjustly enriched by the repayment of any amount in pursuance of the claim, and
provide for the reimbursement of a person who has for practical purposes borne the whole or any part of the cost of the original payment of that amount to the Commissioners.
Regulations under this paragraph may (among other things) make provision requiring reimbursement arrangements to contain provision—
requiring a reimbursement for which the arrangements provide to be made within a specified period after the repayment to which it relates;
for the repayment of amounts to the Commissioners where those amounts are not reimbursed in accordance with the arrangements;
requiring interest paid by the Commissioners on any amount repaid by them to be treated in the same way as that amount for the purposes of any requirement under the arrangements to make reimbursement or to repay the Commissioners;
requiring records of a specified description relating to the arrangements to be kept and produced to the Commissioners, or to an officer of Revenue and Customs;
imposing obligations on specified persons for the purposes of provision made under paragraphs (a) to (d).
Regulations under this paragraph may—
make provision about the form, manner and timing of undertakings given to the Commissioners in accordance with the regulations;
provide for those matters to be determined by the Commissioners in accordance with the regulations.
Sub-paragraph (3) applies where—
an amount has been paid at any time to a person by way of a repayment of CBAM, and
the amount paid exceeded the amount which the Commissioners were liable at that time to repay to that person.
Sub-paragraph (3) also applies where a person is liable to pay any amount to the Commissioners in pursuance of an obligation imposed by regulations under paragraph 28(3)(b), (c) or (e).
The Commissioners may—
to the best of their judgement, assess the amount of the excess (in a case within sub-paragraph (1)) or the amount due (in a case within sub-paragraph (2)), and
where such an assessment is made, notify the amount to the person.
Subject to sub-paragraph (5), where—the assessments may be combined and notified to the person as one assessment.
an assessment is made on any person under this paragraph in respect of a repayment of CBAM, and
the Commissioners have power under Part 9 of this Schedule to make an assessment on that person as to an amount of CBAM due from that person,
A notice of a combined assessment under sub-paragraph (4) must separately identify the amount being assessed in respect of repayments of CBAM.
Sub-paragraph (2) applies where—
an assessment has been notified to a person under paragraph 29, and
it appears to an officer of Revenue and Customs that the amount which ought to have been assessed as due exceeds the amount that has already been assessed.
The officer of Revenue and Customs may—
on or before the last day on which the assessment under paragraph 29 could have been made (see paragraph 32), make a supplementary assessment of the amount of CBAM due from the person, and
where such a supplementary assessment is made, notify the amount to that person.
Where an amount has been assessed and notified to a person under paragraph 29 or 30, it is recoverable on the basis that it is an amount of CBAM due from that person.
But sub-paragraph (1) does not have effect if, or to the extent that, the assessment has been withdrawn or reduced.
An assessment under paragraph 29 or 30 may not be made more than 2 years after evidence of facts, sufficient in the opinion of the officer of Revenue and Customs making the assessment to justify making it, comes to the knowledge of any officer of Revenue and Customs.
Penalties
This Part of this Schedule provides for penalties payable in connection with this Schedule, as follows—
paragraph 34 amends Schedule 41 to FA 2008 to impose a penalty for a failure to register with, or provide information to, HMRC under paragraph 2 of this Schedule;
paragraph 35 amends Schedule 24 to FA 2021 to impose a penalty for a failure to make a return under paragraph 7 of this Schedule;
paragraph 36 amends Schedule 24 to FA 2007 to impose a penalty for errors in returns under paragraph 7 of this Schedule and in other documents;
paragraph 37 amends Schedule 26 to FA 2021 to impose a penalty for a failure to pay CBAM;
paragraph 38 imposes a penalty for failing to make a notification under—
paragraph 4 (changed or incorrect registration information);
Part 8 (death, incapacity or insolvency);
paragraph 39 imposes a penalty for failing to keep or preserve records under Part 6 of this Schedule or regulations under that Part.
Schedule 41 to FA 2008 (penalties: failure to notify and certain VAT and excise wrongdoing) is amended in accordance with sub-paragraphs (2) and (3).
In the table in paragraph 1 (failure to notify etc), after the entry related to climate change levy, insert—
In paragraph 7, after sub-paragraph (9) insert—
No failure to comply with an obligation under paragraph 2 of this Schedule “involves an offshore matter” for the purposes of Schedule 41 to FA 2008 (see paragraph 6A of that Schedule).
Paragraph 16(1) of Schedule 41 to FA 2008 (penalties: failure to notify etc) has effect in its application to CBAM as if for “shall” there were substituted “may”.
In Schedule 24 to FA 2021 (penalties for failure to make returns etc), in the Table in paragraph 2(1), after item 5 (inserted by paragraph 1(3) of Schedule 15 to this Act) insert—.
In the table in paragraph 1 of Schedule 24 to FA 2007 (penalties for errors), after the entry relating to climate change levy, insert—
No inaccuracy in a return under paragraph 7 of this Schedule “involves an offshore matter” for the purposes of Schedule 24 to FA 2007 (see paragraph 4A of that Schedule).
Paragraph 13(1) of Schedule 24 to FA 2007 (penalties for errors) has effect in its application to CBAM as if for “shall” there were substituted “may”.
In Schedule 26 to FA 2021 (penalties for failure to pay tax), in paragraph 1(1), after the table relating to value added tax insert—.
A person (P) is liable to a penalty if P fails to comply with a requirement to make a notification under—
paragraph 4 (changed or incorrect registration information);
paragraph 17 (death or incapacity).
The penalty is—
a fixed penalty of £500, and
a daily penalty of £40 for each day on which P continues to fail to make the required notification after the last day on which P was permitted to do so.
A person (P) is liable to a penalty of £500 if P fails to comply with a requirement to keep or preserve a record under Part 6 of this Schedule or regulations under that Part.
But a penalty is not payable under paragraph 38 or 39 if—
P satisfies an officer of Revenue and Customs or, on appeal, the tribunal that there is a reasonable excuse for the failure, or
the penalty would subject P to double jeopardy.
For the purpose of sub-paragraph (1)(a)—
an insufficiency of funds is not a reasonable excuse,
where P relies on any other person to do anything, that is not a reasonable excuse unless P took reasonable care to avoid the failure, and
where P had a reasonable excuse for the failure but the excuse has ceased, P is to be treated as having continued to have the excuse only if the failure is remedied without unreasonable delay after the excuse ceased.
For the purpose of sub-paragraph (1)(b), the penalty would subject P to double jeopardy if, by reason of the conduct constituting the failure, P has been—
convicted of an offence, or
assessed to a penalty other than under paragraph 38 or 39.
The following paragraphs of this Part of this Schedule apply in relation to a penalty under paragraph 38 or 39.
Where a person is liable to a penalty, an officer of Revenue and Customs—
may assess the amount of the penalty, and
where such an assessment is made, must notify the person of the amount.
Sub-paragraph (3) applies where—
an officer of Revenue and Customs has made an assessment of a penalty, and
it appears to the officer that the amount which ought to have been assessed exceeds the amount that has already been assessed.
The officer may—
may make a supplementary assessment of the amount of the penalty, and
where such an assessment is made, must notify the person of that amount.
An amount assessed and notified to a person under sub-paragraph (1) or (3) is recoverable on the basis that it is an amount of CBAM due from that person.
But sub-paragraph (4) does not apply if, or to the extent that, the assessment has been withdrawn or reduced.
The fact that conduct giving rise to a penalty has ended before an assessment is made under sub-paragraph (1) or (3) does not affect the power of an officer of Revenue and Customs to make such an assessment.
Sub-paragraph (2) applies where—
an officer of Revenue and Customs assesses a person to an amount of penalty under paragraph 42(1) or (3), and
the person is also assessed under Part 9 of this Schedule for an accounting period to which the conduct attracting the penalty relates.
The assessments under paragraph 42(1) or (3) and under Part 9 of this Schedule may be combined and notified to the person as one assessment.
A notice of a combined assessment under sub-paragraph (2) must separately identify the penalty being assessed.
Where an assessment is made under paragraph 42(1) or (3) to an amount of daily penalty under paragraph 38(2)(b), the notification of that amount must specify a date, not later than the day on which the notification is given, to which the amount is assessed.
If the failure attracting the penalty continues after that date, a further assessment or further assessments may be made under paragraph 42(1) or (3) in respect of the continued failure.
Sub-paragraph (4) applies where—
a notification of an amount of a penalty specifies a date under sub-paragraph (1), and
the failure in question is remedied within such period as may for the purpose of this sub-paragraph be specified in the notification.
The failure is to be deemed to be remedied on the date specified under sub-paragraph (1).
An officer of Revenue and Customs assessing a penalty or, on appeal, the tribunal may reduce the penalty to such amount (including nil) as they think proper.
On an appeal relating to a penalty reduced by an officer of Revenue and Customs under sub-paragraph (1), the tribunal may cancel the whole or any part of the officer’s reduction.
An assessment under paragraph 42(1) or (3) may not be made after the end of the relevant period.
Except in a case within sub-paragraph (3), the relevant period is the period of 4 years beginning with the day on which the failure attracting the penalty began.
Where an assessment under paragraph 42(1) or (3) is made in a case involving loss of CBAM—the relevant period is the period of 20 years beginning with the day on which the failure attracting the penalty began.
brought about deliberately by the person liable to the penalty, or
attributable to a failure by that person to comply with a requirement under Part 2 of this Schedule,
In sub-paragraph (3) the reference to a loss brought about by a person includes a reference to a loss brought about by another person acting on behalf of that person.
The Treasury may by regulations amend paragraph 38 or 39 so as to substitute for an amount for the time being specified there another amount that takes account of inflation.
Reviews and appeals
A person may appeal against a decision of the Commissioners or an officer of Revenue and Customs in respect of any of the following matters—
where a person has made a return under paragraph 7 (returns) in respect of an accounting period—
whether or not the person is liable to pay an amount of CBAM for that period;
the amount of CBAM payable by the person for that period;
the registration, or de-registration, of a person under Part 2 of this Schedule;
whether to treat a person as if they were a registered person for the purposes of CBAM under paragraph 17(5) or 18(2);
whether to extend such treatment under paragraph 17(6);
whether the Commissioners are liable to repay an amount to a person under paragraph 25(2) or the amount of such a repayment;
whether or not the repayment of an amount under paragraph 25(2) is excessive (see paragraph 29);
the amount that a person is liable to pay the Commissioners to comply with an obligation under paragraph 28(3)(b), (c) or (e);
whether a person is liable to a penalty under paragraph 38 or 39 or the amount of such a penalty;
the period by reference to which payments of CBAM are to be made.
A person may also appeal against the following directions of the Commissioners or an officer of Revenue and Customs—
a direction under paragraph 15;
a direction under paragraph 16(2) or (6).
In sub-paragraph (1), “amount of CBAM” includes an amount recoverable on the basis that it is an amount of CBAM.
In the following provisions of this Part of this Schedule—
“decision” means a decision, determination or direction within sub-paragraph (1) or (2);
references to appealing against a decision are to appealing against the decision under paragraph 48
HMRC must offer a person (P) who has been notified of a decision that they may appeal against a review of the decision.
The offer of a review must be made by notice given to P at the same time as the decision is notified to P.
P has a period of 30 days, beginning with the date of the document notifying P of the decision, to accept the offer (if P chooses to) by notifying HMRC.
The offer is to be treated as withdrawn if P has appealed against the decision.
This paragraph does not apply in relation to a decision consisting of a conclusion of a review.
A person, other than P, who has the right to appeal against a decision may require a review of the decision by notifying HMRC.
But that right to require a review ceases if the person appeals against the decision.
A notification under sub-paragraph (1) must be made within the period of 30 days beginning with the day on which the person becomes aware of the decision.
An officer of Revenue and Customs must review a decision if—
P has notified HMRC under paragraph 49 accepting the offer of a review, or
a person other than P has notified HMRC under paragraph 50 that they require a review.
But the officer must not review the decision if any person who has the right to appeal against the decision has done so before HMRC has been notified as described in sub-paragraph (1).
An officer of Revenue and Customs may by notice extend (or further extend) the period mentioned in paragraph 49(3) or 50(3).
The period is extended to the end of the period of 30 days beginning with—
the date of the notice, or
any other date set out in the notice or a further notice.
This paragraph applies if—
P has not accepted the offer of a review of a decision within the period mentioned in paragraph 49(3) (including as extended under paragraph 52) and makes a request to HMRC in writing for a review out of time, or
a person other than P who may require a review of a decision has not done so within the period mentioned in paragraph 50(3) (including as extended under paragraph 52) and makes a request to HMRC in writing for a review out of time.
An officer of Revenue and Customs must review the decision if the officer is satisfied that the person—
had a reasonable excuse for not accepting the offer of a review or requiring the review within the applicable period, and
made the request without unreasonable delay after the excuse had ceased to apply.
But the officer must not review the decision if any person who has the right to appeal against the decision has done so before the request was made.
This paragraph applies if an officer of Revenue and Customs is required to undertake a review under paragraph 51 or 53.
The nature and extent of the review are to be such as appear appropriate to the officer in the circumstances.
For the purposes of sub-paragraph (2), the officer must have regard to steps taken before the beginning of the review by—
the decision-maker in reaching the decision, and
any person in seeking to resolve disagreement about the decision.
The review must take account of any representations made by the person requiring the review, at a stage which gives the officer a reasonable opportunity to consider them.
The review may conclude that the decision is to be—
upheld,
varied, or
cancelled.
The officer must give the person who required the review notice of the conclusions of the review and their reasoning before the end of—
the period of 45 days beginning with the relevant date, or
such other period as the officer and the person who required the review may agree.
In sub-paragraph (6), “the relevant date” means—
in a case falling within paragraph 49, the date HMRC received the person’s notification accepting the offer of a review,
in a case falling within paragraph 50, the date HMRC received notification from the person requiring a review, or
in a case falling within paragraph 53, the date on which the officer decided they were under a duty to undertake the review.
Where an officer of Revenue and Customs is required to undertake a review but does not give notice of the conclusions within the period specified in sub-paragraph (6), the review is to be treated as having concluded that the decision is upheld.
If sub-paragraph (8) applies, the officer must notify the person who required the review of the conclusion which the review is treated as having reached.
This paragraph applies if HMRC are required, by virtue of paragraph 23(1) of Schedule 24 to FA 2021, to undertake a review under paragraph 51 or 53 of a penalty decision in respect of which an appeal lies under paragraph 22(b) of that Schedule.
The review may also conclude that HMRC’s decision that the person requiring the review was liable to any of the penalty points by virtue of which they were liable to the penalty in respect of which the appeal lies is to be—
upheld, or
cancelled.
Sub-paragraph (2) applies in relation to a penalty point even if the time limit for appealing against it expired before the relevant date.
Sub-paragraph (2) does not apply in relation to a penalty point if—
it was concluded on an earlier review required to be undertaken under paragraph 51 or 53 that HMRC’s decision that the person who required the review was liable to the penalty point was to be upheld, or
HMRC's decision that the person who required the review was liable to the penalty point has been affirmed on appeal.
In sub-paragraph (3) “relevant date” has the same meaning as in paragraph 54(6) (see paragraph 54(7)).
If the conclusions of a review include conclusions reached by virtue of paragraph 55 and the conclusions of the review are final, sub-paragraphs (4) and (5) of paragraph 24 of Schedule 24 to FA 2021 apply but with the following modifications—
references to the appeal under paragraph 22(b) of that Schedule are to be read as references to the review required to be undertaken under paragraph 51 or 53 (as the case may be),
references to the tribunal are to be read as references to HMRC, and
references to cancelling a decision are to be read as references to concluding that HMRC’s decision is to be cancelled.
For the purposes of sub-paragraph (1), the conclusions of a review are to be treated as final only if the period specified in paragraph 57(3)(b), (4)(b) or (5) for appealing the reviewed decision has ended and no appeal has been made within that period.
An appeal under paragraph 48 is to be made to the tribunal before—
the end of the period of 30 days beginning with—
in a case where P is the appellant, the date of the document notifying P of the decision to which the appeal relates, or
in a case where a person other than P is the appellant, the day on which that person becomes aware of the decision, or
if later, the end of the period in which the appellant may accept or require a review (see paragraph 49(3) or 50(3)), including as extended under paragraph 52.
But this is subject to sub-paragraphs (3) to (5).
In a case where a review of the decision has been required under paragraph 51—
an appeal may not be made until the conclusion date, and
any appeal is to be made within the period of 30 days beginning with that date.
In a case where a review of the decision has been requested under paragraph 53—
an appeal may not be made—
unless an officer of Revenue and Customs has notified the person who requested the review as to whether or not a review will be undertaken, and
if an officer of Revenue and Customs has notified that person that a review will be undertaken, before the conclusion date;
any appeal where paragraph (a)(ii) applies is to be made within the period of 30 days beginning with the conclusion date;
if an officer of Revenue and Customs has notified the person who requested the review that a review will not be undertaken, an appeal may be made only if the tribunal gives permission to do so.
In a case where paragraph 54(8) applies, any appeal is to be made at any time in the period beginning with the end of the applicable period in paragraph 54(6) and ending with the date 30 days after the conclusion date.
An appeal may be made after the end of any period specified by this paragraph if the tribunal gives permission to do so.
In this paragraph, “conclusion date” means the date of the document notifying the conclusions of the review.
An appeal under paragraph 48 relating to a decision that an amount is due from a person may not be entertained by the tribunal unless the amount which HMRC have determined to be due has been paid to or deposited with the Commissioners.
But sub-paragraph (1) does not apply if—
HMRC are satisfied or, if HMRC are not satisfied but the tribunal has decided, on the application of the appellant, that the requirement to pay or deposit the amount would cause the appellant to suffer hardship, and
the appellant has—as HMRC or, as the case may be, the tribunal consider appropriate.
paid or deposited such other amount (if any) by way of security, or
provided such other security,
Where, on an appeal under paragraph 48—the assessment has effect as an assessment of the amount specified in the direction and (without prejudice to any power under this Schedule to reduce the amount of interest payable on the amount of an assessment) as if it were an assessment notified to the appellant in that amount at the same time as the original assessment.
it is found that an assessment in respect of the appellant is an assessment for an amount that is less than it ought to have been, and
the tribunal give a direction specifying the correct amount,
Where the tribunal allows an appeal under paragraph 48(1)(c), (d) or (i) or (2) on the ground that the decision-maker could not reasonably have arrived at the decision, the tribunal may—
direct that the decision, so far as it remains in force, is to cease to have effect from such time as the tribunal may direct, or
require an officer of Revenue and Customs to conduct, in accordance with the directions of the tribunal, a review or a further review of the original decision as appropriate.
Where, on an appeal under paragraph 48, the tribunal find that a liability to a penalty or to an amount of interest arises, the tribunal must not give any direction for the modification of the amount payable in respect of that liability except—
in exercise of a power conferred on the tribunal by Part 11 of this Schedule (penalties), or
for the purpose of making the amount payable conform to the amount due in accordance with this Part of this Act.
references to section 83 of that Act as references to paragraph 48 of this Schedule, and
the references to value added tax as references to CBAM.
Service
Anything that may or must be given, notified or issued to a person (P) under this Part of this Act, or provision made under this Part of this Act, may be given, notified or issued by sending it to P or to P’s representative by post, addressed to P’s, or (as the case may be) P’s representative’s, last known address.
Anything given to P’s representative is to be treated as having been given to P.
In this section, “representative”, in relation to P, means—
any of P’s personal representatives;
any person holding office as receiver in relation to P or any of P’s property;
P’s trustee in bankruptcy or liquidator;
a trustee (or interim trustee) in a sequestration of P’s estate under the Bankruptcy (Scotland) Act 2016;
any other person acting in a representative capacity in relation to P.
Interpretation
In this Schedule, “the tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.
Offences relating to CBAM
Fraudulent evasion
A person commits an offence if the person is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion (by that person or another person) of CBAM.
The reference in sub-paragraph (1) to the evasion of CBAM includes a reference to obtaining—in circumstances where there is no entitlement to it.
relief relating to CBAM, or
a repayment of CBAM,
A person guilty of an offence under this paragraph is liable—
on summary conviction in England and Wales—
to imprisonment for a term not exceeding the general limit in a magistrates’ court,
to a fine not exceeding £20,000 or (if greater) three times the total of the amounts of CBAM that were, or were intended to be, evaded, or
to both;
on summary conviction in Scotland—
to imprisonment for a term not exceeding 12 months,
to a fine not exceeding the statutory maximum or (if greater) three times the total of the amounts of CBAM that were, or were intended to be, evaded, or
to both;
on summary conviction in Northern Ireland—
to imprisonment for a term not exceeding 6 months,
to a fine not exceeding the statutory maximum or (if greater) three times the total of the amounts of CBAM that were, or were intended to be, evaded, or
to both;
on conviction on indictment—
to imprisonment for a term not exceeding 14 years,
to a fine, or
to both.
In sub-paragraph (3), the references to the amounts of CBAM that were, or were intended to be, evaded include—which were, or were intended to be, obtained in circumstances when there was no entitlement to them.
the amounts of any relief relating to CBAM, and
the amounts of any repayment of CBAM,
In determining for the purposes of sub-paragraph (3) the amounts of CBAM that were, or were intended to be, evaded, no account is to be taken of the extent to which any liability to tax of a person would be, or would have been, reduced by the amount of any relief relating to CBAM or repayment of CBAM to which the person was, or would have been, entitled.
Misstatement
A person commits an offence if, for purposes connected with CBAM, the person—
produces or provides, causes to be produced or provided, or otherwise makes use of any document which is false in a material particular, and
does so intending to deceive any person or to secure that a machine will respond to the document as if it were a true document.
A person commits an offence if, in providing any information under any provision made by or under this Part of this Act, the person—
makes a statement which the person knows to be false in a material particular, or
recklessly makes a statement which is false in a material particular.
A person guilty of an offence under this paragraph is liable—
on summary conviction in England and Wales—
to imprisonment for a term not exceeding 6 months,
to a fine not exceeding £20,000, or
to both;
on summary conviction in Scotland—
to imprisonment for a term not exceeding 6 months,
to a fine not exceeding the statutory maximum, or
to both;
on summary conviction in Northern Ireland—
to imprisonment for a term not exceeding 6 months,
to a fine not exceeding the statutory maximum, or
to both;
on conviction on indictment—
to imprisonment for a term not exceeding 14 years,
to a fine, or
to both.
In the case of an offence under this paragraph where—the maximum amount of the fine on summary conviction is the greater of £20,000 or the statutory maximum (as the case may be), and the amount equal to three times the sum of the amounts (if any) by which the return understates any person’s liability to CBAM.
the document referred to in sub-paragraph (1) is a return required under Part 3 of Schedule 17, or
the information referred to in sub-paragraph (2) is contained in or otherwise relevant to such a return,
In sub-paragraph (4) the reference to the amount by which a return understates a person’s liability to CBAM is the sum of—
the amount (if any) by which the person’s gross liability is understated, and
the amount (if any) by which any entitlements of the person to relief relating to CBAM and repayments of CBAM is overstated.
In sub-paragraph (5) “gross liability” means liability to CBAM before any deduction is made in respect of any entitlements to relief relating to CBAM and repayments of CBAM.
Proceedings
Supplementary amendments relating to CBAM
In section 1 of the Provisional Collection of Taxes Act 1968 (temporary statutory effect of House of Commons resolutions), in subsection (1), after “climate change levy,” insert “carbon border adjustment mechanism,”.
Schedule 36 to FA 2008 (information and inspection powers) is amended as follows.
In the table in paragraph 61A(2) (definition of involved third parties), after item 14 insert—
In paragraph 63(1) (definition of tax), after paragraph (k) insert—.
In paragraph 4(2) of Schedule 18 to FA 2016 (serial tax avoidance: definition of indirect tax), after “climate change levy” insert—.
In paragraph 2(1) of Schedule 17 to F(No.2)A 2017 (disclosure of tax avoidance schemes: definition of indirect tax), after “climate change levy” insert—.
Registration of tax advisers: exceptions
A tax adviser does not contravene section 223(1) (prohibited interaction with HMRC) in any of the following circumstances—
where the adviser provides payroll, or other tax or accounting, software to a client for use in relation to the client’s tax affairs and the adviser interacts with HMRC in their capacity as such a provider;
where the adviser interacts with HMRC in relation to—
any matter relating to a duty of customs or to any provision, so far as relating to a duty of customs, made by or under the customs and excise Acts or Union customs legislation, or
any matter relating to a duty of excise or import VAT that is connected to a matter within sub-paragraph (i);
where the adviser is a VAT representative and interacts with HMRC in their capacity as such;
where the adviser is an IOSS representative and interacts with HMRC in their capacity as such;
where the adviser is a NI tax representative and interacts with HMRC in their capacity as such;
where the adviser is a UK representative and interacts with HMRC in their capacity as such;
where the adviser interacts with HMRC in relation to a tax that is not payable to HMRC (such as council tax or non-domestic rates);
where the adviser interacts with HMRC in relation to the provision of a valuation of property under section 10 of CRCA 2005 (the valuation office);
where the adviser interacts with HMRC in relation to a client who is a group undertaking in relation to the adviser;
where the adviser interacts with HMRC in relation to an appeal to a court or tribunal;
where the adviser interacts with HMRC in order to comply with an obligation of the adviser under any enactment (including this Act);
where the adviser interacts with HMRC in response to a request for information from HMRC.
In this paragraph—“the customs and excise acts” has the meaning given by section 1(1) of CEMA 1979 (interpretation);“group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006 (meaning of “undertaking” and related expressions);“import VAT” means value added tax chargeable by virtue of section 1(1)(c) of VATA 1994 (importation of goods into the United Kingdom);“IOSS representative” means a person registered as an IOSS representative under Schedule 9ZE to VATA 1994 (distance selling of goods imported to Northern Ireland: special accounting scheme) (see Part 5 of that Schedule);“NI tax representative” has the meaning given by regulation 76(2) of the Excise Goods (Holding, Movement and Duty Point) Regulations 2010 (S.I. 2010/593) (excise duty and distance sales: NI representatives), as those Regulations have effect subject to the Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559);“UK representative” has the meaning given by section 123 (vaping product duty: UK representatives);“Union customs legislation” has the meaning given by section 37(1) of TCTA 2018 (minor definitions);“VAT representative” has the meaning given by section 48(2A) of VATA 1994 (VAT representatives).
Registration of tax advisers: reviews and appeals
A person may appeal to the tribunal against a decision of an officer of Revenue and Customs in respect of any of the following matters—
whether to approve the person’s application for registration under section 230 (application for registration);
whether to suspend the person’s registration under section 232 (suspension of registration);
whether to give the person a compliance notice under section 233 (compliance notice);
whether to assess the person to a financial penalty under section 238 (failure to notify clients);
whether to approve an application under paragraph 10 (temporary relief from suspension of registration pending review or appeal: cases other than amount of tax etc overdue);
whether to revoke such an approval, or to impose or vary any conditions or restrictions that such an approval is subject to, under paragraph 10.
HMRC must offer a person a review of a decision that has been notified to the person if an appeal against the decision may be brought under paragraph 1.
The offer of a review must be made by notice to the person at the same time as the decision is notified to them.
This paragraph does not apply in relation to—
a decision mentioned in paragraph 1(g) or (h) (temporary relief from suspension of registration pending review or appeal: cases other than amount of tax etc overdue), or
a decision consisting of a conclusion of a review under this Schedule.
Where HMRC have offered a person a review of a decision under paragraph 2, the person may accept the offer by notice to HMRC within the period of 30 days beginning with the day on which notice of the offer was issued.
An officer of Revenue and Customs may by notice extend the period within which a person may accept the offer to—
the end of the period of 30 days beginning with the date of the notice, or
any other date set out in the notice or a further notice.
But an officer may not give a notice under sub-paragraph (2) after the period within which a person may accept the offer has ended.
Where HMRC have offered a person a review of a decision under paragraph 2, the person may accept the offer by notice to HMRC after the period for accepting the offer has ended if an officer of Revenue and Customs agrees.
An officer of Revenue and Customs must agree to an offer being accepted under this paragraph if the person has requested in writing that HMRC do so and the officer is satisfied that—
there was a reasonable excuse for not accepting the offer before the period for accepting the offer had ended, and
the request has been made without unreasonable delay after the excuse has ceased to apply.
If a request of the kind mentioned in sub-paragraph (2) is made, an officer of Revenue and Customs must notify the person whether they agree to the request.
Where HMRC have offered a person a review of a decision under paragraph 2, the person may not accept the offer under paragraph 3 or 4 if they have appealed to the tribunal against the decision.
This paragraph applies if a person accepts an offer under paragraph 3 or 4 to review a decision.
An officer of Revenue and Customs must review the decision.
The nature and extent of the review are to be such as appear appropriate to the officer in the circumstances.
The review must take account of any representations made by the person at a stage which gives the officer a reasonable opportunity to consider them.
The review may conclude that the decision is to be—
upheld,
varied, or
cancelled.
The officer must give the person notice of the conclusions of the review and their reasoning before the end of—
the period of 45 days beginning with the day on which HMRC received notice of the person’s acceptance of the offer to review the decision, or
such other period as the officer and the person may agree.
Where an officer of Revenue and Customs is required to undertake a review but does not give notice of the conclusions within the period specified in sub-paragraph (6), the review is to be treated as having concluded that the decision is upheld.
If sub-paragraph (7) applies, an officer of Revenue and Customs must notify the person of the conclusion which the review is treated as having reached.
This paragraph applies where HMRC have offered to review a decision that a person may appeal against to the tribunal.
The right of the person at any time to appeal to the tribunal depends on whether or not the person has accepted the offer at that time.
If the person has accepted the offer, the person—
may not appeal to the tribunal before the beginning of the post-review period;
may appeal to the tribunal after the end of that period only if the tribunal gives permission.
If the person has not accepted the offer, the person—
may appeal to the tribunal within—
the period of 30 days beginning with the day on which notice of the offer to review the decision was issued by HMRC, or
if the period for accepting the offer has been extended under paragraph 3(2), such extended period;
may appeal to the tribunal after the end of that period only if the tribunal gives permission.
In this paragraph “post-review period” means—
the period of 30 days beginning with the day on which notice of the conclusions of the review was issued by an officer of Revenue and Customs, or
where paragraph 6(7) applies, the period beginning with the end of the period specified in paragraph 6(6) and ending 30 days after the day on which the notification under paragraph 6(8) is issued by an officer of Revenue and Customs.
On an appeal under paragraph 1 that is notified to the tribunal, the tribunal may confirm, vary or cancel the decision.
This paragraph applies where—
an authorised officer of Revenue and Customs decides under section 232(1) to suspend a tax adviser’s registration,
the decision is made solely on the basis that the adviser or a relevant individual of the adviser does not meet the condition in section 227(2)(a) (amount of tax etc overdue), and
the adviser has—
accepted an offer under this Schedule to review the decision, or
appealed against the decision to the tribunal.
The adviser may apply to HMRC to suspend the effect of the decision pending the outcome of the review or appeal.
An authorised officer of Revenue and Customs must, by notice, approve an application made under sub-paragraph (2).
A notice under sub-paragraph (3) must—
state the date from which it has effect, and
in a case where the adviser’s registration has already been suspended, temporarily reinstate the adviser’s registration.
The day on which the approval of an application under this paragraph (including any temporary reinstatement of the adviser’s registration) expires is—
in a case where the decision to suspend the tax adviser’s registration is cancelled on a review under this Schedule, the day on which it is cancelled;
in a case where the decision to suspend the tax adviser’s registration is upheld on a review under this Schedule, the last day on which an appeal could be brought against that decision (ignoring any possibility of an appeal brought out of time with permission), unless paragraph (c) applies;
in a case where an appeal (other than an appeal brought out of time with permission) is brought in respect of the decision to suspend the tax adviser’s registration, the day on which the appeal is finally determined.
HMRC may specify in a notice published by them provision about the form, manner, timing and content of applications under this paragraph.
This paragraph applies where—
an authorised officer of Revenue and Customs decides under section 232 (suspension of registration) to suspend a tax adviser’s registration,
paragraph 9 (amount of tax etc overdue) does not apply in relation to the decision, and
the adviser has—
accepted an offer under this Schedule to review the decision, or
appealed against the decision to the tribunal.
The adviser may apply to HMRC to suspend the effect of the decision pending the outcome of the review or appeal.
An authorised officer of Revenue and Customs may, by notice, approve an application under sub-paragraph (2) only if they are satisfied that—
the adviser has demonstrated that if the application were not approved the adviser would be unable to continue as a going concern pending the final determination of the review or appeal, and
it is appropriate in all the circumstances to approve the application.
In determining whether it would be appropriate to approve the application, the officer must have regard to—
the prospect of the review or appeal succeeding;
any alternative steps available to, and taken by, the adviser to protect their position pending the final determination of the review or appeal;
whether the adviser has acted expeditiously in accepting the offer of the review or in bringing and progressing the appeal.
A notice under sub-paragraph (3) approving the application must—
state the date from which it has effect, and
in a case where the adviser’s registration has already been suspended, temporarily reinstate the adviser’s registration.
A notice under sub-paragraph (3) may approve an application subject to any conditions or restrictions specified in the notice.
The day on which the approval of an application under this paragraph (including any temporary reinstatement of the adviser’s registration) expires is—
in a case where the decision to suspend the tax adviser’s registration is cancelled on a review under this Schedule, the day on which it is cancelled;
in a case where the decision to suspend the tax adviser’s registration is upheld on a review under this Schedule, the last day on which an appeal could be brought against that decision (ignoring any possibility of an appeal brought out of time with permission), unless paragraph (c) applies;
in a case where an appeal (other than an appeal brought out of time with permission) is brought in respect of the decision to suspend the tax adviser’s registration, the day on which the appeal is finally determined.
An authorised officer of Revenue and Customs may, by notice, revoke the approval of an application under this paragraph, or vary the conditions or restrictions to which it is subject, if they are satisfied that a change in circumstances justifies doing so.
HMRC may specify in a notice published by them provision about the form, manner, timing and content of applications under this paragraph.
Conduct of tax advisers
Amendments to Schedule 38 to FA 2012
Schedule 38 to FA 2012 (tax agents: dishonest conduct) is amended in accordance with this Part.
For the Schedule heading substitute “Tax advisers: sanctionable conduct”.
In paragraph 1 (overview)—
in paragraph (a)—
for “agent” substitute “adviser”;
for “dishonest” substitute “sanctionable”;
omit paragraph (b);
after paragraph (c) insert—;
in paragraph (d), for “dishonest” substitute “sanctionable”.
For paragraph 2 and the italic heading before it (tax agent) substitute—
In the italic heading before paragraph 3, for “Dishonest” substitute “Sanctionable”.
In paragraph 3 (dishonest conduct)—
for sub-paragraph (1) substitute—;
in sub-paragraph (3), for “individual” substitute “person”;
for sub-paragraph (7) substitute—
Omit Part 2 (establishing dishonest conduct).
In the Part 3 heading, for “agent’s” substitute “adviser’s”.
In paragraph 7 (circumstances in which power is exercisable)—
in sub-paragraph (1), after “and” insert “, in respect of a person other than a tax adviser,”;
after sub-paragraph (1) insert—;
for sub-paragraph (2) substitute—;
in sub-paragraph (3)—
in paragraph (a), for “an individual” substitute “a person”;
in paragraph (b)—
for “individual” (in each place it occurs) substitute “person”;
for “agent” (in each place it occurs) substitute “adviser”;
in sub-paragraph (4), in the opening words—
omit “determination or”;
omit “confirmed or”;
in sub-paragraph (5)—
in the opening words, for “agent” substitute “adviser”;
in paragraphs (a) and (b), for “individual” substitute “person”;
in sub-paragraph (6)—
for “individual” substitute “person”;
for “agent” substitute “adviser”.
In paragraph 8(2)(a) (file access notice), for “agent” substitute “adviser”.
In paragraph 9 (relevant documents)—
in sub-paragraph (1)—
for “agent’s” substitute “adviser’s”;
for “agent” (in each place it occurs) substitute “adviser”;
in sub-paragraph (3), omit paragraph (b) and the “and” before it.
In paragraph 10 (content of file access notice)—
in sub-paragraph (1), after “may” insert “, subject to sub-paragraph (1A),”;
after sub-paragraph (1) insert—;
in sub-paragraph (2)—
for “A file” substitute “In a case falling within Case B (see paragraph 7), a file”;
for “agent” substitute “adviser”;
in sub-paragraph (3), for “agent” (in each place it occurs) substitute “adviser”.
In paragraph 13 (approval of file access notice by tribunal)—
in sub-paragraph (1)(d), for “agent” substitute “adviser”;
in sub-paragraph (2)—
for “an individual” substitute “a person”;
for “dishonest” substitute “sanctionable”.
In paragraph 20 (appeal against file access notice)—
in sub-paragraph (1), for “agent” substitute “adviser”;
after sub-paragraph (1) insert—;
in sub-paragraph (2), in the opening words, after “appeal” insert “under sub-paragraph (1) or (1A)”.
After paragraph 23 insert—
After paragraph 25 insert—
After Part 3 insert—
In the Part 4 heading, for “dishonest” substitute “sanctionable”.
For paragraph 26 and the italic heading before it (penalty for dishonest conduct) substitute—
In paragraph 27 (special reduction)—
in sub-paragraph (1)—
for “an individual” substitute “a person”;
omit “of £5,000”;
in sub-paragraph (2)(a), omit “to an amount below £5,000 (which may be nil)”.
In paragraph 28 (power to publish details)—
for sub-paragraph (1), substitute—;
in sub-paragraph (2)—
in paragraph (a), for “individual’s” substitute “person’s”;
in paragraph (b), for “individual’s address” substitute “person’s postcode”;
in paragraph (c), for “individual” substitute “person”;
in paragraph (e), for “dishonest” substitute “sanctionable”;
in paragraph (f), for “individual’s” substitute “person’s”;
in paragraph (g), for “dishonest” substitute “sanctionable”;
omit sub-paragraph (3);
in sub-paragraph (4)—
after “(5)” insert “, (7)”;
for “an individual” substitute “a person”;
in sub-paragraph (5)—
for “agent” substitute “adviser”;
for “the individual” substitute “an individual”.
In paragraph 29 (assessment of penalties)—
in sub-paragraph (2), for the words from “and either” to the end substitute “and not withdrawn”;
omit sub-paragraph (3).
In paragraph 30 (deadline for assessment)—
in sub-paragraph (3)(a), omit “(see paragraph 29(2))”;
in sub-paragraphs (4) and (5), for “dishonest” substitute “sanctionable”.
In paragraph 31 (appeal against penalty)—
in sub-paragraph (1)(a), after “Part 3” insert “or 4”;
after sub-paragraph (1) insert—
In paragraph 35 (power to change amount of penalties)—
for sub-paragraph (1) substitute—;
omit sub-paragraph (2).
In paragraph 37(1) (meaning of “tax”), after paragraph (la) insert—.
In paragraph 38—
in the definition of “client”—
in paragraph (a), for “paragraph 2(1)” substitute “paragraph 2(4)”;
omit paragraph (b);
in the definition of “conduct notice”, for “paragraph 4” substitute “paragraph 25B”;
in the definition of “organisation”, for “includes any person or firm” substitute “means any body corporate, partnership or other organisation”.
Omit paragraph 39 (clients).
In paragraph 40 (loss of tax revenue), for “dishonest” substitute “sanctionable”.
Consequential amendments
In section 110ZA(2A) of the Social Security Administration Act 1992 (class 1, 1A, 1B or 2 contributions: powers to call for documents etc), for “tax agent’s” substitute “tax adviser’s”.
In section 104ZA(2A) of the Social Security Administration (Northern Ireland) Act 1992 (class 1, 1A, 1B or 2 contributions: powers to call for documents etc), for “tax agent’s” substitute “tax adviser’s”.
In regulation 9(2) of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009 (S.I. 2009/128) (student loan repayments: penalties), for “Tax Agents: Dishonest Conduct” substitute “tax advisers: sanctionable conduct”.
In regulation 13(2) of the Education (Student Loans) (Repayment) Regulations 2009 (S.I. 2009/470) (student loan repayments: penalties), for “Tax Agents: Dishonest Conduct” substitute “tax advisers: sanctionable conduct”.
In section 223 of FA 2012 (tax agents: dishonest conduct)—
for the heading substitute “Tax advisers: sanctionable conduct”;
in subsection (1)—
for “agents” substitute “advisers”;
for “dishonest” substitute “sanctionable”.
In the Social Security (Contributions) (Amendment and Application of Schedule 38 to the Finance Act 2012) Regulations 2013 (S.I. 2013/622)—
for the Part 5 heading substitute “Tax advisers: sanctionable conduct”;
in regulation 41 (application of Schedule 38 to the Finance Act 2012), for “tax agents: dishonest conduct” substitute “tax advisers: sanctionable conduct”.
In regulation 6 of the Small Charitable Donations Regulations 2013 (S.I. 2013/938) (agents of the charity: information powers and penalties)—
in paragraph (1)—
for “tax agents: dishonest conduct” substitute “tax advisers: sanctionable conduct”;
for “to tax agents” substitute “to tax advisers”;
in paragraph (2)(a), for “agent” substitute “adviser”.
In Schedule 34 to FA 2014 (promoters of tax avoidance schemes: threshold conditions), for paragraph 4 and the italic heading before it (dishonest tax agents) substitute—
Data-gathering
Power to require provision of data to HMRC on an ongoing basis
The Treasury may by regulations make provision requiring a relevant data-holder to provide to HMRC on an ongoing basis any data specified for that type of relevant data-holder.
Regulations under this paragraph may make provision requiring data to be provided—
in relation to specified recurring periods;
at specified times or within specified periods;
in a specified form and manner.
The power in this paragraph is exercisable only to assist with the efficient and effective discharge of HMRC's tax functions—
whether a particular function or more generally, and
whether involving a particular taxpayer or taxpayers generally.
Regulations under this paragraph may not require a relevant data-holder to provide data for the purpose of HMRC checking the relevant data-holder’s own tax position.
Sub-paragraph (4) does not—
prevent regulations from requiring a relevant data-holder to provide data about a matter mentioned in paragraph 14(3)(a) of Schedule 23 to FA 2011 (beneficial ownership of certain payments etc), or
limit the use that may be made of data obtained under this Schedule (see section 17(1) of CRCA 2005).
In this Schedule “relevant data-holder” has the same meaning as in Schedule 23 to FA 2011 (data-gathering powers) (see Part 2 of that Schedule).
A relevant data-holder is not required by regulations under paragraph 1 to provide data to HMRC unless the data are within their possession or power.
The Treasury may by regulations make provision requiring a relevant-data holder to make reasonable efforts to obtain any specified identifying information that the relevant data-holder would, but for sub-paragraph (1), be required to provide to HMRC.
In this Schedule “identifying information” means any information which identifies a person or an account including, in particular, a company’s registered number, a national insurance number, a unique taxpayer reference, a VAT registration number or any other unique government-issued identifier associated with a person or account.
The Treasury may by regulations make provision requiring a relevant data-holder to—
take specified steps to verify relevant data before providing them to HMRC,
keep a record of—
the relevant data, and
the steps taken by the relevant data-holder under paragraph (a) in relation to the relevant data, and
preserve those records for a specified period.
In this paragraph “relevant data” means data that a relevant-data holder is required by regulations under paragraph 1 to provide to HMRC.
The Treasury may by regulations make provision requiring a relevant data-holder to provide data to a specified person (other than HMRC) in circumstances where—
the relevant data-holder is required by regulations under paragraph 1 to provide the data to HMRC, and
the data relate to the specified person.
Regulations under this paragraph may make provision requiring data to be provided—
at a specified time or within a specified period;
in a specified form and manner.
The Treasury may by regulations make provision requiring a relevant data-holder to notify HMRC in circumstances where the relevant data-holder is required by regulations under paragraph 1 to provide data to HMRC.
Regulations under this paragraph may make provision requiring a notification to be given—
within a specified period;
in a specified form and manner.
Where an officer of Revenue and Customs reasonably suspects that a person is not complying with their obligations under this Part of this Schedule, or regulations made under it, the officer may by notice require the person to provide such information as the officer reasonably requires in order to determine whether the person is complying with such obligations.
Information required by a notice under this paragraph must be provided—
within the period specified in the notice, being a period of no less than 30 days, and
in the form and manner specified in the notice.
Penalties and appeals
If a person fails to comply with a requirement in regulations under paragraph 1 (provision of data to HMRC on an ongoing basis) or paragraph 2 (data within possession or power), the person is liable—
to a penalty not exceeding £5,000, and
if the failure continues after notice of an assessment of a penalty under paragraph (a) is issued, to a penalty or penalties not exceeding £600 for each subsequent day on which the failure continues.
If a person fails to comply with a requirement in regulations under paragraph 3(1)(a) (due diligence), the person is liable to a penalty not exceeding £100.
Where the failure relates to verifying data about more than one person or account, a penalty is payable in respect of each person or account.
If a person fails to comply with a requirement in regulations under paragraph 3(1)(b) or (c) (record-keeping), the person is liable to a penalty not exceeding £5,000.
If a person fails to comply with a requirement in regulations under paragraph 4 (provision of data to persons other than HMRC), the person is liable—
to a penalty not exceeding £5,000, and
if the failure continues after notice of an assessment of a penalty under paragraph (a) is issued, to a penalty or penalties not exceeding £600 for each subsequent day on which the failure continues.
If a person fails to comply with a requirement in regulations under paragraph 5 (notification to HMRC), the person is liable to a penalty not exceeding £1,000.
If a person fails to comply with a requirement in paragraph 6 (compliance), the person is liable—
to a penalty not exceeding £5,000, and
if the failure continues after notice of an assessment of a penalty under paragraph (a) is issued, to a penalty or penalties not exceeding £600 for each subsequent day on which the failure continues.
If a person, in purported compliance with a requirement in regulations under paragraph 1, provides inaccurate or incomplete data to HMRC, the person is liable to a penalty not exceeding £100 where—
the inaccuracy or incompleteness is deliberate,
the inaccuracy or incompleteness is due to a failure to take reasonable care, or
the person discovers the inaccuracy or incompleteness some time later and fails to take reasonable steps to inform HMRC.
Where the inaccuracy or incompleteness relates to data about more than one person or account, a penalty is payable in respect of each person or account.
Liability to a penalty under any of paragraphs 7 to 12 does not arise if the person satisfies an officer of Revenue and Customs or, on an appeal notified to the tribunal, the tribunal that there is a reasonable excuse for the failure.
For the purposes of this paragraph none of the following is a reasonable excuse—
that there is an insufficiency of funds to do something;
that a person relies upon another person to do something.
If a person had a reasonable excuse for a failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased.
A person is not liable to penalties under more than one of paragraph 8 (failure to apply due diligence procedures), paragraph 9 (failure to keep or preserve records) and paragraph 13 (inaccurate or incomplete data) in respect of the same act or omission.
Where, apart from sub-paragraph (1), a person would be so liable, the person is liable to a penalty in respect of that act or omission under whichever one of paragraphs 8, 9 or 13 is, in the opinion of an officer of Revenue and Customs, appropriate in the circumstances.
A person is not liable to a penalty under this Schedule in respect of anything in respect of which the person has been convicted of an offence.
A failure to do anything required to be done within a limited period of time does not give rise to liability to a penalty under this Schedule if the thing was done within such further time (if any) as an officer of Revenue and Customs may have allowed.
An officer of Revenue and Customs may assess a penalty under any of paragraphs 7 to 13 and set it at such amount as, in the opinion of the officer, is appropriate.
Notice of an assessment of a penalty under this paragraph must—
be given to the person liable to the penalty, and
state the date on which it is issued and the time within which an appeal against the assessment may be made.
Subject to sub-paragraph (4), after a notice of assessment of a penalty under this paragraph has been given, the assessment must not be altered except on appeal.
If it is discovered by an officer of Revenue and Customs that the amount of a penalty under paragraph 7(b), 10(b) or 12(b) which has been assessed under this paragraph is or has become insufficient, the officer may make an assessment in a further amount so that the penalty is set at the amount which, in the opinion of that officer, is appropriate.
An assessment of a penalty under paragraph 7, 9, 10, 11 or 12 must be made within the period of 12 months beginning with the date on which the person became liable to the penalty.
An assessment of a penalty under paragraph 8 or 13 must be made—
within the period of 12 months beginning with the date on which the inaccuracy, incompleteness or failure first came to the attention of an officer of Revenue and Customs, and
within the period of 6 years beginning with the date on which the person became liable to the penalty.
A penalty assessed under paragraph 18—
is due and payable at the end of the period of 30 days beginning with the day on which the notice of assessment is issued, and
is, subject to paragraph (a), to be treated for all purposes as if it were tax charged in an assessment and due and payable.
A person may appeal against a penalty assessment under paragraph 18—
on the grounds that liability to the penalty does not arise, or
as to the amount of the penalty.
Notice of an appeal must—
state the grounds of appeal, and
be given in writing to HMRC before the end of the period of 30 days beginning with the date on which notice of the assessment under paragraph 18 was issued.
Subject to sub-paragraph (4), the provisions of Part 5 of TMA 1970 relating to appeals have effect in relation to appeals under this paragraph as they have effect in relation to an appeal against an assessment to income tax.
On an appeal under this paragraph that is notified to the tribunal, the tribunal may—
if it appears that no liability to a penalty has arisen, set the assessment aside,
if the amount assessed appears to be appropriate, confirm the assessment,
if the amount assessed appears to be excessive, reduce it to such other amount (including nil) as the tribunal considers appropriate, or
if the amount assessed appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the tribunal considers appropriate.
General
The Treasury may by regulations amend any of paragraphs 7 to 13 so as to increase or reduce the amount of a penalty for the time being specified in those paragraphs.
Regulations under this Schedule may—
make different provision for different purposes;
provide for exceptions to any requirement imposed by the regulations;
make provision by reference to things specified in a notice that is—
published by HMRC in accordance with the regulations, and
not withdrawn by a further notice;
make consequential, supplementary, incidental, transitional or saving provision.
Regulations under paragraph 1 (provision of data to HMRC on an ongoing basis) or 3 (due diligence and record-keeping) may make provision by reference to a document as amended from time to time.
Regulations under this Schedule are to be made by statutory instrument.
A statutory instrument containing regulations under paragraph 21 (power to change amount of penalties) which increase the amount of a penalty by more than is necessary to reflect a change in the value of money may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
Any other statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of the House of Commons.
Subject to the provisions of this Schedule, the following provisions of TMA 1970 apply for the purposes of this Schedule as they apply for the purposes of the Taxes Acts—
section 108 (responsibility of company officers);
section 114 (want of form);
section 115 (delivery and service of documents).
This Schedule, other than a provision of it that confers a power to make regulations, applies to the Crown but not to His Majesty in His private capacity (within the meaning of the Crown Proceedings Act 1947).
Regulations under this Schedule may be made so as to apply to the Crown, but not so as to apply to His Majesty in His private capacity (within the meaning of the Crown Proceedings Act 1947).
In this Schedule—“HMRC” means His Majesty’s Revenue and Customs;“relevant data-holder” has the meaning given in paragraph 1;“specified”, in relation to regulations, means specified or described in the regulations;“tax” has the same meaning as in Schedule 23 to FA 2011 (see paragraph 45 of that Schedule);“tribunal” means the First-tier Tribunal or Upper Tribunal as determined under Tribunal Procedure Rules.