SCHEDULES

Section 1.

SCHEDULE 1U.K. Quantification of a privatisation windfall

The basic ruleU.K.

1(1)Subject to paragraph 7 below, where a company was benefitting on 2nd July 1997 from a windfall from the flotation of an undertaking whose privatisation involved the imposition of economic regulation, the amount of that windfall shall be taken for the purposes of this Part to be the excess (if any) of the amount specified in sub-paragraph (2)(a) below over the amount specified in sub-paragraph (2)(b) below.U.K.

(2)Those amounts are the following amounts (determined in accordance with paragraphs 2 to 6 below), that is to say—

(a)the value in profit-making terms of the disposal made on the occasion of the company’s flotation; and

(b)the value which for privatisation purposes was put on that disposal.

Value of a disposal in profit-making termsU.K.

2(1)Subject to paragraph 4 below, the value in profit-making terms of the disposal made on the occasion of a company’s flotation is the amount produced by multiplying the average annual profit for the company’s initial period by the applicable price-to-earnings ratio.U.K.

(2)For the purposes of this paragraph the average annual profit for a company’s initial period is the amount produced by the following formula—

(3)For the purposes of this paragraph the applicable price-to-earnings ratio is 9.

Value put on a disposal for privatisation purposesU.K.

3(1)Subject to paragraph 4 below, the value which for privatisation purposes was put on the disposal made on the occasion of a company’s flotation is the amount produced by multiplying the institutional price by the number of shares comprised in the ordinary share capital of the company at the time of its flotation.U.K.

(2)In this paragraph “the institutional price”, in relation to a company, means the highest fixed price per share at which publicly-owned shares in the company were offered for disposal on the occasion of the company’s flotation.

(3)Subject to sub-paragraph (4) below, where publicly-owned shares in a company were offered for disposal in accordance with any arrangements for the payment of the price in two or more instalments, the price per share at which those shares were offered shall be ascertained by aggregating the instalments.

(4)Where the arrangements under which any publicly-owned shares in a company were offered for disposal provided for any discount on the payment of the whole or any part of the price for those shares, that discount shall be disregarded for the purposes of this paragraph in determining the price per share at which those shares were offered.

Cases where company privatised in stagesU.K.

4(1)For the purposes of this Schedule, where the disposal percentage in the case of any company was 85 per cent. or less—U.K.

(a)the value in profit-making terms of the disposal made on the occasion of the company’s flotation, and

(b)the value which for privatisation purposes was put on that disposal,

shall each be taken to be the disposal percentage of the amount which, under paragraph 2 or 3 above, would be the amount of that value but for this paragraph.

(2)For the purposes of this paragraph “the disposal percentage”, in relation to any company, means the percentage which expresses (in terms of nominal value) how much of the ordinary share capital of the company at the time of its flotation was represented by the publicly-owned shares in the company offered for disposal on the occasion of the company’s flotation.

Total profits for the initial periodU.K.

5(1)For the purposes of paragraph 2 above the amount of the total profits for a company’s initial period is the sum of the amounts falling within sub-paragraph (2) below.U.K.

(2)Subject to sub-paragraph (3) and paragraph 6(3) below, those amounts are every amount which, for a financial year of the company ending in or at the end of its initial period, is shown in the relevant accounts for that year—

(a)where those accounts are prepared in accordance with section 227 of the M1Companies Act 1985 (group accounts), as the profit of that company and its subsidiary undertakings for that year; and

(b)in any other case, as the profit of that company for that year.

(3)Where—

(a)any profit shown in the relevant accounts of a company for any financial year has been computed using a current cost accounting method, but

(b)the information which was contained in those accounts, or which was provided to the registrar together with those accounts, included information from which it can be ascertained what that profit would have been if an historical cost accounting method had been used,

the amount shown as that profit in those accounts shall be deemed to be the amount (as ascertained from that information) which would have been so shown if that historical cost accounting method had been used.

(4)In this paragraph references, in relation to any financial year of a company, to the relevant accounts are references to any such accounts for that year as have been or are delivered to the registrar under section 242 of the Companies Act 1985 and consist—

(a)in the case of a financial year at the end of which the company was a parent undertaking, in consolidated group accounts prepared in accordance with section 227 of that Act (group accounts); and

(b)in any other case, in accounts prepared in accordance with section 226 of that Act (individual accounts).

(5)Subject to sub-paragraph (6) below, references in this paragraph to the amount shown in any accounts as the profit for any financial year are references to the amount of the profit (if any) for that year which is set out in the profit and loss account comprised in those accounts as the item which is, or is the equivalent of, the final item of the statutory format which for that year was used for that profit and loss account.

(6)Where any amount shown in any accounts is less than it would have been if no provision or other deduction had been made—

(a)in relation to the windfall tax, or

(b)in anticipation of the imposition of a charge with characteristics similar to those of the windfall tax,

this Schedule shall have effect as if the amount shown were the amount it would have been if that provision or deduction had not been made.

(7)Nothing in this paragraph shall, in the case of any company—

(a)prevent any charge to windfall tax from being treated as having arisen on 2nd July 1997 by reference to accounts delivered to the registrar after that date; or

(b)prevent any requirement to pay an instalment of windfall tax, or any other liability under Schedule 2 to this Act, from arising before the delivery to the registrar of the accounts by reference to which the amount of that charge is computed;

and any power of the Board under that Schedule to make an assessment shall include power to make an assessment on the basis that accounts will be delivered to the registrar showing such amounts as may, to the best of their judgement, be determined by the Board.

(8)Subject to sub-paragraph (9) below, this paragraph shall have effect in relation to any time at which the M2Companies Act 1985 had effect without the amendments made by the M3Companies Act 1989—

(a)as if the references in sub-paragraphs (2) and (4) above to sections 226, 227 and 242 of the Companies Act 1985 were references, respectively, to sections 227, 229 and 241 of that Act, as it had effect without those amendments;

(b)as if the reference in sub-paragraph (2) above to a company’s subsidiary undertakings were a reference to its subsidiaries (within the meaning of that Act as it so had effect); and

(c)as if the reference in sub-paragraph (4)(a) above to a company’s being a parent undertaking were a reference to its having such subsidiaries.

(9)In relation to a company formed and registered in Northern Ireland, this paragraph shall have effect as if the references in sub-paragraphs (2) and (4) above to sections 226, 227 and 242 of the Companies Act 1985 were references, respectively, to Articles 234, 235 and 250 of the M4Companies (Northern Ireland) Order 1986.

(10)In this paragraph—

• “the registrar” means—

  (a)

  except in relation to a company formed and registered in Northern Ireland, the registrar within the meaning of the Companies Act 1985; and

  (b)

  in relation to a company so formed and registered, the registrar within the meaning of the Companies (Northern Ireland) Order 1986;

  and

• “statutory format”, in relation to a profit and loss account, means a format set out in the provisions (as they had effect in relation to that account) of Schedule 4 to the Companies Act 1985 or Schedule 4 to the Companies (Northern Ireland) Order 1986.

Meaning of the initial period etcU.K.

6(1)In this Schedule “initial period”, in relation to a company privatised by means of a flotation, means (subject to sub-paragraph (2) below) the period which—U.K.

(a)begins with the first day of the first financial year of the company to begin after the time of its flotation; and

(b)ends with the end of the fourth financial year of the company to begin after the time of its flotation.

(2)Where the initial period of a company privatised by means of a flotation would (but for this sub-paragraph) include any time on or after 1st April 1997, sub-paragraph (1) above shall not apply and the initial period of that company shall be taken, instead, to be the period which—

(a)begins with the day on which the time of its flotation falls; and

(b)ends with the end of the last financial year of the company to end before 1st April 1997.

(3)Where—

(a)sub-paragraph (2) above applies for determining a company’s initial period, and

(b)there is a financial year of that company beginning before but ending after the beginning of that initial period,

the amount which for that year is shown as mentioned in paragraph 5(2) above shall be included in the sums added together for the purposes of paragraph 5(1) above to the extent only that that amount is attributable, on an apportionment made in accordance with the following provisions of this paragraph, to the part of that year falling within the company’s initial period.

(4)Except in a case where sub-paragraph (5) below applies, an apportionment for the purposes of sub-paragraph (3) above shall be made on a time basis according to the respective lengths of—

(a)the part of the financial year falling before the beginning of the company’s initial period; and

(b)the remainder of that financial year.

(5)Where the circumstances of a particular case are such that—

(a)the making of an apportionment on the basis mentioned in sub-paragraph (4) above would work in a manner that would be unjust or unreasonable, but

(b)it would be just and reasonable to make the apportionment on the alternative basis,

the apportionment shall be made, instead, on the alternative basis.

(6)For the purposes of this paragraph an apportionment in the case of any company of the amount shown for any financial year as a profit for that year is made on the alternative basis where it is made according to how much of that profit accrued in each of the two parts of that financial year that are mentioned in sub-paragraph (4) above.

Apportionment between demerged successors and predecessorsU.K.

7(1)This paragraph applies where—U.K.

(a)a company (“the predecessor company”) was benefitting on 2nd July 1997 from a windfall from the flotation of an undertaking whose privatisation involved the imposition of economic regulation; and

(b)another company which on that date was a demerged successor of the predecessor company is also taken for the purposes of this Part to have been benefitting from such a windfall on that date.

(2)Where this paragraph applies—

(a)the amount of the windfall from which the predecessor company was benefitting on 2nd July 1997 shall be equal to only the appropriate fraction of the amount (“the total windfall”) which (but for this paragraph) would have been the amount of that windfall under paragraphs 1 to 6 above; and

(b)the amount of the windfall from which the demerged successor shall be taken to have been benefitting on that date shall be equal to the remainder of the total windfall.

(3)In this paragraph “the appropriate fraction” means the following fraction—

(4)For the purposes of this paragraph references to the market price of shares on any day are references to the sum of—

(a)the lower of the two prices shown in the Stock Exchange Daily Official List for that day as the closing prices for the shares on that day; and

(b)one half of the difference between those two prices.

(5)In this paragraph “the relevant day” means the day on which shares in the demerged successor were first listed on the Official List of the Stock Exchange.

General interpretation of the ScheduleU.K.

8(1)In this Schedule “financial year”, in relation to a company, means (subject to sub-paragraph (2) below)—U.K.

(a)a financial year of that company within the meaning of Part VII of the M5Companies Act 1985; or

(b)any period which—

(i)began before the coming into force of section 3 of the M6Companies Act 1989 (new definition of financial year); and

(ii)was a financial year of that company for the purposes of that Part, as it had effect without the amendments made by that section.

(2)Sub-paragraph (1) above does not apply to a company formed and registered in Northern Ireland; and in relation to such a company, references in this Schedule to a financial year are references to a financial year within the meaning of Part VIII of the M7Companies (Northern Ireland) Order 1986.

(3)In this Schedule references, in relation to a company privatised by means of a flotation, to the shares offered for disposal on the occasion of the company’s flotation are references to the following shares in that company, that is to say—

(a)those that were the subject-matter of the offer to the public in respect of which that company is regarded for the purposes of this Part as having been so privatised; and

(b)any publicly-owned shares not falling within paragraph (a) above that were the subject-matter of an offer for disposal made on the same occasion as the offer mentioned in that paragraph.

(4)References in this Schedule to an offer for the disposal of shares in a company include references to any offer to transfer or confer an immediate or contingent right to or interest in any such shares, whether or not for a consideration; and (subject to sub-paragraph (5) below) references to the shares that are the subject-matter of such an offer shall be construed accordingly.

(5)For the purposes of sub-paragraph (3) above where—

(a)an offer for the disposal of publicly-owned shares in a company contained provision for a person to become entitled to further shares in that company if he satisfied conditions specified in the offer, and

(b)those conditions included a condition as to the period for which shares in that company continued to be held by that person,

shares which (apart from this sub-paragraph) would fall to be treated as the subject-matter of the offer by virtue only of that provision shall be treated as the subject-matter of the offer to the extent only that persons did in fact become entitled to them before 2nd July 1997 as a result of having satisfied the conditions in question.

(6)In this Schedule a reference, in relation to any time, to the ordinary share capital of a company is a reference to the following, taken together, that is to say—

(a)the shares comprised in the ordinary share capital of the company (within the meaning of the Tax Acts); and

(b)any shares that would have been so comprised at that time if the issued share capital of the company at that time had included any shares in the company that had been allotted but not issued.

Section 3.

SCHEDULE 2U.K. Administration and collection of windfall tax

ReturnsU.K.

1(1)The Board may by notice require any company which in their opinion is or may be a chargeable company to deliver to the Board a return complying with this paragraph.U.K.

(2)A company which has been required under this paragraph to deliver a return to the Board shall do so—

(a)except in a case where the Board’s notice requiring the return is given after 1st November 1997, on or before 1st December 1997; and

(b)in the excepted case, before the end of the period of 30 days beginning with the day after that on which that notice is given.

(3)A return delivered to the Board under this paragraph must—

(a)set out the amount of windfall tax (if any) with which the company is charged;

(b)contain all such information about the matters mentioned in sub-paragraph (4) below as the Board may reasonably require; and

(c)be accompanied by all such accounts, statements and other records as the Board may reasonably require.

(4)Those matters are—

(a)the method used for the computation of any amount set out in the return as the amount of windfall tax with which the company is charged;

(b)the accounts, statements and other records by reference to which the computation of any amount so set out has been made;

(c)any group of companies of which that company is or has at any time been a member; and

(d)any other matters relevant to the extent of any liability of the company under this Part.

(5)A return delivered to the Board under this paragraph—

(a)shall be in such form as the Board may require; and

(b)shall contain a declaration by the person making the return that it is correct and complete.

(6)Where—

(a)a company has delivered a return to the Board under this paragraph, and

(b)that return sets out any amount as the amount of windfall tax with which the company is charged,

that amount shall be taken, except in so far as any other amount is assessed or otherwise determined under the following provisions of this Schedule, to be the amount of windfall tax with which that company is charged.

(7)Where—

(a)the Board have, at any time before the passing of this Act, given notice to any company requiring it to deliver a return, and

(b)that notice stated that it was given in anticipation of the passing of this Act and that, in the opinion of the Board, the company is likely to be a chargeable company,

that notice shall have effect on and after the day on which this Act is passed as if it were a notice given on that day in exercise of the power conferred by sub-paragraph (1) above.

Notification of liability and failure to make returnU.K.

2(1)If a chargeable company has not, before 1st December 1997, either—U.K.

(a)given notice to the Board that it is a chargeable company, or

(b)been required by a notice under paragraph 1(1) above to deliver a return to the Board,

that company shall be liable to a penalty of an amount not exceeding the amount of the windfall tax with which it is charged.

(2)A company which—

(a)has been required by a notice under sub-paragraph (1) of paragraph 1 above to deliver a return to the Board, and

(b)fails to deliver the required return in accordance with that paragraph,

shall be liable to the penalties set out in sub-paragraph (3) below.

(3)Those penalties are—

(a)a penalty of £3,000;

(b)in a case where the required return has not been delivered by the end of three months from the relevant time, a penalty (in addition to the penalty under paragraph (a) above) of an amount not exceeding 10 per cent. of the amount of windfall tax with which that company is charged; and

(c)in a case where the required return has not been delivered by the end of six months from the relevant time, a penalty (in addition to the penalties under paragraphs (a) and (b) above) of an amount not exceeding 20 per cent. of the amount of windfall tax with which that company is charged.

(4)In sub-paragraph (3) above “the relevant time”, in relation to the delivery of a return, means the time by which that return should under paragraph 1(2) above have been delivered.

Payment of windfall taxU.K.

3(1)The amount of windfall tax with which a chargeable company is charged shall be paid by that company in two instalments as follows—U.K.

(a)one half of the amount charged shall be paid on or before 1st December 1997; and

(b)the rest shall be paid on or before 1st December 1998.

(2)The Board, if requested to do so, shall give a receipt for any windfall tax paid.

(3)The application by this Schedule of any enactment referring to the time at which an amount of tax becomes due and payable shall have effect, in relation to an amount of windfall tax, as if it referred to the time by which that amount is required to be paid under this paragraph.

General power to make assessmentsU.K.

4(1)Subject to the following provisions of this Schedule, the amount of windfall tax with which a company is charged may be assessed on that company by the Board.U.K.

(2)An assessment of the amount of windfall tax with which a company is charged may be made whether or not any amount has been paid by that company in respect of that tax when the assessment is made.

(3)Subject to sub-paragraph (4) below, where—

(a)a company has delivered a return to the Board in pursuance of paragraph 1 above, and

(b)the Board are satisfied that the return is correct and complete,

the Board shall make an assessment in accordance with the return.

(4)The Board shall not be required to make an assessment under sub-paragraph (3) above in the case of a company whose return shows that it is not charged with windfall tax.

(5)Where the Board make an assessment under this paragraph in a case in which the assessment is not one which the Board are required to make under sub-paragraph (3) above in accordance with a return, the Board’s assessment shall be made to the best of their judgement.

Power to make assessments on discovery of unassessed liabilitiesU.K.

5(1)If the Board discover that any company which—U.K.

(a)has made a return in relation to which paragraph 4(4) above applied, or

(b)has been assessed to an amount of windfall tax,

has not been assessed to as much windfall tax as it should have been, they may make an assessment or further assessment of the amount which, in their opinion, is windfall tax with which that company is charged but to which it has not been assessed.

(2)Where—

(a)the Board discover that an amount of windfall tax has been repaid which ought not to have been repaid, and

(b)that amount is not assessable under sub-paragraph (1) above,

that amount may be assessed by the Board, and recovered under this Schedule from the company to which it was repaid, as if it were an amount of windfall tax which that company is liable to pay.

(3)Where the amount of any assessment to windfall tax is reduced, the company assessed shall not for the purposes of this paragraph be treated, at any time after the reduction, as having been already assessed to the amount of windfall tax comprised in the reduction.

Supplemental provisions about assessmentsU.K.

6(1)An assessment shall not be made under this Schedule at any time on or after 1st December 2003.U.K.

(2)Where an assessment is made under this Schedule, notice of that assessment shall be served on the company assessed.

(3)The notice of any assessment under this Schedule must state—

(a)the date on which it is issued; and

(b)the time within which any appeal against the assessment may be made.

(4)After the notice of any assessment under this Schedule has been served on the company assessed—

(a)the assessment shall not be withdrawn;

(b)the assessment shall not be amended, except in accordance with provision made or applied by this Schedule; and

(c)the company shall not, except in accordance with any provision so made or applied, be entitled to the repayment of any amount on the grounds that the amounts of windfall tax assessed on that company are excessive.

(5)Where notice of any assessment under this Schedule has been served on the company assessed, the amount of the assessment—

(a)shall be deemed (subject to the provisions of this Schedule) to be an amount of windfall tax with which that company is charged; and

(b)subject to the provisions of this Part about the payment of windfall tax in instalments, may be recovered accordingly.

(6)Liability to pay an instalment of windfall tax does not depend on the making of an assessment; and nothing in the provisions of this Schedule about the making of assessments shall affect the times which are taken for the purposes of this Part to be the times by which companies are required under paragraph 3 above to pay instalments of windfall tax.

Claims to relieve double assessmentU.K.

7(1)If, on a claim made to the Board, it appears to their satisfaction that a company has been assessed to the same amount of windfall tax more than once, the Board shall direct that so much of any assessment made on that company under this Schedule as appears to them to be excessive is to be vacated.U.K.

(2)A claim under sub-paragraph (1) above—

(a)must be made in such form as the Board may require; and

(b)shall not be made after the end of the period of six years beginning with the day of the service on the claimant of the notice of the most recent assessment to which the claim relates.

(3)On the giving of a direction under this paragraph with respect to any assessment, that assessment shall be vacated to the extent specified in the direction.

Claims to correct errors or mistakes in returns etc.U.K.

8(1)If any company which has paid an amount of windfall tax assessed under this Schedule alleges that it has been, or continues to be, assessed to too much windfall tax by reason of—U.K.

(a)some error or mistake in a return under paragraph 1 above, or

(b)some error or mistake discovered by the claimant in a previous claim made by the claimant under paragraph 7 above or this paragraph,

the company may make a claim for relief under this paragraph in respect of that error or mistake.

(2)A claim under this paragraph—

(a)must be made in such form as the Board may require; and

(b)shall not be made—

(i)if it relates to an error or mistake in a return, at any time on or after 1st December 2003; or

(ii)if it relates to an error or mistake in a claim, at any time after the latest time at which that claim could have been made.

(3)On receiving a claim under this paragraph, the Board shall—

(a)inquire into the matter; and

(b)give, by way of repayment to the claimant, such relief (if any) as, having regard to all the relevant circumstances, they consider just and reasonable in respect of the error or mistake in question.

Appeals against assessments and decisions on claimsU.K.

9(1)An appeal to the Special Commissioners shall lie against each of the following, that is to say—U.K.

(a)an assessment under this Schedule;

(b)a decision by the Board on a claim under paragraph 7 or 8 above.

(2)An appeal under sub-paragraph (1) above shall be made by notice to the Board.

(3)Subject to the following provisions of this paragraph, a notice of appeal under sub-paragraph (2) above—

(a)shall not be given more than 30 days after the day on which notice of the assessment or decision appealed against was given to the appellant; and

(b)must specify the grounds of appeal.

(4)An appeal under this paragraph may be brought out of time if, on an application made for the purpose by the appellant, the Board are satisfied—

(a)that the appellant has a reasonable excuse for not having brought the appeal within the time allowed by sub-paragraph (3) above; and

(b)that there was no unreasonable delay in the making of that application;

and, where the Board are not so satisfied, they shall refer the application to the Special Commissioners, who (if they are so satisfied) may themselves allow the appeal to be brought out of time.

(5)The Special Commissioners—

(a)may allow grounds in addition to those specified in the notice of appeal to be put forward on an appeal under this paragraph; and

(b)may take the additional grounds into consideration if they are satisfied that their omission from the notice was neither wilful nor unreasonable.

(6)Section 55 of the Management Act (postponement of tax to which an appeal relates) shall apply to an appeal under this paragraph against an assessment under this Schedule as it applies to an appeal against an assessment mentioned in subsection (1) of that section but as if, in that section—

(a)references to tax were references to windfall tax;

(b)references to the inspector were references to the Board; and

(c)subsections (6)(a) and (b)(i), (6A) and (9)(a) were omitted.

Powers of Special Commissioners on an appealU.K.

10(1)Where there is an appeal to the Special Commissioners against an assessment under this Schedule—U.K.

(a)the Commissioners may, if it appears to them that the amount of the assessment is too much or too little, reduce or increase the amount of the assessment accordingly; and

(b)the assessment shall stand good if it is not reduced or increased under paragraph (a) above.

(2)Where an appeal is brought under paragraph 9 above against a decision of the Board on a claim under paragraph 7 or 8 above, the Special Commissioners shall hear and determine that appeal in accordance with the principles to be followed by the Board in determining claims under that paragraph.

(3)On an appeal to the Special Commissioners against a decision of the Board on a claim under paragraph 7 or 8 above, the powers of the Special Commissioners shall include power, if they think fit, to modify or cancel any decision made by the Board on that claim, including one made in favour of the appellant.

Procedures on appealU.K.

11(1)Subject to the following provisions of this paragraph, the following provisions of the Management Act shall apply for the purposes of and in relation to appeals to the Special Commissioners under paragraph 9 above as they apply for the purposes of or in relation to appeals to the Special Commissioners under the Tax Acts, that is to say—U.K.

(a)section 46A (regulations about the jurisdiction of the Special Commissioners);

(b)section 54 (settling appeals by agreement);

(c)section 56A (appeals from the Special Commissioners);

(d)sections 56B to 56D (regulations about practice and procedure etc.).

(2)The M8Special Commissioners (Jurisdiction and Procedure) Regulations 1994 shall have effect, with the necessary modifications, in relation to appeals to the Special Commissioners under this Schedule as they have effect in relation to appeals to the Special Commissioners under the Tax Acts; but this sub-paragraph shall be without prejudice to the power of the Lord Chancellor, by virtue of sub-paragraph (1) above, to modify those regulations as applied by this sub-paragraph.

(3)Subject to paragraph 5 above and the provisions applied by sub-paragraphs (1) and (2) above, the determination of the Special Commissioners on an appeal under this Schedule shall be final and conclusive.

(4)Where an appeal has been made to the Special Commissioners against a decision of the Board on a claim under paragraph 8 above, neither the appellant nor the Board shall be entitled, by virtue of anything in sub-paragraph (1) above, to appeal except against so much (if any) of the decision of the Special Commissioners as relates to a point of law arising in connection with the computation in accordance with Schedule 1 to this Act of the amount of the windfall from which any company was benefitting on 2nd July 1997.

(5)Section 53 of the Management Act (appeal against the summary determination of a penalty) shall apply in relation to any summary determination of a penalty pursuant to—

(a)the regulations applied by sub-paragraph (2) above, or

(b)any modification of those regulations made by virtue of this Schedule,

as it applies in relation to any other such summary determination as is mentioned in that section.

(6)Subsections (2B) and (2C) of section 58 of the Management Act (Northern Ireland modifications) shall apply as if the reference to the Taxes Acts included a reference to this Schedule and, accordingly, as if the reference to section 56A of that Act included a reference to that section as applied by this paragraph.

(7)In the application for the purposes of this Schedule of—

(a)section 58(2B) and (2C) of the Management Act, and

(b)the regulations mentioned in sub-paragraph (2) above,

references to proceedings in Northern Ireland shall have effect as references to proceedings on an appeal to the Special Commissioners by a company whose head office or principal place of business is in Northern Ireland.

(8)Sections 21 and 22 of the M9Interpretation Act Northern Ireland) 1954 (rules of court and powers of appellate courts) shall apply as if references in those sections to an enactment included a reference to sub-paragraphs (6) and (7) above.

InterestU.K.

12(1)Where any amount of windfall tax with which a company is charged is not paid before the time by which it is required to be paid under paragraph 3 above, that amount of that tax shall carry interest from that time until payment.U.K.

(2)Sub-paragraph (1) above applies to an amount whether or not the payment of that amount is postponed under section 55 of the Management Act (as applied by paragraph 9(6) above).

(3)Any amount paid by way of windfall tax which is repayable shall carry interest from whichever is the later of—

(a)the time by which that amount was required to be paid under paragraph 3 above, and

(b)the time when that amount was in fact paid,

until the time when that amount is repaid.

(4)The rate of interest under this paragraph for any period shall be—

(a)in the case of interest under sub-paragraph (1) above, the rate applicable under section 178 of the M10Finance Act 1989 for the purposes of section 87A of the Management Act (interest on unpaid corporation tax); and

(b)in the case of interest under sub-paragraph (3) above, the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 826 of the Taxes Act 1988 (interest on overpaid corporation tax).

(5)Where any amount paid by way of windfall tax is repayable to a person who has paid interest under sub-paragraph (1) above, that person shall be entitled to a repayment of so much of that interest as would represent the interest paid on that amount if, after—

(a)making an appropriate apportionment of the payments made to the Board between the instalments due from the person making them, and

(b)taking account of any previous repayment,

it is assumed that the amount repayable is to be equated with the most recent payment or payments made to the Board.

(6)Interest under sub-paragraph (1) above—

(a)shall be paid without any deduction of income tax; and

(b)shall not be allowed as a deduction in computing income, profits or losses for any of the purposes of the Tax Acts;

and interest paid under sub-paragraph (3) above shall be disregarded in computing income, profits or losses for any such purposes.

Collection of informationU.K.

13(1)For the purposes of this Part, section 20 of the Management Act (power to call for documents of taxpayer and others), together with sections 20B, 20BB and 20D(3) of that Act so far as they relate to section 20, shall be deemed to apply with the modifications set out in sub-paragraph (2) below.U.K.

(2)Those modifications are as follows—

(a)references to a tax liability shall be deemed to be references to a liability to pay an amount of windfall tax;

(b)references to an inspector shall be deemed to be references to any officer of the Board and references to the Taxes Acts shall be deemed to be references to this Part;

(c)in sections 20(7) and (8H) and 20B(1B) and (6)(b), the words “General or” shall be deemed to be omitted.

(3)For the purposes of this Part subsection (1) of section 98 of the Management Act (failure to comply with notice) shall apply as if this paragraph were included in the reference in column 1 of the Table in that section to Part III of that Act.

Penalties for furnishing false informationU.K.

14(1)Where a chargeable company fraudulently or negligently delivers an incorrect return in response to a requirement under paragraph 1 above, that company shall be liable to a penalty of an amount not exceeding the understated amount.U.K.

(2)In sub-paragraph (1) above “the understated amount”, in relation to a return delivered by a chargeable company, means the amount (if any) by which the amount of windfall tax with which that company is charged exceeds the amount set out in the return as the amount with which it is charged.

(3)For the purposes of this Part—

(a)subsection (2) of section 98 of the Management Act (penalties for furnishing incorrect information etc.) shall apply as if the provisions of this Schedule (except paragraph 1) were specified in one of the columns of the Table in that section; and

(b)section 99 of that Act (penalty for assisting in preparation of incorrect return) shall apply as if the reference in paragraph (a) of that section to tax included a reference to windfall tax.

(4)Section 97(1) of the Management Act (obligation to correct incorrect return) shall apply for the purposes of this paragraph in relation to a return delivered in response to a requirement under paragraph 1 above as it applies for the purposes of section 96 of that Act in relation to such a return as is mentioned in that section.

Recovery of taxU.K.

15(1)The provisions of the Management Act which are set out in sub-paragraph (2) below (which all relate to the recovery of tax) shall apply, subject to the modifications set out in sub-paragraph (3) below, in relation to—U.K.

(a)amounts of windfall tax due from any company,

(b)any penalty under this Schedule, or

(c)any interest for which a company is liable under paragraph 12 above or 17(5)(g) below,

as they apply in relation to sums charged by way of tax; and, in the case of amounts falling within paragraph (b) or (c) above, those provisions shall so apply as if those amounts were amounts of tax due and payable under an assessment.

(2)The provisions applied by sub-paragraph (1) above are—

(a)section 61 (distraint);

(b)sections 63 and 63A (recovery in Scotland);

(c)sections 66 to 68 (court proceedings for the recovery of tax);

(d)section 70(1) (certificate of non-payment); and

(e)section 70A (payment by cheque).

(3)The modifications mentioned in that sub-paragraph are as follows—

(a)in all those provisions references to the collector shall be deemed to include references to any other officer of the Board;

(b)in section 63, the words “under section 60 of this Act” in subsection (1)(b) shall be deemed to be omitted and so shall subsections (3) and (4); and

(c)in section 70A—

(i)the reference in subsection (1) to the purposes of the Management Act and the provisions mentioned in subsection (2) of that section shall be deemed to be a reference to the purposes of this Part; and

(ii)subsection (2) shall be deemed to be omitted.

Recovery against other group membersU.K.

16(1)Subject to sub-paragraph (3) below, where any amount of windfall tax with which a company is charged is not paid before the end of the period of six months beginning with the time by which it was required to be paid under paragraph 3 above (“the six month period”), any company falling within sub-paragraph (2) below may be assessed (in the name of the chargeable company) to all or any part of the unpaid windfall tax with which the chargeable company is charged.U.K.

(2)A company falls within this sub-paragraph if it is one or other or both of the following, that is to say—

(a)a member of the same group as the chargeable company at the end of the six month period; or

(b)a company which has been a member of the same group as the chargeable company at some time on or after 2nd July 1997 and before the end of the six month period.

(3)A company shall not be assessed under sub-paragraph (1) above to any amount of windfall tax at any time more than two years after that company first became assessable to that amount under that sub-paragraph.

(4)This Schedule shall have effect for the purposes of, and in relation to, an assessment under sub-paragraph (1) above as if the amount to which a company is assessable under this paragraph were an amount of windfall tax with which that company is charged.

(5)Where, by virtue of this paragraph, any company (“the group member”) pays any amount of windfall tax with which another company (“the charged company”) is charged—

(a)that payment shall discharge the liability of the charged company to pay that amount of windfall tax; but

(b)the group member shall be entitled to recover from the charged company the whole amount paid, together with any interest paid by the group member on that amount by virtue of paragraph 12 above.

General provisions about penalties etc.U.K.

17(1)Where a company which has become liable to a tax-geared penalty subsequently becomes liable to another such penalty, the amount or, as the case may be, maximum amount of the subsequent penalty shall be treated as reduced so that the aggregate of the tax-geared penalties to which the company has become liable does not exceed the greater or greatest of them.U.K.

(2)In sub-paragraph (1) above “tax-geared penalty” means (subject to sub-paragraph (3) below)—

(a)a penalty under paragraph 2(1) or 14(1) above, or

(b)a penalty under paragraph 2(2) above falling within paragraph 2(3)(b) or (c) above.

(3)Where a company has become liable to both—

(a)a penalty falling within paragraph 2(3)(b) above, and

(b)a penalty falling within paragraph 2(3)(c) above,

the aggregate of those penalties shall be treated as only one tax-geared penalty for the purposes of sub-paragraph (1) above.

(4)The provisions of the Management Act set out in sub-paragraph (5) below shall apply, subject to the modifications set out in sub-paragraph (6) below, in relation to penalties under this Schedule as they apply in relation to the penalties mentioned in those provisions.

(5)The provisions applied by sub-paragraph (4) above are—

(a)section 100 (determination of penalties);

(b)section 100A(2) and (3) (provision supplementary to section 100);

(c)section 100C (penalty proceedings before Commissioners);

(d)section 100D (penalty proceedings before courts);

(e)section 102 (mitigation of penalties);

(f)section 103 (time limit for penalty proceedings); and

(g)section 103A (interest on penalties).

(6)The modifications mentioned in that sub-paragraph are—

(a)in section 100(2), for the words from “a penalty” onwards there shall be deemed to be substituted a reference to a penalty by virtue of paragraph 13(3) above;

(b)subsection (6) of section 100 shall be deemed to be omitted;

(c)in section 100A(3), the reference to tax shall be deemed to be a reference to windfall tax;

(d)in section 100C(1), the words “General or” shall be deemed to be omitted; and

(e)in section 103, the references to tax in subsection (1) shall be deemed to be references to windfall tax, and subsection (2) shall be deemed to be omitted.

(7)An appeal may be brought against any determination under section 100 of the Management Act of a penalty under this Schedule.

(8)Subject to sub-paragraph (9) below, the provisions of this Schedule relating to an appeal against an assessment to windfall tax shall apply (with the necessary modifications) in relation to any appeal under sub-paragraph (7) above.

(9)Paragraph 10 above shall not apply to an appeal under sub-paragraph (7) above and the powers of the Special Commissioners on an appeal under that sub-paragraph shall be those set out in section 100B(2)(a) and (b) of the Management Act.

(10)Subsection (3) of section 100B of the Management Act (further appeals) shall apply where there has been an appeal under sub-paragraph (7) above as it applies where there has been an appeal under subsection (1) of that section.

(11)The liabilities of any person under this Part shall be without prejudice to any criminal liability arising in relation to the same matter.

Miscellaneous applicationsU.K.

18(1)The provisions of the Management Act which are set out in sub-paragraph (2) below shall apply for the purposes of this Schedule—U.K.

(a)as they apply for the purposes of the enactments for the purposes of which they have effect apart from this paragraph; but

(b)as if any reference in those provisions to a tax included a reference to windfall tax.

(2)Those provisions are—

(a)section 75 (receivers);

(b)section 105 (evidence in cases of fraudulent conduct);

(c)section 108 (company officers);

(d)section 112 (lost documents etc.);

(e)section 113(3) (prescription of form of assessments, penalty determinations);

(f)section 114 (provision for errors not to invalidate an assessment);

(g)section 115 (delivery and service of documents) and the regulations made under that section; and

(h)section 118(2) and (4) (extensions of time, reasonable excuse for delay and finality of assessments).

InterpretationU.K.

Section 23.

SCHEDULE 3U.K. Insurance companies and friendly societies

Section 76 of the Taxes Act 1988U.K.

F11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 432E of the Taxes Act 1988U.K.

2(1)In section 432E of the Taxes Act 1988 (section 432B apportionment: participating funds) paragraph (b) of subsection (6) (which provides for the adjustment of the net amount referable to overseas life assurance business) shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 2nd July 1997.

Section 434 of the Taxes Act 1988U.K.

F23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 434A of the Taxes Act 1988U.K.

4(1)In section 434A of the Taxes Act 1988 (computation of losses and limitation on relief) subsection (1) (which falls as a result of new section 434(1) to (1B)) shall cease to have effect.U.K.

(2)This paragraph has effect for accounting periods beginning on or after 2nd July 1997.

Section 438 of the Taxes Act 1988U.K.

6(1)Section 438 of the Taxes Act 1988 (pension business: exemption from tax) shall be amended as follows.U.K.

(2)Subsections (3) and (3AA) (which fall as a result of new section 434(1) to (1B)) shall cease to have effect.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subsection (5) (which falls with the substitution of subsection (4)) shall cease to have effect.

(5)Subsections (6) to (7) (which fall with the repeal of subsections (3), (3AA) and (5) and the substitution of subsection (4)) shall cease to have effect.

(6)Subsection (9) (which falls with the repeal of subsections (6), (6B) and (6E) and the repeal of section 440B(2)) shall cease to have effect.

(7)Sub-paragraphs (2) to (4) above have effect in relation to distributions made on or after 2nd July 1997.

(8)Sub-paragraphs (5) and (6) above have effect for accounting periods beginning on or after 2nd July 1997.

(9)In determining, for the purposes of subsections (6) to (7) of section 438 of the Taxes Act 1988, the franked investment income of, or foreign income dividends arising to, an insurance company for an accounting period beginning before 2nd July 1997 and ending on or after that date, there shall be left out of account any distributions which are made on or after 2nd July 1997.

Section 439B of the Taxes Act 1988U.K.

7(1)In section 439B of the Taxes Act 1988 (life reinsurance business: separate charge on profits) subsection (7) (which falls as a result of new section 434(1) to (1B)) shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 2nd July 1997.

Section 440B of the Taxes Act 1988U.K.

8(1)Section 440B of the Taxes Act 1988 (modifications where tax charged under Case I of Schedule D) shall be amended as follows.U.K.

(2)Subsection (1A) (which falls as a result of new section 434(1) to (1B)) shall cease to have effect.

(3)Subsection (2) (which falls with the repeal of section 438(6), (6B) and (6E)) shall cease to have effect.

(4)Sub-paragraph (2) above has effect in relation to distributions made on or after 2nd July 1997.

(5)Sub-paragraph (3) above has effect for accounting periods beginning on or after 2nd July 1997.

F5F5F5F5F6F6F6F6 Schedule 19AB to the Taxes Act 1988F7F7U.K.

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 19AC to the Taxes Act 1988U.K.

F813U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 89 of the Finance Act 1989U.K.

14(1)Section 89 of the M14Finance Act 1989 (policy holders’ share of profits) shall be amended as follows.U.K.

(2)In subsection (2)—

(a)paragraph (a) (which provides for Case I profits to be reduced by unrelieved franked investment income in respect of which an election under section 438(6) has been made) shall cease to have effect;

(b)in paragraph (b) (which provides for Case I profits to be reduced by the shareholders’ share of any other unrelieved franked investment income from investments held in connection with life assurance business)—

(i)the words “other unrelieved” shall cease to have effect; and

(ii)for “from investments held in connection with the company’s life assurance business” there shall be substituted “ which is referable to the company’s basic life assurance and general annuity business ”; and

(c)in paragraph (c) (which provides for Case I profits to be reduced by the shareholders’ share of foreign income dividends in respect of such investments) for “in respect of investments held in connection with the company’s life assurance business” there shall be substituted “ which are referable to the company’s basic life assurance and general annuity business ”.

(3)Subsection (8) (meaning of “unrelieved” franked investment income) shall cease to have effect.

(4)This paragraph has effect in relation to distributions made on or after 2nd July 1997.

Section 65 of the Finance (No.2) Act 1992U.K.

F915U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 34.

SCHEDULE 4U.K. Tax credits, taxation of distributions etc

Part I U.K. General

U.K.The Taxes Management Act 1970

Section 7U.K.

1(1)In section 7 of the M15Taxes Management Act 1970 (notice of liability to income tax and capital gains tax) in subsection (6) (sources of income which fall within that subsection) after the words “other than the basic rate” there shall be inserted “ , the Schedule F ordinary rate ”.U.K.

(2)This paragraph has effect for the year 1999-00 and subsequent years of assessment.

Section 42 (pre-corporation tax self-assessment version)U.K.

2(1)In section 42 of the Taxes Management Act 1970 (procedure for making claims), as it has effect in relation to corporation tax for accounting periods ending before the day appointed under section 199 of the M16Finance Act 1994, the following provisions shall cease to have effect—U.K.

(a)in subsection (5) (form of claim) the words “Subject to subsection (5A) below,”;

(b)subsection (5A) (claims by companies for payment of tax credits); and

(c)subsection (10A) (extended meaning of terms used in subsection (5A)).

(2)This paragraph has effect in relation to tax credits in respect of distributions made on or after 6th April 1999.

Section 42 (corporation tax self-assessment version)F10F10U.K.

3(1)In section 42 of the Taxes Management Act 1970 (procedure for making claims), as it has effect in relation to corporation tax for accounting periods ending on or after the day appointed under section 199 of the Finance Act 1994, the following provisions shall cease to have effect—U.K.

(a)subsections (4) and (4A) (claims by companies for payment of tax credits); and

(b)in subsection (5), the words from “and the reference in subsection (4) above” onwards.

(2)This paragraph has effect in relation to tax credits in respect of distributions made on or after 6th April 1999.

U.K.The Taxes Act 1988

Section 231U.K.

F114U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 232U.K.

F125U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 233U.K.

F136U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 235 to 237U.K.

7(1)Sections 235 to 237 of the Taxes Act 1988 (distributions of exempt funds and bonus issues) shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 238F14F14U.K.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 241F15F15U.K.

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 249U.K.

F1610U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 421U.K.

F1711U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 469U.K.

F1812U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 549U.K.

F1913U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 660CU.K.

F2014U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 687U.K.

F2115U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 689BU.K.

F2216U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 699U.K.

F2317U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 703F24F24U.K.

18U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 709U.K.

19(1)In section 709 of the Taxes Act 1988 (meaning of tax advantage etc) in subsection (2A) (references to a relief and to repayment of tax to include references to a tax credit and payment of any amount in respect of a tax credit) the words “and to a repayment of tax”, “respectively” and “and to a payment of any amount in respect of a tax credit” shall be omitted.U.K.

(2)This paragraph has effect for the year 1999-00 and subsequent years of assessment.

Section 743U.K.

F2520U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 819U.K.

F2621U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 832U.K.

F2722U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 13F28F28U.K.

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

U.K.The Taxation of Chargeable Gains Act 1992

Section 4U.K.

F2924U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6U.K.

F3025U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II U.K. Insurance companies and Lloyd’s underwriters

U.K.The Taxes Act 1988

Section 231BU.K.

26(1)In section 231B of the Taxes Act 1988, in subsection (4)(b), the words “or 441A(7)” shall be omitted.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 434U.K.

F3127U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 441AU.K.

28(1)In section 441A, subsections (2) to (8) (regulations about tax credits to which insurance companies are entitled) shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Schedule 19ACU.K.

F3229U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

U.K.The Finance Act 1993

Schedule 20U.K.

Section 35.

F33SCHEDULE 5U.K. Limitation of entitlement to relief under section 35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 36.

SCHEDULE 6U.K. Foreign income dividends

Section 13 of the Taxes Act 1988U.K.

1(1)Section 13 of the Taxes Act 1988 (small companies’ relief) shall be amended as follows.U.K.

(2)In subsection (7) (profits of a company for an accounting period to include foreign income dividends) the words “and with the addition of foreign income dividends arising to the company” shall cease to have effect.

(3)Subsection (8A) (definition of “foreign income dividends”) shall cease to have effect.

(4)This paragraph has effect for accounting periods beginning on or after 6th April 1999.

Section 75 of the Taxes Act 1988U.K.

F342U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VA of Part VI of the Taxes Act 1988U.K.

3(1)Sections 246A to 246Y of the Taxes Act 1988 (foreign income dividends) shall cease to have effect.U.K.

(2)The repeal of sections 246A to 246E and 246G of the Taxes Act 1988 has effect in relation to distributions made on or after 6th April 1999.

(3)The repeal of sections 246F, 246H to 246J and 246N to 246Y of the Taxes Act 1988 has effect for accounting periods beginning on or after 6th April 1999.

(4)The repeal of sections 246K to 246M of the Taxes Act 1988 has effect for accounting periods of the parent (within the meaning of those sections) beginning on or after 6th April 1999.

Section 247 of the Taxes Act 1988U.K.

4(1)In section 247 of the Taxes Act 1988 (dividends etc paid by one member of a group to another) subsections (5A) to (5D) (which relate to foreign income dividends) shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 431 of the Taxes Act 1988U.K.

5(1)In section 431(2) of the Taxes Act 1988 (interpretation of Chapter I of Part XII) the definition of “foreign income dividends” shall cease to have effect.U.K.

(2)This paragraph has effect for accounting periods beginning on or after 6th April 1999.

Section 434 of the Taxes Act 1988U.K.

6(1)Section 434 of the Taxes Act 1988 (franked investment income etc) shall be amended as follows.U.K.

(2)Subsections (3B) to (3D) (which relate to foreign income dividends) shall cease to have effect.

(3)In subsection (6A), paragraphs (aa) to (ac) (which define expressions used in subsections (3B) to (3D)) shall cease to have effect.

(4)This paragraph has effect for accounting periods beginning on or after 6th April 1999.

Section 458 of the Taxes Act 1988U.K.

7(1)In section 458 of the Taxes Act 1988 (capital redemption business) in subsection (2) (certain foreign income dividends treated as part of profits in ascertaining loss) the words “and foreign income dividends arising to” shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Chapter III of Part XII of the Taxes Act 1988U.K.

8(1)In section 468H of the Taxes Act 1988 (interpretation of sections 468I to 468R)—U.K.

(a)subsection (5) (construction of references to foreign income dividends) shall cease to have effect; and

(b)in subsection (6), for “to 468R” there shall be substituted “ to 468Q ”.

(2)In section 468I of the Taxes Act 1988 (distribution accounts)—

(a)in subsection (2), the words “which are not foreign income dividends” shall cease to have effect; and

(b)subsections (3), (5), (5A) and (7) shall cease to have effect.

(3)In section 468J of the Taxes Act 1988 (dividend distributions)—

(a)in subsection (1), the words “or a part of the total amount” and “which are not foreign income dividends” shall cease to have effect;

(b)in subsection (2), the words “or, as the case may be, the part” shall cease to have effect; and

(c)subsection (3) shall cease to have effect.

(4)Section 468K of the Taxes Act 1988 (foreign income distributions) shall cease to have effect.

(5)In section 468M of the Taxes Act 1988 (deduction of tax: simple case) in subsection (5) (definition of “eligible income”) paragraph (c) shall cease to have effect.

(6)In section 468Q of the Taxes Act 1988 (dividend distribution to corporate unit holder)—

(a)in subsection (2)(a), the words “a foreign income distribution” shall cease to have effect;

(b)in subsection (3)—

(i)for the formula there shall be substituted the following formula—

(ii)the definition of “B” shall cease to have effect; and

(c)subsection (4) shall cease to have effect.

(7)Section 468R of the Taxes Act 1988 (foreign income distribution to corporate holder) shall cease to have effect.

(8)Sub-paragraphs (1)(a), (5) and (6) above have effect for distribution periods beginning on or after 6th April 1999.

(9)Sub-paragraphs (1)(b), (2) to (4) and (7) above have effect for distribution periods the distribution date for which falls on or after 6th April 1999.

Section 490 of the Taxes Act 1988U.K.

9(1)Section 490 of the Taxes Act 1988 (companies carrying on a mutual business or not carrying on a business) shall be amended as follows.U.K.

(2)In subsection (1) (which contains a reference to foreign income dividends) the words “or out of foreign income dividends” shall cease to have effect.

(3)In subsection (4) (which contains a reference to foreign income dividends) the words “or foreign income dividends” shall cease to have effect.

(4)Subsection (5) (definition of “foreign income dividends”) shall cease to have effect.

(5)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 687 of the Taxes Act 1988U.K.

10(1)In section 687 of the Taxes Act 1988 (payments under discretionary trusts) in subsection (3), paragraph (aaa) (which concerns any sums treated under section 246D(4) as income of trustees) shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 689B of the Taxes Act 1988U.K.

11(1)In section 689B of the Taxes Act 1988 (order in which expenses to be set against income) in subsection (2)(b) the words “246D(4) or” shall cease to have effect.U.K.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 699A of the Taxes Act 1988U.K.

F3512U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 701 of the Taxes Act 1988U.K.

F3613U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 731 of the Taxes Act 1988U.K.

F3714U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 802 of the Taxes Act 1988U.K.

15(1)Section 802 of the Taxes Act 1988 (UK insurance companies trading overseas) shall be amended as follows.U.K.

(2)In subsection (2) (which contains a reference to foreign income dividends) the words “foreign income dividends” shall cease to have effect.

(3)Subsection (4) (definition of “foreign income dividends”) shall cease to have effect.

(4)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Schedule 13 to the Taxes Act 1988U.K.

16(1)Schedule 13 to the Taxes Act 1988 shall be amended as follows.U.K.

(2)In paragraph 1 (duty to make returns), in sub-paragraph (1)—

(a)paragraph (b) (duty to make returns of foreign income dividends paid and received) shall cease to have effect;

(b)in paragraph (c), the words “and foreign income dividends paid” shall cease to have effect; and

(c)the words following paragraph (c) (construction of references to foreign income dividends) shall cease to have effect.

(3)In sub-paragraph (4) of that paragraph—

(a)the word “4A(2),”, and

(b)paragraph (b) and the word “and” immediately preceding it,

shall cease to have effect.

(4)In paragraph 2 (content of returns)—

(a)in sub-paragraph (1)—

(i)for “paragraphs 7(2), 3A(2) and 9A(2)” there shall be substituted “ paragraph 7(2) ”; and

(ii)paragraphs (d) to (f) (which require the return to include information in relation to foreign income dividends) shall cease to have effect; and

(b)sub-paragraphs (5) and (6) (which supplement paragraphs (e) and (f) of sub-paragraph (1)) shall cease to have effect.

(5)In paragraph 3 (payment of tax)—

(a)in sub-paragraph (1), the words “and foreign income dividends”, and

(b)in sub-paragraph (3), the words “or foreign income dividend”,

shall cease to have effect.

(6)Paragraphs 3A and 3B (which make provision in relation to international headquarters companies paying foreign income dividends) shall cease to have effect.

(7)In paragraph 4 (receipt of franked investment income after payment of advance corporation tax) in sub-paragraph (2) the words “or paid any foreign income dividends” shall cease to have effect.

(8)Paragraph 4A (receipt of foreign income dividends after payment of advance corporation tax) shall cease to have effect.

(9)Paragraph 6A (claims for set-off in respect of foreign income dividends received by a company) shall cease to have effect.

(10)In paragraph 7 (qualifying distributions which are not payments and payments of uncertain nature) in sub-paragraph (3) the words “and no foreign income dividend is paid” shall cease to have effect.

(11)Paragraph 9A (manufactured foreign income dividends) shall cease to have effect.

(12)Sub-paragraph (2) above has effect for accounting periods beginning on or after 6th April 1999.

(13)Sub-paragraphs (3) to (10) above have effect for return periods beginning on or after 6th April 1999.

(14)Sub-paragraph (11) above has effect in relation to manufactured dividends which are representative of dividends paid on or after 6th April 1999.

Schedule 23A to the Taxes Act 1988U.K.

17(1)Schedule 23A to the Taxes Act 1988 (manufactured dividends and interest) shall be amended as follows.U.K.

(2)In paragraph 1(1) (interpretation) the definition of “foreign income dividend” shall cease to have effect.

(3)In paragraph 2 (manufactured dividends on UK equities: general) in sub-paragraph (6) the words “Subject to paragraph 2B(2)(b) below” shall cease to have effect.

(4)Paragraph 2B (manufactured dividends representative of foreign income dividends) shall cease to have effect.

(5)This paragraph has effect in relation to manufactured dividends which are representative of dividends paid on or after 6th April 1999.

Section 88A of the Finance Act 1989U.K.

18(1)In section 88A of the M18Finance Act 1989 (lower corporation tax rate on certain insurance company profits) in subsection (3)—U.K.

(a)paragraph (d)(ii) (which relates to foreign income distributions) shall cease to have effect; and

(b)the words “(or by that subsection as applied by section 468R(2) of that Act)” shall cease to have effect.

(2)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 89 of the Finance Act 1989U.K.

19(1)Section 89 of the Finance Act 1989 (policy holders’ share of profits) shall be amended as follows.U.K.

(2)In subsection (2), paragraph (c) (which provides for Case I profits to be reduced by the shareholders’ share of any foreign income dividends from investments held in connection with life assurance business) shall cease to have effect.

(3)Subsection (2A) (which explains certain expressions used in subsection (2)(c)) shall cease to have effect.

(4)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Section 171 of the Finance Act 1993U.K.

20(1)Section 171 of the M19Finance Act 1993 (taxation of profits and allowance of losses of Lloyd’s underwriters) shall be amended as follows.U.K.

(2)Subsection (2A) (which makes provision in relation to foreign income dividends) shall cease to have effect.

(3)This paragraph has effect in relation to distributions made on or after 6th April 1999.

Schedule 7 to the Finance Act 1997U.K.

21(1)Schedule 7 to the M20Finance Act 1997 shall be amended as follows.U.K.

(2)Paragraph 2 (distributions treated as FIDs) shall cease to have effect.

(3)Paragraphs 4 to 6 (exceptions for stock options, dividends on fixed rate preference shares and pre-sale distributions) shall cease to have effect.

(4)Sub-paragraphs (2) and (3) above have effect in relation to distributions made on or after 6th April 1999.

Transitional provisionsU.K.

22(1)Where, in the case of an accounting period of a company beginning before 6th April 1999 and ending on or after 5th April 1999 (“a transitional period”), there would (apart from this sub-paragraph) be such an excess as is mentioned in section 246F(3) of the Taxes Act 1988, no such excess shall be deemed to have arisen.U.K.

(2)In their application in relation to foreign income dividends paid in an accounting period of a company beginning before 6th April 1999, sections 246J(5) and 246K(10) of the Taxes Act 1988 shall have effect as if the reference to any subsequent accounting period—

(a)included an accounting period which immediately follows a transitional period, but

(b)did not include any later accounting period.

23U.K.Where a foreign income dividend paid by a company before 6th April 1999—

(a)is received by a person on or after that date, and

(b)is not one in relation to which section 246D of the Taxes Act 1988 applies,

the recipient shall be treated, for all purposes of the Tax Acts, as receiving instead a F38... distribution made by a company resident in the United Kingdom of an amount equal to F39... the amount of the foreign income dividend.

Section 41.

F40 SCHEDULE 7U.K. Restrictions on group relief

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Section 52.

SCHEDULE 8U.K. Repeals

Part I U.K. Vehicle licensing: payments where information to be transmitted electronically

Part II U.K. Income tax and corporation tax

These repeals have effect in accordance with section 15 of this Act.

These repeals have effect for the year 1997-98 and subsequent years of assessment except in relation to the cases in which the relief that has been or may be given under section 54 of the Finance Act 1989 in respect of any payment is unaffected by the provisions of section 17(1) of this Act.

These repeals have effect in accordance with section 20 of this Act (and, accordingly, the repeal of subsection (7B) of section 826 of the Income and Corporation Taxes Act 1988 has effect only where the earlier period mentioned in that subsection begins on or after 2nd July 1997).

These repeals have effect in relation to distributions made on or after 2nd July 1997.

Except for the repeals in Schedule 34 to the Finance Act 1996, these repeals have effect in accordance with the provisions of Schedule 3 to this Act, other than paragraph 11.

These repeals have effect in accordance with paragraphs 11 and 12 of Schedule 3 to this Act.

1.The repeals in sections 95 and 234 of, and Schedule 23A to, the Income and Corporation Taxes Act 1988 and in Schedule 7 to the Finance Act 1997 have effect in accordance with section 24 of this Act.

2.The repeals in sections 732 and 738 of the Income and Corporation Taxes Act 1988 and section 53 of the Finance Act 1990, and the repeal of section 56 of the Finance Act 1991, have effect in accordance with section 26 of this Act.

3.The repeal in Schedule 28B to the Income and Corporation Taxes Act 1988 has effect in accordance with section 25 of this Act.

1.The repeals in section 42 of the Taxes Management Act 1970 (and the related repeals of section 97 of the Finance Act 1990 and in section 107 of the Finance Act 1995) have effect in accordance with paragraphs 2 and 3 of Schedule 4 to this Act.

2.The repeal in section 709 of the Income and Corporation Taxes Act 1988 has effect for the year 1999-00 and subsequent years of assessment.

3.The other repeals have effect in relation to distributions made on or after 6th April 1999.

These repeals have effect in relation to distributions made on or after 6th April 1999.

These repeals have effect in accordance with section 36 of, and Schedule 6 to, this Act.

1.The repeal of paragraph 1 of Schedule 7 to the Finance Act 1997 has effect in relation to distributions made on or after 6th April 1999.

2.The repeal of paragraph 7 of that Schedule has effect in relation to payments which are representative of distributions made on or after 6th April 1999.

These repeals have effect in relation to payments falling due on or after 6th April 1998.

These repeals have effect, subject to the provisions of paragraph 9 of Schedule 7 to this Act, for accounting periods ending on or after 2nd July 1997.

Part III U.K. Statutory effect of resolutions etc