Finance Act 2002

Part 1 U.K.Excise duties

Tobacco products dutyU.K.

1 Rates of tobacco products dutyU.K.

(1)For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 (c. 7) substitute—

(2)This section shall be deemed to have come into force at 6 o’clock in the evening of 17th April 2002.

Alcoholic liquor dutiesU.K.

2 Rates of duty on ciderU.K.

(1)In section 62(1A) of the Alcoholic Liquor Duties Act 1979 (c. 4) (rates of duty on cider)—

(a)in paragraph (b) (rate of duty per hectolitre in the case of cider of a strength exceeding 7.5 per cent that is not sparkling cider), for “£39.21” substitute “ £38.43 ”;

(b)in paragraph (c) (rate of duty per hectolitre in any other case), for “£26.13” substitute “ £25.61 ”.

(2)This section shall be deemed to have come into force on 28th April 2002.

3 Duty on beverages made with spirits to be at spirits rateU.K.

(1)Omit section 1(9) of the Alcoholic Liquor Duties Act 1979 (under which alcoholic beverages of a strength between 1.2 and 5.5 per cent made with spirits are treated as not being spirits, unless of a description specified by Treasury order).

(2)This section shall be deemed to have come into force on 28th April 2002.

4 Reduced rates of duty on beer from small breweriesU.K.

(1)Schedule 1 to this Act (which makes provision for the excise duty on beer to be charged at reduced rates on beer produced in small breweries) has effect.

(2)Subject to subsection (3), subsection (1) shall be deemed to have come into force on 1st June 2002.

(3)So far as relating to—

(a)the insertion by paragraph 2 of that Schedule of the new section 36H of the Alcoholic Liquor Duties Act 1979, and

(b)paragraph 3 of that Schedule,

subsection (1) comes into force on the day on which this Act is passed.

Hydrocarbon oil dutiesU.K.

5 BiodieselU.K.

(1)The Hydrocarbon Oil Duties Act 1979 (c. 5) is amended as follows.

(2)After section 2 insert—

“2AA Biodiesel

(1)In this Act “biodiesel” means diesel quality liquid fuel—

(a)that is produced from biomass or waste cooking oil,

(b)the ester content of which is not less than 96.5% by weight, and

(c)the sulphur content of which does not exceed 0.005% by weight or is nil.

(2)In subsection (1)—

(a)“diesel quality” means capable of being used for the same purposes as heavy oil;

(b)“liquid” does not include any substance that is gaseous at a temperature of 15°C and under a pressure of 1013.25 millibars;

(c)“biomass” means vegetable and animal substances constituting the biodegradable fraction of—

(i)products, wastes and residues from agriculture, forestry and related activities, or

(ii)industrial and municipal waste.”.

(3)In section 2A (power to amend definitions), after subsection (1) insert—

“(1A)The Treasury may by order made by statutory instrument amend the definition for the purposes of this Act of “biodiesel”.”.

(4)After section 6 (excise duty on hydrocarbon oil) insert—

“6AA Excise duty on biodiesel

(1)A duty of excise shall be charged on the setting aside for a chargeable use by any person, or (where it has not already been charged under this section) on the chargeable use by any person, of biodiesel.

(2)In subsection (1) “chargeable use” means use—

(a)as fuel for any engine, motor or other machinery, or

(b)as an additive or extender in any substance so used.

(3)The rate of duty under this section shall be £0.2582 a litre.

6AB Excise duty on blends of biodiesel and heavy oils

(1)A duty of excise shall be charged on bioblend—

(a)imported into the United Kingdom, or

(b)produced in the United Kingdom and delivered for home use from a refinery or from other premises used for the production of hydrocarbon oil or from any bonded storage for hydrocarbon oil, not being bioblend chargeable with duty under paragraph (a) above.

This is subject to subsection (6) below.

(2)In this Act “bioblend” means any mixture that is produced by mixing—

(a)biodiesel, and

(b)heavy oil not charged with the excise duty on hydrocarbon oil.

(3)The rate at which the duty shall be charged on any bioblend shall be a composite rate representing—

(a)in respect of the proportion of the bioblend that is hydrocarbon oil, the rate that would be applicable to the bioblend if it consisted entirely of heavy oil of the description that went into producing the bioblend, and

(b)in respect of the proportion of the bioblend that is biodiesel, the rate that would be applicable to the bioblend if it consisted entirely of biodiesel.

(4)The references in subsection (3) above to the proportions of—

(a)hydrocarbon oil, and

(b)biodiesel,

are to the proportions by volume to the nearest 0.001%.

(5)If the Commissioners are not satisfied as to the proportion of biodiesel in any bioblend, the rate of duty chargeable shall be the rate that would be applicable to the bioblend if it consisted entirely of heavy oil of the description that went into producing the bioblend.

(6)Where imported bioblend is removed to a refinery, the duty chargeable under subsection (1) above shall, instead of being charged at the time of the importation of the bioblend, be charged on the delivery of any goods from the refinery for home use and shall be the same as that which would be payable on the importation of like goods.

6AC Application to biodiesel and bioblend of provisions relating to hydrocarbon oil

(1)The Commissioners may by regulations provide for—

(a)references in this Act, or specified references in this Act, to hydrocarbon oil to be construed as including references to—

(i)biodiesel;

(ii)bioblend;

(b)references in this Act, or specified references in this Act, to duty on hydrocarbon oil to be construed as including references to duty under—

(i)section 6AA above;

(ii)section 6AB above;

(c)biodiesel, or bioblend, to be treated for the purposes of such of the following provisions of this Act as may be specified as if it fell within a specified description of hydrocarbon oil.

(2)Where the effect of provision made under subsection (1) above is to extend any power to make regulations, provision made in exercise of the power as extended may be contained in the same statutory instrument as the provision extending the power.

(3)In this section “specified” means specified by regulations under this section.

(4)Regulations under this section may make different provision for different cases.

(5)Paragraph (b) of subsection (1) above shall not be taken as prejudicing the generality of paragraph (a) of that subsection.”.

(5)Schedule 2 to this Act contains minor and consquential amendments of the Hydrocarbon Oil Duties Act 1979 (c. 5).

(6)Subsection (4), and subsection (5) so far as relating to paragraphs 2 and 4(1) of that Schedule, have effect in relation to biodiesel that—

(a)is set aside for chargeable use (as defined in the section 6AA inserted by subsection (4)) after such date as the Commissioners of Customs and Excise may by order made by statutory instrument appoint, or

(b)not having been so set aside, is the subject of such chargeable use after that date,

and has not been set aside for chargeable use under section 6A of that Act (fuel substitutes) on or before that date.

(7)Subsection (4), and subsection (5) so far as relating to paragraph 2 of that Schedule, have effect in relation to bioblend that—

(a)is imported into the United Kingdom after the date appointed under subsection (6)(a), or

(b)not having been so imported—

(i)is produced in the United Kingdom and delivered for home use after that date, and

(ii)has not been set aside for chargeable use under section 6A of that Act (fuel substitutes) on or before that date.

(8)Subsection (5)—

(a)so far as relating to paragraph 3 of that Schedule, comes into force on the day after the date appointed under subsection (6)(a),

(b)so far as relating to paragraph 5 of that Schedule, applies to mixtures produced after the date appointed under subsection (6)(a), and

(c)so far as relating to paragraph 7 of that Schedule, comes into force on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint.

6 Regulating trade in rebated heavy oil etcU.K.

(1)Schedule 3 to this Act has effect.

(2)In that Schedule—

• Part 1 makes provision for regulating trade in certain heavy oil on which rebate of excise duty has been allowed, and

• Part 2 amends provisions of the Hydrocarbon Oil Duties Act 1979 relating to rebates.

(3)Subject to subsection (4), subsection (1) so far as relating to paragraph 1 of that Schedule shall not come into force until such day as the Commissioners of Customs and Excise may appoint by order made by statutory instrument.

(4)For the purpose of the exercise of any power to make regulations, subsection (1) so far as relating to that paragraph comes into force on the day on which this Act is passed.

7 Fuel substitutesU.K.

(1)In section 6A of the Hydrocarbon Oil Duties Act 1979 (c. 5) (fuel substitutes)—

(a)in subsection (5) (power to provide that fuel substitute to be treated as if it were a description of hydrocarbon oil), for the words from “the description of such one or more of the following” to the end substitute “ such description of hydrocarbon oil as may be so specified ”;

(b)in subsection (6)(a) (power to be exercised so that fuel substitute charged with duty and otherwise treated as if it were description of hydrocarbon oil to which it is most closely equivalent), for “the substance falling within the descriptions specified in subsection (5) above” substitute “ hydrocarbon oil of the description ”.

(2)In section 10 of the Finance Act 1993 (c. 34) (mineral oil fuel substitutes)—

(a)in subsection (2) (power to provide that mineral oil fuel substitute to be treated as if it were a particular description of hydrocarbon oil), for the words from “the description of such one or more of the following” to the end substitute “ such description of hydrocarbon oil as may be so specified ”;

(b)in subsection (3) (power to be exercised so that mineral oil fuel substitute treated as if it were description of hydrocarbon oil to which it is most closely equivalent), for “the substance falling within the descriptions specified in subsection (2) above” substitute “ hydrocarbon oil of the description ”.

Betting and gaming dutiesU.K.

8 Amusement machine licences: excepted machinesU.K.

(1)Section 21 of the Betting and Gaming Duties Act 1981 (c. 63) (amusement machine licences) is amended as follows.

(2)In subsection (3A) (excepted machines), for paragraphs (c) and (d) (certain thirty-five penny machines and video machines) substitute—

“(c)a fifty-penny machine that is not a gaming machine.”.

(3)For subsection (3B) substitute—

“(3B)For the purposes of this section an amusement machine is a fifty-penny machine if, and only if—

(a)where it is a machine on which a game can be played solo, the price for a solo game does not exceed 50p; and

(b)where it is a machine on which a game can be played by more than one person at a time, the price to participate in such a game does not exceed 50p.”.

(4)In subsection (3C) (definition of the price for a solo game), for “35p”, in both places where it occurs, substitute “ 50p ”.

(5)In section 25 of that Act (definition of different types of machine), in subsections (4) and (6) (treatment of machines capable of being played by more than one person at a time), for “an excepted video machine falling within section 21(3A)(d) above” substitute “ a fifty-penny machine within section 21(3B) above ”.

(6)This section has effect in relation to the provision of an amusement machine at any time on or after 1st May 2002.

9 Amusement machine licence duty: ratesU.K.

(1)In the Table in section 23(2) of the Betting and Gaming Duties Act 1981 (c. 63) (rates of amusement machine licence duty), for column (4) (medium-prize machines other than five-penny machines) and column 6 (machines not in any other category) substitute—

(2)This section applies in relation to any amusement machine licence for which an application is received by the Commissioners of Customs and Excise after 30th April 2002.

10 Rates of gaming dutyU.K.

(1)For the Table in section 11(2) of the Finance Act 1997 (c. 16) (rates of gaming duty) substitute—

(2)This section has effect in relation to accounting periods beginning on or after 1st April 2002.

11 Gaming duty to be chargeable in respect of sic bo and three card pokerU.K.

(1)In section 10(2) of the Finance Act 1997 (c. 16) (games in respect of which gaming duty is chargeable)—

(a)after “American roulette” insert “ sic bo ”;

(b)after “super pan 9” insert “ three card poker ”.

(2)This section has effect in relation to games begun on or after 24th April 2002.

12 Pool betting duty etcU.K.

(1)Schedule 4 to this Act has effect.

(2)In that Schedule, Part 1—

• makes provision about pool betting duty, and

• provides for coupon betting to cease to be subject to pool betting duty but to be subject to general betting duty instead,

and Part 2 contains minor amendments and transitional provisions.

(3)The amendments made by paragraph 2 of that Schedule have effect for the purposes of accounting periods beginning on or after 31st March 2002; but this does not apply to the substitution of the new regulation-making provisions.

(4)The amendments made by paragraphs 3 and 4 of that Schedule apply to bets made on or after 31st March 2002.

(5)Subsections (1) to (4) shall (subject to subsections (6) and (7)) be deemed to have come into force on 31st March 2002.

(6)Subsection (1), so far as relating to paragraphs 5, 6(a) and (c), 7 to 9, 10(1), (2), (5) to (11), (13) and (14), 11, 12(1) and (3), 13 and 14 of Schedule 4 to this Act, shall be deemed to have come into force on 24th April 2002.

(7)Subsection (1), so far as relating to—

(a)the substitution of the new regulation-making provisions by paragraph 2 of that Schedule, and

(b)paragraphs 10(3), (4) and (12) and 12(2) of that Schedule,

comes into force on the day on which this Act is passed; but the powers conferred by the new regulation-making provisions are exercisable only as respects accounting periods beginning after that day.

(8)In this section “the new regulation-making provisions” means the following new provisions of the Betting and Gaming Duties Act 1981 (c. 63)—

• section 7D(6) to (8),

• section 7E(4) and (5),

• section 7F(6) and (7),

• section 8(3) and (4), and

• section 8B(1)(b) and (2).

13 General betting duty: spread betsU.K.

(1)For section 3(2) of the Betting and Gaming Duties Act 1981 (c. 63) (definition of “spread bet” by reference to the Financial Services Act 1986) substitute—

“(2)A bet is a spread bet if, at the time it is made, it constitutes a contract to which section 412 of the Financial Services and Markets Act 2000 (gaming contract not void etc if entry into contract is activity specified under the section and contract relates to investment so specified) applies at that time.”.

(2)Subsection (1) applies to bets made after the day on which this Act is passed.

14 General betting duty: overseas bet-brokersU.K.

(1)In Part 1 of the Betting and Gaming Duties Act 1981 (betting duties), after section 9 (prohibitions for protection of revenue) insert—

“9A Further prohibitions for protection of revenue: overseas bet-brokers

(1)A person shall be guilty of an offence if—

(a)he knowingly issues, circulates or distributes in the United Kingdom, or has in his possession for that purpose, any advertisement or other document inviting the use of or otherwise relating to bet-broking services, and

(b)any person providing any of the bet-broking services concerned—

(i)is outside the United Kingdom, and

(ii)provides them in the course of a business.

(2)In this section “bet-broking services” means—

(a)facilities provided by a person that may be used by other persons in making bets with third persons, or

(b)a person’s services of acting as agent for other persons in making bets on their behalf with third parties (whether the persons on whose behalf the bets are made are disclosed principals or undisclosed principals).

(3)In subsection (2) “bet” means a bet other than one made by way of pool betting.

(4)A person who gets or tries to get any advertisement or other document given or sent to him shall not be guilty of an offence by reason of his thereby procuring or inciting some other person to commit, or aiding or abetting the commission of, an offence under this section.”.

(2)After section 9A of that Act (inserted by subsection (1) above) insert—

“9B Offences under sections 9 and 9A: penalties

(1)This section applies where a person is guilty of an offence under section 9 or 9A (a “relevant offence”).

(2)In the case of the person’s first conviction for a relevant offence, he is liable—

(a)on summary conviction to a penalty of the prescribed sum, or

(b)on conviction on indictment to a penalty of any amount.

(3)In the case of a second or subsequent conviction of the person for a relevant offence, he is liable—

(a)on summary conviction to a penalty of the prescribed sum or to imprisonment for a term not exceeding three months or to both, or

(b)on conviction on indictment to a penalty of any amount or to imprisonment for a term not exceeding one year or to both.”.

(3)Omit section 9(4) of that Act (penalties for offences under section 9).

(4)In paragraph 5 of Schedule 6 to that Act (convictions under predecessors of section 9 to be treated as convictions under section 9), for “For the purposes of section 9(4)” substitute “ For the purposes of section 9B ”.

(5)Subsection (1) comes into force on the day after that on which this Act is passed.

(6)The amendments made by subsections (2) to (4) apply for the purposes of punishing offences committed after the day on which this Act is passed.

Vehicle excise dutyU.K.

15 Cars registered on or after 1st March 2001: rates of dutyU.K.

(1)For the Table in paragraph 1B of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (rates of duty applicable to light passenger vehicles registered on or after 1st March 2001 on basis of certificate specifying CO₂ emissions figure) substitute—

(2)This section applies to any licence taken out on or after 18th April 2002 for a period beginning on or after 1st May 2002.

16 Vans registered on or after 1st March 2001: rates of dutyU.K.

(1)For paragraph 1J of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (rate of duty applicable to light goods vehicles first registered on or after 1st March 2001) substitute—

“1JThe annual rate of vehicle excise duty applicable to a vehicle to which this Part of this Schedule applies is—

(a)if the vehicle is not a lower-emission van, £160;

(b)if the vehicle is a lower-emission van, £105.

1K(a)the vehicle is first registered on or after 1st March 2003, and

(b)the limit values given for the vehicle by the Table (which is extracted from the new table inserted in section 5.3.1.4 of Annex I of Council Directive 70/220/EEC by Directive 98/69/EC of the European Parliament and of the Council) are not exceeded during a Type I test.

1LIn paragraph 1K—

• “Type I test” means a test as described in section 5.3 of Annex I to Council Directive 70/220/EEC as amended (test for simulating/verifying the average tailpipe emissions after a cold start and carried out using the procedure described in Annex III of that Directive as amended);

• “the reference mass” of a vehicle means the mass of the vehicle with bodywork and, in the case of a towing vehicle, with coupling device, if fitted by the manufacturer, in running order, or mass of the chassis or chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids and tools, and spare wheel if fitted, and with the fuel tank filled to 90% and the other liquid containing systems, except those for used water, to 100% of the capacity specified by the manufacturer), increased by a uniform mass of 100 kilograms;

• “CO” means mass of carbon monoxide;

• “HC” means mass of hydrocarbons;

• “NO_x” means mass of oxides of nitrogen;

• “PM” means mass of particulates (for compression ignition engines).”.

(2)Subsection (1) applies to any licence taken out for a period beginning on or after 1st March 2003.

17 Disclosure of information for vehicle excise duty exemptionsU.K.

In the Vehicle Excise and Registration Act 1994 (c. 22), after section 22 insert—

“22ZA Nil licences for vehicles for disabled persons: information

(1)This section applies to information that—

(a)is held for the purposes of functions relating to social security or war pensions—

(i)by the Secretary of State, or

(ii)by a person providing services to the Secretary of State, in connection with the provision of those services, and

(b)is of a description prescribed by regulations made by the Secretary of State.

(2)Information to which this section applies may, if the consent condition is satisfied, be supplied—

(a)to the Secretary of State, or

(b)to a person providing services to the Secretary of State,

for use for the purposes of relevant nil licence functions.

(3)The “consent condition”, in relation to any information, is that—

(a)if the information was provided by a person other than the person to whom the information relates, the person who provided the information, or

(b)in any other case, the person to whom the information relates,

has consented to the supply of the information and has not withdrawn that consent.

(4)Information supplied under subsection (2) shall not—

(a)be supplied by the recipient to any other person unless—

(i)it could be supplied to that person under subsection (2), or

(ii)it is supplied for the purposes of any civil or criminal proceedings relating to this Act;

(b)be used otherwise than for the purposes of relevant nil licence functions or any such proceedings.

(5)In this section “relevant nil licence functions” means functions relating to applications for, and the issue of, nil licences in respect of vehicles that are exempt vehicles under—

(a)paragraph 19 of Schedule 2, or

(b)paragraph 7 of Schedule 4.”.

18 Motorcycles (and motorcycle trade licences): rates of dutyU.K.

(1)For paragraph 2(1) to (1B) of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (rates of duty applicable to motorcycles not exceeding 450 kilograms in weight unladen) substitute—

“2(1)The annual rate of vehicle excise duty applicable to a motorcycle that does not exceed 450 kilograms in weight unladen is—

(a)if the cylinder capacity of the engine does not exceed 150 cubic centimetres, £15;

(b)if the vehicle is a motorbicycle and the cylinder capacity of the engine exceeds 150 cubic centimetres but does not exceed 400 cubic centimetres, £30;

(c)if the vehicle is a motorbicycle and the cylinder capacity of the engine exceeds 400 cubic centimetres but does not exceed 600 cubic centimetres, £45;

(d)in any other case, £60.”.

(2)In sections 13(3)(a), 35A(5)(b) and 36(3)(b) of that Act, and in section 13(4)(a) of that Act as substituted under paragraph 8 of Schedule 4 to that Act (references to paragraph 2(1)(c) of Schedule 1 in connection with motorcycle trade licences), for “(1)(c)” substitute “ (1)(d) ”.

(3)Subsection (1), and the amendments in section 13 of that Act, apply to any licence taken out on or after 18th April 2002 for a period beginning on or after 1st May 2002.

(4)The amendments in sections 35A and 36 of that Act apply where the relevant period begins on or after 1st May 2002.

19 Registered vehicles etcU.K.

(1)Schedule 5 to this Act, which provides—

• for vehicle excise duty to be charged in respect of vehicles registered under the Vehicle Excise and Registration Act 1994 that are neither used nor kept on a public road,

• for vehicle excise duty to be charged in respect of things that have been but have ceased to be mechanically propelled vehicles,

• for supplements to be payable where vehicle licences are renewed late, and

• for it to be an offence to be the person in whose name an unlicensed vehicle is registered under that Act,

has effect.

(2)Subject to subsection (3), subsection (1) shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument; and an order under this subsection may appoint different days for different purposes.

(3)For the purpose of the exercise of any power to make regulations, subsection (1) comes into force on the day on which this Act is passed.

(4)The Secretary of State may by order made by statutory instrument make—

(a)such transitional provision as he considers necessary or expedient in connection with the coming into force of subsection (1);

(b)such provision consequential upon, or incidental or supplementary to, the amendments made by Schedule 5 to this Act (including provision further amending the Vehicle Excise and Registration Act 1994) as he considers necessary or expedient.

(5)A statutory instrument containing an order under subsection (4)(b) is subject to annulment in pursuance of a resolution of either House of Parliament.

20 Calculating cylinder capacity of vehiclesU.K.

(1)In paragraph 1 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (annual rates of duty: general), after sub-paragraph (2A) insert—

“(2B)For the purposes of this Schedule the cylinder capacity of an engine shall be calculated in accordance with regulations made by the Secretary of State.”.

(2)Omit—

(a)paragraph 2(4) of that Schedule (power to make regulations as to calculation of cylinder capacity of motorcycle engines), and

(b)section 57(8) of that Act (regulations under paragraph 2(4) of Schedule 1 not subject to annulment).

(3)Any regulations—

(a)made under paragraph 2(4) of that Schedule or having effect as if so made, and

(b)in force or effective immediately before the passing of this Act,

shall have effect after the passing of this Act as if made under the paragraph 1(2B) inserted in that Schedule by this section.

(4)Subsection (3) has effect in place of section 17(2)(b) of the Interpretation Act 1978 (c. 30) (but is without prejudice to any other provision of that Act) and, in particular, the fact that the instrument containing any such regulations was not subject to annulment in pursuance of a resolution of either House of Parliament shall not prevent them being revoked, amended or re-enacted by regulations under that paragraph 1(2B).

GeneralU.K.

21 Drawback of excise dutyU.K.

(1)In section 133 of the Customs and Excise Management Act 1979 (c. 2) (claims for drawback of excise duty)—

(a)in subsection (2), for “subsections (3) to (6)” substitute “ subsections (4) to (6) ”;

(b)omit subsection (3) (Commissioners to be satisfied that the duty in question has been duly paid, and not already drawn back, before drawback is payable).

(2)In section 14(1) of the Finance Act 1994 (c. 9) (reviewable decisions) after paragraph (bb) insert—

“(bc)any decision by the Commissioners as to whether or not any person is entitled to any drawback of excise duty by virtue of regulations under section 2 of the Finance (No. 2) Act 1992, or the amount of the drawback to which any person is so entitled;”.

(3)The amendment made by subsection (2) does not apply in relation to decisions made before the day on which this Act comes into force.

Part 2U.K.Value added tax

22 Disallowance of input tax where consideration not paidU.K.

(1)In Part 1 of the Value Added Tax Act 1994 (c. 23) (the charge to tax), after section 26 insert—

“26A Disallowance of input tax where consideration not paid

(1)Where—

(a)a person has become entitled to credit for any input tax, and

(b)the consideration for the supply to which that input tax relates, or any part of it, is unpaid at the end of the period of 6 months following the relevant date,

he shall be taken, as from the end of that period, not to have been entitled to credit for input tax in respect of the VAT that is referable to the unpaid consideration or part.

(2)For the purposes of subsection (1) above “the relevant date”, in relation to any sum representing consideration for a supply, is—

(a)the date of the supply, or

(b)if later, the date on which the sum became payable.

(3)Regulations may make such supplementary, incidental, consequential or transitional provisions as appear to the Commissioners to be necessary or expedient for the purposes of this section.

(4)Regulations under this section may in particular—

(a)make provision for restoring the whole or any part of an entitlement to credit for input tax where there is a payment after the end of the period mentioned in subsection (1) above;

(b)make rules for ascertaining whether anything paid is to be taken as paid by way of consideration for a particular supply;

(c)make rules dealing with particular cases, such as those involving payment of part of the consideration or mutual debts.

(5)Regulations under this section may make different provision for different circumstances.

(6)Section 6 shall apply for determining the time when a supply is to be treated as taking place for the purposes of construing this section.”.

(2)In section 36 of that Act (bad debts), omit subsections (4A) and (5)(ea).

(3)This section has effect in relation to supplies made on or after such day as the Commissioners of Customs and Excise may appoint by order made by statutory instrument.

23 Flat-rate schemeU.K.

(1)In Part 1 of the Value Added Tax Act 1994 (c. 23) (the charge to tax), after section 26A (inserted by section 22 above) insert—

“26B Flat-rate scheme

(1)The Commissioners may by regulations make provision under which, where a taxable person so elects, the amount of his liability to VAT in respect of his relevant supplies in any prescribed accounting period shall be the appropriate percentage of his relevant turnover for that period.

A person whose liability to VAT is to any extent determined as mentioned above is referred to in this section as participating in the flat-rate scheme.

(2)For the purposes of this section—

(a)a person’s “relevant supplies” are all supplies made by him except supplies made at such times or of such descriptions as may be specified in the regulations;

(b)the “appropriate percentage” is the percentage so specified for the category of business carried on by the person in question;

(c)a person’s “relevant turnover” is the total of—

(i)the value of those of his relevant supplies that are taxable supplies, together with the VAT chargeable on them, and

(ii)the value of those of his relevant supplies that are exempt supplies.

(3)The regulations may designate certain categories of business as categories in relation to which the references in subsection (1) above to liability to VAT are to be read as references to entitlement to credit for VAT.

(4)The regulations may provide for persons to be eligible to participate in the flat-rate scheme only in such cases and subject to such conditions and exceptions as may be specified in, or determined by or under, the regulations.

(5)Subject to such exceptions as the regulations may provide for, a participant in the flat-rate scheme shall not be entitled to credit for input tax.

This is without prejudice to subsection (3) above.

(6)The regulations may—

(a)provide for the appropriate percentage to be determined by reference to the category of business that a person is expected, on reasonable grounds, to carry on in a particular period;

(b)provide, in such circumstances as may be prescribed, for different percentages to apply in relation to different parts of the same prescribed accounting period;

(c)make provision for determining the category of business to be regarded as carried on by a person carrying on businesses in more than one category.

(7)The regulations may provide for the following matters to be determined in accordance with notices published by the Commissioners—

(a)when supplies are to be treated as taking place for the purposes of ascertaining a person’s relevant turnover for a particular period;

(b)the method of calculating any adjustments that fall to be made in accordance with the regulations in a case where a person begins or ceases to participate in the flat-rate scheme.

(8)The regulations may make provision enabling the Commissioners—

(a)to authorise a person to participate in the flat-rate scheme with effect from—

(i)a day before the date of his election to participate, or

(ii)a day that is not earlier than that date but is before the date of the authorisation;

(b)to direct that a person shall cease to be a participant in the scheme with effect from a day before the date of the direction.

The day mentioned in paragraph (a)(i) above may be a day before the date on which the regulations come into force.

(9)Regulations under this section—

(a)may make different provision for different circumstances;

(b)may make such incidental, supplemental, consequential or transitional provision as the Commissioners think fit, including provision disapplying or applying with modifications any provision contained in or made under this Act.”.

(2)In section 83 of that Act (appeals), after paragraph (f) insert—

“(fza)a decision of the Commissioners—

(i)refusing or withdrawing authorisation for a person’s liability to pay VAT (or entitlement to credit for VAT) to be determined as mentioned in subsection (1) of section 26B;

(ii)as to the appropriate percentage or percentages (within the meaning of that section) applicable in a person’s case.”.

(3)In section 84 of that Act (further provisions relating to appeals), after subsection (4) insert—

“(4ZA)Where an appeal is brought—

(a)against such a decision as is mentioned in section 83(fza), or

(b)to the extent that it is based on such a decision, against an assessment,

the tribunal shall not allow the appeal unless it considers that the Commissioners could not reasonably have been satisfied that there were grounds for the decision.”.

(4)This section shall be deemed to have come into force on 24th April 2002.

24 InvoicesU.K.

(1)In the Value Added Tax Act 1994 (c. 23) omit the following (which are superseded by the provision inserted by subsection (2))—

(a)subsection (9) of section 6 (time of supply);

(b)in paragraph 2 (VAT invoices etc) of Schedule 11 (administration, collection and enforcement)—

(i)in the heading, the words “, VAT invoices”;

(ii)in sub-paragraph (1), the words from “and may require” to the end;

(iii)sub-paragraphs (2) and (2A).

(2)After paragraph 2 of Schedule 11 to that Act insert—

2A(1)Regulations may require a taxable person supplying goods or services to provide an invoice (a “VAT invoice”) to the person supplied.

(2)A VAT invoice must give—

(a)such particulars as may be prescribed of the supply, the supplier and the person supplied;

(b)such an indication as may be prescribed of whether VAT is chargeable on the supply under this Act or the law of another member State;

(c)such particulars of any VAT that is so chargeable as may be prescribed.

(3)Regulations may confer power on the Commissioners to allow the requirements of any regulations as to the information to be given in a VAT invoice to be relaxed or dispensed with.

(4)Regulations may—

(a)provide that the VAT invoice that is required to be provided in connection with a particular description of supply must be provided within a prescribed time after the supply is treated as taking place, or at such time before the supply is treated as taking place as may be prescribed;

(b)allow for the invoice to be issued later than required by the regulations where it is issued in accordance with general or special directions given by the Commissioners.

(5)Regulations may—

(a)make provision about the manner in which a VAT invoice may be provided, including provision prescribing conditions that must be complied with in the case of an invoice issued by a third party on behalf of the supplier;

(b)prescribe conditions that must be complied with in the case of a VAT invoice that relates to more than one supply;

(c)make, in relation to a document that refers to a VAT invoice and is intended to amend it, such provision corresponding to that which may be made in relation to a VAT invoice as appears to the Commissioners to be appropriate.

(6)Regulations may confer power on the Commissioners to require a person who has received in the United Kingdom a VAT invoice that is (or part of which is) in a language other than English to provide them with an English translation of the invoice (or part).

(7)Regulations under this paragraph—

(a)may be framed so as to apply only in prescribed cases or only in relation to supplies made to persons of prescribed descriptions;

(b)may make different provision for different circumstances.

2B(1)This paragraph applies where a taxable person provides to himself a document (a “self-billed invoice”) that purports to be a VAT invoice in respect of a supply of goods or services to him by another taxable person.

(2)Subject to compliance with such conditions as may be—

(a)prescribed,

(b)specified in a notice published by the Commissioners, or

(c)imposed in a particular case in accordance with regulations,

a self-billed invoice shall be treated as the VAT invoice required by regulations under paragraph 2A above to be provided by the supplier.

(3)For the purposes of section 6(4) (under which the time of supply can be determined by the prior issue of an invoice) a self-billed invoice shall not be treated as issued by the supplier.

(4)For the purposes of section 6(5) and (6) (under which the time of supply can be determined by the subsequent issue of an invoice) a self-billed invoice in relation to which the conditions mentioned in sub-paragraph (2) are complied with shall, subject to compliance with such further conditions as may be prescribed, be treated as issued by the supplier.

In such a case, any notice of election given or request made for the purposes of section 6(5) or (6) by the person providing the self-billed invoice shall be treated for those purposes as given or made by the supplier.

(5)Regulations under this paragraph—

(a)may be framed so as to apply only in prescribed cases or only in relation to supplies made to persons of prescribed descriptions;

(b)may make different provision for different circumstances.”.

(3)For paragraph 3 of that Schedule substitute—

3(1)Regulations may prescribe, or provide for the Commissioners to impose in a particular case, conditions that must be complied with in relation to—

(a)the provision by electronic means of any item to which this paragraph applies;

(b)the preservation by electronic means of any such item or of information contained in any such item.

(2)The items to which this paragraph applies are—

(a)any VAT invoice;

(b)any document that refers to a VAT invoice and is intended to amend it;

(c)any invoice described in regulations made for the purposes of section 6(8)(b) or 12(1)(b).

(3)Regulations under this paragraph may make different provision for different circumstances.”.

(4)The following amendments to the Value Added Tax Act 1994 (c. 23) are consequential on other amendments made by this section—

(a)in section 6(15), for “paragraph 2(1)” substitute “ paragraph 2A ”;

(b)in section 83 (appeals), for paragraph (z) substitute—

“(z)any conditions imposed by the Commissioners in a particular case by virtue of paragraph 2B(2)(c) or 3(1) of Schedule 11”;

(c)in section 88 (supplies spanning change of rate etc)—

(i)in subsection (5), for “paragraph 2” substitute “ paragraph 2A ”;

(ii)in subsection (6), for “section 6(9) or paragraph 7 of Schedule 4” substitute “ paragraph 7 of Schedule 4 or paragraph 2B(4) of Schedule 11 ”.

(5)This section comes into force on such day as the Treasury may by order made by statutory instrument appoint, and different days may be appointed for different provisions or different purposes.

(6)An order under subsection (5) may contain such transitional provisions and savings as appear to the Treasury necessary or expedient in connection with the provisions brought into force.

25 Relief from VAT on acquisition if importation would attract reliefU.K.

In Part 2 of the Value Added Tax Act 1994 (reliefs, exemptions and repayments), after section 36 insert—

U.K.

“Acquisitions

36A Relief from VAT on acquisition if importation would attract relief

(1)The Treasury may by order make provision for relieving from VAT the acquisition from another member State of any goods if, or to the extent that, relief from VAT would be given by an order under section 37 if the acquisition were an importation from a place outside the member States.

(2)An order under this section may provide for relief to be subject to such conditions as appear to the Treasury to be necessary or expedient.

These may—

(a)include conditions prohibiting or restricting the disposal of or dealing with the goods concerned;

(b)be framed by reference to the conditions to which, by virtue of any order under section 37 in force at the time of the acquisition, relief under such an order would be subject in the case of an importation of the goods concerned.

(3)Where relief from VAT given by an order under this section was subject to a condition that has been breached or not complied with, the VAT shall become payable at the time of the breach or, as the case may be, at the latest time allowed for compliance.”.

Part 3 U.K.Income tax, corporation tax and capital gains tax

Chapter 1U.K.Charge and rate bands

Income taxU.K.

F126 Charge and rates for 2002-03U.K.

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

F127 Indexed rate bands for 2002-03: PAYE deductions etcU.K.

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

F128 Personal allowance for 2003-04 for those aged under 65U.K.

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

F129 Personal allowances for 2003-04 for those aged 65 or overU.K.

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

Corporation taxU.K.

30 Charge and main rate for financial year 2003U.K.

Corporation tax shall be charged for the financial year 2003 at the rate of 30%.

31 Small companies’ rate and fraction for financial year 2002U.K.

For the financial year 2002—

(a)the small companies’ rate shall be 19%, and

(b)the fraction mentioned in section 13(2) of the Taxes Act 1988 (marginal relief for small companies) shall be 11/400ths.

32 Corporation tax starting rate and fraction for financial year 2002U.K.

For the financial year 2002—

(a)the corporation tax starting rate shall be 0%, and

(b)the fraction mentioned in section 13AA(3) of the Taxes Act 1988 (marginal relief for small companies) shall be 19/400ths.

Chapter 2U.K.Other provisions

Employment income and related mattersU.K.

F233 Employer-subsidised public transport bus servicesU.K.

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

F234 Car fuel: calculation of cash equivalent of benefitU.K.

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

F235 Statutory paternity pay and statutory adoption payU.K.

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

F236 Exemption of minor benefits: application to non-cash vouchersU.K.

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

F237 Minor amendments to Schedule E chargeU.K.

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

38 Provision of services through an intermediary: minor amendmentsU.K.

(1)Schedule 12 to the Finance Act 2000 (c. 17) (provision of services through an intermediary) is amended as follows.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4)In that Part, in paragraph 18(3) (restriction on expenses deductible in calculating profits of partnership intermediary), for paragraph (a) substitute—

“(a)the amount that, in calculating the deemed Schedule E payment, is deducted under Step Three of the calculation in paragraph 7, and”.

(5)This section has effect for the year 2002-03 and subsequent years of assessment.

F439 Employee share ownership plans: minor amendmentsU.K.

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

40 Treatment of deductions from payments to sub-contractorsU.K.

F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 829 of the Taxes Act 1988 (application of Income Tax Acts to public departments), after subsection (2) insert—

“(2A)Subsections (1) and (2) above have effect in relation to Chapter 4 of Part 13 of this Act (sub-contractors in the construction industry) as if the whole of any deduction required to be made under section 559 were in all cases a deduction of income tax.”.

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section has effect in relation to deductions made under section 559 of the Taxes Act 1988 on or after 6th April 2002.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F841 Parliamentary visits to EU candidate countries: tax treatment of members’ expensesU.K.

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

Chargeable gainsU.K.

42 Reallocation within group of gain or loss accruing under section 179U.K.

(1)After section 179 of the Taxation of Chargeable Gains Act 1992 (c. 12) (company ceasing to be member of group) insert—

“179A Reallocation within group of gain or loss accruing under section 179

(1)This section applies where—

(a)a company (“company A”) is treated by virtue of section 179(3) or (6) as having sold and immediately reacquired an asset at market value, and

(b)a chargeable gain or an allowable loss accrues to the company on the deemed sale.

(2)In this section “time of accrual” means—

(a)in a case where section 179(3) applies, the time at which, by virtue of section 179(4), the gain or loss referred to in subsection (1) above is treated as accruing to company A;

(b)in a case where section 179(6) applies, the latest time at which the company satisfies the conditions in section 179(7).

(3)If—

(a)a joint election under this section is made by company A and a company (“company C”) that was a member of the relevant group at the time of accrual, and

(b)the conditions in subsections (6) to (8) below are all met,

the chargeable gain or allowable loss accruing on the deemed sale, or such part of it as may be specified in the election, shall be treated as accruing not to company A but to company C.

(4)In subsection (3) above “the relevant group” means—

(a)in a case where section 179(3) applies, the group of which company A was a member at the time of accrual;

(b)in a case where section 179(6) applies, the second group referred to in section 179(5).

(5)Where two or more elections are made each specifying a part of the same gain or loss, the total amount specified may not exceed the whole of that gain or loss.

(6)The first condition is that, at the time of accrual, company C—

(a)was resident in the United Kingdom, or

(b)owned assets that were chargeable assets in relation to it.

(7)The second condition is that neither company A nor company C was at that time a qualifying friendly society within the meaning given by section 171(5)).

(8)The third condition is that company C was not at that time an investment trust, a venture capital trust or a dual resident investing company.

(9)A gain or loss treated by virtue of this section as accruing to a company that is not resident in the United Kingdom shall be treated as accruing in respect of a chargeable asset held by that company.

(10)An election under this section must be made—

(a)by notice to an officer of the Board;

(b)no later than two years after the end of the accounting period of company A in which the time of accrual fell.

(11)Any payment by company A to company C, or by company C to company A, in pursuance of an agreement between them in connection with the election—

(a)shall not be taken into account in computing profits or losses of either company for corporation tax purposes, and

(b)shall not for any purposes of the Corporation Tax Acts be regarded as a distribution or a charge on income,

provided it does not exceed the amount of the chargeable gain or allowable loss that is treated, as a result of the election, as accruing to company C.

(12)For the purposes of this section an asset is a “chargeable asset” in relation to a company at a particular time if any gain accruing to the company on a disposal of the asset by the company at that time would be a chargeable gain and would by virtue of section 10(3) form part of its chargeable profits for corporation tax purposes.”.

(2)In Schedule 7B to that Act (modification of Act in relation to overseas life insurance companies), immediately before paragraph 8 insert—

“7AIn section 179A(12), the words “section 11(2)(b), (c) or (d) of the Taxes Act” shall be treated as substituted for “section 10(3)".”.

(3)In section 97(1) of the Inheritance Tax Act 1984 (c. 51) (transfers within group, etc)—

(a)after sub-paragraph (ii) of paragraph (a) insert “or—

(iii)an election under section 179A of that Act as a result of which a chargeable gain is treated as accruing to the transferor company instead of to another member of the group, or an allowable loss is treated as accruing to another member of the group instead of to the transferor company,”;

(b)in paragraph (aa) for “the deemed transfer” substitute “ the election ”.

(4)This section applies—

(a)in relation to a case where a company is treated by virtue of section 179(3) of the Taxation of Chargeable Gains Act 1992 (c. 12) as having sold and immediately reacquired an asset, where the company’s ceasing to be a member of the group in question happens on or after 1st April 2002;

(b)in relation to a case where a company is so treated by virtue of section 179(6) of that Act, where the relevant time (within the meaning of that subsection) is on or after that date.

43 Roll-over of degrouping charge on business assetsU.K.

(1)After section 179A of the Taxation of Chargeable Gains Act 1992 (c. 12) (inserted by section 42 above) insert—

“179B Roll-over of degrouping charge on business assets

(1)Where a company is treated by virtue of section 179(3) or (6) as having sold and immediately reacquired an asset at market value, relief under section 152 or 153 (roll-over relief on replacement of business assets) is available in accordance with this section in relation to any gain accruing to the company on the deemed sale.

(2)For this purpose, sections 152 and 153 and the other enactments specified in Schedule 7AB apply with the modifications set out in that Schedule.

(3)Where there has been an election under section 179A, any claim for relief available in accordance with this section must be made by company C rather than company A.

(4)For this purpose, the enactments modified by Schedule 7AB have effect as if—

(a)references to company A, except those in sections 152(1)(a) and (1B), 153(1B), 153A(5), 159(1), 175 and 198(1), were to company C;

(b)the references to “that company” in section 159(1) and “the company” in section 185(3)(b) were to company C;

(c)the reference to “that trade” in section 198(1) were to a ring fence trade carried on by company C.

(5)Where there has been an election under section 179A in respect of part only of the chargeable gain accruing on the deemed sale of an asset, the enactments modified by Schedule 7AB and subsections (3) and (4) above apply as if the deemed sale had been of a separate asset representing a corresponding part of the asset; and any necessary apportionments shall be made accordingly.

(6)A reference in this section to company A or to company C is to the company referred to as such in section 179A.”.

(2)After Schedule 7AA to the 1992 Act insert the Schedule 7AB set out in Schedule 7 to this Act.

(3)In section 86(2) of the Finance Act 1993 (c. 34) (roll-over relief: power to amend section 155 of the 1992 Act by order), at the end add—

“Any such order may make such consequential amendments of Schedule 7AB as appear to the Treasury to be appropriate.”.

(4)This section applies—

(a)in relation to a case where a company is treated by virtue of section 179(3) of the 1992 Act as having sold and immediately reacquired an asset, where the company’s ceasing to be a member of the group in question happens on or after 1st April 2002;

(b)in relation to a case where a company is so treated by virtue of section 179(6) of that Act, where the relevant time (within the meaning of that subsection) is on or after that date.

44 Exemptions for disposals by companies with substantial shareholdingU.K.

(1)In Chapter 1 of Part 6 of the Taxation of Chargeable Gains Act 1992 (c. 12) (provisions relating to chargeable gains of companies), after section 192 insert—

U.K.

“Disposals by companies with substantial shareholding

192A Exemptions for gains or losses on disposal of shares etc

Schedule 7AC (exemptions for disposal of shares etc by companies with substantial shareholding) has effect.”.

(2)Schedule 8 to this Act (exemptions for disposals by companies with substantial shareholding) has effect.

In that Schedule—

• Part 1 contains Schedule 7AC to be inserted after Schedule 7AB to the Taxation of Chargeable Gains Act 1992 (c. 12) (inserted by Schedule 7 to this Act); and

• Part 2 contains consequential amendments.

(3)This section and Schedule 8 to this Act apply in relation to disposals on or after 1st April 2002.

(4)Paragraph 38 of the Schedule 7AC inserted by that Schedule (degrouping: time when deemed sale and reacquisition treated as taking place) has effect where the time of degrouping or relevant time (as defined for the purposes of that paragraph) is on or after that date.

(5)The amendment made by paragraph 2 of Schedule 8 to this Act has effect where the company in question ceases to be a member of the group in question on or after that date.

45 Share exchanges and company reconstructionsU.K.

(1)Schedule 9 to this Act (chargeable gains: share exchanges and company reconstructions) has effect.

(2)In that Schedule—

• Part 1 provides for the replacement of sections 135 and 136 of the Taxation of Chargeable Gains Act 1992;

• Part 2 makes consequential amendments; and

• Part 3 provides for commencement.

46 Taper relief: holding period for business assetsU.K.

(1)In the table in section 2A(5) of the Taxation of Chargeable Gains Act 1992 (calculation of taper relief), for the first two columns (under the heading “Gains on disposals of business assets”) substitute—

(2)This section applies to disposals on or after 6th April 2002.

47 Taper relief: minor amendmentsU.K.

Schedule 10 to this Act contains minor amendments relating to taper relief under the Taxation of Chargeable Gains Act 1992 (c. 12).

F948 Use of trading losses against chargeable gainsU.K.

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

49 Election to forgo roll-over relief on transfer of businessU.K.

(1)After section 162 of the Taxation of Chargeable Gains Act 1992 (c. 12) (roll-over relief on transfer of business) insert—

“162A Election for section 162 not to apply

(1)Section 162 shall not apply where the transferor makes an election under this section.

(2)An election under this section must be made by a notice given to an officer of the Board no later than the relevant date.

(3)Except where subsection (4) below applies, the relevant date is the second anniversary of the 31st January next following the year of assessment in which the transfer of the business took place.

(4)Where, by the end of the year of assessment following the one in which the transfer of the business took place, the transferor has disposed of all the new assets, the relevant date is the first anniversary of the 31st January next following the year of assessment in which the transfer of the business took place.

(5)For the purposes of subsection (4) above—

(a)a disposal of any of the new assets by the transferor shall be disregarded if it falls within section 58(1) (transfers between husband and wife); but

(b)where a disposal of any assets to a person is disregarded by virtue of paragraph (a) above, a subsequent disposal by that person of any of those assets (other than a disposal to the transferor) shall be regarded as a disposal by the transferor.

(6)All such adjustments shall be made, whether by way of discharge or repayment of tax, the making of assessments or otherwise, as are required to give effect to an election under this section.

(7)Where, immediately before it was transferred, the business was owned by two or more persons—

(a)each of them has a separate entitlement to make an election under this section;

(b)an election made by a person by virtue of paragraph (a) above shall apply only to—

(i)the share of the amount of the gain on the old assets, and

(ii)the share of the new assets,

that is attributable to that person for the purposes of this Act.

(8)The reference in subsection (7) above to ownership by two or more persons includes, in Scotland as well as elsewhere in the United Kingdom, a reference to ownership by a partnership consisting of two or more persons.

(9)Expressions used in this section and in section 162 have the same meaning in this section as in that one.

But references in this section to new assets also include any shares or debentures that are treated by virtue of one or more applications of section 127 (including that section as applied by virtue of any enactment relating to chargeable gains) as the same asset as the new assets.”.

(2)This section applies in relation to a transfer of a business on or after 6th April 2002.

50 Shares acquired on same day: election for alternative treatmentU.K.

(1)After section 105 of the Taxation of Chargeable Gains Act 1992 (c. 12) (disposal on or before day of acquisition of shares and other unidentified assets) insert—

“105A Shares acquired on same day: election for alternative treatment

(1)Subsection (2) below applies where an individual—

(a)acquires shares (“the relevant shares”) of the same class, on the same day and in the same capacity, and

(b)some of the relevant shares (“the approved-scheme shares”) are shares acquired by him as a result of—

(i)the exercise of a qualifying option within the meaning of paragraph 1(1) of Schedule 14 to the Finance Act 2000 (enterprise management incentives) in circumstances where paragraph 44, 45 or 46 of that Schedule (exercise of option to acquire shares) applies, or

(ii)the exercise of an option to which subsection (1) of section 185 of the Taxes Act (approved share option schemes) applies in circumstances where paragraphs (a) and (b) of subsection (3) of that section apply.

(2)Where the individual first makes a disposal of any of the relevant shares, he may elect for subsections (3) to (5) below to have effect in relation to that disposal and all subsequent disposals of any of those shares.

(3)In circumstances where section 105 applies, that section shall have effect as if—

(a)paragraph (a) of subsection (1) of that section required the approved-scheme shares to be treated as acquired by the individual by a single transaction separate from the remainder of the relevant shares (which shall also be treated by virtue of that paragraph as acquired by the individual by a single transaction), and

(b)subsection (1) of that section required the approved-scheme shares to be treated as disposed of after the remainder of the relevant shares.

(4)If the relevant shares include shares to which relief under Chapter 3 of Part 7 of the Taxes Act or deferral relief (within the meaning of Schedule 5B to this Act) is attributable—

(a)paragraph 4(4) of that Schedule has effect as if it required the approved-scheme shares falling within paragraph (a), (b), (c) or (d) of that provision to be treated as disposed of after the remainder of the relevant shares falling within the paragraph in question, and

(b)section 299 of the Taxes Act has effect for the purposes of section 150A(4) below as if it required—

(i)the approved-scheme shares falling within paragraph (a), (b), (c) or (d) of subsection (6A) of section 299 of that Act to be treated as disposed of after the remainder of the relevant shares falling within the paragraph in question, and

(ii)the approved-scheme shares to which subsection (6B) of that section applies to be treated as disposed of after the remainder of the relevant shares to which that subsection applies.

(5)Where section 127 applies in relation to any of the relevant shares (“the reorganisation shares”), that section shall apply separately to such of those shares as are approved-scheme shares and to the remainder of the reorganisation shares (so that those approved-scheme shares and the remainder of the reorganisation shares are treated as comprised in separate holdings of original shares and identified with separate new holdings).

(6)In subsection (5)—

(a)the reference to section 127 includes a reference to that section as it is applied by virtue of any enactment relating to chargeable gains, and

(b)“original shares” and “new holding” have the same meaning as in section 127 or (as the case may be) that section as applied by virtue of the enactment in question.

(7)For the purposes of subsection (1) above—

(a)any shares to which relief under Chapter 3 of Part 7 of the Taxes Act is attributable and which were transferred to an individual as mentioned in section 304 of that Act, and

(b)any shares to which deferral relief (within the meaning of Schedule 5B to this Act), but not relief under that Chapter, is attributable and which were acquired by an individual on a disposal to which section 58 above applies,

shall be treated as acquired by the individual on the day on which they were issued.

(8)In this section the references to Chapter 3 of Part 7, section 299 and section 304 of the Taxes Act shall be read as references to those provisions as they apply to shares issued after 31st December 1993 (enterprise investment scheme).

105B Provision supplementary to section 105A

(1)The provisions of section 105A have effect in the case of any disposal notwithstanding that some or all of the securities disposed of are otherwise identified—

(a)by the disposal, or

(b)by a transfer or delivery giving effect to it.

(2)An election must be made, by a notice given to an officer of the Board, on or before the first anniversary of the 31st January next following the year of assessment in which the individual first makes a disposal of any of the relevant shares.

(3)Where—

(a)an election is made in respect of the relevant shares, and

(b)any shares (“the other shares”) acquired by the individual on the same day and in the same capacity as the relevant shares cease to be treated under section 104(4) as shares of a different class from the relevant shares,

the election shall have effect in respect of the other shares from the time they cease to be so treated.

(4)In determining for the purposes of section 105A(2) and subsection (2) above whether the individual has made a disposal of any of the relevant shares, sections 122(1) and 128(3) shall be disregarded.

(5)No election may be made in respect of ordinary shares in a venture capital trust.

For this purpose “ordinary shares” has the meaning given in section 151A(7).

(6)For the purposes of section 105A, shares in a company shall not be treated as being of the same class unless they are so treated by the practice of a recognised stock exchange, or would be so treated if dealt with on that recognised stock exchange.

(7)In section 105A(2) to (5) and subsections (2) to (4) above, any reference to the relevant shares or to the approved-scheme shares includes a reference to the securities (if any) directly or indirectly derived from the shares in question by virtue of one or more applications of section 127 (including that section as applied by virtue of any enactment relating to chargeable gains).

(8)In this section—

• “the approved-scheme shares” has the same meaning as in section 105A;

• “election” means an election under that section;

• “the relevant shares” has the same meaning as in that section; and

• “securities” has the meaning given in section 104(3);

and in subsection (4) the reference to section 128(3) includes a reference to that provision as it is applied by virtue of any enactment relating to chargeable gains.”.

(2)The amendment made by subsection (1) has effect in relation to shares acquired by an individual on or after 6th April 2002.

(3)For this purpose—

(a)any shares to which relief under Chapter 3 of Part 7 of the Taxes Act 1988 is attributable and which were transferred to an individual as mentioned in section 304 of that Act, and

(b)any shares to which deferral relief (within the meaning of Schedule 5B to the Taxation of Chargeable Gains Act 1992 (c. 12)), but not relief under that Chapter, is attributable and which were acquired by an individual on a disposal to which section 58 of that Act applies,

shall be treated as acquired by the individual on the day on which they were issued.

(4)In subsection (3)(a), the references to Chapter 3 of Part 7 and section 304 of the Taxes Act 1988 shall be read as references to those provisions as they apply to shares issued after 31st December 1993 (enterprise investment scheme).

51 Deduction of personal losses from gains treated as accruing to settlorsU.K.

Schedule 11 to this Act (deduction of personal losses from gains treated as accruing to settlors) has effect.

52 Capital gains tax: variation of dispositions taking effect on deathU.K.

(1)In section 62(7) of the Taxation of Chargeable Gains Act 1992 (c. 12) (election to treat subsequent variation of dispositions taking effect on death as if effected by deceased) for the words from “unless” to the end of the subsection substitute “ unless the instrument contains a statement by the persons making the instrument to the effect that they intend the subsection to apply to the variation. ”.

(2)This section applies in relation to instruments made on or after 1st August 2002.

New reliefsU.K.

53 Tax relief for expenditure on research and developmentU.K.

(1)Schedule 12 to this Act has effect for accounting periods ending on or after 1st April 2002.

(2)In that Schedule—

• Part 1 makes provision about tax relief for large companies on expenditure on research and development;

• Part 2 makes provision about tax relief for small companies on expenditure on research and development that is sub-contracted to them;

• Parts 3 to 6 make provision about the form of the relief, special provision about insurance companies and supplementary and general provision.

54 Tax relief for expenditure on vaccine research etcU.K.

(1)Schedule 13 to this Act (which makes provision for tax relief for companies’ expenditure on vaccine research etc) has effect.

(2)Schedule 14 to this Act (which makes provision consequential on Schedule 13) has effect.

55 Gifts of medical supplies and equipmentU.K.

(1)This section applies where, for humanitarian purposes, a company makes a gift from trading stock of medical supplies, or medical equipment, for human use.

(2)For the purposes of the Tax Acts, no amount shall be required to be brought into account as a trading receipt of the company in consequence of the making of the gift.

(3)Any costs of transportation, delivery or distribution incurred by the company in making the gift may be deducted in computing for the purposes of corporation tax the profits of the company’s trade for the accounting period in which the costs are incurred.

(4)In any case where—

(a)relief is given under subsection (2) in respect of the making of a gift and any benefit received in any accounting period by the company or any connected person is in any way attributable to the making of that gift, or

(b)relief is given under subsection (3) and any benefit so received is in any way attributable to the company’s incurring of the costs referred to in that subsection,

the company shall in respect of that period be charged to corporation tax under Case I of Schedule D or, if the company is not chargeable to corporation tax under that Case for that period, under Case VI of Schedule D on an amount equal to the amount of that benefit.

(5)Section 839 of the Taxes Act 1988 (connected persons) applies for the purposes of subsection (4).

(6)The Treasury may by order provide that this section is not to have effect in relation to medical supplies or medical equipment of such descriptions as may be specified in the order.

(7)This section has effect in relation to gifts made on or after 1 April 2002.

56 R&D tax relief for small and medium-sized enterprises: minor and consequential amendmentsU.K.

Schedule 15 to this Act (which makes minor amendments to Schedule 20 to the Finance Act 2000 (tax relief for R&D expenditure of small and medium-sized enterprises), including amendments consequential on Schedules 12 and 13 to this Act) has effect for accounting periods ending on or after 1st April 2002.

57 Community investment tax reliefU.K.

(1)Schedule 16 to this Act (community investment tax relief) has effect.

(2)Schedule 17 to this Act (which makes provision consequential on the introduction of community investment tax relief) has effect.

(3)Schedules 16 and 17 shall come into force on such day as the Treasury may by order appoint.

(4)On and after that day—

(a)Schedule 16 shall have effect in relation to—

(i)investments made on or after such day as the Treasury may so appoint, being a day not earlier than 17th April 2002, and

(ii)claims made on or after such day as the Treasury may so appoint,

(b)paragraphs 2 to 4 of Schedule 17 shall have effect for years of assessment ending on or after the day appointed under paragraph (a)(i), and

(c)paragraph 5 of that Schedule shall have effect for accounting periods ending on or after that day.

58 Relief for community amateur sports clubsU.K.

(1)Schedule 18 to this Act (relief for community amateur sports clubs) has effect.

(2)Parts 1, 5 and 6 of that Schedule shall be deemed to have come into force on 1st April 2002.

Accordingly, an application under that Schedule by a club to be registered as a community amateur sports club may be granted with effect from that date or any subsequent date before the passing of this Act.

(3)Parts 2 and 4 of that Schedule have effect in relation to accounting periods ending on or after 1st April 2002.

(4)Part 3 of that Schedule has effect in relation to gifts made on or after 6th April 2002.

Capital allowances and related mattersU.K.

59 Cars with low carbon dioxide emissionsU.K.

Schedule 19 to this Act (first-year allowances in respect of expenditure on cars with low CO₂ emissions and exemption from single asset pool rules) has effect in relation to expenditure incurred on or after 17th April 2002.

60 Expense of hiring cars with low carbon dioxide emissionsU.K.

(1)In section 578A of the Taxes Act (expenditure on car hire) after subsection (2) (cars to which section 578A applies) insert—

“(2A)This section does not apply to the hiring of a car, other than a motorcycle, if—

(a)it is an electrically-propelled car, or

(b)it is a car with low CO₂ emissions.

(2B)In subsection (2A) above—

• “car” has the meaning given by section 578B;

• “car with low CO₂ emissions” has the meaning given by section 45D of the Capital Allowances Act 2001 (expenditure on cars with low CO₂ emissions to be first-year qualifying expenditure);

• “electrically-propelled car” has the meaning given by that section.”.

(2)The amendment made by this section has effect in relation to expenditure—

(a)which is incurred on or after 17th April 2002 on the hiring of a car which is first registered on or after that date, and

(b)which is incurred on the hiring of a car, for a period of hire which begins on or before 31st March 2008, under a contract entered into on or before 31st March 2008.

61 Plant or machinery for gas refuelling station: first-year allowancesU.K.

Schedule 20 to this Act (first-year allowances in respect of expenditure on plant or machinery for gas refuelling station) has effect in relation to expenditure incurred on or after 17th April 2002.

F1062 Expenditure on green technologies: leasingU.K.

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

63 First-year allowances for expenditure wholly for a ring fence tradeU.K.

(1)Schedule 21 to this Act shall have effect.

(2)In that Schedule—

(a)Part 1 makes provision for and in connection with first-year allowances under Part 2 of the Capital Allowances Act 2001 in respect of expenditure incurred by a company on the provision of plant or machinery for use wholly for the purposes of a ring fence trade chargeable to tax under section 501A of the Taxes Act 1988 (inserted by section 91 of this Act); and

(b)Part 2 makes provision for and in connection with first-year allowances under Part 5 of that Act (mineral extraction allowances) in respect of expenditure incurred by a company wholly for the purposes of such a trade.

(3)The amendments made by that Schedule have effect in relation to expenditure incurred on or after 17th April 2002.

Computation of profitsU.K.

64 Adjustment on change of basisU.K.

(1)The provisions of Schedule 22 to this Act have effect as to the adjustment or adjustments to be made for [F11corporation] tax purposes where—

(a)there is, from one period of account to the next of a trade, profession or vocation, a change of basis in computing profits for the purposes of Case I or II of Schedule D,

(b)the old basis accorded with the law or practice applicable in relation to the period of account before the change, and

(c)the new basis accords with the law and practice applicable in relation to the period of account after the change.

For the purposes of paragraphs (b) and (c) the practice applicable in any case means the accepted practice in cases of that description as to how profits should be computed for the purposes of Case I or II of Schedule D.

(2)A “change of basis” means—

(a)a relevant change of accounting approach, or

(b)a change in the tax adjustments applied.

[F12(3)A “relevant change of accounting approach” means—

(a)a change of accounting principle or practice that, in accordance with generally accepted accounting practice, gives rise to a prior period adjustment, or

(b)a change from using UK generally accepted accounting practice to using generally accepted accounting practice with respect to accounts drawn up in accordance with international accounting standards.]

(4)A “tax adjustment” means any such adjustment as is mentioned in section 42(1) of the Finance Act 1998 (c. 36) (adjustments required or authorised by law in computing profits for tax purposes).

(5)A “change in the tax adjustments applied”—

(a)does not include a change made in order to comply with amending legislation not applicable to the previous period of account, but

(b)includes a change resulting from a change of view as to what is required or authorised by law, or as to whether any adjustment is so required or authorised.

(6)The provisions of this section and Schedule 22 to this Act have effect in place of the provisions of section 44 of, and Schedule 6 to, the Finance Act 1998 (c. 36).

65 Postponement of change to mark to market in certain casesU.K.

(1)This section applies in relation to the computation in accordance with the provisions of Case I of Schedule D of the profits of the insurance business, other than life assurance business, of—

(a)an insurance company,

(b)a corporate member of Lloyd’s, or

(c)a controlled foreign company.

(2)For periods of account to which this section applies nothing in—

(a)section 70 of the Taxes Act 1988 (assessment to corporation tax on full amount of profits, etc), or

(b)section 42 of the Finance Act 1998 (c. 36) (computation of profits to be on basis giving true and fair view),

prevents the company from computing the profits of that business on a realisation basis rather than a mark to market basis.

A “realisation basis” means not recognising a profit or loss on an asset until it is realised, and a “mark to market basis” means bringing assets into account in each period of account at a fair value.

(3)Subject to subsection (4), this section applies in relation to any period of account that—

(a)began before 1st August 2001, and

(b)ends before 31st July 2002.

(4)This section does not apply if—

(a)an earlier period of account beginning on or after 1st January 2001 ended with an accounting date different from that with which the previous period of account ended,

(b)the change of accounting date was notified—

(i)to the registrar of companies, or

(ii)in the case of a company established under the law of a country or territory outside the United Kingdom, to the corresponding authority of that country or territory,

on or after 17th April 2002, and

(c)the purpose, or one of the purposes, for which the change was made was so that a subsequent period of account would be one to which section 64 above applies (computation of profits: adjustment on change of basis).

(5)In this section—

• “controlled foreign company” has the same meaning as in Chapter 4 of Part 17 of the Taxes Act 1988; and

• “corporate member of Lloyd’s” means a corporate member as defined in section 230(1) of the Finance Act 1994 (c. 9).

66 Election to continue postponement of mark to marketU.K.

(1)Where section 65 (postponement of change to mark to market in certain cases) applies in relation to a period of account, the company may elect that it shall continue to apply in relation to subsequent periods of account as regards assets held by it on 1st January 2002.

Any such election must be made within twelve months after the end of the accounting period of the company current on that date.

(2)An insurance company that carries on both long-term business and business other than long-term business may make an election under this section limited to assets held by the company otherwise than in the company’s long-term insurance fund.

(3)For the purpose of determining whether an election under this section applies to an asset in a case where—

(a)assets are realised by the company in an accounting period beginning on or after 1st January 2002,

(b)the assets are of such a kind that the particular assets realised are not readily identifiable,

(c)the realisation does not exhaust the company’s holding, and

(d)some but not all of the company’s holding was acquired after 1st January 2002,

assets realised shall be identified with assets acquired on the same basis as that used by the company for accounting purposes, unless the basis used by the company is “last in, first out” in which case assets realised shall be identified with assets acquired on or before 1st January 2002 in priority to assets acquired after that day.

(4)Where a company has made an election under this section and—

(a)an asset in relation to which the election has effect is transferred to another company (“the transferee company”) in pursuance of a transfer scheme, and

(b)immediately after the transfer either—

(i)the transferee company is resident in the United Kingdom, or

(ii)the asset is held for the purposes of a business carried on by the transferee company in the United Kingdom through a branch or agency,

this section applies as if the transferee company had made an election under this section in relation to that asset.

(5)In this section—

• “insurance business” means business that consists of the effecting or carrying out of contracts of insurance and for the purposes of this definition “contract of insurance” has the meaning given in Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544);

• “insurance company”, “long-term business” and “long-term insurance fund” have the same meaning as in Chapter 1 of Part 12 of the Taxes Act 1988 (see section 431(2) of that Act);

• “transfer scheme” means—

  (a)

  a scheme under section 105 of the Financial Services and Markets Act 2000 (c. 8), including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section, or

  (b)

  a qualifying overseas transfer scheme.

(6)A “qualifying overseas transfer scheme” means—

(a)so much of a transfer of the whole or part of the business of an overseas life insurance company carried on through a [F13permanent establishment] in the United Kingdom as takes place in accordance with an authorisation granted outside the United Kingdom for the purposes of [F14Article 14 of the consolidated life assurance directive], or

(b)so much of a transfer of the whole or part of the business of an insurance company other than an overseas life insurance company as takes place in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 12 of the third non-life insurance directive.

(7)In subsection (6)—

• “overseas life insurance company” has the same meaning as in Chapter 2 of Part 12 of the Taxes Act 1988 (see section 431(2) of that Act);

• [F15“the consolidated life assurance directive” means the Directive of the European Parliament and of the Council of 5th November 2002 concerning life assurance (No.2002/83/EC);]

• “the third non-life insurance directive” means Council Directive 92/49/EEC on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC.

67 Mark to market: miscellaneous amendmentsU.K.

(1)In section 473 of the Taxes Act 1988 (roll-over of securities held as circulating capital)—

(a)in the opening words of subsection (2), omit “, if the securities were not such as are mentioned in subsection (1)(b) above”;

(b)in subsection (2)(a), and in subsection (7), for “would result” substitute “ results ”; and

(c)in subsection (2)(b) for “would be” substitute “ is ”.

(2)After subsection (2) of that section insert—

“(2A)This section does not apply to securities in respect of which unrealised profits or losses, calculated by reference to the fair value of the securities at the end of a period of account, are taken into account in the period of account in which the transaction mentioned in subsection (2) above occurs.

(2B)Subsection (2A) above shall be disregarded in determining for the purposes of section 66 of the Finance Act 2002 (election to continue postponement of mark to market) whether an asset was held by a person on 1st January 2002.”.

(3)In section 81 of the Finance Act 1999 (c. 16) (acquisitions disregarded under insurance companies concession), at the end add—

“(13)If the relevant company changes from—

(a)not recognising a profit or loss on an asset until it is realised, to

(b)bringing assets into account in each period of account at a fair value,

then, in calculating the amount of any adjustment required under Schedule 22 to the Finance Act 2002 (calculation of adjustment on change of basis), the amount to be taken into account as the cost of the asset in relation to a period of account before the change is the cost of the previous acquisition.”.

(4)The provisions of this section come into force as follows—

(a)the amendments in subsections (1) and (2) apply in relation to periods of account ending on or after 1st August 2001;

(b)the amendment in subsection (3) applies wherever an adjustment falls to be made under Schedule 22 to the Finance Act 2002 (see Part 5 of that Schedule).

68 Expenditure involving crimeU.K.

(1)In section 577A(1) of the Taxes Act 1988 (no deduction to be made for expenditure incurred in making a payment the making of which constitutes a criminal offence)—

(a)after “incurred” insert “ (a) ”, and

(b)at the end insert “, or

(b)in making a payment outside the United Kingdom where the making of a corresponding payment in any part of the United Kingdom would constitute a criminal offence there.”.

(2)This section applies in relation to expenditure incurred on or after 1st April 2002.

Financial instrumentsU.K.

69 F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

70F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Loan relationshipsU.K.

71 Accounting method where rate of interest etc is resetU.K.

(1)After section 88 of the Finance Act 1996 (c. 8) insert—

“88A Accounting method where rate of interest is reset

(1)This section applies where—

(a)the conditions in subsections (2) and (3) below are satisfied in relation to an asset representing a creditor relationship of a company; and

(b)the object, or one of the main objects, of the company entering into or becoming a party to the creditor relationship was the securing, whether for itself or any other person, of a tax advantage (within the meaning of Chapter 1 of Part 17 of the Taxes Act 1988).

(2)The first condition is that there is or has at any time been a change in—

(a)the rate of interest payable in the case of the asset;

(b)the amount payable to discharge the debt; or

(c)the time at which any payments under the asset (whether of interest or otherwise) fall due.

(3)The second condition is that the difference between—

(a)the fair value of the asset immediately after the change, and

(b)the issue price of the asset,

is equal to at least 5 per cent of the issue price of the asset.

(4)On and after the day on which the conditions in subsections (2) and (3) above become satisfied in the case of an asset, the only accounting method authorised for the purposes of this Chapter for use by any company as respects a creditor relationship represented by the asset shall be an authorised mark to market basis of accounting.

(5)Where section 90 below applies in consequence of subsection (4) above, no debit shall be brought into account under subsection (2)(c) or (3)(b) of that section.

(6)In determining the fair value of an asset for any purpose of this section it shall be assumed that all amounts payable by the debtor will be paid in full as they fall due.”.

(2)This section has effect on and after the relevant day.

(3)Where an authorised mark to market basis of accounting—

(a)is required by virtue of this section to be used on and after the relevant day as respects a creditor relationship of a company, but

(b)was not being used immediately before that day as respects the relationship,

the asset representing the relationship shall be treated for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 as having been acquired by the company for the asset’s fair value (as determined for the purposes of section 88A of that Act) on the relevant day.

(4)For the purposes of this section “the relevant day” is—

(a)19th December 2001, in a case where section 88A of that Act applies by reason of a change in the rate of interest payable in the case of the asset in question; or

(b)24th April 2002, in any other case.

F1872 Convertible securities etc: loan relationshipsU.K.

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

F1973 Convertible securities etc: issuing company not to be connected companyU.K.

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

F2074 Convertible securities etc: debtor relationshipsU.K.

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

F2175 Asset-linked loan relationshipsU.K.

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

F2176 Asset-linked loan relationships involving guaranteed returnsU.K.

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

F2177 Loan relationships ceasing to be within section 93 of the Finance Act 1996U.K.

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

F2278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Foreign exchange gains and losses, loan relationships and currencyU.K.

79 Forex and exchange gains and losses from loan relationships etcU.K.

(1)The following provisions shall cease to have effect—

(a)paragraph 4 of Schedule 9 to the Finance Act 1996 (c. 8) (which excludes foreign exchange gains and losses from the computation of credits and debits under the loan relationships legislation); and

(b)in consequence, sections 125 to 169 of the Finance Act 1993 (c. 34) (taxation of foreign exchange gains and losses).

(2)Schedule 23 to this Act (which makes provision in relation to exchange gains and losses from loan relationships etc) shall have effect.

(3)The amendments made by subsection (1) and by Parts 1 and 2 of Schedule 23 have effect in relation to accounting periods beginning on or after 1st October 2002.

80 Corporation tax: currencyU.K.

(1)Schedule 24 to this Act (which makes provision in relation to corporation tax and currency) shall have effect.

(2)This section has effect in relation to accounting periods beginning on or after 1st October 2002.

81 Transitional provisionU.K.

(1)The Treasury may by regulations make such transitional or consequential provision, or such savings (with or without modifications), as they may from time to time consider appropriate in consequence of, or otherwise in connection with, any provision of section 79 or 80 or Schedule 23 or 24 (or any repeal consequential on any such provision).

(2)The power conferred by subsection (1) includes power—

(a)to make different provision for different cases or different purposes;

(b)to amend any statutory instrument; and

(c)to make incidental or supplementary provision.

(3)The provision that may be made by virtue of subsection (1) or (2) includes provision for or in connection with bringing amounts into account—

(a)for the purposes of the Taxation of Chargeable Gains Act 1992 (c. 12), as if they were chargeable gains or allowable losses; or

(b)for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (c. 8), as if they were credits or debits in respect of a loan relationship or a related transaction of the company concerned.

(4)Nothing in any provision of Schedule 23 or 24 shall prejudice the operation of this section.

(5)Nothing in this section or in Schedule 23 or 24 limits the operation of section 16 or 17 of the Interpretation Act 1978 (c. 30) (effect of repeals).

Loan relationships and other money debtsU.K.

82 Loan relationships: general amendmentsU.K.

(1)Schedule 25 to this Act (which makes provision in relation to loan relationships) shall have effect.

(2)The amendments made by Parts 1 and 2 of that Schedule have effect in relation to accounting periods beginning on or after 1st October 2002.

Derivative contractsU.K.

83 Derivative contractsU.K.

(1)The following shall have effect—

(a)Schedule 26 to this Act (which makes provision for the taxation of derivative contracts);

(b)Schedule 27 to this Act (which makes minor and consequential amendments relating to the taxation of derivative contracts); and

(c)Schedule 28 to this Act (which contains transitional provisions etc in connection with the coming into force of this section and Schedules 26 and 27).

(2)Sections 147 to 175 and 177 of the Finance Act 1994 (c. 9) (which make provision for the taxation of interest rate and currency contracts) shall cease to have effect.

(3)This section has effect in relation to accounting periods beginning on or after 1st October 2002.

(4)Subsection (3) is subject to any specific provision of Schedule 28.

Intangible fixed assetsU.K.

84 Gains and losses from intangible fixed assets of companyU.K.

(1)Schedule 29 to this Act has effect with respect to gains and losses from a company’s intangible fixed assets.

(2)Schedule 30 to this Act contains consequential amendments.

InsuranceU.K.

85 Gains of insurance company from venture capital investment partnershipU.K.

(1)In Chapter 3 of Part 6 of the Taxation of Chargeable Gains Act 1992 (c. 12) (insurance), after section 211 insert—

“211A Gains of insurance company from venture capital investment partnership

Schedule 7AD to this Act has effect with respect to the gains of an insurance company from a venture capital investment partnership.”.

(2)After Schedule 7AC to that Act (inserted by Part 1 of Schedule 8 to this Act) insert the Schedule 7AD set out in Schedule 31 to this Act.

86 Lloyd’s underwritersU.K.

(1)Schedule 32 to this Act (which makes provision about the taxation of Lloyd’s underwriters) has effect.

(2)The amendments in that Schedule have effect in relation to quota share contracts (within the meaning of section 178 of the Finance Act 1993 (c. 34) or section 225 of the Finance Act 1994) entered into on or after 17th April 2002.

87 Life policies etc: chargeable eventsU.K.

(1)Chapter 2 of Part 13 of the Taxes Act 1988 (life policies, life annuities and capital redemption policies) is amended in accordance with the following provisions of this section.

(2)Section 541 (computation of gain in case of life policy or, as applied by section 545, capital redemption policy) is amended as follows.

(3)In subsection (1)(c) (amounts and values to be brought into account in computing gain on an assignment) before “of any previously assigned share in the rights conferred by the policy” insert “ , subject to subsection (3A) below, ”.

(4)After subsection (3) (assignments between connected persons) insert—

“(3A)he amount or value of such a previously assigned share as is mentioned in paragraph (c) of subsection (1) above falls to be brought into account for the purposes of that paragraph only where that share was so assigned—

(a)in a year (as defined in section 546(4)) beginning on or before 5th April 2001; or

(b)for money or money’s worth in a year (as so defined) beginning on or after 6th April 2001.”.

(5)Section 543 (life annuity contracts: computation of gain) is amended as follows.

(6)In subsection (1)(b) (amounts and values to be brought into account in computing gain on an assignment) before “of any previously assigned share in the rights conferred by the contract” insert “ , subject to subsection (2A) below, ”.

(7)After subsection (2) (which applies section 541(3): assignments between connected persons) insert—

“(2A)The amount or value of such a previously assigned share as is mentioned in paragraph (b) of subsection (1) above falls to be brought into account for the purposes of that paragraph only where that share was so assigned—

(a)in a year (as defined in section 546(4)) beginning on or before 5th April 2001; or

(b)for money or money’s worth in a year (as so defined) beginning on or after 6th April 2001.”.

(8)Section 546B (special provision in respect of certain section 546 excesses) is amended as follows.

(9)In subsection (1) (application of section) after paragraph (b) add—

“This subsection is subject to subsection (1A) below.”.

(10)After subsection (1) insert—

“(1A)In the case of a policy which is a qualifying policy (whether or not the premiums under the policy are eligible for relief under section 266) this section applies only if—

(a)the section 546 excess occurs within the time described in section 540(1)(b)(i); or

(b)the policy has been converted into a paid-up policy within that time.”.

(11)The amendments made by subsections (2) to (7) have effect in relation to any assignment on or after 6th April 2002 of the rights conferred by a policy or contract.

(12)The amendments made by subsections (8) to (10) have effect and shall be taken always to have had effect, in relation to any policy, in relation to any year (as defined in section 546(4) of the Taxes Act 1988) beginning on or after 6th April 2001.

International mattersU.K.

88 Extension of power to give effect to double taxation arrangementsU.K.

(1)In section 788(1) of the Taxes Act 1988 (relief by agreement with other countries: power to give effect to arrangements), for “made with the government of any territory” substitute “ made in relation to any territory ”.

(2)The following amendments are consequential on that above—

(a)in sections 788(7)(a), 790(3), (5)(b), (10A)(d) and (10C), 792(1) and (3), 793A(1)(a) and (3), 795A(1)(b), 812(2), 815AA(1) F23... of the Taxes Act 1988, for “with the government of” substitute “ in relation to ”;

(b)in the headings (or sidenotes) to sections 788 F24... of the Taxes Act 1988, for “countries” substitute “ territories ”;

(c)in section 816(1) of the Taxes Act 1988, for “government” substitute “ authorities ”;

F25(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in sections 277(1) (twice) and (3) and 278(1) of the Taxation of Chargeable Gains Act 1992 (c. 12), for “country” substitute “ territory ”.

(3)This section applies on and after the date on which this Act is passed in relation to arrangements made before that date (as well as in relation to arrangements made on or after that date).

89 Controlled foreign companies: territorial exclusions from s.748 exemptionsU.K.

(1)In section 748 of the Taxes Act 1988 (controlled foreign companies: cases where no apportionment falls to be made under section 747(3)) after subsection (5) insert—

“(6)This section is subject to section 748A.”.

(2)After section 748 of the Taxes Act 1988 insert—

Territorial exclusions from exemption under section 748

(1)Nothing in section 748 prevents an apportionment under section 747(3) falling to be made as regards an accounting period of a controlled foreign company if the company—

(a)is a company incorporated in a territory to which this section applies as respects that accounting period; or

(b)is at any time in that accounting period liable to tax in such a territory by reason of domicile, residence or place of management; or

(c)at any time in that accounting period carries on business through a branch or agency in such a territory.

(2)The condition in subsection (1)(c) above is not satisfied as regards an accounting period of a controlled foreign company if the business carried on by the company in that period through branches or agencies in territories to which this section applies, taken as a whole, is only a minimal part of the whole of the business carried on by the company in that period.

(3)The territories to which this section applies as respects an accounting period of a controlled foreign company are those specified as such in regulations made by the Treasury.

(4)Regulations under subsection (3) above—

(a)may make different provision for different cases or with respect to different territories; and

(b)may contain such incidental, supplemental, consequential or transitional provision as the Treasury may think fit.

(5)A statutory instrument containing regulations under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.”.

(3)This section has effect in relation to accounting periods of controlled foreign companies beginning on or after the day on which this Act is passed.

(4)In this section “accounting period” and “controlled foreign company” have the same meaning as in Chapter 4 of Part 17 of the Taxes Act 1988.

90 Controlled foreign companies and treaty non-resident companiesU.K.

(1)In section 747 of the Taxes Act 1988 (imputation of chargeable profits and creditable tax of controlled foreign companies), after subsection (1A) insert—

“(1B)In determining, for the purposes of any provision of this Chapter except subsection (1)(a) above, whether a company is a person resident in the United Kingdom, section 249 of the Finance Act 1994 (under which a company is treated as non-resident if it is so treated for double taxation relief purposes) shall be disregarded.”.

(2)Subsection (1)—

(a)shall be deemed to have come into force on 1st April 2002, and

[F26(b)does not apply to a company (“the non-resident company”) that—

(i)by virtue of section 249 of the Finance Act 1994 was treated as resident outside the United Kingdom, and not resident in the United Kingdom, immediately before that date, and

(ii)has not subsequently ceased to be so treated,

unless condition A or B is met in relation to the non-resident company at any time on or after 22nd March 2006.]

[F27(3)Condition A is met in relation to the non-resident company at any time on or after 22nd March 2006 if—

(a)immediately before 22nd March 2006 the non-resident company does not own directly or indirectly any company as a subsidiary company, and

(b)at any time on or after that date the non-resident company becomes the direct or indirect owner of a UK resident company as a subsidiary company.

(4)Condition B is met in relation to the non-resident company at any time on or after 22nd March 2006 if—

(a)immediately before 22nd March 2006 the non-resident company owns directly or indirectly any company as a subsidiary company (which may be a UK resident company),

(b)at any time (“the relevant time”) on or after that date the non-resident company becomes the direct or indirect owner of any UK resident company as a subsidiary company (or, as the case may be, another UK resident company), and

(c)directly or indirectly in consequence of, or otherwise in connection with, the ownership mentioned in paragraph (b) there is a qualifying change in activities.

(5)There is a qualifying change in activities if, at the relevant time or any subsequent time,—

(a)there is a major change in the nature, conduct or scale of the non-resident company’s activities, or

(b)there is a major change in the nature, conduct or scale of the activities of the group of companies of which the non-resident company is a member.

(6)In this section references to directly or indirectly owning a company are references to owning it—

(a)directly or through another company or companies, or

(b)partly directly and partly through another company or companies.

(7)In this section references to ownership are to be read as references to beneficial ownership.

(8)In this section “UK resident company”, in relation to any time, means any company which is resident in the United Kingdom at that time.]

Supplementary charge in respect of ring fence tradesU.K.

91 Supplementary charge in respect of ring fence tradesU.K.

After section 501 of the Taxes Act 1988 insert—

“501A Supplementary charge in respect of ring fence trades

(1)Where in any accounting period beginning on or after 17th April 2002 a company carries on a ring fence trade, a sum equal to 10 per cent of its adjusted ring fence profits for that period shall be charged on the company as if it were an amount of corporation tax chargeable on the company.

(2)A company’s adjusted ring fence profits for an accounting period are the amount which, on the assumption mentioned in subsection (3) below, would be determined for that period (in accordance with this Chapter) as the profits of the company’s ring fence trade chargeable to corporation tax.

(3)The assumption is that financing costs are left out of account in computing—

(a)the amount of the profits or loss of any ring fence trade of the company’s for each accounting period beginning on or after 17th April 2002; and

(b)where for any such period the whole or part of any loss relief is surrendered to the company in accordance with section 492(8), the amount of that relief or, as the case may be, that part.

(4)For the purposes of this section, “financing costs” means the costs of debt finance.

(5)In calculating the costs of debt finance for an accounting period the matters to be taken into account include—

(a)any costs giving rise to debits in respect of debtor relationships of the company under Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships);

(b)any exchange gain or loss, within the meaning of Chapter 2 of Part 2 of the Finance Act 1993, in relation to debt finance;

(c)any trading profit or loss, under Chapter 2 of Part 4 of the Finance Act 1994 (interest rate and currency contracts), in relation to debt finance;

(d)the financing cost implicit in a payment under a finance lease; and

(e)any other costs arising from what would be considered in accordance with generally accepted accounting practice to be a financing transaction.

(6)Where an amount representing the whole or part of a payment falling to be made by a company—

(a)falls (or would fall) to be treated as a finance charge under a finance lease for the purposes of accounts relating to that company and one or more other companies and prepared in accordance with generally accepted accounting practice, but

(b)is not so treated in the accounts of the company,

the amount shall be treated for the purposes of this section as financing costs falling within subsection (5)(d) above.

(7)If—

(a)in computing the adjusted ring fence profits of a company for an accounting period, an amount falls to be left out of account by virtue of subsection (5)(d) above, but

(b)the whole or any part of that amount is repaid,

the repayment shall also be left out of account in computing the adjusted ring fence profits of the company for any accounting period.

(8)In this section “finance lease” means any arrangements—

(a)which provide for an asset to be leased or otherwise made available by a person to another person (“the lessee”), and

(b)which, under generally accepted accounting practice,—

(i)fall (or would fall) to be treated, in the accounts of the lessee or a person connected with the lessee, as a finance lease or a loan, or

(ii)are comprised in arrangements which fall (or would fall) to be so treated.

(9)For the purposes of applying subsection (8)(b) above, the lessee and any person connected with the lessee are to be treated as being companies which are incorporated in a part of the United Kingdom.

(10)In this section “accounts”, in relation to a company, includes any accounts which—

(a)relate to two or more companies of which that company is one, and

(b)are drawn up in accordance with—

(i)section 227 of the Companies Act 1985, or

(ii)Article 235 of the Companies (Northern Ireland) Order 1986.”.

92 Assessment, recovery and postponement of supplementary chargeU.K.

(1)After section 501A of the Taxes Act 1988 insert—

“501B Assessment, recovery and postponement of supplementary charge

(1)Subject to subsection (3) below, the provisions of section 501A(1) relating to the charging of a sum as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Acts, and to any necessary modifications, all enactments applying generally to corporation tax, including—

(a)those relating to returns of information and the supply of accounts, statements and reports;

(b)those relating to the assessing, collecting and receiving of corporation tax;

(c)those conferring or regulating a right of appeal; and

(d)those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.

(2)Accordingly (but without prejudice to subsection (1) above) the Management Act shall have effect as if any reference to corporation tax included a reference to a sum chargeable under section 501A(1) as if it were an amount of corporation tax.

(3)In any regulations made under section 32 of the Finance Act 1998 (as at 17th April 2002, the Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) Regulations 1999)—

(a)references to corporation tax do not include a reference to a sum chargeable on a company under section 501A(1) as if it were corporation tax; and

(b)references to profits charged to corporation tax do not include a reference to adjusted ring fence profits, within the meaning of section 501A(1).

(4)In this section “the Taxes Acts” has the same meaning as in the Management Act.”.

(2)In section 59E of the Taxes Management Act 1970 (c. 9) (further provision as to when corporation tax is due and payable) in subsection (11) (extension of references in the section to corporation tax) after paragraph (b) add—

“(c)to any sum chargeable on a company under section 501A(1) of the principal Act (supplementary charge in respect of ring fence trades) as if it were an amount of corporation tax chargeable on the company”.

(3)In Schedule 18 to the Finance Act 1998 (c. 36) (company tax returns: assessments and related matters) in paragraph 1 (meaning of “tax”) in the second sentence (amounts assessable or chargeable as if they were corporation tax) for the word “and” immediately preceding the paragraph beginning “section 747(4)(a)” substitute the following paragraph—

“section 501A(1) of that Act (supplementary charge in respect of ring fence trades), and”.

(4)In paragraph 8 of that Schedule (calculation of tax payable) after paragraph number 1 of the third step insert—

“1AAny sum chargeable under section 501A(1) of that Act (supplementary charge in respect of ring fence trades).”.

(5)Regulation 3 of the Instalment Payment Regulations (large companies) is amended as follows.

(6)In paragraph (1) (which, subject to paragraphs (2) and (3), defines a large company) for “paragraphs (2) and (3),” substitute “ paragraphs (2) to (3A), ”.

(7)After paragraph (3) insert—

“(3A)Any question whether a company is, or is not, a large company as respects an accounting period beginning on or after 17th April 2002 shall, so far as not falling to be determined by reference to the company’s total liability, be determined as it would have been determined apart from section 501A of the Taxes Act (supplementary charge in respect of ring fence trades).”.

(8)The amendment by this section of any provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision, whether in relation to the same or any other chargeable periods.

(9)In this section “the Instalment Payment Regulations” means the Corporation Tax (Instalment Payments) Regulations 1998 (S.I. 1998/3175).

93 Supplementary charge: transitional provisionsU.K.

(1)In the case of a straddling period, that is to say, an accounting period which begins before 17th April 2002 and ends on or after that date—

(a)sections 501A and 501B of the Taxes Act 1988 (which are inserted by sections 91 and 92) shall apply as if so much of the straddling period as falls before 17th April 2002, and so much of that period as falls on or after that date, were separate accounting periods; and

(b)all necessary apportionments between the two separate accounting periods shall be made in proportion to the number of days in those periods.

(2)In the case of a straddling period, the Instalment Payment Regulations shall apply separately—

(a)in relation to any tax chargeable on the company under section 501A(1) of the Taxes Act 1988; and

(b)in relation to any other tax chargeable on the company.

(3)In their application by virtue of paragraph (a) of subsection (2), the Instalment Payment Regulations shall have effect in relation to the tax mentioned in that paragraph as if—

(a)the deemed accounting period treated under subsection (1)(a) as beginning on 17th April 2002 were an accounting period for the purposes of those Regulations; and

(b)that tax were chargeable for that period.

(4)Any reference in the Instalment Payment Regulations to the total liability of a company shall accordingly be construed—

(a)in their application by virtue of paragraph (a) of subsection (2), as a reference to the tax mentioned in that paragraph; and

(b)in their application by virtue of paragraph (b) of that subsection, as a reference to the amount that would be the company’s total liability for the straddling period if the tax mentioned in paragraph (a) of that subsection were left out of account.

(5)For the purposes of the Instalment Payment Regulations—

(a)a company shall be regarded as a large company as respects the deemed accounting period under subsection (3)(a) if, and only if, it is a large company for those purposes as respects the straddling period; and

(b)any question whether a company is a large company as respects the straddling period shall be determined as it would have been determined apart from section 501A of the Taxes Act 1988.

(6)In this section “the Instalment Payment Regulations” has the same meaning as in section 92.

Deduction of taxU.K.

94 Deduction of tax: payments to exempt bodies etcU.K.

F28(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 98 of the Taxes Management Act 1970 (c. 9) (special returns, etc), in subsection (4B)—

(a)in paragraph (a), after “a company” insert “ or local authority ”,

(b)in paragraph (b)—

(i)after “the company” insert “ or authority ”, and

(ii)for “either”, in each place, substitute “ one ”,

(c)in paragraph (c), after “the company” insert “ or authority ”, and

(d)in paragraph (d), for “neither” substitute “ none ”.

(6)In that section, for subsection (4C) substitute—

“(4C)In subsection (4B) above—

• “company” includes a partnership of which any member is a company; and

• “local authority” includes a partnership of which any member is a local authority.”.

(7)The amendments made by this section apply for the purposes of payments made on or after 1st October 2002.

F2995 Deduction of tax by persons dealing in financial instrumentsU.K.

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

96 Cross-border royaltiesU.K.

F30(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 98 of the Taxes Management Act 1970 (c. 9) (special returns etc)—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after subsection (4C) insert—

“(4D)A payment is within this subsection if—

(a)it is a payment to which section 349(1) of the principal Act (requirement to deduct tax) applies,

(b)it is made by a company which, purporting to rely on section 349E(1) of that Act (power for companies to take account of double taxation treaty relief when paying royalties), deducts less tax from the payment than required by section 349(1) of that Act , and

(c)at the time the payment is made the payee (within the meaning of section 349E of that Act) is not entitled to relief in respect of the payment under any arrangements under section 788 of that Act (double taxation relief) and the company—

(i)does not believe that it is entitled to such relief, or

(ii)if it does so believe, cannot reasonably do so.”.

(4)This section applies in relation to payments made on or after 1st October 2002.

Charitable givingU.K.

97 Gifts of real property to charityU.K.

(1)In section 587B of the Taxes Act 1988 (gifts of shares and securities to charities) in subsection (9), in the definition of “qualifying investment”, omit the word “and” immediately preceding paragraph (d) and at the end of that paragraph insert “; and

(e)a qualifying interest in land”.

(2)After that subsection insert—

“(9A)In this section a “qualifying interest in land” means—

(a)a freehold interest in land, or

(b)a leasehold interest in land which is a term of years absolute,

where the land in question is in the United Kingdom.

This subsection is subject to subsections (9B) to (9D) below.

(9B)Where a person makes a disposal to a charity of—

(a)the whole of his beneficial interest in such freehold or leasehold interest in land as is described in subsection (9A)(a) or (b) above, and

(b)any easement, servitude, right or privilege so far as benefiting that land,

the disposal falling within paragraph (b) above is to be regarded for the purposes of this section as a disposal by the person of the whole of his beneficial interest in a qualifying interest in land.

(9C)Where a person who has a freehold or leasehold interest in land in the United Kingdom grants a lease for a term of years absolute (or, in the case of land in Scotland, grants a lease) to a charity of the whole or part of that land, the grant of that lease is to be regarded for the purposes of this section as a disposal by the person of the whole of the beneficial interest in the leasehold interest so granted.

(9D)For the purposes of subsection (9A) above, an agreement to acquire a freehold interest and an agreement for a lease are not qualifying interests in land.

(9E)In the application of this section to Scotland—

(a)references to a freehold interest in land are references to the interest of the owner,

(b)references to a leasehold interest in land which is a term of years absolute are references to a tenant’s right over or interest in a property subject to a lease, and

(c)references to an agreement for a lease do not include references to missives of let that constitute an actual lease.”.

(3)After subsection (11) of that section insert—

“(12)This section is supplemented by section 587C below.”.

(4)In consequence of the amendments made by subsections (1) to (3), the sidenote of section 587B becomes “Gifts of shares, securities and real property to charities etc”.

(5)After section 587B of the Taxes Act 1988 insert—

“587C Supplementary provision for gifts of real property

(1)This section applies for the purposes of section 587B where a qualifying investment is a qualifying interest in land.

(2)Where two or more persons—

(a)are jointly beneficially entitled to the qualifying interest in land, or

(b)are, taken together, beneficially entitled in common to the qualifying interest in land,

section 587B applies only if each of those persons disposes of the whole of his beneficial interest in the qualifying interest in land to the charity.

(3)Relief under section 587B shall be available to each of the persons referred to in subsection (2) above, but the amount that may be allowed as respects any of them shall be only such share of the relevant amount as they may agree in the case of that person.

(4)No person may make a claim for a relief under subsection (2) of section 587B unless he has received a certificate given by or on behalf of the charity.

(5)The certificate must—

(a)specify the description of the qualifying interest in land which is the subject of the disposal,

(b)specify the date of the disposal, and

(c)contain a statement that the charity has acquired the qualifying interest in land.

(6)If, in the case of a disposal of a qualifying interest in land, a disqualifying event occurs at any time in the relevant period, the person (or each of the persons) who made the disposal to the charity shall be treated as never having been entitled to relief under section 587B in respect of the disposal.

F32(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For the purposes of subsection (6) above a disqualifying event occurs if the person (or any one of the persons) who made the disposal or any person connected with him (or any one of them)—

(a)becomes entitled to an interest or right in relation to all or part of the land to which the disposal relates, or

(b)becomes party to an arrangement under which he enjoys some right in relation to all or part of that land,

otherwise than for full consideration in money or money’s worth.

(9)A disqualifying event does not occur, for the purposes of subsection (6) above, if a person becomes entitled to an interest or right as mentioned in subsection (8)(a) above as a result of a disposition of property on death, whether the disposition is effected by will, under the law relating to intestacy or otherwise.

(10)For the purposes of subsection (6) above the relevant period is the period beginning with the date of the disposal of the qualifying interest in land and ending with—

(a)in the case of an individual, the fifth anniversary of the 31st January next following the end of the year of assessment in which the disposal was made, and

(b)in the case of a company, the sixth anniversary of the end of the accounting period in which the disposal was made.

(11)Section 839 (connected persons) applies for the purposes of this section.

(12)This section shall be construed as one with section 587B.”.

(6)This section has effect in relation to any disposal of a qualifying interest in land to a charity where the disposal is made—

(a)in the case of a disposal to the charity by an individual, on or after 6th April 2002, or

(b)in the case of a disposal to the charity by a company, on or after 1st April 2002.

F32(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3398 Gift aid: election to be treated as if gift made in previous tax yearU.K.

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

FilmsU.K.

F34F34... Restriction of relief to films genuinely intended for theatrical releaseU.K.

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

F34F34... Exclusion of deferments from production expenditureU.K.

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

F35101 Restriction of relief for successive acquisitions of the same filmU.K.

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

MiscellaneousU.K.

102 Distributions: reasonable commercial return for use of principal securedU.K.

(1)In section 209 of the Taxes Act 1988 (meaning of “distribution”) after subsection (3A) insert—

“(3AA)If, in the case of any security issued by a company, the amount of new consideration received by the company for the issue of the security exceeds the amount of the principal secured by the security—

(a)the amount of the principal so secured shall be treated for the purposes of paragraph (d) of subsection (2) above as increased to the amount of the new consideration so received; and

(b)subsection (3A) above, so far as relating to that paragraph, shall not have effect in relation to the security;

but this subsection is subject to sections 209A and 209B.”.

(2)After that section insert—

“209A Section 209(3AA): link to shares of company or associated company

(1)Subsection (3AA) of section 209 does not apply in relation to a security issued by a company (the “issuing company”) if the security is one which to a significant extent reflects dividends or other distributions in respect of, or fluctuations in the value of, shares in one or more companies each of which is—

(a)the issuing company; or

(b)an associated company of the issuing company;

but this subsection is subject to the following provisions of this section.

(2)Subsection (1) above does not prevent subsection (3AA) of section 209 above from applying in relation to a security if—

(a)the issuing company is a bank or securities house;

(b)the security is issued by the issuing company in the ordinary course of its business; and

(c)the security reflects dividends or other distributions in respect of, or fluctuations in the value of, shares in companies falling within paragraph (a) or (b) of subsection (1) above by reason only that the security reflects fluctuations in a qualifying index.

(3)In subsection (2)(c) above “qualifying index” means an index whose underlying subject matter includes both—

(a)shares in one or more companies falling within paragraph (a) or (b) of subsection (1) above, and

(b)shares in one or more companies falling within neither of those paragraphs,

and which is an index such that the shares falling within paragraph (b) above represent a significant proportion of the market value of the underlying subject matter of the index.

(4)In this section—

• “bank” has the meaning given by section 840A;

• “securities house” means any person—

  (a)

  who is authorised for the purposes of the Financial Services and Markets Act 2000; and

  (b)

  whose business consists wholly or mainly of dealing in financial instruments as principal;

  and in paragraph (b) above “financial instrument” has the meaning given by section 349(5) and (6).

(5)For the purposes of this section a company is an “associated company” of another at any time if at that time one has control of the other or both are under the control of the same person or persons.

(6)For the purposes of subsection (5) above, “control”, in relation to a company, means the power of a person to secure—

(a)by means of the holding of shares or the possession of voting power in or in relation to the company or any other company, or

(b)by virtue of any powers conferred by the articles of association or other document regulating the company or any other company,

that the affairs of the company are conducted in accordance with his wishes.

(7)There shall be left out of account for the purposes of subsection (6) above—

(a)any shares held by a company, and

(b)any voting power or other powers arising from shares held by a company,

if a profit on a sale of the shares would be treated as a trading receipt of a trade carried on by the company and the shares are not, within the meaning of Chapter 1 of Part 12, assets of an insurance company’s long-term insurance fund (see section 431(2)).

209B Section 209(3AA): hedging arrangements

(1)Subsection (3AA) of section 209 does not at any time apply in relation to a security issued by a company (the “issuing company”) if at that time, or any earlier time on or after 17th April 2002, there are or have been any hedging arrangements that relate to some or all of the company’s liabilities under the security.

(2)Subsection (1) above does not prevent subsection (3AA) of section 209 from applying in relation to a security at any time if—

(a)conditions 1 to 4 below are satisfied in relation to any such hedging arrangements at that time; and

(b)at all earlier times on or after 17th April 2002 when there have been hedging arrangements that relate to some or all of the company’s liabilities under the security, conditions 1 to 4 below were satisfied in relation to those hedging arrangements.

(3)Where subsection (3AA) of section 209 at any time ceases to apply in relation to a security by virtue of this section, subsection (2)(d) of that section shall have effect in relation to the security as from that time as it would have had effect if subsection (3AA) had never applied in relation to the security.

(4)Condition 1 is that the hedging arrangements do not constitute, include, or form part of, any scheme or arrangement the purpose or one of the main purposes of which is the avoidance of tax or stamp duty.

(5)Condition 2 is that the hedging arrangements are such that, where for the purposes of corporation tax a deduction in respect of the security falls to be made at any time by the issuing company, then at that time, or within a reasonable time before or after it, any amounts intended under the hedging arrangements to offset some or all of that deduction arise—

(a)to the issuing company; or

(b)to a company which is a member of the same group of companies as the issuing company.

(6)Condition 3 is that the whole of every amount arising as mentioned in subsection (5) above is brought into charge to corporation tax—

(a)by a company falling within paragraph (a) or (b) of that subsection, or

(b)by two or more companies, taken together, each of which falls within paragraph (a) or (b) of that subsection.

(7)Condition 4 is that for the purposes of corporation tax any deductions in respect of expenses of establishing or administering the hedging arrangements are reasonable, in proportion to the amounts required to be brought into charge to corporation tax by subsection (6) above.

(8)For the purposes of this section “hedging arrangements”, in relation to a security, means any scheme or arrangement for the purpose, or for purposes which include the purpose, of securing that an amount of income or gain accrues, or is received or receivable, whether directly or indirectly, which is intended to offset some or all of the amounts which fall to be brought into account, in accordance with generally accepted accounting practice, in respect of amounts accruing or falling to be paid in accordance with the terms of the security.

(9)Any reference in this section to two companies being members of the same group of companies is a reference to their being members of the same group of companies for the purposes of Chapter 4 of Part 10 of this Act (group relief).”.

(3)This section has effect in relation to interest and other distributions out of assets of a company in respect of securities of the company where the interest is paid, or the distribution is made, on or after 17th April 2002.

103 References to accounting practice and periods of accountU.K.

(1)In section 832(1) of the Taxes Act 1988 (interpretation of the Tax Acts), at the appropriate places insert—

““generally accepted accounting practice” has the meaning given by section 836A;”;

““for accounting purposes” means for the purposes of accounts drawn up in accordance with generally accepted accounting practice;”;

and

““period of account”—

(a)in relation to a person, means any period for which the person draws up accounts, and

(b)in relation to a trade, profession, vocation or other business means any period for which accounts of the business are drawn up;”.

F36(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 288(1) of the Taxation of Chargeable Gains Act 1992 (interpretation), at the appropriate place insert—

““period of account” has the meaning given by section 832(1) of the Taxes Act;”.

(4)In the following provisions for “normal accounting practice” or “normal accountancy practice”, wherever occurring, substitute “ generally accepted accounting practice ”

(a)in the Taxes Act 1988, sections F37...F38..., 494AA(2), 798B(1) and 837A(2), F39...;

(b)in the Finance Act 1993 (c. 34), sections F40... 150(6)(c) and (11)(c), 154(11)(c), (12)(d), (13)(b), (13A)(d) and (13B)(d), 155(7), (11)(d) and (12)(b), 156(2)(e) and (4)(b) and 159(1)(b);

(c)in the Finance Act 1994 (c. 9), section 156(3)(a) and (4)(a);

(d)in the Finance Act 1996 (c. 8), F41... in Schedule 9, paragraph 14(1) and (2) and in Schedule 10, paragraph 1(3)(a) and (4);

(e)in the Finance Act 1997 (c. 16), in Schedule 12, paragraphs 1(1)(c) and (2)(a), 3(1) and (2), 4(5), 6(1)(a), 15(1)(c) and (2), 22, 28(5) and 30(1);

(f)in the Finance Act 2000 (c. 17), F42... in Schedule 15, paragraph 29(4), in Schedule 20, paragraphs 6(1), 10(1)(b) and (2)(b)(ii) and 25(1)F43...;

(g)in the Capital Allowances Act 2001 (c. 2), sections 179(1)(f), 219(1) F44...;

(h)in the Finance Act 2001 (c. 9), in Schedule 22, paragraphs 10(1)(b) and (2)(b)(ii).

(5)In section 42(1) of the Finance Act 1998 (c. 36) (computation of profits of trade, profession or vocation), for “on an accounting basis which gives a true and fair view” substitute “ in accordance with generally accepted accounting practice ”.

(6)The amendments made by subsections (1) to (3) above have effect for the purposes of provisions of this Act using the expressions mentioned (including provisions inserted by amendment in other enactments) whenever those provisions are expressed to have effect or to come, or to have come, into force.

This is without prejudice to the general effect of those amendments.

F45104 Discounted securities etcU.K.

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

105 Financial trading stockU.K.

(1)In section 100 of the Taxes Act 1988 (valuation of trading stock at discontinuance of trade) in subsection (1B), omit paragraph (a) (which relates to stock consisting of certain debts and is superseded by Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) (loan relationships)).

(2)In Schedule 12 to the Finance Act 1988 (c. 39) (building societies: change of status)—

(a)in paragraph 1 (which provides that paragraphs 2 to 7 apply where there is a transfer of the whole of a building society’s business to a successor company in accordance with section 97 etc of the Building Societies Act 1986 (c. 53)) for “2” substitute “ 3 ”; and

(b)omit paragraph 2 (which relates to gilt-edged securities and other financial trading stock and is superseded by Chapter 2 of Part 4 of the Finance Act 1996).

106 Valuation of trading stock on transfer of tradeU.K.

(1)In section 100 of the Taxes Act 1988 (valuation of trading stock at discontinuance of trade), after subsection (2) insert—

“(3)Where trading stock falling to be valued under paragraph (a) of subsection (1) above is sold or transferred together with other assets, so much of the amount realised on the sale or, as the case may be, of the value of the consideration given for the transfer as on a just and reasonable apportionment is properly attributable to each asset shall be treated for the purposes of this section as the amount realised on the sale or, as the case may be, the value of the consideration given for the transfer, of that asset.”.

(2)Subsection (1) applies where the sale or transfer in question takes place after the passing of this Act.

107 Banks etc in compulsory liquidationU.K.

(1)Schedule 12 to the Finance (No. 2) Act 1992 (c. 48) is amended is follows.

(2)In paragraph 3 (taxation of certain receipts under Case VI of Schedule D) omit paragraph (c) of sub-paragraph (3) (which has become unnecessary because no interest or dividends any longer fall within it).

(3)At the end of paragraph 3, insert—

“(5)This paragraph and paragraph 4 below have effect for the purposes of corporation tax notwithstanding anything in section 80(5) of the Finance Act 1996 (matters to be brought into account in the case of loan relationships only under Chapter 2 of Part 4 of that Act).”.

(4)In paragraph 4 (relief from tax) omit sub-paragraph (3) (which provides for deductions from sums excluded from paragraph 3(2) by paragraph 3(3)(c)).

(5)The amendments made by this section have effect in relation to accounting periods beginning on or after 1st October 2002.

F46108 Manufactured dividends and interestU.K.

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

F47109 Venture capital trustsU.K.

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

Part 4 U.K.Stamp duty and stamp duty reserve tax

Stamp dutyU.K.

110 Land in disadvantaged areasU.K.

(1)In subsection (1) of section 92 of the Finance Act 2001 (c. 9) (stamp duty: exemption for land in disadvantaged areas), for the words before paragraph (a) substitute “Noad valorem stamp duty shall be chargeable on—”.

(2)After subsection (6) of that section insert—

“(6A)This section and Schedule 30 to this Act have effect subject to section 92A.”

(3)After that section insert—

“92A Restriction of exemption in the case of residential property etc

(1)Regulations may provide for an exemption conferred by section 92 or by Schedule 30 to this Act not to apply in cases specified by reference to either or both of the following—

(a)whether the land in question is residential property;

(b)the amount or value of the consideration.

(2)Regulations may contain provision corresponding to or modifying that made by Schedule 30 to this Act in the case of—

(a)a building or land only part of which falls within subsection (1)(a) or (b) of section 92B (meaning of “residential property”), or

(b)an interest in or right over land that subsists only partly as mentioned in subsection (1)(c) of that section.

(3)Where by virtue of regulations under this section the availability of an exemption depends on the land in question not being, or not being entirely, residential property, the certification under section 92(2) must include a statement that the land is not residential property or, as the case may be, that it is not residential property to the extent stated.

(4)Where by virtue of regulations under this section the availability of an exemption depends on the amount or value of the consideration not exceeding a specified amount, the instrument in question must be certified at that amount (or at a lower amount).

The reference here to an instrument being certified at an amount shall be construed in accordance with paragraph 6 of Schedule 13 to the Finance Act 1999 (as if the reference were contained in paragraph 4 of that Schedule).

(5)The power to make regulations under this section is exercisable by the Treasury.

(6)Regulations under this section—

(a)may make different provision for different cases, and

(b)may contain such incidental, supplementary, consequential or transitional provision as appears to the Treasury to be necessary or expedient.

(7)Regulations under this section must be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of the House of Commons.

92B Meaning of “residential property”

(1)In section 92A “residential property” means—

(a)a building that is used or suitable for use as a dwelling, or is in the process of being constructed or adapted for such use;

(b)land that is or forms part of the garden or grounds of a building within paragraph (a) (including any building or structure on such land);

(c)an interest in or right over land that subsists for the benefit of a building within paragraph (a) or of land within paragraph (b).

(2)For the purposes of subsection (1) use of a building as—

(a)residential accommodation for school pupils,

(b)residential accommodation for students, other than accommodation falling within subsection (3)(b),

(c)residential accommodation for members of any of the armed forces, or

(d)an institution that is the sole or main residence of at least 90% of its residents and does not fall within any of paragraphs (a) to (f) of subsection (3),

is use of a building as a dwelling.

(3)For the purposes of subsection (1) use of a building as—

(a)a home or other institution providing residential accommodation for children,

(b)a hall of residence for students in further or higher education,

(c)a home or other institution providing residential accommodation with personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder,

(d)a hospital or hospice,

(e)a prison or similar establishment, or

(f)a hotel or inn or similar establishment,

is not use of a building as a dwelling.

(4)Where a building is used in a manner specified in subsection (3), no account shall be taken for the purposes of subsection (1)(a) of its suitability for any other use.

(5)Where a building that is not in use is suitable for at least one of the uses specified in subsection (2) and at least one of those specified in subsection (3)—

(a)if there is one such use for which it is most suitable, or if the uses for which it is most suitable are all specified in the same subsection, no account shall be taken for the purposes of subsection (1)(a) of its suitability for any other use;

(b)otherwise, the building shall be treated for those purposes as suitable for use as a dwelling.

(6)Regulations under section 92A may provide that, where there is a single contract for the conveyance, transfer or lease of land comprising or including six or more separate dwellings, none of that land counts as residential property for the purposes of the regulations.

(7)The Treasury may by order amend this section so as to change or clarify the cases where use of a building is, or is not, use of a building as a dwelling for the purposes of subsection (1).

(8)An order under subsection (7) may contain such incidental, supplementary, consequential or transitional provision as appears to the Treasury to be necessary or expedient.

(9)An order under subsection (7) must be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(10)In this section “building” includes part of a building.”.

(4)In paragraph 1(1) of Schedule 30 to the Finance Act 2001 (c. 9) (stamp duty reduced for land partly in a disadvantaged area), for the words from “stamp duty” to “1999” substitute “ ad valorem stamp duty ”.

(5)In sub-paragraph (1) of paragraph 3 of that Schedule (certification of instruments for stamp duty purposes)—

(a)for the words from “a transaction” to “shall be disregarded” substitute “ a conveyance, transfer or lease is exempted from stamp duty by section 92(1) or paragraph 1 above (read with section 92A) the transaction in question shall be disregarded ”;

(b)at the end of the sub-paragraph insert—

“This is without prejudice to section 92A(4) (instrument must be certified where exemption depends on amount or value of consideration).”.

(6)Regulations under section 92A of the Finance Act 2001 (inserted by subsection (3) above) may contain provision revoking the Variation of Stamp Duties Regulations 2001 (S.I. 2001/3746) (which provide for section 92(1) of, and paragraph 1 of Schedule 30 to, that Act not to apply in cases where the consideration for the conveyance etc exceeds £150,000).

111 Withdrawal of group reliefU.K.

(1)This section applies where—

(a)an instrument (“the relevant instrument”) transferring land in the United Kingdom from one company (“the transferor company”) to another (“the transferee company”) has been stamped on the basis that group relief applies,

(b)before the end of the period of [F48three years] beginning with the date on which the instrument was executed the transferee company ceases to be a member of the same group as the transferor company, and

(c)at the time when [F49the transferee company ceases] to be a member of the same group as the transferor company [F50it or a relevant associated company holds] an estate or interest in land—

(i)that was transferred [F51to the transferee company] by the relevant instrument, or

(ii)that is derived from an estate or interest that was so transferred,

[F52and that has not subsequently been transferred at market value by a duly stamped instrument on which ad valorem duty was paid and in respect of which group relief was not claimed].

(2)In those circumstances—

(a)group relief in relation to the relevant instrument, or an appropriate proportion of it, is withdrawn, and

(b)the stamp duty that would have been payable on stamping the relevant instrument but for group relief if the estate or interest in land transferred by that instrument had been transferred at market value, or an appropriate proportion of the duty that would have been so paid, is payable by the transferee company within 30 days after that company ceases to be a member of the same group as the transferor company.

(3)In subsection (2)(a) and (b) “an appropriate proportion” means an appropriate proportion having regard to what was transferred [F53to the transferee company] by the relevant instrument and [F54what is held by that company or, as the case may be, that company and any relevant associated companies, at the time it or they cease to be members] of the same group as the transferor company.

(4)In this section “group relief” means relief under any of the following provisions—

(a)section 42 of the Finance Act 1930 (c. 28) or section 11 of the Finance Act (Northern Ireland) 1954 (c. 23 (N.I.)) (transfer of property between associated bodies corporate);

(b)section 151 of the Finance Act 1995 (c. 4) (leases etc between associated bodies corporate).

[F55(4A)In this section “relevant associated company”, in relation to the transferee company, means a company that—

(a)is a member of the same group as the transferee company immediately before that company ceases to be a member of the same group as the transferor company, and

(b)ceases to be a member of the same group as the transferor company in consequence of the transferee company so ceasing.]

(5)In this section—

(a)references to the transfer of land include the grant or surrender of an estate or interest in or over land;

(b)“company” includes any body corporate; and

(c)references to a company being in the same group as another company are to the companies being associated bodies corporate within the meaning of the relevant group relief provision.

(6)Schedule 34 to this Act contains provisions supplementing this section.

(7)Where the relevant instrument transfers land in the United Kingdom together with other property, the provisions of this section and of Schedule 34 apply as if there were two separate instruments, one relating to land in the United Kingdom and the other relating to other property.

(8)This section applies where the relevant instrument is executed after 23rd April 2002.

(9)But this section does not apply to an instrument giving effect to a contract made on or before 17th April 2002, unless—

(a)the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right, or

(b)the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract because of an assignment (or, in Scotland, assignation) or further contract made after that date.

(10)This section shall be deemed to have come into force on 24th April 2002.

112 Restriction of relief for company acquisitionsU.K.

(1)Section 76 of the Finance Act 1986 (c. 41) (relief where company acquires the whole or part of the undertaking of another company) is amended as follows.

(2)In subsection (2) for “the condition mentioned in subsection (3) below” substitute “ the first and second conditions (as defined below) ”.

(3)In subsection (3) for “The condition” substitute “ The first condition ”.

(4)After subsection (3) insert—

“(3A)The second condition applies only in relation to an instrument transferring land in the United Kingdom and is that the acquiring company is not associated with another company that is a party to arrangements with the target company relating to shares of the acquiring company issued in connection with the transfer of the undertaking or part.

(3B)Where an instrument transfers land in the United Kingdom together with other property, the provisions of this section apply as if there were two separate instruments, one relating to land in the United Kingdom and the other relating to other property.”.

(5)In subsection (5) for “subsection (2) above” (twice) substitute “ this section ”.

(6)After subsection (6) insert—

“(6A)For the purposes of subsection (3A) above—

(a)companies are associated if one has control of the other or both are controlled by the same person or persons, and

(b)“arrangements” includes any scheme, agreement or understanding, whether or not legally enforceable.

The references in paragraph (a) above to control shall be construed in accordance with section 416 of the Taxes Act 1988.”.

(7)This section applies to instruments executed after 23rd April 2002.

(8)But this section does not apply to an instrument giving effect to a contract made on or before 17th April 2002, unless—

(a)the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right, or

(b)the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract because of an assignment (or, in Scotland, assignation) or further contract made after that date.

(9)This section shall be deemed to have come into force on 24th April 2002.

113 Withdrawal of relief for company acquisitionsU.K.

(1)This section applies where—

(a)an instrument (“the relevant instrument”) transferring land in the United Kingdom from one company to another company (“the acquiring company”) has been stamped on the basis that relief under section 76 of the Finance Act 1986 (c. 41) (“section 76 relief”) applies,

(b)before the end of the period of [F56three years] beginning with the date on which the instrument was executed control of the acquiring company changes, and

(c)at the time control of that company changes the acquiring company [F57or a relevant associated company] holds an estate or interest in land—

(i)that was transferred [F58to the acquiring company] by the relevant instrument, or

(ii)that is derived from an estate or interest so transferred,

[F59and that has not subsequently been transferred at market value by a duly stamped instrument on which ad valorem duty was paid and in respect of which section 76 relief was not claimed].

(2)In those circumstances—

(a)section 76 relief in relation to the relevant instrument, or an appropriate proportion of it, is withdrawn, and

(b)the additional stamp duty that would have been payable on stamping the relevant instrument but for section 76 relief if the estate or interest in land transferred by that instrument had been transferred at market value, or an appropriate proportion of that additional duty, is payable by the acquiring company within 30 days after control of that company changes.

(3)In subsection (2)(a) and (b) “an appropriate proportion” means an appropriate proportion having regard to what was transferred by the relevant instrument and [F60what is held by that company or, as the case may be, by that company and any relevant associated companies] at the time control of it changes.

[F61(3A)In this section “relevant associated company”, in relation to the acquiring company, means a company—

(a)that is controlled by the acquiring company immediately before the control of that company changes, and

(b)of which control changes in consequence of the change of control of that company.]

(4)In this section—

(a)references to the transfer of land include the grant or surrender of an estate or interest in or over land;

(b)“control” shall be construed in accordance with section 416 of the Taxes Act 1988; and

(c)references to control of a company changing are to the company becoming controlled—

(i)by a different person,

(ii)by a different number of persons, or

(iii)by two or more persons at least one of whom is not the person, or one of the persons, by whom the company was previously controlled.

(5)Schedule 35 to this Act contains provisions supplementing this section.

(6)Where the relevant instrument transfers land in the United Kingdom together with other property, the provisions of this section and of Schedule 35 apply as if there were two separate instruments, one relating to land in the United Kingdom and the other relating to other property.

(7)This section applies where the relevant instrument is executed after 23rd April 2002.

(8)But this section does not apply to an instrument giving effect to a contract made on or before 17th April 2002, unless—

(a)the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right, or

(b)the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract because of an assignment (or, in Scotland, assignation) or further contract made after that date.

(9)This section shall be deemed to have come into force on 24th April 2002.