At the end of section 519A of the Taxes Act 1988 (health service bodies: exemptions from income and corporation tax) add—
“(3)The Treasury may by order disapply subsection (1)(b) in relation to a specified activity, or class of activity, of an NHS foundation trust.
(4)An order under subsection (3) shall make provision for determining the amount of the profits relating to an activity that are to be charged to corporation tax as a result of the disapplication of subsection (1)(b).
(5)An order under subsection (3) may, in particular—
(a)make provision for disregarding profits of less than a specified amount in respect of a financial year or accounting period or a specified part of a financial year or accounting period;
(b)make provision for disregarding a specified part of profits in respect of a financial year or accounting period or a specified part of a financial year or accounting period;
(c)make provision for disregarding all or part of profits relating to activity in respect of which receipts or turnover (as defined by the order) are less than a specified amount in respect of a financial year or accounting period or a specified part of a financial year or accounting period.
(6)An order under subsection (3)—
(a)may apply, with or without modification, a provision of the Tax Acts,
(b)may disapply a provision of the Tax Acts,
(c)may make provision similar to a provision of the Tax Acts, and
(d)may make provision generally or in relation to a specified body or class of bodies.
(7)The Treasury may make an order under subsection (3) only—
(a)in relation to an activity or class of activity that appears to the Treasury to be of a commercial nature,
(b)where it appears to the Treasury to be expedient for the purpose of avoiding, removing or reducing differences between—
(i)the fiscal treatment of the body undertaking the activity, and
(ii)the fiscal treatment of another body or class of body which is of a commercial nature and which undertakes or might undertake the same or a similar activity, and
(c)if a draft has been laid before, and approved by resolution of, the House of Commons.
(8)An activity authorised under section 14(1) of the Health and Social Care (Community Health and Standards) Act 2003 shall not be treated as an activity of a commercial nature for the purposes of subsection (7)(a).”.