Finance Act 2007

Part 3Income tax, corporation tax and capital gains tax

Anti-avoidance

25Managed service companies

(1)Schedule 3 contains provision about managed service companies.

(2)That Schedule is deemed to have come into force on 6th April 2007.

26Restrictions on trade loss relief for partners

Schedule 4 contains provision restricting reliefs for losses made by individuals carrying on trades in partnership.

27Extension of restrictions on allowable capital losses

(1)TCGA 1992 is amended as follows.

(2)In section 8 (company’s total profits to include chargeable gains)—

(a)in subsection (2), for the words from “does not include—” to the end substitute “does not include a loss accruing to a company in such circumstances that if a gain accrued the company would be exempt from corporation tax in respect of it.”, and

(b)omit subsections (2A) to (2C).

(3)After section 16 insert—

“16ARestrictions on allowable losses

(1)For the purposes of this Act, “allowable loss” does not include a loss accruing to a person if—

(a)it accrues to the person directly or indirectly in consequence of, or otherwise in connection with, any arrangements, and

(b)the main purpose, or one of the main purposes, of the arrangements is to secure a tax advantage.

(2)For the purposes of subsection (1)—

• “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), and

• “tax advantage” means—

  (a)

  relief or increased relief from tax,

  (b)

  repayment or increased repayment of tax,

  (c)

  the avoidance or reduction of a charge to tax or an assessment to tax, or

  (d)

  the avoidance of a possible assessment to tax,

  and for the purposes of this definition “tax” means capital gains tax, corporation tax or income tax.

(3)For the purposes of subsection (1) it does not matter—

(a)whether the loss accrues at a time when there are no chargeable gains from which it could otherwise have been deducted, or

(b)whether the tax advantage is secured for the person to whom the loss accrues or for any other person.”

(4)In section 288(1) (interpretation), in the definition of “allowable loss”, after “16” insert “, 16A”.

(5)In section 834(1) of ICTA (interpretation of the Corporation Tax Acts), in the definition of “allowable loss”, for the words from “or a loss” to the end substitute “or a loss accruing to a company in the circumstances mentioned in section 16A of the 1992 Act”.

(6)The amendments made by this section have effect in relation to losses accruing on disposals made on or after 6th December 2006.

28Restriction on expenses of management

(1)Section 75 of ICTA (expenses of management: companies with investment business) is amended as follows.

(2)After subsection (2) insert—

“(2A)A deduction is not to be allowed under that subsection for any particular expenses of management if any part of those expenses is incurred directly or indirectly in consequence of, or otherwise in connection with, any arrangements the main purpose, or one of the main purposes, of which is to secure the allowance of a deduction (or increased deduction) under that subsection or any other tax advantage.

(2B)Subsection (2A) above does not apply if, as a result of paragraph 7A of Schedule 23A (manufactured payments under arrangements having an unallowable purpose), the company incurring the expenses is not entitled to a relevant tax relief (within the meaning of that paragraph) in respect of, or referable to, the whole or any part of the expenses.

(2C)The reference in subsection (2A) above to expenses of management includes amounts treated by any provision as deductible under this section.”

(3)After subsection (5) insert—

“(5A)For the purposes of subsection (5)(a) above investments are not held for a business or other commercial purpose if they are held directly or indirectly in consequence of, or otherwise in connection with, any arrangements the main purpose, or one of the main purposes, of which is to secure the allowance of a deduction (or increased deduction) under subsection (1) above or any other tax advantage.”

(4)After subsection (10) insert—

“(11)In this section—

• “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable), and

• “tax advantage” has the meaning given by section 840ZA.”

(5)The amendments made by this section have effect in relation to accounting periods beginning on or after 20th June 2007, but have no effect in any case where the particular management expenses in question were paid before that date.

(6)In the case of an accounting period of a company beginning before, and ending on or after, that date, those amendments have effect as if, for determining the amounts that are deductible for the period under section 75(1) of ICTA, so much of the period as falls before that date, and the rest of it, were separate accounting periods.

29Life policies etc: effect of rebated or reinvested commission

(1)In ICTA, after section 548 insert—

“548AEffect of rebated or reinvested commission in certain cases

(1)This section applies if—

(a)a relevant chargeable event occurs in respect of a policy or contract,

(b)commission in respect of the policy or contract has at any time been rebated or reinvested, and

(c)condition A or B is met.

(2)For the purposes of performing the calculation under section 541(1)(b) or (c) or 543(1)(a) or (b) for the chargeable event, the total amount paid under the policy or contract by way of premiums in any period is to be reduced by the total amount of commission attributable to those premiums that has been rebated or reinvested.

(3)Condition A is that the total amount paid under the policy or contract by way of premiums in a relevant period exceeds £100,000.

(4)Condition B is that—

(a)at a time when the policy or contract was the taxable person's, the taxable person’s policies and contracts exceeded the relevant threshold as respects a relevant period, and

(b)payments under the policy or contract by way of premiums were made in that relevant period.

(5)In subsection (4)(a) “taxable person” means the person whose policy or contract the policy or contract is, immediately before the chargeable event.

(6)For the purposes of subsection (4)(a) a person’s policies and contracts “exceed the relevant threshold” as respects a relevant period if the total amount of payments under them by way of premiums in that relevant period exceeds the sum specified in subsection (3).

(7)In this section “relevant chargeable event” means a chargeable event within—

(a)any of sub-paragraphs (ii) to (iv) of section 540(1)(a) (including those sub-paragraphs as they apply in relation to a qualifying policy),

(b)section 542(1)(a) or (b), or

(c)section 545(1)(a) to (c).

(8)In this section “relevant period” means—

(a)the period beginning with the beginning of the year of assessment in which the chargeable event occurs and ending with the chargeable event, or

(b)any of the 3 preceding years of assessment.

(9)References in this section to a premium include, in relation to a contract for a life annuity, lump sum consideration.

(10)The Treasury may by order—

(a)substitute another sum for the sum for the time being specified in subsection (3);

(b)amend the definition of “relevant period”.

548BSection 548A: further definitions

(1)This section supplements section 548A.

(2)“Commission”, in relation to a policy or contract, includes any passing of value to or for the benefit of an intermediary, or a person connected with an intermediary, that can reasonably be taken to represent a reward in respect of the policy or contract.

(3)Commission in respect of a policy or contract is “reinvested” if, as a result of a waiver of an entitlement to it, there is an increase in the total value of a relevant person’s policies and contracts.

(4)The amount of commission reinvested is the amount of the increase.

(5)Commission in respect of a policy or contract is “rebated” if—

(a)value passes (directly or indirectly) from an intermediary, or a person connected with an intermediary, to or for the benefit of a relevant person (and the passing of value does not amount to the reinvestment of the commission), and

(b)the passing of value can reasonably be taken to be in respect of the commission.

(6)The amount of commission rebated is the amount of value passed.

(7)A policy or contract is a person’s policy or contract if a gain arising in connection with it would be—

(a)a gain for which the person, or (if the person is an individual) the person’s spouse or civil partner, would be liable to tax under Chapter 9 of Part 4 of ITTOIA 2005, or

(b)treated by virtue of section 547(1) above as forming part of the person’s income.

(8)Any necessary apportionment is to be made (on a just and reasonable basis) as regards—

(a)commission which is attributable to two or more premiums, and

(b)any part of such commission that has been rebated or reinvested.

(9)Commission which is in respect of one or more policies or contracts (but is not attributable to particular premiums) is to be attributed to such premiums as is just and reasonable.

(10)In subsections (3) and (5), “relevant person” means—

(a)any of the policyholders (including any of the persons who hold the contract),

(b)a person who beneficially owns the rights under the policy or contract,

(c)if those rights are held on trust, any of the trustees, or

(d)a person connected (within the meaning of section 839) with a person within any of paragraphs (a) to (c).

(11)In subsections (8) and (9), references to a premium include, in relation to a contract for a life annuity, lump sum consideration.”

(2)In section 552 of that Act (information: duty of insurers), after subsection (12) insert—

“(13)For the purposes of this section, no account is to be taken of the effect of section 548A above or section 541A of ITTOIA 2005.”

(3)In ITTOIA 2005, after section 541 insert—

“Rebated or reinvested commission

541AEffect of rebated or reinvested commission in certain cases

(1)This section applies if—

(a)a chargeable event within section 484(1)(a)(i) to (iii), (c) or (e) occurs in respect of a policy or contract,

(b)commission in respect of the policy or contract has at any time been rebated or reinvested, and

(c)condition A or B is met.

(2)For the purposes of performing the calculation in section 494 (total allowable deductions) for the chargeable event, the total amount of premiums under the policy or contract paid in the period mentioned in section 494(1) or (2)(b) is to be reduced by the total amount of commission attributable to those premiums that has been rebated or reinvested.

(3)Condition A is that the total amount of premiums under the policy or contract paid in a relevant period exceeds £100,000.

(4)Condition B is that—

(a)at a time when the policy or contract was the taxable person's, the taxable person’s policies and contracts exceeded the relevant threshold as respects a relevant period, and

(b)premiums under the policy or contract were paid in that relevant period.

(5)In subsection (4)(a) “taxable person” means the person whose policy or contract the policy or contract is, immediately before the chargeable event.

(6)For the purposes of subsection (4)(a) a person’s policies and contracts “exceed the relevant threshold” as respects a relevant period if the total amount of premiums under them paid in that relevant period exceeds the sum specified in subsection (3).

(7)In this section “relevant period” means—

(a)the period beginning with the beginning of the tax year in which the chargeable event occurs and ending with the chargeable event, or

(b)any of the 3 preceding tax years.

(8)The Treasury may by order—

(a)substitute another sum for the sum for the time being specified in subsection (3);

(b)amend the definition of “relevant period”.

541BSection 541A: further definitions

(1)This section supplements section 541A.

(2)“Commission”, in relation to a policy or contract, includes any passing of value to or for the benefit of an intermediary, or a person connected with an intermediary, that can reasonably be taken to represent a reward in respect of the policy or contract.

(3)Commission in respect of a policy or contract is “reinvested” if, as a result of a waiver of an entitlement to it, there is an increase in the total value of a relevant person’s policies and contracts.

(4)The amount of commission reinvested is the amount of the increase.

(5)Commission in respect of a policy or contract is “rebated” if—

(a)value passes (directly or indirectly) from an intermediary, or a person connected with an intermediary, to or for the benefit of a relevant person (and the passing of value does not amount to the reinvestment of the commission), and

(b)the passing of value can reasonably be taken to be in respect of the commission.

(6)The amount of commission rebated is the amount of value passed.

(7)A policy or contract is a person’s policy or contract if a gain arising in connection with it would be—

(a)a gain for which the person, or (if the person is an individual) the person’s spouse or civil partner, would be liable to tax under this Chapter, or

(b)treated by virtue of section 547(1) of ICTA as forming part of the person’s income.

(8)Any necessary apportionment is to be made (on a just and reasonable basis) as regards—

(a)commission which is attributable to two or more premiums, and

(b)any part of such commission that has been rebated or reinvested.

(9)Commission which is in respect of one or more policies or contracts (but is not attributable to particular premiums) is to be attributed to such premiums as is just and reasonable.

(10)In subsections (3) and (5), “relevant person” means—

(a)any of the policyholders (including any of the persons who hold the contract),

(b)a person who beneficially owns the rights under the policy or contract,

(c)if those rights are held on trust, any of the trustees, or

(d)a person connected with a person within any of paragraphs (a) to (c).”

(4)The amendments made by this section have effect in relation to a policy or contract if—

(a)it is made on or after 21st March 2007, or

(b)on or after that date, any of its terms are varied, or a right under it is exercised, so as to increase the benefits under it.

30Avoidance involving financial arrangements

Schedule 5 contains provision in relation to tax avoidance involving financial arrangements.

31Companies carrying on business of leasing plant or machinery

Schedule 6 contains provision in relation to companies carrying on a business of leasing plant or machinery.

32Restrictions on companies buying losses or gains: tax avoidance schemes

(1)TCGA 1992 is amended as follows.

(2)In section 184A(2) (losses accruing on disposals of pre-change assets not deductible from gains unless gains accrue on disposals of pre-change assets), omit “unless the gains accrue to the company on a disposal of a pre-change asset”.

(3)In section 184B(2) (losses not deductible from gains accruing on disposals of pre-change assets unless losses accrue on disposals of pre-change assets), omit “unless the loss accrues to the company on a disposal of a pre-change asset”.

(4)Section 70 of FA 2006 (which inserted sections 184A to 184F of TCGA 1992) is amended as follows.

(5)In subsection (9) (special provision for qualifying changes of ownership and disposals before 5th December 2005)—

(a)for “The following subsection applies” substitute “Subsections (10) to (12) apply”,

(b)in paragraph (a), omit “or 184B”,

(c)in paragraph (c), for “at all subsequent times,” substitute “immediately afterwards,”,

(d)after that paragraph insert—

“(ca)no qualifying change of ownership occurs at any time in relation to the principal company of that group for the purposes of section 184A of TCGA 1992 directly or indirectly in consequence of, or otherwise in connection with, any arrangements the main purpose, or one of the main purposes, of which is to secure a tax advantage falling within subsection (1)(d) of that section, and”,

(e)omit paragraph (d) (together with the “and” following it), and

(f)in paragraph (e), omit “, or a qualifying gain for the purposes of section 184B of that Act,”.

(6)For subsections (10) and (11) substitute—

“(10)Subsection (2) of that section has effect in relation to that qualifying loss subject to the following modifications.

(11)That subsection has effect as if there were inserted at the end of it “unless the gains accrue to the company on a disposal of a pre-change asset”.

(12)That subsection (modified as mentioned above) has effect as if the reference to a pre-change asset included an asset held before the relevant time by any company—

(a)which, immediately before that time, was a member of the same group of companies as the relevant company, and

(b)which, throughout the period beginning with that time and ending immediately after the making of the disposal referred to in that subsection, has remained under the control of the company which was the principal company of that group at the relevant time.

(13)Expressions which are used in subsections (9) to (12) have the same meaning as in sections 184A and 184C of TCGA 1992.”

(7)The amendment made by subsection (2) has effect in relation to gains accruing on disposals made on or after 21st March 2007.

(8)The amendment made by subsection (3) has effect in relation to losses accruing on disposals made on or after that date.

(9)The amendments made by subsections (5) and (6) have effect in relation to disposals made on or after that date; but the amendment made by subsection (5)(d) has no effect in relation to disposals made before 9th May 2007.

33Lloyd’s corporate members: restriction of group relief

(1)In FA 1994, after section 227 insert—

“227ARestriction of group relief

(1)Losses of the last active underwriting year of a corporate member are not eligible for surrender by the corporate member as group relief to another company unless the group-relief continuity condition is satisfied.

(2)In this section “last active underwriting year”, in relation to a corporate member, means—

(a)if the corporate member writes insurance business in only one underwriting year, that underwriting year, and

(b)otherwise, the last underwriting year in which the corporate member writes insurance business.

(3)Where in an underwriting year—

(a)the corporate member writes an amount of insurance business which is insignificant when compared with that written by it in the preceding underwriting year, or

(b)the only insurance business written by the corporate member consists of the acceptance of reinsurance to close premiums,

the underwriting year is not to be regarded for the purposes of subsection (2)(b) above as an underwriting year in which the corporate member writes insurance business.

(4)In subsection (3)(b) above “reinsurance to close premium” means a premium or other consideration under a contract in pursuance of which, in accordance with the rules or practice of Lloyd's, one underwriting member agrees with another to meet liabilities arising from the latter’s underwriting business in an underwriting year so that the accounts of the business for that year may be closed.

(5)The group-relief continuity condition is satisfied if the corporate member (as the surrendering company) and the other company (as the claimant company) meet the conditions in section 402(2) or (3) of the Taxes Act 1988 throughout the period—

(a)beginning with the last day of the last active underwriting year of the corporate member, and

(b)ending with the first day of the first underwriting year in which losses of the last active underwriting year are declared.”

(2)The amendment made by subsection (1) has effect in relation to any case where the corporate member (as the surrendering company) and the other company (as the claimant company) first meet the conditions in section 402(2) or (3) of ICTA on or after 21st March 2007.

34Employee benefit contributions

(1)Schedule 24 to FA 2003 (restriction on deductions for employee benefit contributions) is amended as follows.

(2)In paragraph 1 (restriction of deductions), for sub-paragraphs (1) and (2) substitute—

“(1)This Schedule applies if, in calculating for corporation tax purposes the profits of a person (“the employer”) for a period, a deduction would otherwise be allowable for the period in respect of employee benefit contributions made or to be made (but see paragraph 8).

(2)For the purposes of this Schedule, an “employee benefit contribution” is made if, as a result of any act or omission—

(a)property is held, or may be used, under an employee benefit scheme, or

(b)there is an increase in the total value of property that is so held or may be so used (or a reduction in any liabilities under an employee benefit scheme).”

(3)In paragraph 3, for “the third party” substitute “a scheme manager”.

(4)In paragraph 4—

(a)in sub-paragraphs (1) and (2), for “the third party” (in both places) substitute “a scheme manager”, and

(b)in sub-paragraph (3), for “third party” substitute “scheme manager”.

(5)In paragraph 5, for “the third party” (in both places) substitute “a scheme manager”.

(6)In paragraph 9(1) (interpretation)—

(a)after the definition of “relevant migrant member” insert—

““scheme manager” means a person who administers an employee benefit scheme (acting in that capacity);”, and

(b)omit the definition of “the third party”.

(7)Part 2 of ITTOIA 2005 (trading income) is amended as follows.

(8)In section 38 (restriction of deductions for employee benefit contributions), for subsection (1) substitute—

“(1)This section applies if, in calculating for income tax purposes the profits of a trade of a person (“the employer”) for a period, a deduction would otherwise be allowable for the period in respect of employee benefit contributions made or to be made (but see subsection (4)).”

(9)In section 39 (making of “employee benefit contributions), for subsection (1) substitute—

“(1)For the purposes of section 38, an “employee benefit contribution” is made if, as a result of any act or omission—

(a)property is held, or may be used, under an employee benefit scheme, or

(b)there is an increase in the total value of property that is so held or may be so used (or a reduction in any liabilities under an employee benefit scheme).”

(10)In section 41 (timing and amount of certain benefits), for “the third party” (in both places) substitute “a scheme manager”.

(11)In section 42 (provision or payment out of employee benefit contributions)—

(a)in subsection (1), for “the third party”, in the first place, substitute “a scheme manager” and, in the second place, substitute “the scheme manager”,

(b)in subsection (3), for “the third party”, in the first place, substitute “a scheme manager” and, in the second place, substitute “the scheme manager”, and

(c)in subsection (5), for “third party” substitute “scheme manager”.

(12)In section 44(1) (interpretation), for the definition of “the third party” substitute—

““scheme manager” means a person who administers an employee benefit scheme (acting in that capacity).”

(13)The amendments made by this section have effect in relation to employee benefit contributions made on or after 21st March 2007.

35Schemes etc designed to increase double taxation relief

(1)Section 804ZA of ICTA (schemes and arrangements designed to increase relief) is amended as follows.

(2)In subsection (8)(c), omit “resident in a territory outside the United Kingdom”.

(3)After subsection (11) insert—

“(11A)In this section “foreign tax” includes any tax which for the purpose of allowing credit under any arrangements against corporation tax is treated by section 801 as if it were tax payable under the law of any territory outside the United Kingdom.”

(4)The amendments made by this section have effect in relation to a credit for foreign tax which relates to—

(a)a payment of foreign tax on or after 6th December 2006, or

(b)income received on or after that date in respect of which foreign tax has been deducted at source,

but see also subsections (6) and (7).

(5)In subsection (4)—

(a)references to foreign tax are to be construed in accordance with section 804ZA(11A) of ICTA (as inserted by subsection (3) above), and

(b)the reference to tax deducted at source is to tax deducted (or treated as deducted) from income or treated as paid in respect of income.

(6)The DTR anti-avoidance provisions have effect in relation to any action (or failure to act) that occurs under any scheme or arrangement on or after 6th December 2006 (as well as in relation to the cases mentioned in section 87(3) of FA 2005 or subsection (4) above).

(7)“The DTR anti-avoidance provisions” means section 804ZA of ICTA (as amended by this section), sections 804ZB and 80ZC of that Act and Schedule 28AB to that Act.

Capital allowances

36Industrial and agricultural buildings allowances

(1)No balancing adjustment is to be made under Part 3 of CAA 2001 (industrial buildings allowances) if—

(a)the qualifying expenditure in question is not qualifying enterprise zone expenditure for the purposes of that Part, and

(b)the balancing event in question is a post-commencement balancing event,

and in paragraph (b) “post-commencement balancing event” means any balancing event for the purposes of that Part which occurs on or after 21st March 2007, but does not include an event which occurs before 1st April 2011 in pursuance of a relevant pre-commencement contract (see subsection (7)).

(2)For the purposes of section 311 of that Act (calculation of allowance after sale of relevant interest) the amount of the residue of qualifying expenditure immediately after a post-commencement relevant event is taken to be the amount of the residue of qualifying expenditure immediately before that event.

(3)In subsection (2)—

• “qualifying expenditure” does not include any expenditure which is qualifying enterprise zone expenditure for the purposes of that Part, and

• “post-commencement relevant event” means any relevant event within the meaning of section 311 of that Act which occurs on or after 21st March 2007, but does not include an event which occurs before 1st April 2011 in pursuance of a relevant pre-commencement contract.

(4)No balancing adjustment is to be made under Part 4 of that Act (agricultural buildings allowances) if the balancing event in question is a post-commencement balancing event.

(5)For the purposes of section 376 of that Act (calculation of allowance after acquisition) the amount of the residue of qualifying expenditure immediately after a post-commencement balancing event is taken to be the amount of the residue of qualifying expenditure immediately before that event.

(6)In subsections (4) and (5) “post-commencement balancing event” means any balancing event under section 381 of that Act (as a result of an election made in accordance with section 382 of that Act) which occurs on or after 21st March 2007, but does not include an event which occurs before 1st April 2011 in pursuance of a relevant pre-commencement contract.

(7)For the purposes of this section a contract is “a relevant pre-commencement contract” if—

(a)the contract is a contract in writing made before 21st March 2007,

(b)the contract is unconditional or its conditions have been satisfied before that date,

(c)no terms remain to be agreed on or after that date, and

(d)the contract is not varied in a significant way on or after that date.

37Temporary increase in first-year capital allowances for small enterprises

(1)The amount of a first-year allowance under section 44 of CAA 2001 (expenditure incurred by small or medium-sized enterprises) is to be determined, in the case of expenditure to which this subsection applies, as if the percentage specified in the entry relating to that section in the Table in section 52(3) of that Act were 50%.

(2)Subsection (1) applies to expenditure incurred by a small enterprise (within the meaning of section 44 of that Act) in the period of 12 months beginning with—

(a)1st April 2007, if the small enterprise is within the charge to corporation tax, or

(b)6th April 2007, if the small enterprise is within the charge to income tax.

(3)Accordingly, in section 52(3) of CAA 2001, in the sentence following the Table, insert at the end—

“(c)section 37 of the Finance Act 2007 (substitution of 50% in the case of expenditure incurred by a small enterprise in 2007-08 or financial year 2007).”

Insurance and friendly societies

38Insurance companies: gross roll-up business etc

(1)Part 1 of Schedule 7 contains provisions relating to gross roll-up business, capital redemption business and miscellaneous minor matters relating to insurance companies.

(2)The amendments made by that Part of that Schedule have effect—

(a)for the purposes of corporation tax, for periods of account of insurance companies beginning on or after 1st January 2007, and

(b)for the purposes of income tax, for the tax year 2007-08 and subsequent tax years.

(3)Subsection (2) is subject to the transitional provisions in Part 2 of that Schedule.

39Insurance companies: basis of taxation etc

(1)Part 1 of Schedule 8 contains provision about the basis of taxation of insurance companies and related matters.

(2)The amendments made by that Part of that Schedule have effect for periods of account of insurance companies beginning on or after 1st January 2007.

(3)Subsection (2) is subject to the transitional provisions in Part 2 of that Schedule.

40Insurance companies: transfers etc

Schedule 9 contains provision about transfers by insurance companies and related matters.

41Insurance companies: miscellaneous

Schedule 10 contains miscellaneous provisions relating to insurance companies.

42Technical provisions made by general insurers

Schedule 11 contains provision in relation to technical provisions made by general insurers.

43Lloyd's: cessation of business by corporate members

(1)In FA 1994, after section 227A (inserted by section 33) insert—

“227BTransfer of underwriting business without change of ownership

(1)This section applies where, in accordance with the rules or practice of Lloyd's, a corporate member (“the successor”) has taken up the syndicate capacity of another corporate member (“the predecessor”).

(2)Section 343 of the Taxes Act 1988 (company reconstructions without a change of ownership) applies as if—

(a)the trade mentioned in that section were the underwriting business of the predecessor,

(b)the predecessor ceases to carry it on, and the successor begins to carry it on, at the end of the first underwriting year in which profits or losses of the predecessor’s last active underwriting year are declared, and

(c)subsections (8) to (10) and (12) were omitted.

(3)For the purposes of subsection (1) above the successor has taken up the predecessor’s syndicate capacity if it has taken up the rights to participate in syndicates which were (or otherwise would be) offered to the predecessor.

(4)In subsection (2)(b) above “last active underwriting year” has the same meaning as in section 227A above (see subsections (2) to (4) of that section).”

(2)The amendment made by subsection (1) has effect in any case where the first underwriting year in which profits or losses of the predecessor’s final underwriting year are declared is 2007 or a later underwriting year.

44Transfers of business by friendly societies to insurance companies etc

Schedule 12 contains provisions about transfers of business by friendly societies to insurance companies etc.

45Tax exempt business of friendly societies

(1)Section 462 of ICTA (conditions for tax exempt business) is amended as follows.

(2)For subsection (1) substitute—

“(1)Subject to subsections (2) to (4) below, section 460 does not afford any exemption from corporation tax in relation to so much of the profits arising to a friendly society or insurance company from any business as is attributable to a policy which—

(a)is not a qualifying policy (by virtue of sub-paragraph (2) of paragraph 6 of Schedule 15) and is not an excluded policy, and

(b)would not be a qualifying policy (by virtue of that sub-paragraph) if all excluded policies were left out of account.

(1A)For the purposes of subsection (1) above a policy is an excluded policy if—

(a)it is a policy held otherwise than with the friendly society or insurance company, or

(b)the person who has the contract effecting the policy acquired the rights under it on an assignment (or, in Scotland, assignation) otherwise than for money or money’s worth.”

(3)In subsection (2), for “under section 460(1) for profits arising from any part of a life or endowment” substitute “in relation to profits arising from any part of a”.

(4)In subsection (3), for the words after “section” substitute “460 does not afford any exemption from corporation tax in relation to so much as is attributable to that policy of the profits of the friendly society or insurance company concerned.”

(5)In section 462A(8)(b) of ICTA (election to tax exempt business), for ““societies”” substitute ““policies””.

(6)The amendments made by this section are deemed to have come into force on 1st January 2007.

46Purchased life annuities: self-assessment

(1)In section 437(1C) of ICTA (general annuity business), omit paragraphs (c)(i) and (d)(i).

(2)In section 656 of that Act (purchased life annuities other than retirement annuities), omit subsections (5) and (6).

(3)In section 658 of that Act (supplementary), omit subsections (1) and (4) to (6).

(4)In section 828(4) of that Act (parliamentary procedure for orders and regulations), omit “658(3)”.

(5)In section 717 of ITTOIA 2005 (exemption for part of purchased life annuity payment), omit subsection (3).

(6)Omit section 723 of that Act (officer of Revenue and Customs to determine certain questions).

(7)In section 724 of that Act (regulations)—

(a)in subsection (1)(a), for “723” substitute “722”, and

(b)omit subsection (2).

(8)In section 873(3) of that Act (parliamentary procedure for orders and regulations), omit paragraph (b).

(9)The amendments made by subsections (1) to (3) and (5) to (7) come into force on such day as the Treasury may by order appoint; and different days may be appointed for different purposes.

Repos

47Sale and repurchase of securities

(1)Schedule 13 contains provision for corporation tax purposes about the sale and repurchase of securities.

(2)Schedule 14 contains minor and consequential amendments in relation to the sale and repurchase of securities.

(3)The Treasury may by order make such other amendments (including repeals and revocations) of enactments or instruments as may appear appropriate in consequence of, or otherwise in connection with, those Schedules.

(4)Schedule 13, and the amendments made by Schedule 14, have effect in accordance with provision made by the Treasury by order.

(5)Any order under this section—

(a)may make different provision for different purposes, and

(b)may contain transitional provision and savings.

CFCs

48Controlled foreign companies

Schedule 15 contains provision in relation to controlled foreign companies.

R&D

49Vaccine research relief: amount of deduction for SMEs

(1)Part 2 of Schedule 13 to FA 2002 (manner of giving effect to vaccine research relief: small and medium-sized companies) is amended as follows.

(2)In paragraph 14 (deduction in computing profits of trade), for sub-paragraph (2) substitute—

“(2)The appropriate deduction is 50% of the qualifying expenditure.”

(3)In paragraph 15 (alternative treatment of pre-trading expenditure: deemed trading loss)—

(a)in sub-paragraph (2)(b), for the words from “not” to the end substitute “non-Schedule 20 expenditure.”, and

(b)after sub-paragraph (6) insert—

“(7)Qualifying expenditure is “non-Schedule 20 expenditure” if the company is not entitled to relief under Schedule 20 to the Finance Act 2000 in respect of it.”

(4)In paragraph 16 (entitlement to tax credit), for sub-paragraph (3) substitute—

“(3)The amount of the surrenderable loss is equal to the lower of A and B where—

• A is so much of the trading loss referred to in sub-paragraph (2) as is unrelieved, and

• B is—

  (a)

  if paragraph 14 applies, the sum of the amount deductible under that paragraph and so much of the qualifying expenditure mentioned in that paragraph as is non-Schedule 20 expenditure;

  (b)

  if paragraph 15 applies, the total deemed trading loss under that paragraph.”

(5)After sub-paragraph (5) of that paragraph insert—

“(6)Paragraph 15(7) (meaning of “non-Schedule 20 expenditure”) applies for the purposes of sub-paragraph (3).”

(6)The amendments made by this section have effect in relation to expenditure incurred on or after 1st April 2007.

50Research and development tax relief: definition of SME etc

(1)In Part 1 of Schedule 20 to FA 2000 (entitlement to R&D tax relief), paragraph 2(1) (meaning of “small or medium-sized enterprise”) is amended as follows.

(2)Before Qualification 1 insert—

• “Qualification A1

  In Article 2(1) of the Annex the references to 250 persons, 50 million euros and 43 million euros are to be read as references to 500 persons, 100 million euros and 86 million euros (respectively).”

(3)In Qualification 1—

(a)after “micro, small or medium-sized enterprise” insert “(or would be if the Annex were read as set out in Qualification A1)”;

(b)at the end insert “(read as set out in Qualification A1)”.

(4)Part 2 of Schedule 13 to FA 2002 (giving effect to VRR tax relief) is amended as follows.

(5)After paragraph 15 insert—

“Paragraphs 14 and 15: modifications for larger SMEs claiming R&D tax credits

15A(1)This paragraph applies in relation to a company for an accounting period if—

(a)the company is a larger SME in the accounting period, and

(b)it claims a tax credit under paragraph 15 of Schedule 20 to the Finance Act 2000 (R&D tax credit) for the accounting period.

(2)The appropriate deduction under paragraph 14 above is 50% of so much of the qualifying expenditure as is non-Schedule 20 expenditure (as defined by paragraph 15(7)).

(3)Paragraph 15 above has effect as if sub-paragraph (2)(a) were omitted.

(4)In this paragraph “larger SME” means a company which qualifies as a small or medium-sized enterprise by virtue of Qualification A1 in paragraph 2(1) of Schedule 20 to the Finance Act 2000.”

(6)After paragraph 16 insert—

“Entitlement to tax credit: modification for larger SMEs

16A(1)Paragraph 16(3) has effect in relation to a larger SME as if for the definition of “B” there were substituted—

“B is 150% of so much of the qualifying expenditure mentioned in paragraph 14 or 15 as is non-Schedule 20 expenditure.”

(2)“Larger SME” has the same meaning as in paragraph 15A.”

(7)The amendments made by this section have effect in relation to expenditure incurred on or after such day as the Treasury may by order appoint.

(8)A day before the day on which this Act is passed may be appointed, but not one before 1st April 2007.

(9)For the purpose of determining, in relation to expenditure incurred on or after the appointed day, whether a company is a small or medium-sized enterprise, the amendments are to be treated as always having had effect.

Venture capital schemes etc

51Venture capital schemes etc

Schedule 16 contains provision about venture capital schemes (and provision consequential on such provision).

REITs

52Real Estate Investment Trusts

(1)Schedule 17 contains provisions about Real Estate Investment Trusts.

(2)The amendments made by that Schedule have effect in respect of—

(a)an accounting period, of a company to which Part 4 of FA 2006 (REITs) applies, which begins on or after 1st January 2007,

(b)an accounting period, of the principal company of a group to which that Part applies, which begins on or after 1st January 2007, and

(c)a distribution to which section 121 of FA 2006 applies and which is received on or after 1st January 2007.

Alternative finance

53Alternative finance investment bond

(1)In FA 2005, after section 48 insert—

“48AAlternative finance arrangements: alternative finance investment bond: introduction

(1)Subject to section 52, arrangements fall within this section if—

(a)the arrangements provide for one person (“the bond-holder”) to pay a sum of money (“the capital”) to another (“the bond-issuer”),

(b)the arrangements identify assets, or a class of assets, which the bond-issuer will acquire for the purpose of generating income or gains directly or indirectly (“the bond assets”),

(c)the arrangements specify a period at the end of which they cease to have effect (“the bond term”),

(d)the bond-issuer undertakes under the arrangements—

(i)to dispose at the end of the bond term of any bond assets which are still in the bond-issuer’s possession,

(ii)to make a repayment of the capital (“the redemption payment”) to the bond-holder during or at the end of the bond-term (whether or not in instalments), and

(iii)to pay to the bond-holder other payments on one or more occasions during or at the end of the bond term (“additional payments”),

(e)the amount of the additional payments does not exceed an amount which would be a reasonable commercial return on a loan of the capital,

(f)under the arrangements the bond-issuer undertakes to arrange for the management of the bond assets with a view to generating income sufficient to pay the redemption payment and additional payments,

(g)the bond-holder is able to transfer the rights under the arrangements to another person (who thereby becomes the bond-holder),

(h)the arrangements are a listed security on a recognised stock exchange (within the meaning of section 1005 of ITA 2007), and

(i)the arrangements are wholly or partly treated in accordance with international accounting standards as a financial liability of the bond-issuer (or would be if the bond-issuer applied those standards).

(2)For the purposes of subsection (1)—

(a)the bond-issuer may acquire bond assets before or after the arrangements take effect,

(b)bond assets may be property of any kind, including rights in relation to property owned by someone other than the bond-issuer,

(c)the identification of the bond assets mentioned in subsection (1)(b) and the undertakings mentioned in subsection (1)(d) and (f) may (but need not) be described as, or accompanied by a document described as, a declaration of trust,

(d)a reference to the management of assets includes a reference to disposal,

(e)the bond-holder may (but need not) be entitled under the arrangements to terminate them, or participate in terminating them, before the end of the bond term,

(f)the amount of the additional payments may be—

(i)fixed at the beginning of the bond term,

(ii)determined wholly or partly by reference to the value of or income generated by the bond assets, or

(iii)determined in some other way,

(g)if the amount of the additional payments is not fixed at the beginning of the bond term, the reference in subsection (1)(e) to the amount of the additional payments is a reference to the maximum amount of the additional payments,

(h)the amount of the redemption payment may (but need not) be subject to reduction in the event of a fall in the value of the bond assets or in the rate of income generated by them, and

(i)entitlement to the redemption payment may (but need not) be capable of being satisfied (whether or not at the option of the bond-issuer or the bond-holder) by the issue or transfer of shares or other securities.

(3)An order under section 1005 of ITA 2007 (recognised stock exchanges: designation) may designate a stock exchange for the purposes of that section in its application for the purposes of this section only.

48BAlternative finance arrangements: alternative finance investment bond: effects

(1)Additional payments under arrangements falling within section 48A are alternative finance return for the purpose of this Chapter (subject to the provisions in section 51A about the treatment of discount).

(2)For the purposes of an enactment about any tax (and irrespective of the position for other purposes)—

(a)a bond-holder shall not be treated as having a legal or beneficial interest in the bond assets,

(b)the bond-issuer shall not be treated as a trustee of the bond assets,

(c)profits and gains accruing to the bond-issuer in connection with the bond assets are profits and gains of the bond-issuer and not of the bond-holder (and do not arise to the bond-issuer in a fiduciary or representative capacity),

(d)payments made by the bond-issuer by way of redemption payment or additional payment are not made in a fiduciary or representative capacity, and

(e)a bond-holder shall not be entitled to relief for capital expenditure in connection with bond assets.

(3)Arrangements falling within section 48A are securities for the purposes of an enactment about any tax (including Chapters 1 to 5 of Part 7 of ITEPA 2003); for which purpose—

(a)a reference to redemption shall be taken as a reference to making the redemption payment,

(b)a reference to interest shall be taken as a reference to alternative finance return, and

(c)for the purposes of section 84 the bond issuer shall be treated as being party as debtor to a capital market arrangement.

(4)Arrangements falling within section 48A are a corporate bond, issued on the date on which the arrangements are entered into, for the purposes of section 117 of TCGA 1992 (qualifying corporate bonds) if—

(a)the capital is expressed in sterling,

(b)the arrangements do not include provision for the redemption payment to be in a currency other than sterling,

(c)entitlement to the redemption payment is not capable of conversion (directly or indirectly) into an entitlement to the issue of securities apart from other arrangements falling within section 48A, and

(d)the additional payments are not determined wholly or partly by reference to the value of the bond assets;

and section 117(2) shall have effect for the purposes of this subsection as for the purposes of section 117(1).

(5)Arrangements falling within section 48A shall not be treated—

(a)as a unit trust scheme for the purposes of TCGA 1992,

(b)as a unit trust scheme for the purposes of section 469 of ICTA or section 1007 of ITA 2007 (distributions),

(c)as an offshore fund for the purposes of Chapter 5 of Part 17 of ICTA (offshore funds), or

(d)as a relevant holding for the purposes of paragraph 4 of Schedule 10 to FA 1996 (loan relationships: collective investment schemes).

(6)A bond-issuer is not a securitisation company for the purposes of section 83 (unless it is one by virtue of arrangements which do not fall within section 48A).

(7)For the purposes of section 417 of ICTA (close companies)—

(a)a bond-holder is a loan creditor in respect of the bond-issuer;

(b)arrangements falling within section 48A shall be disregarded in the application of section 417(1)(d).

(8)For the purposes of Schedule 18 to ICTA (group relief)—

(a)a bond-holder is a loan creditor in respect of the bond-issuer;

(b)paragraph 1(5)(b) shall be disregarded in determining whether a person is an equity holder by virtue of arrangements falling within section 48A.”

(2)Chapter 5 of Part 2 of FA 2005 (alternative finance arrangements) is amended as follows.

(3)In section 46 (introduction)—

(a)in subsection (1), after “47A,” insert “48A,”, and

(b)in subsection (2), after paragraph (d) (before “or” at the end) insert—

“(da)a bond-issuer within the meaning of section 48A below, but only in relation to any bond assets which are rights under arrangements falling within section 47 or 47A,”.

(4)In section 50(1) (treatment of alternative finance arrangements: companies), for “or 47A” substitute “, 47A or 48A”.

(5)After section 51 insert—

“51ADiscount

(1)This section applies where part of the additional payments in respect of arrangements falling within section 48A equates in substance to discount (“the discount element”).

(2)The discount element shall not be treated as alternative finance return for the purposes of income tax.

(3)The discount element shall be treated—

(a)in accordance with section 381 of ITTOIA 2005, or

(b)where the arrangements falling within section 48A are deeply discounted securities for the purpose of Chapter 8 of Part 4 of ITTOIA 2005, in accordance with that Chapter.”

(6)In section 52 (provision not at arm’s length)—

(a)in subsection (1), after “47A,” insert “48A,”,

(b)in subsection (3), after “47A,” insert “48A,”, and

(c)in subsection (4), for “or 47A” substitute “, 47A or 48A”.

(7)In section 53 (sale and purchase of asset)—

(a)in subsection (1) (and in the heading), for “or 47A” substitute “, 47A or 48A”, and

(b)in subsection (3), after “47A” insert “or 48A”.

(8)In section 54 (return not to be treated as distribution)—

(a)the existing provision becomes subsection (1),

(b)after that subsection insert—

“(2)Neither additional payments nor any part of the redemption payment under arrangements falling within section 48A are to be treated by virtue of section 209(2)(e)(iii) of ICTA as being a distribution for the purposes of the Corporation Tax Acts.”, and

(c)the heading accordingly becomes “Return not to be treated as distribution”.

(9)In Schedule 2 (supplementary provision), in paragraph 1(b) (definition of “relevant arrangements”), after “section” insert “48A,”.

(10)In section 117 of TCGA 1992 (qualifying corporate bonds), after subsection (6C) insert—

“(6D)Section 48B(4) of the Finance Act 2005 (alternative finance arrangements) provides for certain arrangements falling within section 48A to be a corporate bond for the purposes of this section.”

(11)In section 127(1)(ca) of FA 1995 (persons not treated as UK representatives), for “subsection (5) of section 47” substitute “Chapter 5 of Part 2”.

(12)In section 148(5A) of FA 2003 (meaning of “permanent establishment”), for “subsection (5) of section 47” substitute “Chapter 5 of Part 2”.

(13)Section 56 of FA 2005 (commencement and transitional) shall have effect in relation to the commencement of this section—

(a)as if references to Chapter 5 of Part 2 of that Act were references to this section,

(b)as if references to 6th April 2005 were references to—

(i)1st April 2007 in relation to corporation tax, and

(ii)6th April 2007 in relation to income tax and capital gains tax, and

(c)as if references to section 49 were references to sections 48A and 48B.

(14)But—

(a)for the purposes of income tax and capital gains tax in relation to the disposal after 6th April 2007 of arrangements to which new section 48A applies (whenever entered into) that section and new section 48B shall be treated as always having had effect, and

(b)an order made after the passing of this Act under section 1005 of ITA 2007 (recognised stock exchanges: designation) and by virtue of new section 48A(3) may be expressed—

(i)to have effect as from 1st April 2007 for the purposes of arrangements entered into on or after that date, and

(ii)for the purposes mentioned in paragraph (a), as always having had effect.

54Profit share agency

In section 49A(3) of FA 2005 (profit share agency: principal not treated as entitled to agent’s share of profits), insert at the end “(and the agent is treated as entitled to the profits specified in subsection (1)(c) and (d))”.

Trusts

55Trust income

(1)In section 686A(2)(a) of ICTA (receipts to be treated as income subject to special rate of tax: payment by company), after “made” insert “by way of qualifying distribution”.

(2)In Type 1(b) in section 482 of ITA 2007 (types of amount to be charged at special rates for trustees), after “made” insert “by way of qualifying distribution”.

(3)The amendments made by this section have effect in respect of payments made to the trustees of a settlement on or after 6th April 2006.

56Trust gains on contracts for life insurance

(1)Section 498 of ITA 2007 (trustees' tax pool) is amended as follows.

(2)In subsection (1)—

(a)in Type 1, for “2 or 3” substitute “2, 3 or 3A”, and

(b)after Type 3 insert—

• “Type 3A

  The amount of tax at the nominal rate on any amount in respect of which—

  1.

  the trustees are liable to income tax under section 467 of ITTOIA 2005 (gains from contracts for life insurance etc),

  2.

  the trustees are liable to income tax at the trust rate by virtue of section 482 above, and

  3.

  tax at the savings rate is treated as having been paid by virtue of section 530 of ITTOIA 2005 (life insurance).”

(3)After subsection (2) insert—

“(2A)In relation to Type 3A, the reference to the nominal rate is a reference to a rate equal to the difference between the trust rate and the savings rate.”

(4)The amendments made by this section have effect in relation to gains arising to the trustees of a settlement on or after 6th April 2007.

Other corporation tax measures

57Offshore funds

(1)In section 396 of ICTA (corporation tax: setting off of Case VI losses), in subsection (2) (losses to which subsection (1) does not apply), insert at the end “or on a disposal to which Chapter 5 of Part 17 applies.”

(2)In section 756A of ICTA (definition of “offshore fund”), for subsection (3) substitute—

“(3)In this section “collective investment scheme” means any arrangements which are a collective investment scheme for the purposes of Part 17 of the Financial Services and Markets Act 2000 (see section 235 of that Act and orders made under subsection (5) of that section) or would be if the words “, within a period appearing to him to be reasonable,” were omitted from section 236(3)(a) of that Act.

(4)But the reference to offshore funds in section 760(3)(a) does not include any arrangements which are not a collective investment scheme for the purposes of that Part of that Act.”

(3)In section 842 of ICTA (investment trusts), after subsection (3) insert—

“(3A)References in this section to income do not include income treated as arising under section 761(1)(a).”

(4)In Schedule 27 to ICTA (distributing funds), in sub-paragraph (1)(c) of paragraph 6 (investments of offshore fund in other offshore funds which could, apart from that paragraph, be certified as distributing funds not to count towards limit in section 760(3)(a)), omit “without regard to the provisions of this paragraph,”.

(5)In section 152 of ITA 2007 (losses from miscellaneous transactions), in subsection (8), insert at the end “except that income on which income tax is charged under section 761(1)(b)(i) of ICTA is not “section 1016 income” for the purposes of subsection (2)(a)”.

(6)The amendment made by subsection (1) has effect in relation to disposals on or after 1st April 2007.

(7)The amendment made by subsection (3) has effect in relation to accounting periods beginning on or after the day on which this Act is passed.

(8)The amendment made by subsection (4) has effect in relation to account periods (within the meaning of Chapter 5 of Part 17 of ICTA) beginning on or after 1st January 2007.

(9)The amendment made by subsection (5) has effect in relation to transactions on or after 6th April 2007.

58Election out of special film rules for film production companies

(1)In section 32 of FA 2006 (meaning of “film production company”), insert at the end—

“(7)A company may elect to be regarded as a company which does not meet the description in subsection (3) or (4).

(8)The election—

(a)must be made by the company by being included in its company tax return for an accounting period (and may be included in the return originally made or by amendment), and

(b)may be withdrawn by the company only by amending its company tax return for that accounting period.

(9)The election has effect in relation to films which commence principal photography in that or any subsequent accounting period.

(10)“Company tax return” has the same meaning as in Schedule 18 to FA 1998 (see paragraph 3(1)).”

(2)In paragraph 10 of Schedule 18 to FA 1998 (other claims and elections to be included in company tax return), insert at the end—

“(5)An election under section 32(7) of the Finance Act 2006 (election not to be a film production company) can only be made by being included in a company tax return (see section 32(8)(a) of that Act).”

59Securitisation companies

(1)Section 83 of FA 2005 (continued application of old UK GAAP to securitisation companies during transitional period) is amended as follows.

(2)In subsection (1)(b) (old UK GAAP to apply to periods of account ending before 1st January 2008), insert at the beginning “(subject to subsection (7A)(a))”.

(3)After subsection (7) insert—

“(7A)The Treasury may by regulations—

(a)make provision for subsection (1) to apply in relation to periods of account ending on or after 1st January 2008 but before a date specified by the regulations, and

(b)make provision modifying any provision of, or made under, the Corporation Tax Acts in relation to the first period of account of securitisation companies in the case of which subsection (1) does not apply (whether by virtue of that subsection itself or regulations under paragraph (a)).

(7B)Regulations under subsection (7A)(a) may, in particular—

(a)specify a date only in relation to specified descriptions of company,

(b)specify different dates in relation to different descriptions of company, and

(c)include provision for a company to elect that the regulations are to apply to it or provision for a company to elect that they are not to apply to it.”

(4)Section 84 of FA 2005 (power to make provision as to application of Corporation Tax Acts in relation to securitisation companies) is amended as follows.

(5)In subsection (3)(d), for “to that effect is made,” substitute “that they are to apply is made or that the regulations do not apply to a company if an election that they are not to apply is made,”.

(6)For subsection (5) substitute—

“(5)The regulations—

(a)may make incidental, supplementary, consequential or transitional provision or savings (including provision amending any provision of, or made under, the Taxes Acts (within the meaning of section 118(1) of TMA 1970)), and

(b)may include provision having effect (in the case of provision relating to corporation tax) from the beginning of periods of account current when the regulations are made or (in the case of provision relating to income tax or capital gains tax) in relation to times before the regulations are made.”

Other income tax measures

60Gift aid: limits

(1)In section 418 of ITA 2007 (donations to charity by individuals: limits)—

(a)in subsection (2)(c), for “2.5%” substitute “5%”, and

(b)in subsection (3), for “£250” substitute “£500”.

(2)In section 339 of ICTA (donations to charity)—

(a)in subsection (3B)(b), for “£250” substitute “£500”, and

(b)in subsection (3DA)(c), for “2.5 per cent” substitute “5 per cent”.

(3)The amendment made by subsection (1) has effect in relation to gifts made on or after 6th April 2007.

(4)The amendment made by subsection (2) has effect in relation to gifts made in an accounting period ending on or after 6th April 2007.

61Enterprise management incentives: excluded activities

(1)In Part 3 of Schedule 5 to ITEPA 2003 (enterprise management incentives: qualifying companies), in paragraph 19 (excluded activities: receipt of royalties or licence fees)—

(a)in sub-paragraph (4), for paragraphs (a) and (b) substitute—

“(a)by the relevant company, or

(b)by a company which was a qualifying subsidiary of the relevant company throughout a period during which it created the whole or greater part (in terms of value) of the intangible asset.”, and

(b)after sub-paragraph (7) insert—

“(8)If—

(a)the relevant company acquired all the shares (“old shares”) in another company (“the old company”) at a time when the only shares issued in the relevant company were subscriber shares, and

(b)the consideration for the old shares consisted wholly of the issue of shares in the relevant company,

references in sub-paragraph (4) to the relevant company include the old company.”

(2)The amendments made by subsection (1) have effect in relation to options granted on or after 6th April 2007.

(3)They also have effect in relation to a qualifying option within subsection (4), for the purpose of determining at any time on or after that date whether an activity is an excluded activity.

(4)An option is within this subsection if it was granted before 6th April 2007 and, immediately before that date—

(a)it had not been exercised, and

(b)no disqualifying event had occurred in relation to it.

(5)Subsection (6) applies in respect of an option within subsection (4) if—

(a)immediately before 6th April 2007—

(i)the right to exploit an intangible asset (“the asset”) was vested in the relevant company or a subsidiary of it (in either case, alone or jointly with others), and

(ii)the asset was a relevant intangible asset,

(b)at any time on or after that date, an activity carried on by the relevant company or a subsidiary of it would be an excluded activity by reason only of the receipt of royalties or licence fees attributable to the exploitation of the asset, and

(c)the activity would not be an excluded activity if the amendments made by subsection (1) had not been made.

(6)The activity is to be treated, in relation to the option, as not being an excluded activity at that time.

62Benefits code: whether employment is “lower-paid employment”

(1)In section 219 of ITEPA 2003 (exclusion of lower-paid employments from parts of benefits code: extra amounts to be added in connection with a car), omit subsections (5) and (6).

(2)The repeal made by subsection (1) has effect for the tax year 2007-08 and subsequent tax years.

63Armed forces redundancy schemes

(1)In section 411 of ITEPA 2003 (exception for payments and benefits for forces), the existing provision becomes subsection (1) and after that subsection insert—

“(2)This Chapter does not apply to a payment or other benefit provided under a scheme established by an order under section 1(1) of the Armed Forces (Pensions and Compensation) Act 2004.”

(2)The amendments made by subsection (1) have effect for the tax year 2006-07 and subsequent tax years.

64Armed forces: the Operational Allowance

(1)In ITEPA 2003, after section 297 insert—

“297AArmed forces: the Operational Allowance

(1)No liability to income tax arises in respect of payments to members of the armed forces of the Crown of the Operational Allowance.

(2)The Operational Allowance is an allowance designated as such by the Secretary of State.”

(2)The amendment made by subsection (1) has effect in relation to payments whenever made.

65Service charge income

(1)Section 480 of ITA 2007 (meaning of “accumulated or discretionary income”) is amended as follows.

(2)In subsection (3)(c) (income from service charges held on trust by relevant housing body), for the words after “charges” substitute “which are paid in respect of dwellings in the United Kingdom and are held on trust.”

(3)For subsections (5) and (6) substitute—

“(5)In subsection (3)(c) “service charges” has the meaning given by section 18 of the Landlord and Tenant Act 1985 (but as if that section also applied in relation to dwellings in Scotland and Northern Ireland).”

(4)The amendments made by this section have effect for the tax year 2007-08 and subsequent tax years.

66Charge on benefits received by former owner of property: late elections

(1)In paragraph 23 of Schedule 15 to FA 2004 (charge to income tax on benefits received by former owner of property), for sub-paragraphs (3) and (4) substitute—

“(3)The election must be made on or before—

(a)the relevant filing date, or

(b)such later date as an officer of Revenue and Customs may, in a particular case, allow.”

(2)The amendment made by subsection (1) is deemed to have come into force on 21st March 2007.

67Unpaid remuneration and employee benefit contributions

(1)Section 31 of ITTOIA 2005 (relationship between rules prohibiting and allowing deductions: trading income) is amended as follows.

(2)In subsection (1) (priority of relevant permissive rules over relevant prohibitive rules), in paragraph (b) (sections to which that priority rule is subject), for “sections 48 (car or motor cycle hire) and” substitute “section 36 (unpaid remuneration), section 38 (employee benefit contributions), section 48 (car or motor cycle hire) and section”.

(3)In subsection (3) (meaning of “relevant prohibitive rule”), after “sections” insert “36, 38,”.

(4)Section 274 of ITTOIA 2005 (provision corresponding to section 31 of that Act in case of property income) is amended as follows.

(5)In subsection (1)(b), for “sections 48 (car or motor cycle hire) and” substitute “section 36 (unpaid remuneration), section 38 (employee benefit contributions), section 48 (car or motor cycle hire) and section”.

(6)In subsection (3), after “sections” insert “36, 38,”.

(7)The amendments made by this section have effect for the tax year 2007-08 and subsequent tax years.