Finance Act 2010

Part 1 U.K.Charges, rates etc

Income taxU.K.

1Charge, main rates, thresholds and allowances etc for 2010-11U.K.

(1)Income tax is charged for the tax year 2010-11.

(2)For that tax year—

(a)the basic rate is 20%,

(b)the higher rate is 40%, and

(c)the additional rate is 50%.

(3)The amounts specified in the following provisions of ITA 2007 are the same for the tax year 2010-11 as for the tax year 2009-10—

(a)sections 10(5) and 12(3) (basic rate limit and starting rate limit for savings),

(b)sections 35, 36(1), 37(1) and 38(1) (personal allowances and blind person's allowance),

(c)sections 43, 45(3)(a) and (b) and 46(3)(a) and (b) (tax reductions for married couples and civil partners), and

(d)sections 36(2), 37(2), 45(4) and 46(4) (adjusted net income limit).

Corporation taxU.K.

2Charge and main rate for financial year 2011U.K.

(1)Corporation tax is charged for the financial year 2011.

(2)For that year the rate of corporation tax is—

(a)[F126%] on profits of companies other than ring fence profits, and

(b)30% on ring fence profits of companies.

(3)In subsection (2) “ring fence profits” has the same meaning as in Part 8 of CTA 2010 (see section 276 of that Act).

3Small profits rates and fractions for financial year 2010U.K.

(1)For the financial year 2010 the small profits rate is—

(a)21% on profits of companies other than ring fence profits, and

(b)19% on ring fence profits of companies.

(2)For the purposes of Part 3 of CTA 2010, for that year—

(a)the standard fraction is 7/400ths, and

(b)the ring fence fraction is 11/400ths.

(3)In subsection (1) “ring fence profits” has the same meaning as in Part 8 of CTA 2010 (see section 276 of that Act).

Capital gains taxU.K.

4Increase in entrepreneurs' reliefU.K.

(1)In section 169N(3) of TCGA 1992 (limit on entrepreneurs' relief)—

(a)for “£1 million” (in both places) substitute “ £2 million ”, and

(b)in paragraph (b), after “total of” insert “ so much of ” and insert at the end “ as was subject to reduction under subsection (2) ”.

(2)The amendments made by subsection (1) have effect in relation to qualifying business disposals occurring on or after 6 April 2010.

Capital allowancesU.K.

5Annual investment allowanceU.K.

(1)In section 51A(5) of CAA 2001 (entitlement to annual investment allowance: maximum allowance), for “£50,000” substitute “ £100,000 ”.

(2)The amendment made by subsection (1) has effect in relation to expenditure incurred on or after the relevant date.

(3)Subsections (4) and (5) apply in relation to a chargeable period (“the actual chargeable period”) which—

(a)begins before the relevant date, and

(b)ends on or after that date.

(4)The maximum allowance under section 51A of CAA 2001 for the actual chargeable period is the sum of each maximum allowance that would be found if—

(a)the period beginning with the first day of the chargeable period and ending with the day before the relevant date, and

(b)the period beginning with the relevant date and ending with the last day of the chargeable period,

were treated as separate chargeable periods.

(5)But, so far as concerns expenditure incurred before the relevant date, the maximum allowance under section 51A of that Act for the actual chargeable period is to be calculated as if the amendment made by subsection (1) had not been made.

(6)In this section “the relevant date” means—

(a)for corporation tax purposes, 1 April 2010, and

(b)for income tax purposes, 6 April 2010.

Stamp duty land taxU.K.

F26Relief for first-time buyersU.K.

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7Rate in respect of residential property where consideration over £1mU.K.

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The amendment made by subsection (1) has effect in relation to any land transaction of which the effective date is on or after 6 April 2011.

(3)But that amendment does not have effect in relation to any transaction—

(a)effected in pursuance of a contract entered into and substantially performed before 25 March 2010, or

(b)effected in pursuance of a contract entered into before that date and not excluded by subsection (4).

(4)A transaction effected in pursuance of a contract entered into before 25 March 2010 is excluded by this subsection if—

(a)there is any variation of the contract, or assignment (or assignation) of rights under the contract, on or after 25 March 2010,

(b)the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

(c)on or after that date there is an assignment (or assignation), subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.

Inheritance taxU.K.

8Rate bandsU.K.

(1)The Table substituted in Schedule 1 to IHTA 1984 by section 155(1)(b) and (4) of FA 2006 (which provides for a rate of nil per cent on such portion of the value concerned as does not exceed £325,000 and a rate of 40 per cent on such portion as exceeds that amount) has effect in relation to chargeable transfers made on or after 6 April 2010.

(2)Accordingly, omit—

(a)in IHTA 1984, the Table substituted in Schedule 1 in relation to chargeable transfers made on or after that date (which provided for a rate of nil per cent on such portion of the value concerned as does not exceed £350,000 and a rate of 40 per cent on such portion as exceeds that amount), and

(b)in FA 2007, section 4 (which substituted it).

(3)Section 8 of IHTA 1984 (indexation) does not have effect by virtue of any difference between the retail prices index for the month of September in 2010, 2011, 2012 or 2013 and the previous September.

Alcohol and tobaccoU.K.

9Rates of alcoholic liquor dutiesU.K.

(1)ALDA 1979 is amended as follows.

(2)In section 5 (rate of duty on spirits), for “£22.64” substitute “ £23.80 ”.

(3)In section 36(1AA)(a) (standard rate of duty on beer), for “£16.47” substitute “ £17.32 ”.

(4)In section 62(1A) (rates of duty on cider)—

(a)in paragraph (a) (rate of duty per hectolitre in the case of sparkling cider of a strength exceeding 5.5 per cent), for “£207.20” substitute “ £217.83 ”,

(b)in paragraph (b) (rate of duty per hectolitre in the case of cider of a strength exceeding 7.5 per cent which is not sparkling cider), for “£47.77” substitute “ £54.04 ”, and

(c)in paragraph (c) (rate of duty per hectolitre in any other case), for “£31.83” substitute “ £36.01 ”.

(5)In section 62(1A) (as amended by subsection (4))—

(a)in paragraph (b), for “£54.04” substitute “ £50.22 ”, and

(b)in paragraph (c), for “£36.01” substitute “ £33.46 ”.

(6)For the table in Schedule 1 substitute— “TABLE OF RATES OF DUTY ON WINE AND MADE-WINE

PART 1 U.K.WINE OR MADE-WINE OF A STRENGTH NOT EXCEEDING 22 PER CENT

PART 2 U.K.WINE OR MADE-WINE OF A STRENGTH EXCEEDING 22 PER CENT

(7)The amendments made by subsections (2) to (4) and (6) are treated as having come into force on 29 March 2010.

(8)The amendments made by subsection (5) come into force on 30 June 2010.

10Rates of tobacco products dutyU.K.

(1)For the table in Schedule 1 to TPDA 1979 substitute—

(2)The amendment made by subsection (1) is treated as having come into force at 6 pm on 24 March 2010.

Vehicle excise dutyU.K.

11Rates for motorcyclesU.K.

(1)In paragraph 2(1) of Schedule 1 to VERA 1994 (annual rates of duty: motorcycles)—

(a)in paragraph (c) (motorbicycle which has engine with cylinder capacity exceeding 400cc but not exceeding 600cc), for “£48” substitute “ £50 ”, and

(b)in paragraph (d) (motorcycle not within any of paragraphs (a) to (c)), for “£66” substitute “ £70 ”.

(2)The amendments made by subsection (1) have effect in relation to licences taken out on or after 1 April 2010.

Fuel dutiesU.K.

12Fuel duties: rates and rebates from April 2010U.K.

(1)HODA 1979 is amended as follows.

(2)In section 6(1A) (main rates)—

(a)in paragraph (a) (unleaded petrol), for “£0.5619” substitute “ £0.5719 ”,

(b)in paragraph (aa) (aviation gasoline), for “£0.3457” substitute “ £0.3835 ”,

(c)in paragraph (b) (light oil other than unleaded petrol or aviation gasoline), for “£0.6591” substitute “ £0.6691 ”, and

(d)in paragraph (c) (heavy oil), for “£0.5619” substitute “ £0.5719 ”.

(3)In section 6AA(3) (rate of duty on biodiesel), for “shall be £0.3619 a litre” substitute “ is the same as that in the case of heavy oil ”.

(4)In section 6AB (rate of duty on bioblend)—

(a)in subsection (3), for the words after “is the” substitute “ same as that in the case of heavy oil. ”, and

(b)omit subsections (4) and (5).

(5)In section 6AD(3) (rate of duty on bioethanol), for “shall be £0.3619 a litre.” substitute “ is the same as that in the case of unleaded petrol. ”

(6)In section 6AE (rate of duty on blends of bioethanol and hydrocarbon oil)—

(a)in subsection (3), for the words after “bioethanol blend” substitute “ is the same as that in the case of unleaded petrol. ”, and

(b)omit subsections (4) and (5).

(7)In section 8(3) (road fuel gas)—

(a)in paragraph (a) (natural road fuel gas), for “£0.2216” substitute “ £0.2360 ”, and

(b)in paragraph (b) (other road fuel gas), for “£0.2767” substitute “ £0.3053 ”.

(8)In section 11(1) (rebate on heavy oil)—

(a)in paragraph (a) (fuel oil), for “£0.1037” substitute “ £0.1055 ”, and

(b)in paragraph (b) (gas oil), for “£0.1080” substitute “ £0.1099 ”.

(9)In section 14(1) (rebate on light oil for use as furnace fuel), for “£0.1037” substitute “ £0.1055 ”.

(10)In section 14A(2) (rebate on certain biodiesel), for “£0.1080” substitute “ £0.1099 ”.

(11)The following are revoked—

(a)the Hydrocarbon Oil Duties (Hydrogenation of Biomass) (Reliefs) Regulations 2006 (S.I. 2006/3426),

(b)the Hydrocarbon Oil Duties (Sulphur-free Diesel) (Hydrogenation of Biomass) (Reliefs) (Amendment) Regulations 2007 (S.I. 2007/2406), and

(c)regulation 11 of the Hydrocarbon Oil, Biofuels and Other Fuel Substitutes (Determination of Composition of a Substance and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/753).

(12)The amendments made by this section are treated as having come into force on 1 April 2010.

13Fuel duties: further changes in rates and rebatesU.K.

(1)HODA 1979 is amended as follows.

(2)In section 6(1A) (main rates)—

(a)in paragraph (a) (unleaded petrol)—

(i)on 1 October 2010, for “£0.5719” substitute “ £0.5819 ”, and

(ii)on 1 January 2011, for “£0.5819” substitute “ £0.5895 ”,

(b)in paragraph (b) (light oil other than unleaded petrol or aviation gasoline)—

(i)on 1 October 2010, for “£0.6691” substitute “ £0.6791 ”, and

(ii)on 1 January 2011, for “£0.6791” substitute “ £0.6867 ”, and

(c)in paragraph (c) (heavy oil)—

(i)on 1 October 2010, for “£0.5719” substitute “ £0.5819 ”, and

(ii)on 1 January 2011, for “£0.5819” substitute “ £0.5895 ”.

(3)In section 8(3) (road fuel gas)—

(a)in paragraph (a) (natural road fuel gas)—

(i)on 1 October 2010, for “£0.2360” substitute “ £0.2505 ”, and

(ii)on 1 January 2011, for “£0.2505” substitute “ £0.2615 ”, and

(b)in paragraph (b) (other road fuel gas)—

(i)on 1 October 2010, for “£0.3053” substitute “ £0.3195 ”, and

(ii)on 1 January 2011, for “£0.3195” substitute “ £0.3304 ”.

(4)In section 11(1) (rebate on heavy oil)—

(a)in paragraph (a) (fuel oil)—

(i)on 1 October 2010, for “£0.1055” substitute “ £0.1074 ”, and

(ii)on 1 January 2011, for “£0.1074” substitute “ £0.1088 ”, and

(b)in paragraph (b) (gas oil)—

(i)on 1 October 2010, for “£0.1099” substitute “ £0.1118 ”, and

(ii)on 1 January 2011, for “£0.1118” substitute “ £0.1133 ”.

(5)In section 14(1) (rebate on light oil for use as furnace fuel)

(a)on 1 October 2010, for “£0.1055” substitute “ £0.1074 ”, and

(b)on 1 January 2011, for “£0.1074” substitute “ £0.1088 ”.

(6)In section 14A(2) (rebate on certain biodiesel)—

(a)on 1 October 2010, for “£0.1099” substitute “ £0.1118 ”, and

(b)on 1 January 2011, for “£0.1118” substitute “ £0.1133 ”.

Other environmental taxesU.K.

14Rates of air passenger dutyU.K.

(1)In section 30 of FA 1994 (air passenger duty: rates)—

(a)in subsection (2) (journeys ending in UK or Part 1 territory), for “£11” substitute “ £12 ” and for “£22” substitute “ £24 ”,

(b)in subsection (3) (journeys ending in Part 2 territory), for “£45” substitute “ £60 ” and for “£90” substitute “ £120 ”,

(c)in subsection (4) (journeys ending in Part 3 territory), for “£50” substitute “ £75 ” and for “£100” substitute “ £150 ”, and

(d)in subsection (4A) (other journeys), for “£55” substitute “ £85 ” and for “£110” substitute “ £170 ”.

(2)The amendments made by subsection (1) have effect in relation to the carriage of passengers beginning on or after 1 November 2010.

15Standard rate of landfill taxU.K.

(1)In section 42(1) and (2) of FA 1996 (standard amount of landfill tax), for “£48” substitute “ £56 ”.

(2)The amendments made by subsection (1) have effect in relation to disposals made (or treated as made) on or after 1 April 2011.

16Rate of aggregates levyU.K.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Rates of climate change levyU.K.

(1)In Schedule 6 to FA 2000 (climate change levy), for the table in paragraph 42(1) substitute—

(2)The amendment made by subsection (1) has effect in relation to supplies treated as taking place on or after 1 April 2011.

18Climate change levy: reduced-rate suppliesU.K.

(1)In Schedule 6 to FA 2000 (climate change levy), in paragraph 42(1)(c) (reduced-rate supplies), for “20 per cent.” substitute “ 35 per cent. ”.

(2)The amendment made by subsection (1) has effect in relation to supplies treated as taking place on or after 1 April 2011.

GamblingU.K.

19Rate of bingo dutyU.K.

(1)In section 17(1)(b) of BGDA 1981 (bingo duty chargeable at 22 per cent of bingo promotion profits), for “22” substitute “ 20 ”.

(2)The amendment made by subsection (1) has effect in relation to accounting periods beginning on or after 29 March 2010.

20Rates of gaming dutyU.K.

(1)In section 11(2) of FA 1997 (rates of gaming duty), for the table substitute—

(2)The amendment made by subsection (1) has effect in relation to accounting periods beginning on or after 1 April 2010.

21Amusement machine licence dutyU.K.

(1)In section 23(2) of BGDA 1981 (amount of duty payable on amusement machine licence), for the table substitute—

(2)The amendment made by subsection (1) has effect in relation to cases where the application for the amusement machine licence is received by the Commissioners for Her Majesty's Revenue and Customs after 4 pm on 26 March 2010.

New taxesU.K.

22Bank payroll taxU.K.

Schedule 1 contains provision for and in connection with bank payroll tax.

F523Pensions: high income excess relief chargeU.K.

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Part 2 U.K.Anti-avoidance and revenue protection

Losses, capital allowances etcU.K.

24Sideways relief etcU.K.

Schedule 3 contains provision about sideways relief etc.

25Property loss reliefU.K.

(1)Chapter 4 of Part 4 of ITA 2007 (losses from property businesses) is amended as follows.

(2)In section 117 (overview of Chapter), after subsection (2) insert—

“(3)This Chapter also contains provision restricting relief under this Chapter (see section 127A).”

(3)In section 120 (deduction of property losses from general income), after subsection (6) insert—

“(7)See also section 127A (no relief for tax-generated losses attributable to annual investment allowance).”

(4)After section 127 insert—

“Restrictions on reliefU.K.

127ANo relief for tax-generated losses attributable to annual investment allowance

(1)This section applies if—

(a)in a tax year a person makes a loss in a UK property business or overseas property business (whether carried on alone or in partnership),

(b)the loss has a capital allowances connection (see section 123(2)), and

(c)the loss arises directly or indirectly in consequence of, or otherwise in connection with, relevant tax avoidance arrangements.

(2)No property loss relief against general income may be given to the person for so much of the applicable amount of the loss as is attributable to an annual investment allowance.

(3)For the purposes of subsection (2), the applicable amount of the loss is to be treated as attributable to capital allowances before anything else and to an annual investment allowance before any other capital allowance.

(4)In subsection (1) “relevant tax avoidance arrangements” means arrangements—

(a)to which the person is a party, and

(b)the main purpose, or one of the main purposes, of which is being in a position to make use of an annual investment allowance in the obtaining of a reduction in tax liability by means of property loss relief against general income.

(5)In subsection (4) “arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

(6)In this section “the applicable amount of the loss” has the meaning given by section 122.”

(5)The amendments made by this section have effect in relation to a loss if it arises directly or indirectly in consequence of, or otherwise in connection with—

(a)arrangements which are entered into on or after 24 March 2010, or

(b)any transaction forming part of arrangements which is entered into on or after that date.

(6)But those amendments do not have effect where the arrangements are, or any such transaction is, entered into pursuant to an unconditional obligation in a contract made before that date.

(7)“An unconditional obligation” means an obligation which may not be varied or extinguished by the exercise of a right (whether or not under the contract).

26Capital allowance buyingU.K.

Schedule 4 contains provisions about capital allowance buying.

27Leased assetsU.K.

Schedule 5 contains provisions about leased assets.

28Cushion gasU.K.

(1)Part 2 of CAA 2001 (plant and machinery allowances) is amended as follows.

(2)Section 70J (meaning of “funding lease”) is amended as follows.

(3)After subsection (1) insert—

“(1A)A plant or machinery lease is also a “funding lease” if the plant or machinery is cushion gas.”

(4)In subsection (2), for “Subsection (1) is” substitute “ Subsections (1) and (1A) are ”.

(5)After subsection (6) insert—

“(7)In this section “cushion gas” means gas that functions or is intended to function as plant in a particular gas storage facility.”

(6)In section 104A(1) (special rate expenditure)—

(a)omit the “and” at the end of paragraph (d), and

(b)after paragraph (e) insert “and

(f)expenditure incurred on or after 1 April 2010 on the provision of cushion gas (within the meaning given by section 70J(7)).”

(7)After section 104F insert—

“104GDisposal events in respect of cushion gas

(1)This section applies if expenditure incurred by a person on the provision of cushion gas used in a particular gas storage facility includes both new expenditure and old expenditure.

(2)Any disposal event which concerns any of that cushion gas is to be treated for the purposes of this Part as relating to cushion gas which is the subject of the new expenditure before cushion gas which is the subject of the old expenditure.

(3)The result of subsection (2) (including any further application of that subsection) is that a disposal event may be treated as relating—

(a)only to cushion gas which is the subject of the new expenditure,

(b)both to—

(i)cushion gas which is the subject of the new expenditure, and

(ii)cushion gas which is the subject of the old expenditure, or

(c)only to cushion gas which is the subject of the old expenditure.

(4)If a disposal event is treated, as a result of subsection (2), as relating both to—

(a)cushion gas which is the subject of the new expenditure, and

(b)cushion gas which is the subject of the old expenditure,

it is to be treated for the purposes of this Part as two separate disposal events, the first relating to cushion gas within paragraph (a) and the second relating to cushion gas within paragraph (b).

(5)In this section—

• “cushion gas” has the meaning given by section 70J(7),

• “new expenditure” means expenditure incurred on or after 1 April 2010, and

• “old expenditure” means expenditure incurred before that date.”

(8)The amendments made by subsections (2) to (5) have effect in relation to leases whose inception (within the meaning given by section 70YI(1) of CAA 2001) is on or after 1 April 2010.

(9)The amendments made by subsection (6) have effect in relation to expenditure incurred on or after 1 April 2010.

(10)The amendment made by subsection (7) has effect in relation to disposal events on or after 1 April 2010.

29Sale of lessors: consortium relationshipsU.K.

(1)Chapters 3 and 4 of Part 9 of CTA 2010 (sales of lessors) are amended as follows.

(2)In section 393(7) (qualifying 75% subsidiaries), omit “or 90%”.

(3)In section 394 (consortium relationships)—

(a)in subsections (1)(b), (4) and (5)(b), for “90%” substitute “ 75% ”, and

(b)in subsection (9)(b), omit “or 90%”.

(4)In section 398 (qualifying 75% or 90% subsidiary), omit—

(a)subsections (5) and (6), and

(b)in subsection (7)(b), “and “90% subsidiary””,

and, in the heading, omit “or 90%”.

(5)In section 405(2)(b) and (6) (adjustments to basic amount), for “90%” substitute “ 75% ”.

(6)In sections 408(5)(b) and 430(4)(b) (associated company), for “90%” substitute “ 75% ”.

(7)In Schedule 4 to CTA 2010, omit the entry relating to “qualifying 90% subsidiary (in Chapters 3 to 6 of Part 9)”.

(8)The amendments made by this section have effect where the relevant day is on or after 9 December 2009.

(9)Corresponding amendments, having effect where the relevant day is on or after that date, are to be treated as having been made in Schedule 10 to FA 2006.

Charities etcU.K.

30Charities and community amateur sports clubs: definitionsU.K.

Schedule 6 contains provision about the meaning of “charity” (and related expressions) and “community amateur sports club”.

31Gifts of shares etc to charitiesU.K.

Schedule 7 contains provision about schemes to obtain or increase relief in respect of certain gifts to charities.

32Miscellaneous amendmentsU.K.

Schedule 8 contains miscellaneous amendments of provisions relating to charities.

Remittance basisU.K.

33“Relevant person”U.K.

(1)Section 809M of ITA 2007 (remittance basis: meaning of “relevant person”) is amended as follows.

(2)In subsection (2)(f), insert at the end “ or a company which is a 51% subsidiary of such a company, ”.

(3)In subsection (3)(ca), for “Act),” substitute “ Act) and, in relation to a company that would be a close company if it were resident in the United Kingdom, means a person who would be such a participator if it were a close company, ”.

(4)The amendments made by this section are treated as having come into force on 6 April 2010.

34Foreign currency bank accountsU.K.

Schedule 9 contains provision about foreign currency bank accounts.

Other international mattersU.K.

35Penalties: offshore income etcU.K.

(1)Schedule 10 contains provision about penalties in respect of offshore income etc.

(2)Schedule 10 comes into force on such day as the Treasury may by order appoint.

(3)An order under subsection (2)—

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

(b)may include transitional provisions and savings.

(4)The Treasury may by order make any incidental, supplemental, consequential, transitional or transitory provision or saving that appears appropriate in consequence of, or otherwise in connection with, Schedule 10.

(5)An order under subsection (4) may—

(a)make different provision for different purposes, and

(b)make provision amending, repealing or revoking an enactment or instrument (whenever passed or made).

(6)An order under this section is to be made by statutory instrument.

(7)A statutory instrument containing an order under subsection (4) is subject to annulment in pursuance of a resolution of the House of Commons.

36Reliefs and reductions for foreign taxU.K.

Schedule 11 contains provision about activities designed to increase the amount allowed by way of credit or reduction in respect of foreign tax.

37Asset transfer to non-resident company: recovery of postponed chargeU.K.

(1)In section 140 of TCGA 1992 (postponement of charge on transfer of assets to non-resident company)—

(a)in subsection (4), for “the consideration received by it on the disposal shall be treated as increased by” substitute “ there shall be deemed to accrue to the transferor company as a chargeable gain on that occasion ”, and

(b)after that subsection insert—

“(4A)A chargeable gain which is deemed to accrue under subsection (4) is in addition to any gain or loss that actually accrues to the transferor company on the disposal of the securities.”

(2)In Schedule 7AC to that Act (exemption for disposals by companies with substantial shareholding), omit paragraph 35 (recovery of charge postponed on transfer of asset to non-resident company).

(3)The amendments made by this section have effect in relation to disposals of securities on or after 6 January 2010.

Securities etcU.K.

38Transactions in securitiesU.K.

Schedule 12 contains provision about transactions in securities.

39Approved CSOP schemes: eligible sharesU.K.

(1)In Part 4 of Schedule 4 to ITEPA 2003 (shares to which approved CSOP schemes can apply), omit paragraph 17(1)(c) (shares in a company which is under the control of a listed company).

(2)Accordingly, in that Schedule—

(a)in paragraph 17—

(i)after sub-paragraph (1)(a) insert “ or ”,

(ii)omit “or” at the end of sub-paragraph (1)(b), and

(iii)omit sub-paragraph (2), and

(b)omit paragraph 20(3)(c) (and the “or” before it).

(3)The amendments made by this section—

(a)come into force on 24 September 2010, and

(b)have effect in relation to options granted on or after that day.

(4)If—

(a)during the period beginning with 24 March 2010 and ending with 23 September 2010 (“the transitional period”), a share option is granted to an individual in accordance with the provisions of an approved CSOP scheme, and

(b)the shares which may be acquired by the exercise of the option are shares in a company which is under the control of a listed company, other than shares of a class listed on a recognised stock exchange,

the share option is to be treated for the purposes of the CSOP code as not having been granted in accordance with the provisions of an approved CSOP scheme.

(5)An alteration made to a scheme during the transitional period in order to meet the amended paragraph 17 requirement is to be regarded as an alteration made in a key feature of the scheme for the purposes of paragraph 30 of Schedule 4 to ITEPA 2003 (withdrawal of approval).

(6)Where the amended paragraph 17 requirement is not met in respect of an approved CSOP scheme at the end of the transitional period, the requirement is to be treated for the purposes of paragraph 30(2)(a) of that Schedule (disqualifying events) as ceasing to be met immediately after that time.

(7)Where, by virtue of subsection (6), approval is withdrawn from a scheme under Part 7 of that Schedule, that withdrawal has effect (from the time determined in accordance with paragraph 30(1) of that Schedule) in relation to options granted on or after 24 September 2010 only.

(8)In subsections (3) to (7) references to options having been granted include new share options granted under the terms of a provision included in a scheme under paragraph 26 of Schedule 4 to ITEPA 2003 (exchange of shares on company reorganisation); but paragraph 27(5) of that Schedule (new share options treated as granted at same time as old share options) does not apply for the purposes of those subsections.

(9)In this section—

• “the amended paragraph 17 requirement” means the requirement of paragraph 17 of Schedule 4 to ITEPA 2003 as amended by this section;

• “approved” and “CSOP scheme” have the meaning given by section 521 of that Act;

• “control” and “listed company” have the same meaning as in paragraph 17 of Schedule 4 to that Act.

F640Unauthorised unit trustsU.K.

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

41Index-linked gilt-edged securitiesU.K.

Schedule 14 contains provision about index-linked gilt-edged securities.

42Approved share incentive plansU.K.

(1)Paragraph 84(1) of Schedule 2 to ITEPA 2003 (approved share incentive plans) is amended as follows.

(2)For paragraph (d) substitute—

“(d)an alteration being made—

(i)in the share capital of a company any of whose shares are subject to the plan trust, or

(ii)in the rights attaching to any shares of such a company,

that materially affects the value of shares that are subject to the plan trust;”.

(3)In paragraph (e), for “have been awarded to participants” substitute “ are subject to the plan trust ”.

(4)Section 989 of CTA 2009 (deduction for contribution to plan trust) is amended as follows.

(5)In subsection (1), after paragraph (a) insert—

“(aa)the payment is not made pursuant to tax avoidance arrangements,”.

(6)After subsection (6) insert—

“(6A)For the purposes of this section the payment mentioned in subsection (1)(a) is made pursuant to tax avoidance arrangements if—

(a)it is made pursuant to arrangements entered into by the paying company, and

(b)the main purpose, or one of the main purposes, of the paying company in entering into the arrangements was to obtain a deduction or an increased deduction.

(6B)In subsection (6A) “arrangements” includes any arrangements, scheme or understanding of any kind, whether or not legally enforceable, involving a single transaction or two or more transactions.”

(7)The amendments made by subsections (1) to (3) have effect in relation to events taking place on or after 24 March 2010.

(8)The amendments made by subsections (4) to (6) have effect in relation to payments made on or after that day.

Loan relationships and derivative contractsU.K.

43Close companies: release of loans to participators etcU.K.

(1)In CTA 2009, after section 321 insert—

“321ARestriction on debits resulting from release of loans to participators etc

(1)This section applies if—

(a)a loan gives rise to a charge to tax under section 455 of CTA 2010 (including a charge by virtue of section 459 or 460 of that Act), and

(b)the whole or a part of the debt in respect of the loan is released or written off.

(2)No debit is to be brought into account for the purposes of this Part in respect of the release or writing off.”

(2)The amendment made by subsection (1) has effect in relation to debts (or parts of debts) released or written off on or after 24 March 2010.

44Connected companies: releases of debtsU.K.

Schedule 15 contains provision about releases of debts in cases involving connected companies.

45Relationships treated as loan relationships etc: reposU.K.

(1)In paragraph 4 of Schedule 13 to FA 2007 (ignoring effect on borrower of sale of securities), in sub-paragraph (4) omit the “and” at the end of paragraph (a) and after that paragraph insert—

“(aa)an amount representative of income payable in respect of the securities is not to be ignored as a result of sub-paragraph (3)(b) if it is, in accordance with generally accepted accounting practice, so recognised or taken into account, and”.

(2)In section 550 of CTA 2009 (ignoring effect on borrower of sale of securities)—

(a)in subsection (4), for “and (6)” substitute “ to (6) ”, and

(b)after subsection (5) insert—

“(5A)For the purposes of the charge to corporation tax, an amount representative of income payable in respect of the securities is not to be ignored as a result of subsection (3)(b) if—

(a)it is, in accordance with generally accepted accounting practice, recognised in determining the borrower's profit or loss for that or any other period, or

(b)it is taken into account in calculating the amounts which are so recognised.”

(3)The amendments made by this section are treated as always having had effect.

46Risk transfer schemesU.K.

Schedule 16 contains provision about risk transfer schemes.

Insurance companiesU.K.

F747Apportionment of asset value increasesU.K.

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

PensionsU.K.

48Extension of special annual allowance chargeU.K.

(1)Schedule 35 to FA 2009 (special annual allowance charge) is amended as follows.

(2)In paragraph 1(2) (high-income individual)—

(a)in the first sentence, for “£150,000” substitute “ £130,000 ”, and

(b)insert at the end—

“Paragraph 16A makes special provision about cases in which the individual's relevant income for the tax year 2009-10 is less than £150,000.”

(3)In paragraph 2 (calculation of relevant income)—

(a)in the last sentence of sub-paragraph (1),

(b)in sub-paragraph (2) (in each place), and

(c)in sub-paragraph (3) (in both places),

for “£150,000” substitute “ £130,000 ”.

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

“(5A)If—

(a)the individual's relevant income for the tax year (whether that is the tax year 2009-10 or a later tax year) would (apart from this sub-paragraph) be less than £130,000 if the reference in sub-paragraph (5) to a scheme made on or after 22 April 2009 were to a scheme made on or after 9 December 2009, and

(b)the individual's relevant income for the tax year 2009-10 is less than £150,000,

the individual's relevant income for the tax year is to be assumed to be less than £130,000.”

(5)In paragraph 11(3)(b), after “22 April” insert “ 2009 ”.

(6)After paragraph 16 insert—

“16A“Individuals with relevant income below £150,000 in 2009-10

(1)This paragraph has effect if the individual's relevant income for the tax year 2009-10 is less than £150,000.

(2)References in this Schedule to a pre-22 April 2009 pension input amount are to a pre-9 December 2009 pension input amount.

(3)References in this Schedule to noon on 22 April 2009 are to 9 December 2009.

(4)Other references in this Schedule to 22 April 2009 (except in paragraph 2) are to 9 December 2009.

(5)The reference in paragraph 16(2) to 21 April 2009 is to 8 December 2009.

(6)If the amount arrived at in the case of the individual under sub-paragraph (1) of paragraph 2 for the tax year 2009-10 is less than £150,000, take the steps in that sub-paragraph in relation to the tax year 2007-08 and the tax year 2008-09.

If the result is £150,000 or more for either or both of those earlier tax years the individual's relevant income for the tax year 2009-10 is to be assumed for the purposes of sub-paragraph (1) to be £150,000.

(7)If there is a scheme the main purpose, or one of the main purposes, of which is to secure that the individual's relevant income for the tax year 2009-10 is less than £150,000, it is to be assumed for the purposes of sub-paragraph (1) to be £150,000.”

(7)The amendments made by this section have effect for the tax year 2009-10 and subsequent tax years (but see paragraph 21(2) of Schedule 35 to FA 2009).

49InformationU.K.

In section 251(5) of FA 2004 (persons who can be required to provide information to scheme administrators etc), after paragraph (a) insert—

“(aa)employers of members of a registered pension scheme,”.

Value added tax and insurance premium taxU.K.

50Extension of reverse charge provisions to supplies of servicesU.K.

(1)In section 55A of VATA 1994 (customers to account for tax on supplies of goods of a kind used in missing trader intra-community fraud), after “goods” (in each place, including the heading) insert “ or services ”.

(2)In paragraph 2(3B) of Schedule 11 to that Act (power to require notifications relating to supplies to which section 55A(6) applies), after “goods” insert “ or services ”.

51Insurance premium tax: separate contractsU.K.

(1)Part 3 of FA 1994 (insurance premium tax) is amended as follows.

(2)Section 72 (meaning of “premium”) is amended as follows.

(3)After subsection (1A) insert—

“(1AA)A contract (“the relevant contract”) is not to be regarded as a separate contract for the purposes of subsection (1A) above if conditions A to D are met.

(1AB)Condition A is that the insured is an individual (“I”) and enters into the taxable insurance contract in a personal capacity.

(1AC)Condition B is that I—

(a)is required to enter into the relevant contract by, or as a condition of entering into, the taxable insurance contract, or

(b)would be unlikely to enter into the relevant contract without also entering into the taxable insurance contract.

(1AD)Condition C is that—

(a)the amount charged to I under the relevant contract in respect of any particular services is not open to negotiation by I, or

(b)the other terms on which particular services are to be provided to I under the relevant contract are not open to such negotiation.

(1AE)Condition D is that the amount charged to I under the taxable insurance contract is arrived at without a comprehensive assessment having been undertaken of the individual circumstances of I which might affect the level of risk.”

(4)After subsection (9) insert—

“(9A)Provision may be made by order amending subsections (1AA) to (1AE) above.”

(5)In section 74(4) and (6) (orders which need to be approved by House of Commons), for “or 71” substitute “ , 71 or 72 ”.

(6)The amendment made by subsection (3) has effect in relation to payments made on or after 24 March 2010.

Inheritance taxU.K.

52Reversionary interests of purchaser or settlor etc in relevant propertyU.K.

(1)In IHTA 1984, after section 81 insert—

“81AReversionary interests in relevant property

(1)Where a reversionary interest in relevant property to which—

(a)a person who acquired it for a consideration in money or money's worth, or

(b)the settlor or the spouse or civil partner of the settlor,

(a “relevant reversioner”) is beneficially entitled comes to an end by reason of the relevant reversioner becoming entitled to an interest in possession in the relevant property, the relevant reversioner is to be treated as having made a disposition of the reversionary interest at that time.

(2)A transfer of value of a reversionary interest in relevant property to which a relevant reversioner is beneficially entitled is to be taken to be a transfer which is not a potentially exempt transfer.”

(2)The amendment made by subsection (1) has effect in relation to reversionary interests to which a relevant reversioner becomes beneficially entitled on or after 9 December 2009.

53Interests in possessionU.K.

(1)IHTA 1984 is amended as follows.

(2)In section 3A (potentially exempt transfers)—

(a)in subsection (6), omit “other than section 52”, and

(b)after that subsection insert—

“(6A)The reference in subsection (6) above to any provision of this Act does not include section 52 below except where the transfer of value treated as made by that section is one treated as made on the coming to an end of an interest which falls within section 5(1B) below.”

(3)In section 5 (meaning of estate)—

(a)in subsection (1)(a)(ii), after “below” insert “ unless it falls within subsection (1B) below ”, and

(b)after subsection (1A) insert—

“(1B)An interest in possession falls within this subsection if the person—

(a)was domiciled in the United Kingdom on becoming beneficially entitled to it, and

(b)became beneficially entitled to it by virtue of a disposition which was prevented from being a transfer of value by section 10 below.”

(4)In—

(a)section 49(1A) (treatment of interests in possession),

(b)section 51(1A) (disposal of interest in possession), and

(c)section 52(2A) and (3A) (charge on termination of interest in possession),

insert at the end (not as part of paragraph (c))—

“or falls within section 5(1B) above.”

(5)In section 57A(1A) (relief where property enters maintenance fund), insert at the end (not as part of paragraph (c))—

“or fell within section 5(1B) above.”

(6)In section 100(1A) (alterations of capital etc where participators are trustees), insert at the end (not as part of paragraph (c))—

“or falls within section 5(1B) above.”

(7)In section 101(1A) (companies' interests in settled property), insert at the end (not as part of paragraph (b))—

“or falls within section 5(1B) above.”

(8)In section 102ZA(1)(b)(ii) of FA 1986 (gifts with reservation: termination of interests in possession), after “serial interest” insert “ or falls within section 5(1B) of the 1984 Act ”.

(9)In F(No.2)A 1987, omit section 96(2)(c).

(10)The amendments made by this section have effect in relation to an interest in possession to which a person is beneficially entitled if the person becomes beneficially entitled to it on or after 9 December 2009.

Stamp taxesU.K.

54SDRT: depositary receipt systems and clearance services systemsU.K.

(1)Part 4 of FA 1986 (stamp duty reserve tax) is amended as follows.

(2)In section 95(1) (depositary receipts: exceptions), before “there shall be” insert “ subject to section 97C, ”.

(3)In section 97(1) (clearance services: exceptions), before “there shall be” insert “ subject to section 97C, ”.

(4)In section 97B (transfer between depositary receipt system and clearance system), after subsection (1) insert—

“(1A)Subsection (1) is subject to section 97C.”

(5)After that section insert—

“97CTransfers to non-EU depositary receipt and clearance services systems

(1)This section applies where arrangements are made in accordance with which chargeable securities are—

(a)issued to an EU system, and

(b)subsequently transferred from an EU system to a non-EU system.

(2)Nothing in section 95(1), 97(1) or 97B(1) disapplies a charge to tax under section 93 or 96 in respect of that transfer if—

(a)the chargeable securities have not previously been transferred, or

(b)where they have previously been transferred, the transfer (or, if more than one, each of them) was an exempt transfer.

(3)For the purposes of subsection (1)(a) chargeable securities are issued to an EU system if—

(a)pursuant to an arrangement of the kind mentioned in section 93(1), they are issued to a nominee in respect of an EU depositary receipt issuer, or

(b)pursuant to an arrangement of the kind mentioned in section 96(1), they are issued to a nominee in respect of an EU clearance service operator.

(4)For the purposes of subsection (1)(b)—

(a)a transfer is from an EU system if it is from a company which is incorporated under the law of a member State and at the time of the transfer falls within section 67(6) or 70(6), and

(b)a transfer is to a non-EU system if it is to a company which is not incorporated under the law of a member State and at the time of the transfer falls within section 67(6) or 70(6).

(5)In this section—

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

• “EU clearance service operator” means a person—

  (a)

  whose business is or includes the provision of clearance services for the purchase and sale of chargeable securities, and

  (b)

  who—

  (i)

  if it is a company, is incorporated under the law of a member State, and

  (ii)

  in any other case, is resident in a member State;

• “EU depositary receipt issuer” means a person—

  (a)

  whose business is or includes issuing depositary receipts for chargeable securities, and

  (b)

  who—

  (i)

  if it is a company, is incorporated under the law of a member State, and

  (ii)

  in any other case, is resident in a member State;

• “exempt transfer” means a transfer in respect of which, by reason of section 90(5), 95(1), 97(1) or 97B(1), no charge to stamp duty reserve tax arises;

• “nominee”—

  (a)

  in respect of an EU clearance service operator, means a person whose business is or includes holding chargeable securities as nominee for the EU clearance service operator, and

  (b)

  in respect of an EU depositary receipt issuer, means a person whose business is or includes holding chargeable securities as nominee or agent for the EU depositary receipt issuer.”

(6)The amendments made by this section have effect in relation to transfers of chargeable securities on or after 1 October 2009.

55SDLT: partnershipsU.K.

(1)In section 75C of FA 2003 (SDLT anti-avoidance: supplemental)—

(a)in subsection (8), omit paragraph (b) (and the “and” before it), and

(b)after that subsection insert—

“(8A)Nothing in Part 3 of Schedule 15 applies to the notional transaction under section 75A.”

(2)The amendments made by subsection (1) have effect in relation to any notional transaction of which the effective date is on or after 24 March 2010.

(3)But those amendments do not have effect in relation to a notional transaction if any scheme transaction is—

(a)completed before that date,

(b)effected in pursuance of a contract entered into and substantially performed before that date, or

(c)effected in pursuance of a contract entered into before that date and not excluded by subsection (4).

(4)A scheme transaction effected in pursuance of a contract entered into before 24 March 2010 is excluded by this subsection if—

(a)there is any variation of the contract, or assignment (or assignation) of rights under the contract, on or after 24 March 2010,

(b)the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

(c)it is a land transaction and on or after that date there is an assignment (or assignation), subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.

AdministrationU.K.

56Disclosure of tax avoidance schemesU.K.

Schedule 17 contains amendments of the provisions relating to the disclosure of tax avoidance schemes.

57Opening of postal packetsU.K.

(1)Section 106 of the Postal Services Act 2000 (power to detain postal packets containing contraband) is amended as follows.

(2)In subsection (4), for paragraphs (a) and (b) substitute “ in the presence of a representative of the postal operator ”.

(3)Omit subsection (5).

(4)In subsection (7)(b), omit “if he is absent”.

Part 3 U.K.Other provisions

Income tax: benefits in kindU.K.

58Zero and low emission vehiclesU.K.

(1)Chapter 6 of Part 3 of ITEPA 2003 (taxable benefits: cars, vans and related benefits) is amended as follows.

(2)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Omit subsection (5A).

(7)Section 140 (cars first registered in 1998 or later without emissions figure) is amended as follows.

(8)In subsection (3), for the words after “year is” substitute—

“(a)the special percentage if the car cannot in any circumstances emit CO₂ by being driven, and

(b)35% in any other case.”

(9)After that subsection insert—

“(3A)The special percentage is—

(a)for the tax years 2010-11 to 2014-15, 0%, and

(b)for the tax year 2015-16 and subsequent tax years, 9%.”

(10)Omit subsection (4).

(11)In section 149(4) (car fuel benefit), for “for an electrically propelled vehicle” substitute “ or any energy for a car which cannot in any circumstances emit CO₂ by being driven. ”

(12)In section 155 (vans), for subsections (1) to (3) substitute—

“(1)The cash equivalent of the benefit of a van for a tax year is—

(a)nil in a case to which subsection (2) applies, and

(b)£3,000 in any other case.

(2)This subsection applies if—

(a)the restricted private use condition is met in relation to the van for the tax year, or

(b)the van cannot in any circumstances emit CO₂ by being driven and the tax year is any of the tax years 2010-11 to 2014-15.”

(13)In—

(a)section 156(1) (reduction for periods when van unavailable), and

(b)section 158(1) (reduction for payments for private use),

for “155(2)(a) or (b)” substitute “ 155(1) ”.

(14)In section 160 (van fuel benefit)—

(a)in subsection (1), for “155(2)(b)” substitute “ 155(1)(b) ”, and

(b)omit subsection (4).

(15)In section 170(1A) (power to amend section 155(2)(a) and (3)(b))—

(a)in paragraph (a), for “155(2)(a)” substitute “ 155(1)(a) ” and after “employee” insert “ or a zero-emission van ”, and

(b)in paragraph (b), for “155(3)(b)” substitute “ 155(1)(b) ”.

(16)In FA 2006, in section 59, omit subsection (7).

(17)In FA 2009, in Schedule 28, omit paragraph 7.

(18)The amendments made by subsections (2) to (16) have effect for the tax year 2010-11 and subsequent tax years.

(19)The amendment made by subsection (17) is treated as always having had effect.

(20)The amendment of section 142 of ITEPA 2003 made by paragraph 8 of Schedule 28 to FA 2009 has effect for the tax year 2010-11 (as well as for the tax year 2011-12 and subsequent tax years).

59Cars with CO₂ emissions figureU.K.

(1)Chapter 6 of Part 3 of ITEPA 2003 (taxable benefits: cars, vans and related benefits) is further amended as follows.

(2)For section 139 substitute—

“139Cars with a CO₂ emissions figure: the appropriate percentage

(1)The appropriate percentage for a year for a car with a CO₂ emissions figure depends on the car's CO₂ emissions figure.

(2)If the car's CO₂ emissions figure is less than the relevant threshold for the year, the appropriate percentage for the year is—

(a)if the year is 2012-13, 2013-14 or 2014-15 and the car's CO₂ emissions figure for the year does not exceed 75 grams per kilometre driven, 5%, and

(b)otherwise, 10%.

(3)If the car's CO₂ emissions figure is equal to the relevant threshold for the year, the appropriate percentage for the year is 11% (“the threshold percentage”).

(4)If the car's CO₂ emissions figure exceeds the relevant threshold for the year, the appropriate percentage for the year is whichever is the lesser of—

(a)the threshold percentage increased by one percentage point for each 5 grams per kilometre driven by which the CO₂ emissions figure exceeds the relevant threshold for the year, and

(b)35%.

(5)The relevant threshold is 100 grams per kilometre driven.

(6)If the car's CO₂ emissions figure is not a multiple of 5, it is to be rounded down to the nearest multiple of 5 for the purposes of subsections (3) and (4)(a).

(7)This section is subject to—

(a)section 141 (diesel cars), and

(b)any regulations made by the Treasury under section 170(4) (power to reduce the appropriate percentage).”

(3)In section 170 (Treasury orders and regulations varying various amounts)—

(a)omit subsection (2A) (power to vary limit in section 139(3A)), and

(b)in subsection (3)—

(i)for “ “lower” substitute “ “ relevant ”,

(ii)for “the Table in section 139(4)” substitute “ section 139(5) ”, and

(iii)for “2006” substitute “ 2013 ”.

(4)In consequence of the amendments made by subsections (2) and (3), omit—

(a)in FA 2006, section 59,

(b)in FA 2009, in Schedule 28, paragraphs 6, 9 and 10(1), and

(c)in this Act, section 58(2) to (5).

(5)The amendments made by this section have effect for the tax year 2012-13 and subsequent tax years.

60Subsidised meals for employees: salary sacrifice etcU.K.

(1)Section 317 of ITEPA 2003 (exemption from income tax in respect of provision for employees by employer of free or subsidised meals) is amended as follows.

(2)In subsection (1), for “C” substitute “ D ”.

(3)After subsection (4) insert—

“(4A)Condition D is that the provision is not pursuant to—

(a)relevant salary sacrifice arrangements, or

(b)relevant flexible remuneration arrangements.”

(4)After subsection (5) insert—

“(5A)In this section—

• “relevant salary sacrifice arrangements” means arrangements (whenever made, whether before or after the employment began) under which the employee gives up the right to receive an amount of general earnings or specific employment income in return for the provision of free or subsidised meals;

• “relevant flexible remuneration arrangements” means arrangements (whenever made, whether before or after the employment began) under which the employee and employer agree that the employee is to be provided with free or subsidised meals rather than receive some other description of employment income.”

(5)The amendments made by this section have effect for the tax year 2011-12 and subsequent tax years.

Corporation taxU.K.

61Sale of lessors: election out of chargeU.K.

Schedule 18 contains provision amending Chapter 3 of Part 9 of CTA 2010 (and corresponding earlier provision) to introduce a system for electing out of the charge on a qualifying change.

62Accounting standards: loan relationships and derivative contractsU.K.

Schedule 19 contains provision conferring powers on the Treasury to make regulations about cases where, in consequence of a change in accounting standards in relation to loan relationships or derivative contracts, there is a change in the way in which a company is permitted or required for accounting purposes to recognise amounts.

MiscellaneousU.K.

63Champions League finalU.K.

Schedule 20 contains provision exempting certain persons from income tax in respect of certain income arising in connection with the 2011 Champions League final.

64FSCS intervention in relation to insurance contractsU.K.

(1)The Treasury may by regulations make provision for and in connection with the application of the relevant taxes in relation to circumstances in which there is relevant intervention under the FSCS.

(2)“Relevant intervention” means—

(a)anything done under, or while seeking to make, arrangements for securing continuity of insurance in connection with protected contracts of insurance,

(b)anything done as part of measures for safeguarding policyholders in connection with protected contracts of insurance, or

(c)the payment of compensation in connection with protected contracts of insurance.

(3)In this section—

• “the FSCS” means the Financial Services Compensation Scheme (established under Part 15 of FISMA 2000);

• “protected contracts of insurance” has the same meaning as in the [F9PRA Handbook made by the Prudential Regulation Authority] under that Act as it has effect from time to time.

(4)The provision that may be made by regulations under this section includes provision imposing any of the relevant taxes (as well as provisions for exemptions or reliefs).

(5)The relevant taxes are—

(a)income tax,

(b)capital gains tax,

(c)corporation tax,

(d)inheritance tax,

(e)stamp duty land tax,

(f)stamp duty,

(g)stamp duty reserve tax, and

(h)insurance premium tax.

(6)Regulations under this section may include provision having effect in relation to any time before they are made if the provision does not increase any person's liability to tax.

(7)The provision made by regulations under this section may be framed as provision modifying, or applying with appropriate modifications, provisions having effect in relation to protected contracts of insurance.

(8)Regulations under this section may, in particular—

(a)amend, repeal or revoke or otherwise modify any enactment or instrument (whenever passed or made),

(b)make different provision for different cases or otherwise for different purposes, and

(c)make incidental, consequential, supplementary or transitional provision.

(9)Regulations under this section are to be made by statutory instrument.

(10)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.

65Stamp duty and SDRT: clearing housesU.K.

(1)In sections 116(1)(b) and 117(1)(b) of FA 1991 (investment exchanges and clearing houses: stamp duty and SDRT), for the words after “description) of such an exchange” substitute “ or clearing house, or a nominee (or nominee of a prescribed description) of a member of such an exchange or clearing house, and ”.

(2)The amendments made by subsection (1) are treated as always having had effect.

66Alcoholic liquor duties: power to amend definition of “cider”U.K.

In section 1 of ALDA 1979 (dutiable alcoholic liquors), after subsection (6) insert—

“(6A)The Treasury may by order made by statutory instrument amend subsection (6) above.

(6B)An order under subsection (6A) above may make—

(a)consequential amendments in this Act or any other enactment,

(b)other consequential provision, and

(c)supplementary, incidental and transitional provision.

(6C)A statutory instrument containing an order under subsection (6A) above is to be laid before the House of Commons after being made; and, unless it is approved by that House before the end of the period of 28 days beginning with the date on which it is made, ceases to have effect at the end of that period (but without that affecting anything previously done under it or the making of a new order).

(6D)In reckoning that period no account is to be taken of any time—

(a)during which Parliament is dissolved or prorogued, or

(b)during which the House of Commons is adjourned for more than 4 days.”

67Climate change levy: compatible state aidU.K.

In paragraph 42 of Schedule 6 to FA 2000 (amount payable by way of levy), after sub-paragraph (2) insert—

“(3)If a reduced-rate supply is part of an aid scheme within Article 25 of Commission Regulation (EC) No. 800/2008, sub-paragraph (4) cites the title and publication reference of that Regulation for the purpose of complying with Article 3(1) of that Regulation.

(4)That citation is Commission Regulation (EC) No. 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (O.J. 2008 No. L214/3) (with the reference to Articles 87 and 88 being read, as a result of the Treaty of Lisbon, as a reference to Articles 107 and 108 of the Treaty on the Functioning of the European Union).”

68Pensions: minor correctionsU.K.

(1)Section 280(2) of FA 2004 (Part 4: index) is amended as follows.

(2)After the definition of “active membership period (in sections 221 to 223)” insert—

(3)In the definition of “basic rate limit”, for “20(2)” substitute “ 10 ”.

(4)After the entry relating to “higher rate” insert—

(5)The amendments made by subsections (2) and (4) have effect for the tax year 2010-11 and subsequent tax years.

(6)The amendment made by subsection (3) has effect for the tax year 2008-09 and subsequent tax years.

Final provisionsU.K.

69InterpretationU.K.

(1)In this Act—

• “ALDA 1979” means the Alcoholic Liquor Duties Act 1979;

• “BGDA 1981” means the Betting and Gaming Duties Act 1981;

• “CAA 2001” means the Capital Allowances Act 2001;

• “CTA 2009” means the Corporation Tax Act 2009;

• “CTA 2010” means the Corporation Tax Act 2010;

• “FISMA 2000” means the Financial Services and Markets Act 2000;

• “HODA 1979” means the Hydrocarbon Oil Duties Act 1979;

• “ICTA” means the Income and Corporation Taxes Act 1988;

• “IHTA 1984” means the Inheritance Tax Act 1984;

• “ITA 2007” means the Income Tax Act 2007;

• “ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003;

• “ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005;

• “TCGA 1992” means the Taxation of Chargeable Gains Act 1992;

• “TIOPA 2010” means the Taxation (International and Other Provisions) Act 2010;

• “TMA 1970” means the Taxes Management Act 1970;

• “TPDA 1979” means the Tobacco Products Duty Act 1979;

• “VATA 1994” means the Value Added Tax Act 1994;

• “VERA 1994” means the Vehicle Excise and Registration Act 1994.

(2)In this Act—

• “FA”, followed by a year, means the Finance Act of that year;

• “F(No.2)A”, followed by a year, means the Finance (No.2) Act of that year.

70Short titleU.K.

This Act may be cited as the Finance Act 2010.