Finance (No. 2) Act 1992

1992 c. 48

An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.

Enacted[16th July 1992]

^I1Most Gracious Sovereign, WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—^C1

Part I Customs and Excise, Value Added Tax and Car Tax¶

Chapter I Customs and Excise¶

Abolition of fiscal frontiers etc.¶

^I2^C31 Powers to fix excise duty point.¶

1 Subject to the following provisions of this section, the Commissioners may by regulations make provision, in relation to any duties of excise on goods, for fixing the time when the requirement to pay any duty with which goods become chargeable is to take effect (“the excise duty point”).

2 Where regulations under this section fix an excise duty point for any goods, the rate of duty for the time being in force at that point shall be the rate used for determining the amount of duty to be paid in pursuance of the requirement that takes effect at that point.

3 Regulations under this section may provide for the excise duty point for any goods to be such of the following times as may be prescribed in relation to the circumstances of the case, that is to say—

a the time when the goods become chargeable with the duty in question;

b the time when there is a contravention of any prescribed requirements relating to any suspension arrangements applying to the goods;

c the time when the duty on the goods ceases, in the prescribed manner, to be suspended in accordance with any such arrangements;

d the time when there is a contravention of any prescribed condition subject to which any relief has been conferred in relation to the goods;

e such time after the time which, in accordance with regulations made by virtue of any of the preceding paragraphs, would otherwise be the excise duty point for those goods as may be prescribed;

and regulations made by virtue of any of paragraphs (b) to (e) above may define a time by reference to whether or not at that time the Commissioners have been satisfied as to any matter.

4 Where regulations under this section prescribe an excise duty point for any goods, such regulations may also make provision—

a specifying the person or persons on whom the liability to pay duty on the goods is to fall at the excise duty point (being the person or persons having the prescribed connection with the goods at that point or at such other time, falling no earlier than when the goods become chargeable with the duty, as may be prescribed); and

b where more than one person is to be liable to pay the duty, specifying whether the liability is to be both joint and several.

5 Schedule 1 to this Act (which contains minor and consequential amendments and savings for purposes connected with the other provision made by this section) shall have effect.

6 The power of the Commissioners to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—

a to make different provision for different cases, including different provision for different duties and different goods; and

b to make such incidental, supplemental, consequential and transitional provision as the Commissioners think necessary or expedient.

7 In this section—

“the Commissioners” means the Commissioners of Customs and Excise;
“contravention” includes a failure to comply;
“customs and excise Acts” and “goods” have the same meanings as in the ^M1Customs and Excise Management Act 1979; and
“prescribed” means prescribed by regulations under this section;

and references in this section to suspension arrangements are references to any provision made by or under the customs and excise Acts for enabling goods to be held or moved without payment of duty or any provision made by or under those Acts in connection with any provision enabling goods to be so held or moved.

^P18 This section and Schedule 1 to this Act shall come into force on such day as the Commissioners may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different provisions and for different purposes.

^I32 Power to provide for drawback of excise duty.¶

1 Subject to the following provisions of this section, the Commissioners may, in relation to any duties of excise, by regulations make provision (a) conferring an entitlement to drawback of duty in prescribed cases where the Commissioners are satisfied that goods chargeable with duty have not been, and will not be, consumed in the United Kingdom ; and.

b conferring an entitlement to drawback of duty, in prescribed cases, on the shipment as stores, or warehousing in an excise warehouse for use as stores, of goods chargeable with duty

2 The power of the Commissioners to make regulations under this section shall include power—

a to provide for, or for the imposition of, the conditions to which an entitlement to drawback under the regulations is to be subject;

b to provide for the determination of the person on whom any such entitlement is conferred;

c to make different provision for different cases, including different provision for different duties and different goods; and

d to make such incidental, supplemental, consequential and transitional provision as the Commissioners think necessary or expedient.

3 Without prejudice to the generality of subsection (2)(d) above, the power of the Commissioners to make regulations under this section shall include power, in relation to any drawback of duty to which any person is entitled by virtue of regulations under this section, to provide—

a for entitlement to the drawback to be cancelled at any time after it has been conferred if there is a contravention of any conditions to which it is subject or in such other circumstances as may be prescribed; and

b for such persons as may be prescribed to be liable to the Commissioners for sums paid or credited to any person in respect of any drawback that has been cancelled in accordance with any such regulations.

3A If entitlement to drawback is cancelled under any provision contained in regulations by virtue of subsection (3) above the Commissioners—

a may assess as being excise duty due from the prescribed person an amount equal to sums paid or credited to any person in respect of the drawback, and

b may notify the prescribed person or his representative accordingly.

3B The reference in subsection (3A) above to the prescribed person is to such person as may be prescribed for the purposes of the subsection by regulations under this section.

4 The power of the Commissioners to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

5 In this section—

“the Commissioners” means the Commissioners of Customs and Excise;
“contravention” includes a failure to comply;
“excise warehouse”, “goods”, “shipment”, “stores” and “warehousing” have the same meaningsas in the ^M2Customs and Excise Management Act 1979; and
“prescribed” means prescribed by regulations under this section.

^P26 This section shall come into force on such day as the Commissioners may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different provisions and for different purposes.

^I43 Protection of revenues derived from excise duties.¶

1 Schedule 2 to this Act (which makes additional provision for purposes connected with the protection of the revenues derived from excise duties) shall have effect.

^P32 This section and Schedule 2 to this Act shall come into force on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different provisions and for different purposes.

^C24 Enforcement powers.¶

1 Except in a case falling within subsection (1A) or (2) below, the powers to which this section applies shall not be exercisable in relation to any person or thing entering or leaving Northern Ireland so as to prevent, restrict or delay the movement of that person or thing between Northern Ireland and a member State or between member States.

1A The first case in which a power to which this section applies may be exercised as mentioned in subsection (1) above is where it is necessary to exercise the power in order to ascertain whether the movement in question is or is not in fact between Northern Ireland and a member State or between member States.

2 The second case in which a power to which this section applies may be exercised as mentioned in subsection (1) above is where it is necessary to exercise the power for purposes connected with—

a securing the collection of any ^F142... customs duty or giving effect to any Union customs legislation (within the meaning of Part 1 of the Taxation (Cross-border Trade) Act 2018) relating to any such duty;

b the enforcement of any prohibition or restriction for the time being in force by virtue of any provision of Union customs legislation with respect to the movement of goods into or out of the member States; ^F114...

c the enforcement of any prohibition or restriction for the time being in force by virtue of any enactment with respect to the importation or exportation of goods into or out of the United Kingdom; or

d searching for cash that is recoverable property or intended for use in unlawful conduct

3 Subject to subsection (4) below, this section applies to any power which is conferred on the Commissioners of Customs and Excise or any officer or constable under any of the following provisions of the ^M3Customs and Excise Management Act 1979, that is to say—

a section 21 (control of movement of aircraft into and out of the United Kingdom);

b section 26 (power to regulate movement by land into and out of Northern Ireland);

c section 27 (officers’ powers of boarding);

d section 28 (officers’ powers of access);

e section 29 (officers’ powers to detain ships);

f section 34 (power to prevent flight of aircraft);

g section 78 (questions as to baggage of person entering or leaving the United Kingdom);

ga section 157A (general information powers in relation to persons entering or leaving the United Kingdom)

h section 164 (powers of search).

4 The Treasury may by order made by statutory instrument add any power conferred by any enactment contained in the customs and excise Acts to the powers to which this section applies; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5 In this section—

“cash” has the meaning given by section 289(6) and (7) of the Proceeds of Crime Act 2002;
^F141...^F118
“the customs and excise Acts” and “goods” have the same meanings as in the ^M4Customs and Excise Management Act 1979;
“recoverable property” has the same meaning as in section 316(1) of the Proceeds of Crime Act 2002; and
“unlawful conduct” has the same meaning as in section 241 of that Act;

and for the purposes of this section a power shall be taken to be exercised otherwise than in relation to a person or thing entering or leaving the United Kingdom in any case where the power is exercisable irrespective of whether the person or thing in question is entering or leaving the United Kingdom.

6 This section shall come into force on 1st January 1993.

5 Controls of persons entering the United Kingdom.¶

1 In section 78 of the Customs and Excise Management Act 1979 (controls of persons entering or leaving the United Kingdom), after subsection (2) there shall be inserted the following subsection —

2 This section shall come into force on 1st January 1993.

Other provisions¶

6 Abolition of duties on matches and mechanical lighters.¶

1 The ^M5Matches and Mechanical Lighters Duties Act 1979 shall cease to have effect.

2 This section shall come into force on 1st January 1993.

^F1447 Bingo duty: increased exemption etc.¶

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

8 Tobacco products duty: retail price of cigarettes.¶

In section 5 of the ^M6Tobacco Products Duty Act 1979—

a in paragraph (b) of subsection (1) (determination of retail price of cigarettes by reference to price recommended by a manufacturer or importer), for “price recommended by the importer or manufacturer" and “price so recommended" there shall be substituted “ recommended price ”; and

b after that subsection there shall be inserted the following subsection—

9 Amendments relating to new beer duty regime.¶

1 Schedule 2 to the ^M7Finance Act 1991 (amendments relating to beer duty) shall be amended as follows.

2 Immediately before paragraph 22 there shall be inserted—

3 Immediately before paragraph 23 there shall be inserted—

10 Search of aircraft.¶

1 The ^M8Customs and Excise Management Act 1979 shall be amended as follows.

2 In section 27(1) (officers’ powers of boarding and searching aircraft at a customs and excise airport, etc.) for the words “a customs and excise airport" there shall be substituted “ an aerodrome ”.

3 In section 28(1) (officers’ powers of access to aircraft at customs and excise airport, etc.) for the words “customs and excise airport" there shall be substituted “ aerodrome ”.

4 In section 163 (power to stop and search vehicles or vessels) the following subsection shall be inserted at the end—

11 Vehicles excise duty: goods vehicles.¶

^F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F410 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F411 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F713 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Chapter II Value Added Tax¶

^I514 Abolition of fiscal frontiers etc.¶

^F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Schedule 3 to this Act shall have effect for the purposes—

a of amending the ^M9Value Added Tax Act 1983, Chapter II of Part I of the ^M10Finance Act 1985 and certain other enactments in connection with the provision made by subsection (1) above; and

b of giving effect, in relation to—

i value added tax charged on the supply of goods and services; and

ii value added tax charged on the importation of goods from places outside the member States,

to requirements of the directive of the Council of the European Communities dated 17th May 1977 No. 77/388/EEC and the amendments of that directive by the directive of that Council dated 16th December 1991 No. 91/680/EEC (amendments with a view to the abolition of fiscal frontiers).

^F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Chapter III Car Tax¶

18 Abolition of fiscal frontiers.¶

1 The ^M11Car Tax Act 1983 shall be amended in accordance with Schedule 4 to this Act (amendments in connection with the abolition of fiscal frontiers between the member States).

^P42 This section and Schedule 4 to this Act shall come into force on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions and for different purposes.

Part II Income Tax, Corporation Tax and Capital Gains Tax¶

Chapter I General¶

Lower rate¶

19 Lower rate: further provisions.¶

1 In section 7(4) of the ^M12Taxes Management Act 1970 for “basic rate" there shall be substituted “ the basic rate or the lower rate ”.

2 In each of the provisions to which this subsection applies, after “basic rate" there shall be inserted “ or the lower rate ”; and this subsection applies to section 91(3)(c) of the Taxes Management Act 1970 and to sections ^F78... 599A(7) of the Taxes Act 1988.

^F853 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F796 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 This section shall apply for the year 1992-93 and subsequent years of assessment.

Married couple’s allowance etc.¶

20 Married couple’s allowance etc.¶

Schedule 5 to this Act (which makes provision in relation to the married couple’s allowance) shall have effect.

Corporation tax charge and rate¶

21 Charge and rate of corporation tax for 1992.¶

Corporation tax shall be charged for the financial year 1992 at the rate of 33 per cent.

^F12222 Small companies.¶

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

Capital gains tax¶

^F1523 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Groups etc.¶

24 Amendments relating to group relief etc.¶

Schedule 6 to this Act (which contains amendments relating to group relief etc.) shall have effect.

25 Companies ceasing to be members of groups.¶

^F161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Subject to the repeals made by the ^M13Taxation of Chargeable Gains Act 1992, in relation to a company which ceases to be a member of a group of companies on or after 15th November 1991 section 278 of the ^M14Income and Corporation Taxes Act 1970 (deemed sale etc. where company ceases to be member of a group) shall have effect, and be deemed to have had effect, with the substitution in subsection (1) of the words “ in consequence of another member of the group ceasing to exist ” for the words from “by being wound up" to the end of the subsection.

Charities etc.¶

^F1726 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1827 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

28 Powers of inspection.¶

^F1001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 In the Table in section 98 of the ^M15Taxes Management Act 1970 (penalties for failure to produce documents etc.) at the end of the second column there shall be inserted—

5 Section 94 of the ^M16Finance Act 1990 (donations to charity: inspection powers) shall cease to have effect.

6 This section shall apply in relation to claims made after the day on which this Act is passed.

Interest, dividends and distributions¶

29 Returns of interest.¶

1 In section 17 of the ^M17Taxes Management Act 1970 (returns of interest) in subsection (4) (interest not required to be included in return if declaration that person beneficially entitled to interest not ordinarily resident in UK) the words from “and if a person" to the end of the subsection shall cease to have effect and after that subsection there shall be inserted the following subsections—

4A If a person to whom any interest is paid or credited in respect of any money received or retained in the United Kingdom by notice in writing served on the person paying or crediting the interest—

a has declared that the person beneficially entitled to the interest is a company not resident in the United Kingdom, and

b has requested that the interest shall not be included in any return under this section,

the person paying or crediting the interest shall not be required to include the interest in any such return.

4B Subsection (4C) below shall apply where—

a as a result of a declaration made under section 481(5)(k) of the principal Act and the operation of section 482(5) of that Act in relation to that declaration, there is no obligation under section 480A(1) of that Act to deduct a sum representing income tax out of any interest paid or credited in respect of any money received or retained in the United Kingdom, and

b the person who makes the declaration referred to in paragraph (a) above, by notice in writing served on the person paying or crediting the interest, requests that the interest shall not be included in any return under this section.

4C Where this subsection applies, the person paying or crediting the interest shall not be required to include the interest in any return under this section.

2 This section shall apply to interest paid or credited after the day on which this Act is passed.

^F1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F12331 Equity notes.¶

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

32 Information relating to distributions.¶

^F1241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In section 234 of that Act—

^F125a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b subsections (3) and (4) shall be omitted.

^F1263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 This section shall apply in relation to distributions begun after the day on which this Act is passed.

Securities and deposits¶

^F2033 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

34 Rights in pursuance of deposits.¶

Schedule 8 to this Act (which contains provisions about arrangements relating to rights in pursuance of deposits) shall have effect.

35 Exchange of securities.¶

^F211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Subject to the repeals made by the Taxation of Chargeable Gains Act 1992, in relation to exchanges made on or after 1st January 1992 section 85 of the ^M18Capital Gains Tax Act 1979 (exchange of securities for those in another company) shall have effect, and be deemed to have had effect, with the insertion after subsection (1)(b) of

Employee shares¶

36 Employee share ownership trusts.¶

1 In section 69 of the ^M19Finance Act 1989 (chargeable events as regards employee share ownership trusts) the following shall be inserted after subsection (3)—

2 This section applies in relation to exchanges made on or after 1st January 1992.

^F7537 Employee share schemes: special benefits.¶

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

Business expansion scheme¶

^F2238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2440 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F8340A Revenue nature of expenditure on master versions of films¶

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

^F8340B Allocation of expenditure to periods¶

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

^F8340C Cases where section 40B does not apply¶

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

^F8340D Election for sections 40A and 40B not to apply¶

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

Films¶

^F8341 Relief for preliminary expenditure.¶

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

^F8342 Relief for production or acquisition expenditure.¶

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

^F8343 Interpretation of sections 41 and 42.¶

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

Transfers of trade¶

44 Transfer of a UK trade: amendment of 1992 Act.¶

The ^M20Taxation of Chargeable Gains Act 1992 shall have effect, and be deemed always to have had effect, with the insertion of the following after section 140—

Transfers concerning companies of different member States

140A Transfer of a UK trade.

1 This section applies where—

a a qualifying company resident in one member State (company A)transfers the whole or part of a trade carried on by it in the United Kingdom to a qualifying company resident in another member State (company B),

b the transfer is wholly in exchange for securities issued by company B to company A,

c a claim is made under this section by company A and company B,

d section 140B does not prevent this section applying, and

e the appropriate condition is met in relation to company B immediately after the time of the transfer.

2 Where immediately after the time of the transfer company B is not resident in the United Kingdom, the appropriate condition is that were it to dispose of the assets included in the transfer any chargeable gains accruing to it on the disposal would form part of its chargeable profits for corporation tax purposes by virtue of section 10(3).

3 Where immediately after the time of the transfer company B is resident in the United Kingdom, the appropriate condition is that none of the assets included in the transfer is one in respect of which, by virtue of the asset being of a description specified in double taxation relief arrangements, the company falls to be regarded for the purposes of the arrangements as not liable in the United Kingdom to tax on gains accruing to it on a disposal.

4 Where this section applies—

a the two companies shall be treated, so far as relates to corporation tax on chargeable gains, as if any assets included in the transfer were acquired by company B from company A for a consideration of such amount as would secure that on the disposal by way of transfer neither a gain nor a loss would accrue to company A;

b section 25(3) shall not apply to any such assets by reason of the transfer (if it would apply apart from this paragraph).

5 For the purposes of subsection (1)(a) above, a company shall be regarded as resident in a member State if it is within a charge to tax under the law of the State because it is regarded as resident for the purposes of the charge.

6 For the purposes of subsection (5) above, a company shall be treated as not within a charge to tax under the law of a member State if it falls to be regarded for the purposes of any double taxation relief arrangements to which the State is a party as resident in a territory which is not within any of the member States.

7 In this section—

“qualifying company” means a body incorporated under the law of a member State;
“securities” includes shares.

140B Section 140A: anti-avoidance.

1 Section 140A shall not apply unless the transfer of the trade or part is effected for bona fide commercial reasons and does not form part of a scheme or arrangements of which the main purpose, or one of the main purposes, is avoidance of liability to income tax, corporation tax or capital gains tax.

2 Subsection (1) above shall not apply where, before the transfer, the Board have on the application of company A and company B notified those companies that the Board are satisfied that the transfer will be effected for bona fide commercial reasons and will not form part of any such scheme or arrangements as are mentioned in that subsection.

3 Subsections (2) to (5) of section 138 shall have effect in relation to subsection (2) above as they have effect in relation to subsection (1) of that section.

45 Transfer of a non-UK trade: amendment of 1992 Act.¶

The ^M21Taxation of Chargeable Gains Act 1992 shall have effect, and be deemed always to have had effect, with the insertion of the following sections after section 140B—

140C Transfer of a non-UK trade.

1 This section applies where—

a a qualifying company resident in the United Kingdom (company A)transfers to a qualifying company resident in another member State (company B) the whole or part of a trade which, immediately before the time of the transfer, company A carried on in a member State other than the United Kingdom through a branch or agency,

b the transfer includes the whole of the assets of company A used for the purposes of the trade or part (or the whole of those assets other than cash),

c the transfer is wholly or partly in exchange for securities issued by company B to company A,

d the aggregate of the chargeable gains accruing to company A on the transfer exceeds the aggregate of the allowable losses so accruing,

e a claim is made under this section by company A, and

f section 140D does not prevent this section applying.

2 In a case where this section applies, this Act shall have effect in accordance with subsection (3) below.

3 The allowable losses accruing to company A on the transfer shall be set off against the chargeable gains so accruing and the transfer shall be treated as giving rise to a single chargeable gain equal to the aggregate of those gains after deducting the aggregate of those losses.

4 No claim may be made under this section as regards a transfer in relation to which a claim is made under section 140.

5 In a case where this section applies, section 815A of the Taxes Act shall also apply.

6 For the purposes of subsection (1)(a) above—

a a company shall not be regarded as resident in the United Kingdom if it falls to be regarded for the purposes of any double taxation relief arrangements to which the United Kingdom is a party as resident in a territory which is not within any of the member States;

b a company shall be regarded as resident in another member State if it is within a charge to tax under the law of the State because it is regarded as resident for the purposes of the charge.

7 For the purposes of subsection (6)(b) above, a company shall be treated as not within a charge to tax under the law of a member State if it falls to be regarded for the purposes of any double taxation relief arrangements to which the State is a party as resident in a territory which is not within any of the member States.

8 Section 442(3) of the Taxes Act (overseas business of UK insurance companies) shall be ignored in arriving at the chargeable gains accruing to company A on the transfer, and the allowable losses so accruing, for the purposes of subsections (1)(d) and (3) above.

9 In this section—

“qualifying company” means a body incorporated under the law of a member State;
“securities” includes shares.

140D Section 140C: anti-avoidance.

1 Section 140C shall not apply unless the transfer of the trade or part is effected for bona fide commercial reasons and does not form part of a scheme or arrangements of which the main purpose, or one of the main purposes, is avoidance of liability to income tax, corporation tax or capital gains tax.

2 Subsection (1) above shall not apply where, before the transfer, the Board have on the application of company A notified that company that the Board are satisfied that the transfer will be effected for bona fide commercial reasons and will not form part of any such scheme or arrangements as are mentioned in that subsection.

3 Subsections (2) to (5) of section 138 shall have effect in relation to subsection (2) above as they have effect in relation to subsection (1) of that section.

46 Transfer of a trade: supplementary (1).¶

1 The ^M22Taxation of Chargeable Gains Act 1992 shall have effect, and be deemed always to have had effect, with the following amendments.

^F932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In section 116(11) (qualifying corporate bonds) after “139," there shall be inserted “ 140A, ”.

4 In section 140 (transfer of assets to non-resident company) the following subsection shall be inserted after subsection (6)—

5 In section 174 (disposal or acquisition outside a group)—

a in subsection (2) after the word “section" (in the first place where it occurs) there shall be inserted “ 140A, ”;

b in subsection (3) after “section" there shall be inserted “ 140A, ”.

6 In section 177(2) (dividend stripping) after “which section" there shall be inserted “ 140A, ”.

7 In section 184(2) (indexation)—

a after the word “section" (in the first place where it occurs) there shall be inserted “ 140A, ”;

b for “either" there shall be substituted “ one ”.

^F13347 Transfer of a UK trade: amendment of 1970 Act.¶

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

^F13348 Transfer of a non-UK trade: amendment of 1970 Act.¶

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

^F13349 Transfer of a trade: supplementary (2).¶

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

Double taxation relief¶

^F12750 Transfer of a non-UK trade.¶

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

51 The Arbitration Convention.¶

^F1281 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 The following section shall be inserted after section 182 of the ^M23Finance Act 1989 (disclosure of information)—

182A Double taxation: disclosure of information.

1 A person who discloses any information acquired by him in the exercise of his functions as a member of an advisory commission set up under the Arbitration Convention is guilty of an offence.

2 Subsection (1) above does not apply to any disclosure of information—

a with the consent of the person who supplied the information to the commission, or

b which has been lawfully made available to the public before the disclosure is made.

3 It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he believed that the information in question had been lawfully made available to the public before the disclosure was made and had no reasonable cause to believe otherwise.

4 A person guilty of an offence under this section is liable—

a on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

b on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

5 No prosecution for an offence under this section shall be instituted in England and Wales or in Northern Ireland except—

a by the Board, or

b by or with the consent of the Director of Public Prosecutions or, in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

6 In this section—

“the Arbitration Convention” has the meaning given by section 815B(4) of the Taxes Act 1988;
“the Board” means the Commissioners of Inland Revenue.

^F12952 Interest.¶

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

Miscellaneous¶

53 Car fuel: cash equivalents.¶

1 Section 158 of the Taxes Act 1988 (car fuel) shall be amended as follows.

2 For subsection (2) (cash equivalents) there shall be substituted—

2 Subject to the provisions of this section, the cash equivalent of that benefit shall be ascertained from—

a Table A below where the car has an internal combustion engine with one or more reciprocating pistons and is not a diesel car;

b Table AB below where the car has an internal combustion engine with one or more reciprocating pistons and is a diesel car;

c Table B below where the car does not have an internal combustion engine with one or more reciprocating pistons.

TABLE A

Cylinder capacity of car in cubic centimetres	Cash equivalent
1,400 or less	£500
More than 1,400 but not more than 2,000	£630
More than 2,000	£940

TABLE AB

Cylinder capacity of car in cubic centimetres	Cash equivalent
2,000 or less	£460
More than 2,000	£590

TABLE B

Original market value of car	Cash equivalent
Less than £6,000	£500
£6,000 or more but less than £8,500	£630
£8,500 or more	£940

2A For the purposes of subsection (2) above a diesel car is a car which uses heavy oil as fuel; and “heavy oil” here means heavy oil as defined by section 1(4) of the Hydrocarbon Oil Duties Act 1979.

2B For the purposes of Tables A and AB in subsection (2) above a car’s cylinder capacity is the capacity of its engine calculated as for the purposes of the Vehicles (Excise) Act 1971.

3 In subsection (4) (Treasury orders) for “either" there shall be substituted “ any ”.

4 This section shall have effect for the year 1992-93 and subsequent years of assessment.

^F7654 Foreign earnings.¶

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

^F13055 Oil extraction activities: extended transportation.¶

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

56 Friendly societies.¶

Schedule 9 to this Act (which makes provision in relation to friendly societies) shall have effect.

^F2557 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2658 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F8059 Furnished accommodation.¶

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

^F8160 Deduction on account of certain payments.¶

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

^F8661 Qualifying maintenance payments: extension to member States.¶

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

^F8762 Qualifying maintenance payments: maintenance assessments etc.¶

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

^F13563 Paying and collecting agents etc.¶

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

^F8864 Reduced and composite rate.¶

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

^F9065 Life assurance business: I minus E basis.¶

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

^F13166 Banks etc. in compulsory liquidation.¶

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

Chapter II Capital allowances¶

^F2767 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3070 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Part III Miscellaneous and General¶

Inheritance tax¶

72 Increase of rate bands.¶

1 For the Table in Schedule 1 to the ^M24Inheritance Tax Act 1984 there shall be substituted—

2 Subsection (1) above shall apply to any chargeable transfer made on or after 10th March 1992, and section 8(1) of the Inheritance Tax Act 1984 (indexation of rate bands) shall not apply to chargeable transfers made in the year beginning 6th April 1992.

73 Business and agricultural property relief.¶

Schedule 14 to this Act (which makes provision in relation to relief in respect of business property and agricultural property) shall have effect.

Petroleum revenue tax¶

74 Oil exported direct from United Kingdom off-shore fields.¶

1 The enactments specified in Schedule 15 to this Act (being enactments relating to oil taxation) shall have effect subject to the amendments in that Schedule, being amendments—

a which take account, for the purpose of determining assessable profits and allowable losses, of certain cases where oil which is won from an off-shore oil field is, or could reasonably be expected to be, first landed in a country other than the United Kingdom; or

b which are consequential upon, or incidental to, the amendments referred to in paragraph (a) above.

2 For the purposes of subsection (1)(a) above an oil field is an off-shore oil field if the whole of it is situated outside the geographical area of the United Kingdom (as determined under section 108 of the ^M25Finance Act 1986 - the on-shore/off-shore boundary).

3 In the amendments in Schedule 15 to this Act, any reference to a country other than the United Kingdom shall be treated as a reference to the geographical area of that country exclusive of any land (or waters) to the seaward side of the high-water line along the coast of that country, including the coast of all islands comprised in that country.

4 For the purpose of subsection (3) above, section 108(5) of the ^M26Finance Act 1986 (which provides a means of determining the high-water line at any place in the United Kingdom) shall, with any necessary modifications, apply to determine the high-water line at any place in a country other than the United Kingdom.

5 Except in so far as they have effect in relation to corporation tax or income tax, the amendments in Schedule 15 to this Act take effect as follows—

a in so far as they relate to expenditure incurred, they take effect for claim periods ending after 27th November 1991; and

b in so far as they relate to any other matter, they take effect for chargeable periods ending after 30th June 1992.

6 This section shall be construed as one with Part I of the ^M27Oil Taxation Act 1975.

^F98...¶

^F10175 Change of name.¶

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

^F10276 Miscellaneous.¶

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

Miscellaneous¶

77 Northern Ireland Electricity.¶

Schedule 17 to this Act (which makes provision in relation to the transfer of the undertaking of Northern Ireland Electricity) shall have effect.

^F3278 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3379 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

80 Publication of rates of interest.¶

1 Section 5(8) of the ^M28National Loans Act 1968 (which requires the Treasury to publish certain rates of interest in the London and Edinburgh Gazettes) shall cease to have effect.

2 This section shall have effect in relation to rates of interest determined after the day on which this Act is passed.

General¶

81 Interpretation.¶

In this Act “the Taxes Act 1988” means the ^M29Income and Corporation Taxes Act 1988.

82 Repeals.¶

The enactments specified in Schedule 18 to this Act (which include provisions which are already spent) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision of that Schedule.

83 Short title.¶

This Act may be cited as the Finance (No. 2) Act 1992.

SCHEDULES

^I16SCHEDULE 1 ¶

Amendments relating to excise duties etc.

Section 1.

The Customs and Excise Management Act 1979 (c. 2)¶

^I61In section 1(1) of the Customs and Excise Management Act 1979 (interpretation), after the definition of “examination station" there shall be inserted the following definition—

^I72In section 43 of that Act (duty on imported goods)—

a in subsection (2), for “and (2C)" there shall be substituted “ (2C) and (2D) ”; and

b after subsection (2C) there shall be inserted the following subsection—

^I83In section 94 of that Act (deficiency in warehoused goods), after subsection (5) there shall be inserted the following subsection—

^I94In section 95(1) of that Act (application of section 94 to deficiencies in goods removed from warehouses), after “subsection (2) below" there shall be inserted “ and to any such regulations as are mentioned in subsection (6) of that section ”.

^I105In section 96 of that Act (deficiency in certain goods moved by pipeline), after subsection (5) there shall be inserted the following subsection—

^I116

1 Subject to sub-paragraph (2) below, section 100H(1) of that Act (liability to duty under REDS regulations) shall have effect—

a with the omission of paragraph (f);

b with the substitution in paragraph (g) for the words from “for the payment" to “liable" of the words “ on goods which have been or may be the subject of a transaction involving a registered excise dealer and shipper ”; and

c with the substitution of the following paragraph for paragraph (h), that is to say—

2 Where apart from this sub-paragraph any provisions contained in regulations made by virtue of paragraph (f) or (h) of section 100H(1) of that Act would cease to have effect by virtue of sub-paragraph (1) above, those provisions shall continue in force, notwithstanding that sub-paragraph, as if contained in regulations made under section 1 of this Act and, accordingly, may be revoked, amended or re-enacted by regulations under that section.

^I127In section 127A(1) of that Act (power to provide for deferred payment of excise duty), after “payment" there shall be inserted “ (in accordance, where any requirement to pay the duty takes effect, with that requirement) ”.

The Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)¶

^I138

1 In subsection (3) of section 13 of the Customs and Excise Duties (General Reliefs) Act 1979 (power to provide for reliefs in respect of duty and VAT subject to conditions)—

a in paragraph (a), after “applies" there shall be inserted “ and conditions with respect to the conduct in relation to the goods of persons other than the person on whom the relief is conferred and of persons whose identity cannot be ascertained at the time of importation ”; and

b in paragraph (b), after “including" there shall be inserted “ provisions requiring any person to whom a condition of the relief at any time relates to notify the Commissioners of any non-compliance with the condition and ”.

2 After that subsection there shall be inserted the following subsections—

3A An order under this section may provide, in relation to any relief which under such an order is made subject to a condition, for there to be a presumption that, in such cases as may be described in the order by reference—

a to the quantity of goods in question; or

b to any other factor which the Commissioners consider appropriate,

the condition is to be treated, unless the Commissioners are satisfied to the contrary, as not being complied with.

3B An order under this section may provide, in relation to any requirement of such an order for the Commissioners to be notified of non-compliance with a condition to which any relief from payment of any duty of excise is made subject, for goods to be exempt from forfeiture under section 124 of the Customs and Excise Management Act 1979 (forfeiture for breach of certain conditions) in respect of non-compliance with that condition if—

a the non-compliance is notified to the Commissioners in accordance with that requirement;

b any duty which becomes payable on those goods by virtue of the non-compliance is paid; and

c the circumstances are otherwise such as may be described in the order.

3C If any person fails to comply with any requirement of an order under this section to notify the Commissioners of any non-compliance with a condition to which any relief is made subject-

a he shall be liable, on summary conviction, to a penalty of an amount not exceeding level 5 on the standard scale; and

b the goods in respect of which the offence was committed shall be liable to forfeiture.

3 In subsection (4) of that section (definitions), after the definition of “Community relief" there shall be inserted the following definition—

The Alcoholic Liquor Duties Act 1979 (c. 4)¶

9In section 36(2) of the Alcoholic Liquor Duties Act 1979 (charge of duty on beer), at the end there shall be inserted “ and with any regulations under section 1 of the Finance (No. 2) Act 1992 ”.

1 Subject to sub-paragraph (2) below, paragraph (d) of section 41A(7) of that Act (power to impose liability for beer duty on prescribed persons) shall cease to have effect.

2 Where apart from this sub-paragraph any provisions contained in regulations made by virtue of paragraph (d) of section 41A(7) of that Act would cease to have effect by virtue of sub-paragraph (1) above, those provisions shall continue in force, notwithstanding that sub-paragraph, as if contained in regulations made under section 1 of this Act and, accordingly, may be revoked, amended or re-enacted by regulations under that section.

1 Subsection (1) of section 49 of that Act (regulations as to the duty on beer) shall have effect with the substitution of the following paragraph for paragraph (e) (power to prescribe matters with respect to charge for beer duty), that is to say—

2 Where apart from this sub-paragraph any provisions contained in regulations made by virtue of paragraph (e) of section 49(1) of that Act would cease to have effect by virtue of sub-paragraph (1) above, those provisions shall continue in force, notwithstanding that sub-paragraph, as if contained in regulations made under section 1 of this Act and, accordingly, may be revoked, amended or re-enacted by regulations under that section.

^I1412In section 54(1) of that Act (charge of duty on wine), at the end there shall be inserted “ and with any regulations under section 1 of the Finance (No. 2) Act 1992 ”.

^I1513In section 55(1) of that Act (charge of duty on made-wine), at the end there shall be inserted “ and with any regulations under section 1 of the Finance (No. 2) Act 1992 ”.

^I27SCHEDULE 2 ¶

Protection of revenues derived from excise duties

Section 3.

The Customs and Excise Management Act 1979 (c. 2)¶

^I171In section 1(1) of the Customs and Excise Management Act 1979 (interpretation)—

a in the definition of “occupier", for “means the" there shall be substituted “ includes any ”;

b in the definition of “warehoused" and cognate expressions, after “that section" there shall be inserted “ and any regulations made by virtue of section 93(2)(da)(i) or (ee) or (4) below ”.

^I182

1 In section 93 of that Act (regulation of warehouses and warehoused goods), for subsection (1) there shall be substituted the following subsection—

1 The Commissioners may by regulations under this section (referred to in this Act as “warehousing regulations”)—

a prohibit the deposit or keeping of goods in a warehouse except where the occupier of the warehouse has been approved by the Commissioners in accordance with the regulations and where such conditions as may be prescribed in relation to that occupier are satisfied;

b otherwise regulate the deposit, keeping, securing and treatment of goods in a warehouse;

c make provision with respect to goods which are required to be deposited in a warehouse;

d regulate the removal of goods from a warehouse and make provision with respect to goods which have lawfully been permitted to be removed from a warehouse without payment of duty; and

e make provision, in relation to goods which have been warehoused or are required to be deposited in a warehouse with respect to the keeping, preservation and production of records and the furnishing of information.

2 In subsection (2) of that section (further provision that may be made by warehousing regulations)—

a after paragraph (d) there shall be inserted the following paragraphs—

b in paragraph (ee), for “to be warehoused" there shall be substituted “ required to be deposited in a warehouse ”;

c after paragraph (f) there shall be inserted the following paragraphs—

fa requiring goods which are required to be deposited in a warehouse or which have lawfully been permitted to be removed from a warehouse without payment of duty to be accompanied by such documents in such form and containing such particulars as may be prescribed;

fb imposing or providing for the imposition under the regulations of requirements on persons concerned in any prescribed respect with the carriage of such goods to keep and preserve the documents that are required to accompany the goods;

fc imposing or providing for the imposition under the regulations of requirements on a person so concerned to produce or cause to be produced any documents which are required to accompany any goods by virtue of paragraph (fa) above to an officer when required to do so for the purpose of allowing the officer to inspect them, to copy or take extracts from them or to remove them at a reasonable time and for a reasonable period;

d in paragraph (g), after “are" there shall be inserted “ required ”;

e in the definition of “relevant business activity" after the word “are", in the first place where it occurs, there shall be inserted “ required ”.

3 In subsection (2A) of that section (compensation where removed documents are lost)—

a after the word “documents", in each place where it occurs, there shall be inserted “ or records ”; and

b for “(2)(j)" there shall be substituted “ (2)(fc) or (j) ”.

4 In subsection (3) of that section (power to make different provision for different warehouses and goods), after the word “for", in the first place where it occurs, there shall be inserted “ different cases, including different provision for different occupiers or descriptions of occupier, for ”.

5 After subsection (5) of that section there shall be inserted the following subsection—

^F346 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 In subsection (7)(b) of that section—

a for “to be warehoused" there shall be substituted “ required to be deposited in a warehouse ”;

b for “or which are to be warehoused on drawback" there shall be substituted “ which are to be warehoused on drawback or which are otherwise to be treated by virtue of subsection (2)(da)(ii) above as goods which are required to be deposited in a warehouse ”.

^I193In section 100(2) of that Act (forfeiture in respect of contraventions relating to warehousing)—

a in paragraphs (a) and (b), after “for warehousing" there shall be inserted “ or are otherwise required to be deposited in a warehouse ”;

b for paragraph (d) there shall be substituted the following paragraph—

^I204In section 100H(1) of that Act (provision that may be contained in REDS regulations), after paragraph (m) there shall be inserted the following paragraph—

^I215In section 117 of that Act (execution of distress against revenue traders in respect of relevant excise duty)—

a the word “relevant", in the first place where it occurs in subsection (1) and where it occurs in subsections (2)(a) ^F35. . ., shall be omitted;

b for the words “a relevant" in subsections (1)(a) and (3) there shall be substituted “ any ”; and

c the definition of “relevant excise duty" in subsection (8) shall be omitted.

^I226In section 129 of that Act (power to remit or repay duty on denatured goods)—

a in paragraph (b) of subsection (1) for “warehoused" there shall be substituted “ chargeable with a duty the requirement to pay which has not yet taken effect ”; and

b after that subsection there shall be inserted the following subsection—

^I237In section 170 of that Act (fraudulent evasion of duty), after subsection (5) there shall be inserted the following subsection—

^I248After section 170 of that Act there shall be inserted the following sections—

170A Offence of handling goods subject to unpaid excise duty.

1 Subject to subsection (2) below, if—

a after the excise duty point for any goods which are chargeable with a duty of excise, a person acquires possession of those goods or is concerned in carrying, removing, depositing, keeping or otherwise dealing with those goods; and

b at the time when he acquires possession of those goods or is so concerned, the duty on the goods has not been paid and its payment has not been deferred,

that person shall be liable, on summary conviction, to a penalty of an amount not exceeding level 5 on the standard scale.

2 In proceedings for an offence under this section it shall be a defence to show that the person who acquired possession of the goods or was concerned in carrying, removing, depositing, keeping or otherwise dealing with them—

a acted in accordance with the directions of, or with the consent of, the proper officer; or

b was not himself the person, or one of the persons, liable to pay the unpaid duty and at the time when he acted either—

i had no grounds for suspecting that the goods were chargeable with a duty of excise that had not yet been paid; or

ii believed on reasonable grounds that the duty had been paid or its payment deferred or that the liability to pay the duty had not yet taken effect.

170B Offence of taking preparatory steps for evasion of excise duty.

1 If any person is knowingly concerned in the taking of any steps with a view to the fraudulent evasion, whether by himself or another, of any duty of excise on any goods, he shall be liable—

a on summary conviction, to a penalty of the prescribed sum or of three times the amount of the duty, whichever is the greater, or to imprisonment for a term not exceeding six months or to both; and

b on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.

2 Where any person is guilty of an offence under this section, the goods in respect of which the offence was committed shall be liable to forfeiture.

^I259In section 171(5) of that Act (which provides for the time at which duty is to be treated as payable where that cannot be ascertained for the purposes of any offence)—

a after “43 above" there shall be inserted “ or the relevant excise duty point ”; and

b at the end there shall be inserted “ or, as the case may be, as if the time when the proceedings were commenced was the relevant excise duty point. ”

The Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)¶

^I2610In section 13C of the Customs and Excise Duties (General Reliefs) Act 1979 (offence where relieved goods used in breach of condition), after subsection (4) there shall be inserted the following subsection—

^I36SCHEDULE 3 ¶

Value added tax: abolition of fiscal frontiers etc.

Section 14.

^F36Part I ¶

Introduction¶

^I491 ¶

The Value Added Tax Act 1983 shall be amended in accordance with the following provisions of this Part of this Schedule.

Imposition and extent of tax¶

^I502 ¶

In section 1 (charge to tax), for the words from “and on" onwards there shall be substituted “ on the acquisition in the United Kingdom from other member States of any goods and on the importation of goods from places outside the member States. ”

^I513 ¶

1 After section 2 (scope of tax) there shall be inserted the following sections—

2A Scope of tax on acquisitions.

1 Tax shall be charged on any acquisition from another member State of any goods where—

a the acquisition is a taxable acquisition and takes place in the United Kingdom;

b the acquisition is otherwise than in pursuance of a taxable supply; and

c the person who makes the acquisition is a taxable person or the goods are subject to a duty of excise or consist in a new means of transport.

2 An acquisition of goods from another member State is a taxable acquisition if—

a it falls within subsection (3) below or the goods consist in a new means of transport; and

b it is not an exempt acquisition.

3 An acquisition of goods from another member State falls within this subsection if—

a the goods are acquired in the course or furtherance of—

i any business carried on by any person; or

ii any activities carried on otherwise than by way of business by any body corporate or by any club, association, organisation or other unincorporated body;

b it is the person who carries on that business or, as the case may be, those activities who acquires the goods; and

c the supplier—

i is taxable in another member State at the time of the transaction in pursuance of which the goods are acquired; and

ii in participating in that transaction, acts in the course or furtherance of a business carried on by him.

4 Tax on any acquisition of goods from another member State is a liability of the person who acquires the goods and (subject to provisions about accounting and payment) becomes due at the time of acquisition.

2B Scope of tax on imports.

1 Tax on the importation of goods from places outside the member States shall be charged and payable as if it were a duty of customs.

2 For the purposes of this Act goods are imported from a place outside the member States where—

a having been removed from a place outside the member States, they enter the territory of the Community;

b they enter that territory by being removed to the United Kingdom or are removed to the United Kingdom after entering that territory; and

c the circumstances are such that it is on their removal to the United Kingdom or subsequently while they are in the United Kingdom that any Community customs debt in respect of duty on their entry into the territory of the Community would be incurred.

3 Accordingly—

a goods shall not be treated for the purposes of this Act as imported at any time before a Community customs debt in respect of duty on their entry into the territory of the Community would be incurred; and

b the person who is to be treated for the purposes of this Act as importing any goods from a place outside the member States is the person who would be liable to discharge any such Community customs debt.

4 The preceding provisions of this section shall not apply, except in so far as the context otherwise requires or provision to the contrary is contained in regulations under subsection (1) of section 24 below, for construing any references to importation or to an importer in any enactment or subordinate legislation applied for the purposes of this Act by that subsection.

2C Taxable persons.

1 A person is a taxable person for the purposes of this Act while he is, or is required to be, registered under this Act.

2 Schedules 1 to 1B to this Act shall have effect with respect to registration.

3 Persons registered under any of those Schedules shall be registered in a single register kept by the Commissioners for the purposes of this Act; and, accordingly, references in this Act to being registered under this Act are references to being registered under any of those Schedules.

4 The Commissioners may by regulations make provision as to the inclusion and correction of information in that register with respect to the Schedule under which any person is registered.

Meaning of supply¶

^I524 ¶

1 In subsection (3) of section 3 (power to provide for how transactions are to be treated for the purposes of the charge on supplies), at the end there shall be inserted “ and may provide that paragraph 5A of that Schedule shall not apply, in such circumstances as may be described in the order, so as to make a removal of assets a supply of goods under that paragraph. ”

2 In subsection (5) of that section (treatment of goods as supplied to and from the same person in the course or furtherance of his business), for “acquired" there shall be substituted “ taken possession of ”.

Time of supply¶

^I535 ¶

In section 4(1) (time of supply), after “apply" there shall be inserted “ (subject to section 35 below) ”.

^I546 ¶

1 After subsection (3) of section 5 (further provisions as to time of supply), there shall be inserted the following subsections—

3A Where any supply of goods involves both—

a the removal of the goods from the United Kingdom; and

b their acquisition in another member State by a person who is liable for value added tax on the acquisition in accordance with provisions of the law of that member State corresponding, in relation to that member State, to the provisions of section 2A above,

section 4(2) above and subsections (1) to (3) and (5) to (7) of this section shall not apply and the supply shall be treated for the purposes of this Act as taking place on whichever is the earlier of the days specified in subsection (3B) below.

3B The days mentioned in subsection (3A) above are—

a the fifteenth day of the month following that in which the removal in question takes place; and

b the day of the issue, in respect of the supply, of a tax invoice or of an invoice of such other description as the Commissioners may by regulations prescribe.

2 In subsection (9) of that section—

a for “(3)" there shall be substituted “ (3B) ”; ^F74. . .

^F74b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In subsection (10) of that section (meaning of “tax invoice"), for “taxable person" there shall be substituted “ person to whom such an invoice should be issued. ”

Place of supply¶

^I557 ¶

1 In subsection (1) of section 6 (place of supply), after “apply" there shall be inserted “ (subject to section 35 below) ”.

2 At the beginning of subsection (2) of that section there shall be inserted “ Subject to the following provisions of this section ”.

3 For subsection (3) of that section (goods removed from or to the United Kingdom) there shall be substituted the following subsections—

2A Goods shall be treated—

a as supplied in the United Kingdom where their supply involves their installation or assembly at a place in the United Kingdom to which they are removed; and

b as supplied outside the United Kingdom where their supply involves their installation or assembly at a place outside the United Kingdom to which they are removed.

2B Goods whose place of supply is not determined under any of the preceding provisions of this section shall be treated as supplied in the United Kingdom where—

a the supply involves the removal of the goods to the United Kingdom by or under the directions of the person who supplies them;

b the supply is a transaction in pursuance of which the goods are acquired in the United Kingdom from another member State by a person who is not a taxable person;

c the supplier—

i is liable to be registered under Schedule 1A to this Act; or

ii would be so liable if he were not already registered under this Act or liable to be registered under Schedule 1 to this Act;

and

d the supply is neither a supply of goods consisting in a new means of transport nor anything which is treated as a supply for the purposes of this Act by virtue only of paragraph 5(1) or 5A of Schedule 2 to this Act.

2C Goods whose place of supply is not determined under any of the preceding provisions of this section and which do not consist in a new means of transport shall be treated as supplied outside the United Kingdom where—

a the supply involves the removal of the goods, by or under the directions of the person who supplies them, to another member State;

b the person who makes the supply is taxable in another member State; and

c provisions of the law of that member State corresponding, in relation to that member State, to the provisions made by subsection (2B) above make that person liable to value added tax on the supply;

but this subsection shall not apply in relation to any supply in a case where the liability mentioned in paragraph (c) above depends on the exercise by any person of an option in the United Kingdom corresponding to such an option as is mentioned in paragraph 1(2) of Schedule 1A to this Act, unless that person has given, and has not withdrawn, a notification to the Commissioners that he wishes his supplies to be treated as taking place outside the United Kingdom where they are supplies in relation to which the other requirements of this subsection are satisfied.

2D Goods whose place of supply is not determined under any of the preceding provisions of this section shall be treated as supplied in the United Kingdom where—

a their supply involves their being imported from a place outside the member States; and

b the person who supplies them is the person by whom, or under whose directions, they are so imported.

3 Goods whose place of supply is not determined under any of the preceding provisions of this section but whose supply involves their removal to or from the United Kingdom shall be treated—

a as supplied in the United Kingdom where their supply involves their removal from the United Kingdom without also involving their previous removal to the United Kingdom; and

b as supplied outside the United Kingdom in any other case.

4 In subsection (4) of that section (goods removed from the United Kingdom in the course of their removal from one part of the United Kingdom to another), for “subsections (2) and (3) above" there shall be substituted “ the preceding provisions of this section ”.

5 After subsection (4) of that section there shall be inserted the following subsection—

6 In subsection (6) of that section (power to vary rules of place of supply of services), for the word “services", in each place where it occurs, there shall be substituted “ goods or services ”.

^I568 ¶

After subsection (5) of section 7 (reverse charge on services received from abroad) there shall be inserted the following subsection—

^I579 ¶

In section 8(1) (place where supplier or recipient belongs), after the word “apply", in the second place where it occurs, there shall be inserted “ (subject to any provision made under section 7(6) above) ”.

Acquisitions of goods from other member States¶

^I5810 ¶

After section 8 there shall be inserted the following sections—

Acquisitions of goods from other member States

8A Meaning of acquisition of goods from another member State.

1 Subject to the following provisions of this section, references in this Act to the acquisition of goods from another member State shall be construed as references to any acquisition of goods in pursuance of a transaction in relation to which the following conditions are satisfied, that is to say—

a the transaction is a supply of goods (including anything treated for the purposes of this Act as a supply of goods); and

b the transaction involves the removal of the goods from another member State;

and references in this Act, in relation to such an acquisition, to the supplier shall be construed accordingly.

2 It shall be immaterial for the purposes of subsection (1) above whether the removal of the goods from the other member State is by or under the directions of the supplier or by or under the directions of the person who acquires them or any other person.

3 Where the person with the property in any goods does not change in consequence of anything which is treated for the purposes of this Act as a supply of goods, that supply shall be treated for the purposes of this Act as a transaction in pursuance of which there is an acquisition of goods by the person making it.

4 The Treasury may by order provide with respect to any description of transaction that the acquisition of goods in pursuance of a transaction of that description is not to be treated for the purposes of this Act as the acquisition of goods from another member State.

8B Time of acquisition.

1 Subject to section 35 below and any regulations under subsection (3) below, where goods are acquired from another member State, the acquisition shall be treated for the purposes of this Act as taking place on whichever is the earlier of—

a the fifteenth day of the month following that in which the event occurs which, in relation to that acquisition, is the first relevant event for the purposes of taxing the acquisition; and

b the day of the issue, in respect of the transaction in pursuance of which the goods are acquired, of an invoice of such a description as the Commissioners may by regulations prescribe.

2 For the purposes of this Act the event which, in relation to any acquisition of goods from another member State, is the first relevant event for the purposes of taxing the acquisition is the first removal of the goods which is involved in the transaction in pursuance of which they are acquired.

3 The Commissioners may by regulations make provision with respect to the time at which an acquisition is to be treated as taking place in prescribed cases where the whole or part of any consideration comprised in the transaction in pursuance of which the goods are acquired is determined or payable periodically, or from time to time, or at the end of a period; and any such regulations may provide, in relation to any case to which they apply, for goods to be treated as separately and successively acquired at prescribed times or intervals.

8C Place of acquisition.

1 This section shall apply (subject to sections 32B(5) and 35 below) for determining for the purposes of this Act whether goods acquired from another member State are acquired in the United Kingdom.

2 The goods shall be treated as acquired in the United Kingdom if they are acquired in pursuance of a transaction which involves their removal to the United Kingdom and does not involve their removal from the United Kingdom, and (subject to the following provisions of this section) shall otherwise be treated as acquired outside the United Kingdom.

3 Subject to subsection (4) below, the goods shall be treated as acquired in the United Kingdom if they are acquired by a person who, for the purposes of their acquisition, makes use of a number assigned to him for the purposes of value added tax in the United Kingdom.

4 Subsection (3) above shall not require any goods to be treated as acquired in the United Kingdom where it is established, in accordance with regulations made by the Commissioners for the purposes of this section—

a that value added tax has been paid in another member State on the acquisition of those goods; and

b that that tax fell to be paid by virtue of provisions of the law of that member State corresponding, in relation to that member State, to the provision made by subsection (2) above.

5 The Commissioners may by regulations make provision for the purposes of this section—

a for the circumstances in which a person is to be treated as having been assigned a number for the purposes of value added tax in the United Kingdom;

b for the circumstances in which a person is to be treated as having made use of such a number for the purposes of the acquisition of any goods; and

c for the refund, in prescribed circumstances, of tax paid in the United Kingdom on acquisitions of goods in relation to which the conditions specified in subsection (4)(a) and (b) above are satisfied.

Rate of tax and determination of value¶

^I4411 ¶

In section 9(1) (rate of tax)—

a after paragraph (a) there shall be inserted the following paragraph—

; and

b in paragraph (b), after the word “goods", in the first place where it occurs, there shall be inserted “ from a place outside the member States ”.

^I4312 ¶

1 In subsection (1) of section 10 (value of supply of goods or services), for “shall be determined as follows" there shall be substituted “ shall, except as otherwise provided by or under this Act, be determined in accordance with this section and Schedule 4 to this Act, and for those purposes subsections (2) to (4) below have effect subject to that Schedule ”.

2 For subsection (3) of that section (value where supply for no consideration or for consideration not or not wholly in money) there shall be substituted the following subsection—

^I4513 ¶

After section 10 there shall be inserted the following section—

10A Valuation of acquisitions from other member States.

1 For the purposes of this Act the value of any acquisition of goods from another member State shall be taken to be the value of the transaction in pursuance of which they are acquired.

2 Where goods are acquired from another member State otherwise than in pursuance of a taxable supply, the value of the transaction in pursuance of which they are acquired shall be determined for the purposes of subsection (1) above in accordance with this section and Schedule 4A to this Act, and for those purposes—

a subsections (3) to (5) below have effect subject to Schedule 4A to this Act; and

b section 10 above and Schedule 4 to this Act shall not apply in relation to the transaction.

3 If the transaction is for a consideration in money, its value shall be taken to be such amount as is equal to the consideration.

4 If the transaction is for a consideration not consisting or not wholly consisting of money, its value shall be taken to be such amount in money as is equivalent to the consideration.

5 Where a transaction in pursuance of which goods are acquired from another member State is not the only matter to which a consideration in money relates, the transaction shall be deemed to be for such part of the consideration as is properly attributable to it.

^I4614 ¶

1 In subsection (1) of section 11 (value of imported goods), for the words from “imported goods" onwards there shall be substituted “ goods imported from a place outside the member States shall (subject to subsections (2) and (2A) below) be determined according to the rules applicable in the case of Community customs duties, whether or not the goods in question are subject to any such duties. ”

2 In subsection (2) of that section, for the words before paragraph (a) there shall be substituted “ For the purposes of this Act the value of any goods imported from a place outside the member States shall be taken to include the following so far as they are not already included in that value in accordance with the rules mentioned in subsection (1) above, that is to say- ”.

3 After subsection (2) of that section there shall be inserted the following subsection—

Credit for input tax against output tax¶

^I5915 ¶

1 In subsection (1) of section 14 (credit for input tax against output tax), after “him" there shall be inserted “ and in respect of the acquisition by him from other member States of any goods ”.

2 In subsection (3) of that section (meaning of “input tax" and “output tax")—

a after paragraph (a) there shall be inserted the following paragraph—

;

b in paragraph (b), after “goods" there shall be inserted “ from a place outside the member States ”;

c for “either" there shall be substituted “ each ”; and

d at the end there shall be inserted “ or on the acquisition by him from another member State of goods (including tax which is also to be counted as input tax by virtue of paragraph (aa) above). ”

3 In subsection (3A) of that section (goods used by company for domestic purposes of a director etc.), for the words “supplied to, or imported by, a company" there shall be substituted “ are supplied to a company, goods are acquired by a company from another member State or goods are imported by a company from a place outside the member States and the goods or services which are so supplied, acquired or imported ”.

4 In subsection (4) of that section (apportionment of tax to input tax)—

a for “or goods imported by him" there shall be substituted “ goods acquired by a taxable person from another member State or goods imported by a taxable person from a place outside the member States ”; and

b after “supplies" there shall be inserted “ acquisitions ”.

5 In subsection (9) of that section (regulations as to credits for input tax)—

a in paragraph (a), for “or paid or payable by him on the importation of goods" there shall be substituted “ tax on the acquisition of goods by a taxable person from other member States and tax paid or payable by a taxable person on the importation of goods from places outside the member States ”;

b in paragraph (b)—

i for “or paid by him on the importation of goods" there shall be substituted “ or on the acquisition of goods by him from another member State or paid by him on the importation of goods from places outside the member States ”; and

ii after the word “supply", in the second place where it occurs, there shall be inserted “ acquisition ”;

and

c in paragraph (c), for “or importation of goods acquired for it before its incorporation" there shall be substituted “ acquisition or importation of goods before the company’s incorporation for appropriation to the company or its business ”.

6 In subsection (10) of that section (exclusions by Treasury order)—

a after “supplies" there shall be inserted “ acquisitions ”;

b in paragraph (a), after the word “goods", in the second place where it occurs, there shall be inserted “ acquired or ”; and

c after the word “supplied", in the second and fourth places where it occurs in that paragraph, there shall be inserted “ acquired ”.

^I6016 ¶

1 In subsection (1) of section 15 (input tax allowable as a credit), after the word “supplies", in the first place where it occurs, there shall be inserted “ acquisitions ”.

2 In subsection (2) of that section, after paragraph (b) there shall be inserted the following paragraph—

Reliefs¶

^I6117 ¶

1 In subsection (3) of section 16 (no tax on zero-rated imports)—

a for “imported into the United Kingdom" there shall be substituted “ acquired in the United Kingdom from another member State or imported from a place outside the member States ”; and

b after “their" there shall be inserted “ acquisition or ”.

2 In subsection (6)(a) of that section (zero-rating of exports and goods shipped as stores etc.), after “exported them" there shall be inserted “ to a place outside the member States ”.

3 In subsection (7) of that section (regulations as to zero-rating of goods which have been or are to be exported), for the words from “where" to “and" there shall be substituted

4 In subsection (8) of that section (zero-rating of services where goods let on hire and exported), for “exported" there shall be substituted “ removed from the United Kingdom ”.

5 In subsection (9) of that section (cases where goods are not exported or shipped), in paragraph (a), after “shipped" there shall be inserted “ or otherwise removed from the United Kingdom ”.

^I6218 ¶

In section 17(1) (exemptions), at the end there shall be inserted “ and an acquisition of goods from another member State is an exempt acquisition if the goods are acquired in pursuance of an exempt supply. ”

^I6319 ¶

1 In section 18 (relief on supply of second-hand goods), in each of paragraphs (a) and (b) of subsection (3), for “importation of goods of that description" there shall be substituted “ acquisition of goods of that description from another member State or the importation of goods of that description from a place outside the member States ”.

2 In subsection (4) of that section—

a after the word “the", in the second place where it occurs, there shall be inserted “ acquisition or ”; and

b after the word “supply", in the second place where it occurs, there shall be inserted “ acquisition ”.

^I6420 ¶

1 In subsection (1) of section 19 (relief from tax on importation of goods), after “of goods" there shall be inserted “ from places outside the member States ”.

2 In subsection (1A)(a) of that section, after “imported" there shall be inserted “ from a place outside the member States ”.

3 In subsection (2) of that section—

a after “any goods" there shall be inserted “ from places outside the member States ”; and

b at the end there shall be inserted “ or removed from any member State ”.

4 In subsection (3) of that section—

a after “any goods" there shall be inserted “ from places outside the member States ”; and

b after “re-exported" there shall be inserted “ or otherwise removed from the United Kingdom ”.

Refunds of tax¶

^I6521 ¶

1 In subsection (1) of section 20 (refund of tax to local authorities and similar bodies)—

a the words “or on the importation of goods by" shall be omitted; and

b for “and the supply or importation" there shall be substituted “ on the acquisition of any goods by such a body from another member State or on the importation of any goods by such a body from a place outside the member States and the supply, acquisition or importation ”.

2 In subsection (2) of that section—

a after the words “to or", in the first and second places where they occur, there shall be inserted “ acquired or ”; and

b after those words, in the third place where they occur, there shall be inserted “ acquisition or ”.

^I6622 ¶

After section 20 there shall be inserted the following section—

20A Refunds in relation to new means of transport supplied to other member States.

1 Subject to subsection (2) below, where a person who is not a taxable person makes such a supply of goods consisting in a new means of transport as involves the removal of the goods to another member State, the Commissioners shall, on a claim made in that behalf, refund to that person, as the case may be—

a the amount of any tax on the supply of that means of transport to that person; or

b the amount of any tax paid by that person on the acquisition of that means of transport from another member State or on its importation from a place outside the member States.

2 The amount of tax refunded under this section shall not exceed the amount that would have been payable on the supply involving the removal if it had been a taxable supply by a taxable person and had not been zero-rated.

3 The Commissioners shall not be entitled to entertain a claim for refund of tax under this section unless the claim—

a is made within such time and in such form and manner;

b contains such information; and

c is accompanied by such documents, whether by way of evidence or otherwise,

as the Commissioners may by regulations prescribe.

^I6723 ¶

1 In subsection (1) of section 21 (refund of tax to persons constructing buildings)—

a the words “or the importation of goods by" shall be omitted; and

b after “business" there shall be inserted “ on the acquisition of goods by such a person from another member State or on the importation of goods by such a person from a place outside the member States ”.

2 After subsection (2) of that section there shall be inserted the following subsection—

Repayment¶

^I6824 ¶

1 In subsection (1) of section 23 (repayment of tax to those in business overseas), for “into the United Kingdom" there shall be substituted “ from places outside the member States ”.

2 In subsection (2)(a) of that section, for “a member State other than the United Kingdom" there shall be substituted “ another member State ”.

Further provisions as to importation of goods¶

^I6925 ¶

For subsections (1) to (3) of section 24 (application of customs enactments) there shall be substituted the following subsection—

1 Subject to such exceptions and adaptations as the Commissioners may by regulations prescribe and except where the contrary intention appears—

a the provision made by or under the Customs and Excise Acts 1979 and the other enactments and subordinate legislation for the time being having effect generally in relation to duties of customs and excise charged on the importation of goods into the United Kingdom; and

b the Community legislation for the time being having effect in relation to Community customs duties charged on goods entering the territory of the Community,

shall apply (so far as relevant) in relation to any tax chargeable on the importation of goods from places outside the member States as they apply in relation to any such duty of customs or excise or, as the case may be, Community customs duties.

^I7026 ¶

In section 25 (importation of goods by taxable persons)—

a after “imported" there shall be inserted “ from a place outside the member States ”; and

b at the end there shall be inserted “ or on the acquisition of goods by him from other member States ”.

^I7127 ¶

In section 26(1) (goods imported for private purposes), after “a taxable person" there shall be inserted “ from a place outside the member States ”.

Special cases¶

^I7228 ¶

1 In subsection (2A) of section 27 (application to the Crown), for “or on the importation of goods by, a Government department and the supply" there shall be substituted “ a Government department, on the acquisition of any goods by a Government department from another member State or on the importation of any goods by a Government department from a place outside the member States and the supply, acquisition ”.

2 In subsection (2B) of that section, after “supply" there shall be inserted “ acquisition ”.

^I7329 ¶

In paragraph (c) of section 29(1) (tax on importation payable by representative member)—

a for “importation of any goods" there shall be substituted “ acquisition of goods from another member State or on the importation of goods from a place outside the member States ”; and

b for the words from “for the purposes" to the end of the paragraph there shall be substituted—

^I7430 ¶

1 In subsection (2) of section 29A (supplies to groups), after the word “and", in the first place where it occurs, there shall be inserted “ acquisitions and ”.

2 In subsection (3) of that section, for “acquired by" there shall be substituted “ assets of ”.

3 In subsection (8) of that section, for “acquisition" there shall be substituted “ supply to or acquisition or importation ”.

^I7531 ¶

1 In subsection (1) of section 30 (partnerships)—

a after “partnership" there shall be inserted “ or carrying on in partnership any other activities in the course or furtherance of which they acquire goods from other member States ”; and

b after “such persons" there shall be inserted “ or are acquired by such persons from another member State ”.

2 In subsection (2) of that section, at the end there shall be inserted “ or on the acquisition of goods by the partnership from another member State. ”

3 In subsection (5) of that section, after the word “period", in the second place where it occurs, there shall be inserted “ or on the acquisition during that period by the firm of any goods from another member State ”.

^I7632 ¶

1 In subsection (3) of section 31 (business carried on in divisions or by unincorporated bodies etc.), after the word “organisation", in the third place where it occurs, there shall be inserted “ or whether goods are acquired by such a club, association or organisation from another member State ”.

2 After subsection (5) of that section there shall be inserted the following subsection—

^I7733 ¶

In section 32 (agents etc.), for subsection (2) there shall be substituted the following subsection—

^I7834 ¶

After section 32 there shall be inserted the following sections—

32A Tax representatives.

1 Where any person—

a is a taxable person for the purposes of this Act or, without being a taxable person, is a person who makes taxable supplies or who acquires goods in the United Kingdom from one or more other member States;

b does not have any business establishment or other fixed establishment in the United Kingdom; and

c in the case of an individual, does not have his usual place of residence in the United Kingdom,

the Commissioners may direct that person to appoint another person (in this Act referred to as a “tax representative") to act on his behalf in relation to value added tax.

2 With the agreement of the Commissioners, any person who has not been required to appoint a tax representative under subsection (1) above may do so if he is a person in relation to whom the conditions specified in paragraphs (a) to (c) of that subsection are satisfied.

3 Where any person is appointed by virtue of this section to be the tax representative of another (in this section referred to as his “principal”), then, subject to subsections (4) to (6) below, the tax representative—

a shall be entitled to act on his principal’s behalf for any of the purposes of this Act, of any other enactment (whenever passed) relating to value added tax or of any subordinate legislation made under this Act or any such enactment;

b shall, subject to such provisions as may be made by the Commissioners by regulations, secure (where appropriate by acting on his principal’s behalf) his principal’s compliance with and discharge of the obligations and liabilities to which his principal is subject by virtue of this Act, any such other enactment or any such subordinate legislation; and

c shall be personally liable in respect of—

i any failure to secure his principal’s compliance with or discharge of any such obligation or liability; and

ii anything done for purposes connected with acting on his principal’s behalf,

as if the obligations and liabilities imposed on his principal were imposed jointly and severally on the tax representative and his principal.

4 A tax representative shall not be liable by virtue of subsection (3) above himself to be registered under this Act, but regulations made by the Commissioners may—

a require the registration of the names of tax representatives against the names of their principals in any register kept for the purposes of this Act; and

b make it the duty of a tax representative, for the purposes of registration, to notify the Commissioners, within such period as may be prescribed, that his appointment has taken effect or has ceased to have effect.

5 A tax representative shall not by virtue of subsection (3) above be guilty of any offence except in so far as—

a the tax representative has consented to, or connived in, the commission of the offence by his principal;

b the commission of the offence by his principal is attributable to any neglect on the part of the tax representative; or

c the offence consists in a contravention by the tax representative of an obligation which, by virtue of that subsection, is imposed both on the tax representative and on his principal.

6 The Commissioners may by regulations make provision as to the manner and circumstances in which a person is to be appointed, or is to be treated as having ceased to be, another’s tax representative; and regulations under this subsection may include such provision as the Commissioners think fit for the purposes of subsection (4) above with respect to the making or deletion of entries in any register.

7 Where a person fails to appoint a tax representative in accordance with any direction under subsection (1) above, the Commissioners may require him to provide such security, or further security, as they may think appropriate for the payment of any tax which is or may become due from him.

8 For the purposes of this Act a person shall not be treated as having been directed to appoint a tax representative, or as having been required to provide security under subsection (7) above, unless the Commissioners have either—

a served notice of the direction or requirement on him; or

b taken all such other steps as appear to them to be reasonable for bringing the direction or requirement to his attention.

32B Overseas suppliers accounting through their customers.

1 Where—

a a person who makes or intends to make taxable supplies of goods requests the Commissioners to allow his supplies to be taxed in accordance with this section; and

b the Commissioners are satisfied that that person is a person to whom this section applies,

the Commissioners may, if they think fit, allow that person’s taxable supplies to be so taxed until it appears to them that the person is no longer a person to whom this section applies or that the request is withdrawn or should, for any other reason, no longer be acted upon.

2 This section applies to a person if—

a he does not have any business establishment or other fixed establishment in the United Kingdom and does not have his usual place of residence in the United Kingdom;

b he is for the time being neither registered under this Act nor required to be registered under Schedule 1A to this Act;

c he does not have a tax representative and is not for the time being required under section 32A above to appoint one; and

d he intends that his taxable supplies should be confined to supplies of goods made to taxable persons who are willing to account for and pay the tax chargeable thereon.

3 A person whose taxable supplies for the time being fall to be taxed in accordance with this section—

a shall be a taxable person for the purposes of this Act; but

b shall not, by virtue of any provision of this Act, be registered, or be or become liable to be registered, under Schedule 1 to this Act.

4 Where—

a any person’s taxable supplies for the time being fall to be taxed in accordance with this section; and

b that person makes a taxable supply of goods to a taxable person who has given, and not withdrawn, an undertaking to account for and pay any tax chargeable on supplies of goods made to him by the supplier in question,

it shall be for the person supplied, on the supplier’s behalf, to account for and pay any tax on the supply of those goods, and not for the supplier.

5 Where any person’s taxable supplies for the time being fall to be taxed in accordance with this section, any acquisition from another member State by that person of any goods the first supply of which after their acquisition is to a person who under this section is required to account for and pay the tax on that supply shall be treated for the purposes of this Act as taking place outside the United Kingdom.

6 The Commissioners may by regulations provide—

a for the form and manner in which any request under subsection (1) above, or any undertaking such as is mentioned in subsection (4)(b) above, is to be made or withdrawn;

b for the manner in which the making or withdrawal of any such undertaking is to be notified to the Commissioners;

c for a person whose taxable supplies for the time being fall to be taxed in accordance with this section to be under an obligation to notify the Commissioners if he makes any taxable supply to which subsection (4) above does not apply and which is not zero-rated;

d for prescribed provisions of this Act and of any other enactment (whenever passed) relating to value added tax to have effect, where under this section a person supplied with any goods is required to account for and pay any tax on the supply, as if that tax were on supplies or acquisitions made by him.

^I7935 ¶

For section 35 (supplies of dutiable goods in warehouse) there shall be substituted the following section—

35 Goods subject to a warehousing regime.

1 Where—

a any goods have been removed from a place outside the member States and have entered the territory of the Community;

b the material time for any acquisition of those goods from another member State or for any supply of those goods is while they are subject to a warehousing regime and before the duty point; and

c those goods are not mixed with any dutiable goods which were produced or manufactured in the United Kingdom or acquired from another member State,

then the acquisition or supply mentioned in paragraph (b) above shall be treated for the purposes of this Act as taking place outside the United Kingdom.

2 Subsection (3) below applies where—

a any dutiable goods are acquired from another member State; or

b any person makes a supply of—

i any dutiable goods which were produced or manufactured in the United Kingdom or acquired from another member State; or

ii any goods comprising a mixture of goods falling within sub-paragraph (i) above and other goods.

3 Where this subsection applies and the material time for the acquisition or supply mentioned in subsection (2) above is while the goods in question are subject to a warehousing regime and before the duty point, that acquisition or supply shall be treated for the purposes of this Act as taking place outside the United Kingdom if the material time for any subsequent supply of those goods is also while the goods are subject to the warehousing regime and before the duty point.

4 Where the material time for any acquisition or supply of any goods in relation to which subsection (3) above applies is while the goods are subject to a warehousing regime and before the duty point but the acquisition or supply nevertheless falls, for the purposes of this Act, to be treated as taking place in the United Kingdom—

a that acquisition or supply shall be treated for the purposes of this Act as taking place at the earlier of the following times, that is to say, the time when the goods are removed from the warehousing regime and the duty point; and

b in the case of a supply, any tax payable on the supply shall be paid (subject to any regulations under subsection (5) below)—

i at the time when the supply is treated as taking place under paragraph (a) above; and

ii by the person by whom the goods are so removed or, as the case may be, together with the duty or agricultural levy, by the person who is required to pay the duty or levy.

5 The Commissioners may by regulations make provision—

a for enabling goods to be removed from a warehousing regime by a taxable person without payment of tax chargeable in respect of those goods by virtue of subsection (4)(a) above; and

b for that tax to be accounted for together with the tax chargeable on supplies of goods and services by that person.

6 In this section—

“dutiable goods” means any goods which are subject—
1. to a duty of excise; or
2. in accordance with any provision for the time being having effect for transitional purposes in connection with the accession of any State to the European Communities, to any Community customs duty or agricultural levy of the Economic Community;
“the duty point”, in relation to any goods, means—
1. in the case of goods which are subject to a duty of excise, the time when the requirement to pay the duty on those goods takes effect; and
2. in the case of goods which are not so subject, the time when any Community customs debt in respect of duty on the entry of the goods into the territory of the Community would be incurred or, as the case may be, the corresponding time in relation to any such duty or levy as is mentioned in paragraph (b) of the definition of dutiable goods;
“material time”—
1. in relation to any acquisition or supply the time of which is determined in accordance with regulations under section 5(9) or 8B(3) above, means such time as may be prescribed for the purpose of this section by those regulations;
2. in relation to any other acquisition, means the time of the event which, in relation to the acquisition, is the first relevant event for the purposes of taxing it; and
3. in relation to any other supply, means the time when the supply would be treated as taking place in accordance with subsection (2) of section 4 above if paragraph (c) of that subsection were omitted;
“warehouse” means any warehouse where goods may be stored in any member State without payment of any one or more of the following, that is to say—
1. Community customs duty;
2. any agricultural levy of the Economic Community;
3. value added tax on the importation of the goods into any member State;
4. any duty of excise or any duty which is equivalent in another member State to a duty of excise.

7 References in this section to goods being subject to a warehousing regime is a reference to goods being kept in a warehouse or being transported between warehouses (whether in the same or different member States) without the payment in a member State of any duty, levy or tax; and references to the removal of goods from a warehousing regime shall be construed accordingly.

^I8036 ¶

1 In subsection (1) of section 36 (capital goods), after “supply" there shall be inserted “ acquisition ”.

2 In subsection (2) of that section, after “supplied" there shall be inserted “ acquired ”.

^I8137 ¶

For section 37 (trading stamp schemes) there shall be substituted the following section—

General¶

^I8238 ¶

In section 38 (which gives effect to Schedule 7), after “effect" there shall be inserted “ subject to section 46A(6) below, ”.

^I8339 ¶

1 In subsection (1A) of section 39—

a in paragraph (b) (evasion by obtaining refund), after “under" there shall be inserted “ section 20A, ”;

b after that paragraph there shall be inserted the following paragraph—

; and

c in sub-paragraph (ii), after “paragraph (b)" there shall be inserted “ paragraph (ba) ”.

2 In subsection (2B)(a) of that section (penalties in the case of refunds)—

a after “under", in the first place where it occurs, there shall be inserted “ section 20A, ”; and

b after “22 above" there shall be inserted “ for a refund under any regulations made by virtue of section 8C(5) above ”.

3 In subsection (4) of that section (handling goods in respect of which there is evasion), for “or on the importation of the goods" there shall be substituted “ on the acquisition of the goods from another member State or on the importation of the goods from a place outside the member States ”.

^I8440 ¶

In subsection (1) of section 40 (appeals)—

a in paragraph (b), for the words from “or, subject" to the end of the paragraph there shall be substituted “ on the acquisition of goods from another member State or, subject to subsection (5) below, on the importation of goods from a place outside the member States ”;

b after paragraph (d) there shall be inserted the following paragraph—

c after paragraph (f) there shall be inserted the following paragraph—

d after paragraph (j) there shall be inserted the following paragraph—

e in paragraph (m), at the end of sub-paragraph (ii) there shall be inserted

;

f in paragraph (n), after “under" there shall be inserted “ section 32A(7) above or ”;

g in paragraph (o), for “17" there shall be substituted “ 17A ”.

^I8541 ¶

1 In subsection (1) of section 41 (supplies spanning change of rate), at the end there shall be inserted “ or exempt or zero-rated acquisitions ”.

2 After subsection (3) of that section there shall be inserted the following subsection—

3 After subsection (5) of that section there shall be inserted the following subsection—

^I8642 ¶

1 In subsection (1) of section 43 (failure of resolution under the ^M61Provisional Collection of Taxes Act 1968)—

a in paragraph (a), after “section 10(2) above" there shall be inserted “ or on the acquisition of goods from another member State by reference to a value determined under section 10A(3) above ”; and

b in paragraph (b), after “supply" there shall be inserted “ or acquisition ”.

2 In subsection (2) of that section—

a in paragraph (a), after “the said section 10(2)" there shall be inserted “ or on the acquisition of goods from another member State by reference to a value determined under the said section 10A(3) ”; and

b in paragraph (b), after “supply" there shall be inserted “ or acquisition ”.

3 In subsection (3) of that section, after “20" there shall be inserted “ 20A ”.

^I8743 ¶

In section 46 (service of notices), for the words from “at his" onwards there shall be substituted “ or his tax representative at the last or usual residence or place of business of that person or representative. ”

^I8844 ¶

After section 46 there shall be inserted the following sections—

46A Taxation under the laws of other member States etc.

1 Subject to the following provisions of this section, references in this Act, in relation to another member State, to the law of that member State shall be construed as confined to so much of the law of that member State as for the time being has effect for the purposes of any Community instrument relating to value added tax.

2 Subject to the following provisions of this section—

a references in this Act to a person being taxable in another member State are references to that person being taxable under so much of the law of that member State as makes provision for purposes corresponding, in relation to that member State, to the purposes of so much of this Act as makes provision as to whether a person is a taxable person; and

b references in this Act to goods being acquired by a person in another member State are references to goods being treated as so acquired in accordance with provisions of the law of that member State corresponding, in relation to that member State, to so much of this Act as makes provision for treating goods as acquired in the United Kingdom from another member State.

3 Without prejudice to subsection (5) below, the Commissioners may by regulations make provision for the manner in which any of the following are to be or may be proved for any of the purposes of this Act, that is to say—

a the effect of any provisions of the law of any other member State;

b that provisions of any such law correspond or have a purpose corresponding, in relation to any member State, to or to the purpose of any provision of this Act.

4 The Commissioners may by regulations provide—

a for a person to be treated for prescribed purposes of this Act as taxable in another member State only where he has given such notification, and furnished such other information, to the Commissioners as may be prescribed;

b for the form and manner in which any notification or information is to be given or furnished under the regulations and the particulars which it is to contain;

c for the proportion of any consideration for any transaction which is to be taken for the purposes of this Act as representing a liability, under the law of another member State, for value added tax to be conclusively determined by reference to such invoices or in such other manner as may be prescribed.

5 In any proceedings (whether civil or criminal), a certificate of the Commissioners—

a that a person was or was not, at any date, taxable in another member State; or

b that any value added tax payable under the law of another member State has or has not been paid,

shall be sufficient evidence of that fact until the contrary is proved, and any document purporting to be a certificate under this subsection shall be deemed to be such a certificate until the contrary is proved.

6 Without prejudice to the generality of any of the powers of the Commissioners under the information provisions of Schedule 7 to this Act, those powers shall, for the purpose of facilitating compliance with any Community obligations, be exercisable with respect to matters that are relevant to a charge to value added tax under the law of another member State, as they are exercisable with respect to matters that are relevant for any of the purposes of this Act.

7 The reference in subsection (6) above to the information provisions of Schedule 7 to this Act is a reference to the provisions of that Schedule relating to—

a the keeping of accounts;

b the making of returns and the submission of other documents to the Commissioners;

c the production, use and contents of invoices;

d the keeping and preservation of records; and

e the furnishing of information and the production of documents.

46B Territories included in references to other member States etc.

1 The Commissioners may by regulations provide for the territory of the Community, or for the member States, to be treated for any of the purposes of this Act as including or excluding such territories as may be prescribed.

2 Without prejudice to the generality of the powers conferred by subsection (1) and section 24(1) above, the Commissioners may, for any of the purposes of this Act, by regulations provide for prescribed provisions of any customs and excise legislation to apply in relation to cases where any territory is treated under subsection (1) above as excluded from the territory of the Community, with such exceptions and adaptations as may be prescribed.

3 In subsection (2) above the reference to customs and excise legislation is a reference to any enactment or subordinate or Community legislation (whenever passed, made or adopted) which has effect in relation to, or to any assigned matter connected with, the importation or exportation of goods.

4 In subsection (3) above “assigned matter” has the same meaning as in the Customs and Excise Management Act 1979.

^I8945 ¶

After section 47 there shall be inserted the following section—

47A Meaning of “new means of transport".

1 In this Act “means of transport" in the expression “new means of transport” means any of the following, that is to say—

a any ship exceeding 7.5 metres in length;

b any aircraft the take-off weight of which exceeds 1550 kilograms;

c any motorized land vehicle which—

i has an engine with a cylinder capacity exceeding 48 cubic centimetres; or

ii is constructed or adapted to be electrically propelled using more than 7.2 kilowatts.

2 For the purposes of this Act a means of transport shall be treated as new at any time unless at that time—

a a period of more than three months has elapsed since its first entry into service; and

b it has, since its first entry into service, travelled under its own power—

i in the case of a ship, for more than 100 hours;

ii in the case of an aircraft, for more than 40 hours; and

iii in the case of a land vehicle, for more than 3000 kilometres.

3 The Treasury may by order vary this section—

a by adding or deleting any ship, aircraft or vehicle of a description specified in the order to or from those which are for the time being specified in subsection (1) above; and

b by altering, omitting or adding to the provisions of subsection (2) above for determining whether a means of transport is new.

4 The Commissioners may by regulations make provision specifying the circumstances in which a means of transport is to be treated for the purposes of this section as having first entered into service.

^I9046 ¶

1 In subsection (1) of section 48 (interpretation)—

a after “in this Act-" there shall be inserted the following definition—

b after the definition of “ ship ” there shall be inserted the following definition—

c in the definition of “tax", at the end there shall be inserted “ charged in accordance with the provisions of this Act ”;

d for the definition of “taxable person" there shall be substituted the following definition—

2 After subsection (1) of that section there shall be inserted the following subsections—

1A Subject to section 46B above—

a the question whether or not goods have entered the territory of the Community;

b the time when any Community customs debt in respect of duty on the entry of any goods into the territory of the Community would be incurred; and

c the person by whom any such debt would fall to be discharged,

shall for the purposes of this Act be determined (whether or not the goods in question are themselves subject to any such duties) according to the Community legislation applicable to goods which are in fact subject to such duties.

1B Any reference in this Act to the amount of any duty of excise on any goods shall be taken to be a reference to the amount of duty charged on those goods with any addition or deduction falling to be made under section 1 of the Excise Duties (Surcharges or Rebates) Act 1979.

3 In subsection (5) of that section, after “determined" there shall be inserted “ (subject to any provision made under section 7(6) above) ”.

4 After subsection (8) of that section there shall be inserted the following subsection—

^I9147 ¶

In section 49 (refund of tax to Government of Northern Ireland)—

a for “or on the importation of goods by, that Government" there shall be substituted “ that Government, on the acquisition of any goods by that Government from another member State or on the importation of any goods by that Government from a place outside the member States ”; and

b after “supplies" there shall be inserted “ acquisitions ”.

Registration in respect of supplies¶

^I9248 ¶

1 In sub-paragraph (1) of paragraph 1 of Schedule 1 (registration in respect of taxable supplies), for “registered becomes liable to be registered" there shall be substituted “ registered under this Act becomes liable to be registered under this Schedule ”.

2 In sub-paragraph (2) of that paragraph—

a after the word “registered", in the first place where it occurs, there shall be inserted “ under this Act ”;

b after that word, in the second place where it occurs, there shall be inserted “ under this Schedule ”.

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

a after “registered" there shall be inserted “ under this Act ”; and

b in paragraph (a), after “10 below" there shall be inserted “ paragraph 6(2) of Schedule 1A to this Act or paragraph 6(3) of Schedule 1B to this Act ”.

4 After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—

5 In sub-paragraph (5) of that paragraph, after “supplied" there shall be inserted “ and any taxable supplies which would not be taxable supplies apart from section 6(2B) of this Act. ”

^I9349 ¶

1 In each of sub-paragraphs (1) and (4)(b) of paragraph 1A of that Schedule (further provisions as to liability to be registered), after “registered" there shall be inserted “ under this Schedule ”.

2 In sub-paragraph (7) of that paragraph, after paragraph (b) there shall be inserted the following paragraph—

^I9450 ¶

After paragraph 1A of that Schedule there shall be inserted the following paragraph—

^I9551 ¶

1 In sub-paragraph (1) of paragraph 2 of that Schedule (cases where person ceases to be registered), for the words from “registered person" to “time" there shall be substituted “ person who has become liable to be registered under this Schedule shall cease to be so liable at any time after being registered ”.

2 In sub-paragraph (2) of that paragraph, after “be registered" there shall be inserted “ under this Schedule ”.

3 In sub-paragraph (3) of that paragraph, after “supplied" there shall be inserted “ and any taxable supplies which would not be taxable supplies apart from section 6(2B) of this Act ”.

^I9652 ¶

In paragraph 3(3) of that Schedule (notification of liability to be registered)—

a after the word “registered", in the first place where it occurs, there shall be inserted “ by virtue of paragraph 1(1)(a) above ”; and

b before that word, in the second place where it occurs, there shall be inserted “so".

^I9753 ¶

In each of paragraphs 5 and 5A(1) of that Schedule (entitlement to be registered), after “registered" there shall be inserted “ under this Act and is not already so registered ”.

^I9854 ¶

In paragraph 7 of that Schedule (notification of end of liability or entitlement), at the end there shall be inserted “ unless he would, when he so ceases, be otherwise liable or entitled to be registered under this Act if his registration and any enactment preventing a person from being liable to be registered under different provisions at the same time were disregarded. ”

^I9955 ¶

In paragraph 7A of that Schedule (notification of end of liability or entitlement), at the end there shall be inserted “ unless, in the case of a person ceasing as mentioned in sub-paragraph (a) above, he would, when he so ceases, be otherwise liable or entitled to be registered under this Act if his registration and any enactment preventing a person from being liable to be registered under different provisions at the same time were disregarded. ”

^I10056 ¶

1 In sub-paragraph (1) of paragraph 8A of that Schedule (cancellation of registration on request)—

a at the beginning there shall be inserted “ Subject to sub-paragraph (1A) below ”; and

b after “be registered" there shall be inserted “ under this Schedule ”.

2 After sub-paragraph (1) of that paragraph there shall be inserted the following sub-paragraphs—

3 In sub-paragraph (2) of that paragraph (meaning of “registered person"), for the words from “includes" onwards there shall be substituted “ is a reference to any person who is registered under this Schedule (including a person who was so registered before the coming into force of the paragraph in which the reference is contained) ”.

^I10157 ¶

1 In sub-paragraph (1) of paragraph 9 of that Schedule (cancellation of registration by the Commissioners), at the beginning there shall be inserted “ Subject to sub-paragraph (1A) below ”.

2 After sub-paragraph (1) of that paragraph there shall be inserted the following sub-paragraphs—

3 In sub-paragraph (2) of that paragraph, at the end there shall be inserted “ under this Schedule ”.

^I10258 ¶

1 In sub-paragraph (1) of paragraph 11 of that Schedule (exemption from registration), after “registration" there shall be inserted “ under this Schedule ”.

2 In sub-paragraph (2) of that paragraph, for “from registration under this paragraph" there shall be substituted “ under this paragraph from registration under this Schedule ”.

Registration in respect of supplies and acquisitions from other member States¶

^I10359 ¶

After Schedule 1 there shall be inserted the following Schedules—

SCHEDULE 1A

Registration in respect of Supplies from other member States

Liability to be registered

1 A person who—

a is not registered under this Act; and

b is not liable to be registered under Schedule 1 to this Act,

becomes liable to be registered under this Schedule on any day if, in the period beginning with 1st January of the year in which that day falls, that person has made relevant supplies whose value exceeds £70,000.

2 A person who is not registered or liable to be registered as mentioned in sub-paragraph (1)(a) and (b) above becomes liable to be registered under this Schedule where—

a that person has exercised any option, in accordance with the law of any other member State where he is taxable, for treating relevant supplies made by him as taking place outside that member State;

b the supplies to which the option relates involve the removal of goods from that member State and, apart from the exercise of the option, would be treated, in accordance with the law of that member State, as taking place in that member State; and

c that person makes a relevant supply at a time when the option is in force in relation to him.

3 A person who is not registered or liable to be registered as mentioned in sub-paragraph (1)(a) and (b) above becomes liable to be registered under this Schedule if he makes a supply in relation to which the following conditions are satisfied, that is to say—

a it is a supply of goods subject to a duty of excise;

b it involves the removal of the goods to the United Kingdom by or under the directions of the person making the supply;

c it is a transaction in pursuance of which the goods are acquired in the United Kingdom from another member State by a person who is not a taxable person;

d it is made at a time after the coming into force of this Schedule and in the course or furtherance of a business carried on by the supplier; and

e it is not anything which is treated as a supply for the purposes of this Act by virtue only of paragraph 5(1) or 5A of Schedule 2 to this Act.

4 A person shall be treated as having become liable to be registered under this Schedule at any time when he would have become so liable under the preceding provisions of this paragraph but for any registration which is subsequently cancelled under paragraph 6(2) below, paragraph 10 of Schedule 1 to this Act or paragraph 6(3) of Schedule 1B to this Act.

5 A person shall not cease to be liable to be registered under this Schedule except in accordance with paragraph 2 below.

6 In determining for the purposes of this paragraph the value of any relevant supplies so much of the consideration for any supply as represents any liability of the supplier, under the law of another member State, for value added tax on that supply shall be disregarded.

1 Subject to sub-paragraph (2) below, a person who has become liable to be registered under this Schedule shall cease to be so liable if at any time—

a the relevant supplies made by him in the year ending with 31st December last before that time did not have a value exceeding £70,000 and did not include any supply in relation to which the conditions mentioned in paragraph 1(3) above were satisfied; and

b the Commissioners are satisfied that the value of his relevant supplies in the year immediately following that year will not exceed £70,000 and that those supplies will not include a supply in relation to which those conditions are satisfied.

2 A person shall not cease to be liable to be registered under this Schedule at any time when such an option as is mentioned in paragraph 1(2) above is in force in relation to him.

Notification of liability and registration

1 A person who becomes liable to be registered under this Schedule shall notify the Commissioners of the liability within the period of thirty days after the day on which the liability arises.

2 The Commissioners shall register any such person (whether or not he so notifies them) with effect from the day on which the liability arose or from such earlier time as may be agreed between them and him.

Request to be registered

1 Where a person who is not liable to be registered under this Act and is not already so registered—

a satisfies the Commissioners that he intends—

i to exercise an option such as is mentioned in paragraph 1(2) above and, from a specified date, to make relevant supplies to which that option will relate;

ii from a specified date to make relevant supplies to which any such option that he has exercised will relate; or

iii from a specified date to make supplies in relation to which the conditions mentioned in paragraph 1(3) above will be satisfied;

and

b requests to be registered under this Schedule,

the Commissioners may, subject to such conditions as they think fit to impose, register him with effect from such date as may be agreed between them and him.

2 Conditions imposed under sub-paragraph (1) above—

a may be so imposed wholly or partly by reference to, or without reference to, any conditions prescribed for the purposes of this paragraph; and

b may, whenever imposed, be subsequently varied by the Commissioners.

3 Where a person who is entitled to be registered under paragraph 5 or 5A of Schedule 1 to this Act requests registration under this paragraph, he shall be registered under that Schedule, and not under this Schedule.

Notification of matters affecting continuance of registration

1 Any person registered under this Schedule who ceases to be registrable under this Act shall notify the Commissioners of that fact within thirty days of the day on which he does so.

2 A person registered under paragraph 4 above by reference to any intention of his to exercise any option or to make supplies of any description shall notify the Commissioners, within thirty days of exercising that option or, as the case may be, of the first occasion after his registration when he makes such a supply, that he has exercised the option or made such a supply.

3 A person who has exercised such an option as is mentioned in paragraph 1(2) above which, as a consequence of its revocation or otherwise, ceases to have effect in relation to any relevant supplies by him shall notify the Commissioners, within thirty days of the option’s ceasing so to have effect, that it has done so.

4 For the purposes of this paragraph a person ceases to be registrable under this Act where—

a he ceases to be a person who would be liable or entitled to be registered under this Act if his registration and any enactment preventing a person from being liable to be registered under different provisions at the same time were disregarded; or

b in the case of a person who (having been registered under paragraph 4 above) has not been such a person during the period of his registration, he ceases to have any such intention as is mentioned in sub-paragraph (1)(a) of that paragraph.

Cancellation of registration

1 Subject to paragraph 7 below, where a person registered under this Schedule satisfies the Commissioners that he is not liable to be so registered, they shall, if he so requests, cancel his registration with effect from the day on which the request is made or from such later date as may be agreed between them and him.

2 Where the Commissioners are satisfied that, on the day on which a person was registered under this Schedule, he—

a was not liable to be registered under this Schedule; and

b in the case of a person registered under paragraph 4 above, did not have the intention by reference to which he was registered,

they may cancel his registration with effect from that day.

3 Subject to paragraph 7 below, where the Commissioners are satisfied that a person who has been registered under paragraph 4 above and is not for the time being liable to be registered under this Schedule—

a has not, by the date specified in his request to be registered, begun to make relevant supplies, exercised the option in question or, as the case may be, begun to make supplies in relation to which the conditions mentioned in paragraph 1(3) above are satisfied; or

b has contravened any condition of his registration,

they may cancel his registration with effect from the date so specified or, as the case may be, the date of the contravention or from such later date as may be agreed between them and him.

Conditions of cancellation

1 The Commissioners shall not, under paragraph 6(1) above, cancel a person’s registration with effect from any time unless they are satisfied that it is not a time when that person would be subject to a requirement to be registered under this Act.

2 The Commissioners shall not, under paragraph 6(3) above, cancel a person’s registration with effect from any time unless they are satisfied that it is not a time when that person would be subject to a requirement, or entitled, to be registered under this Act.

3 The registration of a person who has exercised such an option as is mentioned in paragraph 1(2) above shall not be cancelled with effect from any time before the 1st January which is, or next follows, the second anniversary of the date on which his registration took effect.

4 In determining for the purposes of this paragraph whether a person would be subject to a requirement, or entitled, to be registered at any time, so much of any provision of this Act as prevents a person from becoming liable or entitled to be registered when he is already registered or when he is so liable under any other provision shall be disregarded.

Power to vary specified sums by order

8The Treasury may by order substitute for any of the sums for the time being specified in this Schedule such greater sums as they think fit.

Supplementary

9Any notification required under this Schedule shall be made in such form and shall contain such particulars as the Commissioners may by regulations prescribe.

10For the purposes of this Schedule a supply of goods is a relevant supply where—

a the supply involves the removal of the goods to the United Kingdom by or under the directions of the person making the supply;

b the supply does not involve the installation or assembly of the goods at a place in the United Kingdom;

c the supply is a transaction in pursuance of which goods are acquired in the United Kingdom from another member State by a person who is not a taxable person;

d the supply is made at a time after the coming into force of this Schedule and in the course or furtherance of a business carried on by the supplier; and

e the supply is neither an exempt supply nor a supply of goods which are subject to a duty of excise or consist in a new means of transport and is not anything which is treated as a supply for the purposes of this Act by virtue only of paragraph 5(1) or 5A of Schedule 2 to this Act.

SCHEDULE 1B

Registration in respect of Acquisitions from other member States

Liability to be registered

1 A person who—

a is not registered under this Act; and

b is not liable to be registered under Schedule 1 or 1A to this Act,

becomes liable to be registered under this Schedule at the end of any month if, in the period beginning with 1st January of the year in which that month falls, that person has made relevant acquisitions whose value exceeds £36,600.

2 A person who is not registered or liable to be registered as mentioned in sub-paragraph (1)(a) and (b) above becomes liable to be registered under this Schedule at any time if there are reasonable grounds for believing that the value of his relevant acquisitions in the period of thirty days then beginning will exceed £36,600.

3 A person shall be treated as having become liable to be registered under this Schedule at any time when he would have become so liable under the preceding provisions of this paragraph but for any registration which is subsequently cancelled under paragraph 6(3) below, paragraph 10 of Schedule 1 to this Act or paragraph 6(2) of Schedule 1A to this Act.

4 A person shall not cease to be liable to be registered under this Schedule except in accordance with paragraph 2 below.

5 In determining the value of any person’s relevant acquisitions for the purposes of this paragraph, so much of the consideration for any acquisition as represents any liability of the supplier, under the law of another member State, for value added tax on the transaction in pursuance of which the acquisition is made, shall be disregarded.

1 Subject to sub-paragraph (2) below, a person who has become liable to be registered under this Schedule shall cease to be so liable if at any time—

a his relevant acquisitions in the year ending with 31st December last before that time did not have a value exceeding £36,600; and

b the Commissioners are satisfied that the value of his relevant acquisitions in the year immediately following that year will not exceed £36,600.

2 A person shall not cease to be liable to be registered under this Schedule at any time if there are reasonable grounds for believing that the value of that person’s relevant acquisitions in the period of thirty days then beginning will exceed £36,600.

Notification of liability and registration

1 A person who becomes liable to be registered under this Schedule shall notify the Commissioners of the liability—

a in the case of a liability under sub-paragraph (1) of paragraph 1 above, within thirty days of the end of the month when he becomes so liable; and

b in the case of a liability under sub-paragraph (2) of that paragraph, before the end of the period by reference to which the liability arises.

2 The Commissioners shall register any such person (whether or not he so notifies them) with effect from the relevant time or from such earlier time as may be agreed between them and him.

3 In this paragraph “the relevant time”—

a in a case falling within paragraph (a) of sub-paragraph (1) above, means the end of the month following the month at the end of which the liability arose; and

b in a case falling within paragraph (b) of that sub-paragraph, means the beginning of the period by reference to which the liability arose.

Entitlement to be registered etc.

1 Where a person who is not liable to be registered under this Act and is not already so registered satisfies the Commissioners that he makes relevant acquisitions, they shall, if he so requests, register him with effect from the day on which the request is made or from such earlier date as may be agreed between them and him.

2 Where a person who is not liable to be registered under this Act and is not already so registered—

a satisfies the Commissioners that he intends to make relevant acquisitions from a specified date; and

b requests to be registered under this Schedule,

the Commissioners may, subject to such conditions as they think fit to impose, register him with effect from such date as may be agreed between them and him.

3 Conditions imposed under sub-paragraph (2) above—

a may be so imposed wholly or partly by reference to, or without reference to, any conditions prescribed for the purposes of this paragraph; and

b may, whenever imposed, be subsequently varied by the Commissioners.

4 Where a person who is entitled to be registered under paragraph 5 or 5A of Schedule 1 to this Act requests registration under this paragraph, he shall be registered under that Schedule, and not under this Schedule.

Notification of matters affecting continuance of registration

1 Any person registered under this Schedule who ceases to be registrable under this Act shall notify the Commissioners of that fact within thirty days of the day on which he does so.

2 A person registered under paragraph 4(2) above shall notify the Commissioners, within thirty days of the first occasion after his registration when he makes a relevant acquisition, that he has done so.

3 For the purposes of this paragraph a person ceases to be registrable under this Act where—

b in the case of a person who (having been registered under sub-paragraph (2) of paragraph 4 above) has not been such a person during the period of his registration, he ceases to have any intention of making relevant acquisitions.

Cancellation of registration

2 Subject to paragraph 7 below, where the Commissioners are satisfied that a person registered under this Schedule has ceased since his registration to be registrable under this Schedule, they may cancel his registration with effect from the day on which he so ceased or from such later date as may be agreed between them and him.

3 Where the Commissioners are satisfied that, on the day on which a person was registered under this Schedule, he—

a was not registrable under this Schedule; and

b in the case of a person registered under paragraph 4(2) above, did not have the intention by reference to which he was registered,

they may cancel his registration with effect from that day.

4 Subject to paragraph 7 below, where the Commissioners are satisfied that a person who has been registered under paragraph 4(2) above and is not for the time being liable to be registered under this Schedule—

a has not begun, by the date specified in his request to be registered, to make relevant acquisitions; or

b has contravened any condition of his registration,

they may cancel his registration with effect from the date so specified or, as the case may be, the date of the contravention or from such later date as may be agreed between them and him.

5 For the purposes of this paragraph a person is registrable under this Schedule at any time when he is liable to be registered under this Schedule or is a person who makes relevant acquisitions.

Conditions of cancellation

2 The Commissioners shall not, under paragraph 6(2) or (4) above, cancel a person’s registration with effect from any time unless they are satisfied that it is not a time when that person would be subject to a requirement, or entitled, to be registered under this Act.

3 Subject to sub-paragraph (4) below, the registration of a person who—

a is registered under paragraph 4 above; or

b would not, if he were not registered, be liable or entitled to be registered under any provision of this Act except paragraph 4 above,

shall not be cancelled with effect from any time before the 1st January which is, or next follows, the second anniversary of the date on which his registration took effect.

4 Sub-paragraph (3) above does not apply to cancellation under paragraph 6(3) or (4) above.

5 In determining for the purposes of this paragraph whether a person would be subject to a requirement, or entitled, to be registered at any time, so much of any provision of this Act as prevents a person from becoming liable or entitled to be registered when he is already registered or when he is so liable under any other provision shall be disregarded.

Exemption from registration

1 Notwithstanding the preceding provisions of this Schedule, where a person who makes or intends to make relevant acquisitions satisfies the Commissioners that any such acquisition would be an acquisition in pursuance of a transaction which would be zero-rated if it were a taxable supply by a taxable person, they may, if he so requests and they think fit, exempt him from registration under this Schedule until it appears to them that the request should no longer be acted upon or is withdrawn.

2 Where a person who is exempted under this paragraph from registration under this Schedule makes any relevant acquisition in pursuance of any transaction which would, if it were a taxable supply by a taxable person, be chargeable to tax otherwise than as a zero-rated supply, he shall notify the Commissioners of the change within thirty days of the date on which he made the acquisition.

Power to vary specified sums by order

9The Treasury may by order substitute for any of the sums for the time being specified in this Schedule such greater sums as they think fit.

Supplementary

10Any notification required under this Schedule shall be made in such form and shall contain such particulars as the Commissioners may by regulations prescribe.

11For the purposes of this Schedule an acquisition of goods from another member State is a relevant acquisition where—

a it is a taxable acquisition of goods other than goods which are subject to a duty of excise or consist in a new means of transport;

b it is an acquisition otherwise than in pursuance of a taxable supply and is treated, for the purposes of this Act, as taking place in the United Kingdom; and

c the event which, in relation to that acquisition, is the first relevant event for the purposes of taxing that acquisition occurs after the coming into force of this Schedule.

Matters to be treated as supplies of goods or services¶

^I10460 ¶

1 In Schedule 2 (matters to be treated as supplies of goods or services), after paragraph 5 there shall be inserted the following paragraph—

5A

1 Where, in a case not falling within paragraph 5(1) above, goods forming part of the assets of any business—

a are removed from any member State by or under the directions of the person carrying on the business; and

b are so removed in the course or furtherance of that business for the purpose of being taken to a place in a member State other than that from which they are removed,

then, whether or not the removal is or is connected with a transaction for a consideration, that is a supply of goods by that person.

2 Sub-paragraph (1) above does not apply—

a to the removal of goods from any member State in the course of their removal from one part of that member State to another part of the same member State; or

b to goods which have been removed from a place outside the member States for entry into the territory of the Community and are removed from a member State before the time when any Community customs debt in respect of any Community customs duty on their entry into that territory would be incurred.

2 In paragraph 7(2) of that Schedule (deemed supply where person ceases to be a taxable person)—

a in paragraph (a), for the words from “in respect of" to the end of the paragraph there shall be substituted “ has been allowed to him in respect of the supply of the goods, their acquisition from another member State or their importation from a place outside the member States ”; and

b in paragraph (b), for “were not acquired by him" there shall be substituted “ did not become his ”.

Special rules for valuation¶

^I4761 ¶

1 In Schedule 4, paragraphs 2 and 5 (valuation for purposes of tax on importation where persons connected and prompt payment discounts) shall cease to have effect.

2 After paragraph 3 of that Schedule there shall be inserted the following paragraph—

3A

1 Where—

a any goods whose supply involves their removal to the United Kingdom—

i are charged in connection with their removal to the United Kingdom with a duty of excise or with car tax; or

ii on that removal are subject, in accordance with any provision for the time being having effect for transitional purposes in connection with the accession of any State to the European Communities, to any Community customs duty or agricultural levy of the Economic Community;

b the time of supply of any dutiable goods, or of any goods which comprise a mixture of dutiable goods and other goods, is determined under section 35(4) of this Act to be the duty point,

then the value of the supply shall be taken for the purposes of this Act to be the sum of its value apart from this paragraph and the amount, so far as not already included in that value, of the duty, tax or, as the case may be, agricultural levy which has been or is to be paid in respect of the goods.

2 In this paragraph “dutiable goods” and “duty point” have the same meanings as in section 35 of this Act.

3 In paragraph 7 of that Schedule (valuation of supplies where there is no consideration)—

a at the beginning there shall be inserted “ (1) ”;

b in sub-paragraph (b), after “paragraph 5(1)" there shall be inserted “ or 5A ”; and

c for the words from “the value" to the end of the paragraph there shall be substituted—

then, except where paragraph 10 below applies, the value of the supply shall be determined as follows.

2 The value of the supply shall be taken to be—

a such consideration in money as would be payable by the person making the supply if he were, at the time of the supply, to purchase goods identical in every respect (including age and condition) to the goods concerned; or

b where the value cannot be ascertained in accordance with paragraph (a) above, such consideration in money as would be payable by that person if he were, at that time, to purchase goods similar to, and of the same age and condition as, the goods concerned; or

c where the value can be ascertained in accordance with neither paragraph (a) nor paragraph (b) above, the cost of producing the goods concerned if they were produced at that time.

3 For the purposes of sub-paragraph (2) above the amount of consideration in money that would be payable by any person if he were to purchase any goods shall be taken to be the amount that would be so payable after the deduction of any amount included in the purchase price in respect of value added tax on the supply of the goods to that person.

4 After paragraph 8 of that Schedule there shall be inserted the following paragraph—

5 For paragraph 11 of that Schedule (rates of exchange) there shall be substituted the following paragraph—

11

1 Subject to the following provisions of this paragraph, where—

a there is a supply of goods or services; and

b any sum relevant for determining the value of the supply is expressed in a currency other than sterling,

then, for the purpose of valuing the supply, that sum is to be converted into sterling at the market rate which, on the relevant day, would apply in the United Kingdom to a purchase with sterling by the person to whom they are supplied of that sum in the currency in question.

2 Where the Commissioners have published a notice which, for the purposes of this paragraph, specifies—

a rates of exchange; or

b methods of determining rates of exchange,

a rate specified in or determined in accordance with the notice, as for the time being in force, shall apply (instead of the rate for which sub-paragraph (1) above provides) in the case of any supply by a person who opts, in such manner as may be allowed by the Commissioners, for the use of that rate in relation to that supply.

3 An option for the purposes of sub-paragraph (2) above for the use of a particular rate or method of determining a rate—

a shall not be exercised by any person except in relation to all such supplies by him as are of a particular description or after a particular date; and

b shall not be withdrawn or varied except with the consent of the Commissioners and in such manner as they may require.

4 In specifying a method of determining a rate of exchange a notice published by the Commissioners under sub-paragraph (2) above may allow a person to apply to the Commissioners for the use, for the purpose of valuing some or all of his supplies, of a rate of exchange which is different from any which would otherwise apply.

5 On an application made in accordance with provision contained in a notice under sub-paragraph (4) above, the Commissioners may authorise the use with respect to the applicant of such a rate of exchange, in such circumstances, in relation to such supplies and subject to such conditions as they think fit.

6 A notice published by the Commissioners for the purposes of this paragraph may be withdrawn or varied by a subsequent notice published by the Commissioners.

7 The time by reference to which the appropriate rate of exchange is to be determined for the purpose of valuing any supply is the time when the supply takes place; and, accordingly, the day on which it takes place is the relevant day for the purposes of sub-paragraph (1) above.

^I4862 ¶

After Schedule 4 there shall be inserted the following Schedule—

SCHEDULE 4A

Valuation of Acquisitions from other member States - Special Cases

1 Where, in the case of the acquisition of any goods from another member State—

a the relevant transaction is for a consideration in money;

b the value of the relevant transaction is (apart from this paragraph) less than the transaction’s open market value;

c the supplier and the person who acquires the goods are connected; and

d that person is not entitled under sections 14 and 15 of this Act to credit for all the tax on the acquisition,

the Commissioners may direct that the value of the relevant transaction shall be taken to be its open market value.

2 A direction under this paragraph shall be given by notice in writing to the person by whom the acquisition in question is made; but no direction may be given more than three years after the relevant time.

3 A direction given to a person under this paragraph in respect of a transaction may include a direction that the value of any transaction—

a in pursuance of which goods are acquired by him from another member State after the giving of the notice, or after such later date as may be specified in the notice; and

b as to which the conditions in paragraphs (a) to (d) of sub-paragraph (1) above are satisfied,

shall be taken to be its open market value.

4 For the purposes of this paragraph the open market value of a transaction in pursuance of which goods are acquired from another member State shall be taken to be the amount which would fall to be taken as its value under section 10A(3) of this Act if it were for such consideration in money as would be payable by a person standing in no such relationship with any person as would affect that consideration.

5 For the purposes of this paragraph any question whether a person is connected with another shall be determined in accordance with section 839 of the Income and Corporation Taxes Act 1988.

6 A direction under this paragraph may be varied or withdrawn by the Commissioners by a further direction given by notice in writing.

1 Where, in such cases as the Commissioners may by regulations prescribe, goods acquired in the United Kingdom from another member State—

a are charged in connection with their removal to the United Kingdom with a duty of excise or with car tax; or

b on that removal are subject, in accordance with any provision for the time being having effect for transitional purposes in connection with the accession of any State to the European Communities, to any Community customs duty or agricultural levy of the Economic Community,

then the value of the relevant transaction shall be taken for the purposes of this Act to be the sum of its value apart from this paragraph and the amount, so far as not already included in that value, of the duty, tax or, as the case may be, agricultural levy which has been or is to be paid in respect of those goods.

2 Sub-paragraph (1) above shall not require the inclusion of any amount of duty or agricultural levy in the value of a transaction in pursuance of which there is an acquisition of goods which, under subsection (4) of section 35 of this Act, is treated as taking place before the time which is the duty point within the meaning of that section.

1 Where goods are acquired from another member State in pursuance of anything which is treated as a supply for the purposes of this Act by virtue of paragraph 5(1) or 5A of Schedule 2 to this Act, the value of the relevant transaction shall be determined, in a case where there is no consideration, as follows.

2 The value of the transaction shall be taken to be—

a such consideration in money as would be payable by the supplier if he were, at the time of the acquisition, to purchase goods identical in every respect (including age and condition) to the goods concerned; or

b where the value cannot be ascertained in accordance with paragraph (a) above, such consideration in money as would be payable by the supplier if he were, at that time, to purchase goods similar to, and of the same age and condition as, the goods concerned; or

c where the value can be ascertained in accordance with neither paragraph (a) nor paragraph (b) above, the cost of producing the goods concerned if they were produced at that time.

1 Subject to the following provisions of this paragraph, where—

a goods are acquired from another member State; and

b any sum relevant for determining the value of the relevant transaction is expressed in a currency other than sterling,

then, for the purpose of valuing the relevant transaction, that sum is to be converted into sterling at the market rate which, on the relevant day, would apply in the United Kingdom to a purchase with sterling by the person making the acquisition of that sum in the currency in question.

2 Where the Commissioners have published a notice which, for the purposes of this paragraph, specifies—

a rates of exchange; or

b methods of determining rates of exchange,

a rate specified in or determined in accordance with the notice, as for the time being in force, shall apply (instead of the rate for which sub-paragraph (1) above provides) in the case of any transaction in pursuance of which goods are acquired by a person who opts, in such manner as may be allowed by the Commissioners, for the use of that rate in relation to that transaction.

3 An option for the purposes of sub-paragraph (2) above for the use of a particular rate or method of determining a rate—

a shall not be exercised by any person except in relation to all such transactions in pursuance of which goods are acquired by him from another member State as are of a particular description or after a particular date; and

b shall not be withdrawn or varied except with the consent of the Commissioners and in such manner as they may require.

4 In specifying a method of determining a rate of exchange a notice published by the Commissioners under sub-paragraph (2) above may allow a person to apply to the Commissioners for the use, for the purpose of valuing some or all of the transactions in pursuance of which goods are acquired by him from another member State, of a rate of exchange which is different from any which would otherwise apply.

5 On an application made in accordance with provision contained in a notice under sub-paragraph (4) above, the Commissioners may authorise the use with respect to the applicant of such a rate of exchange, in such circumstances, in relation to such transactions and subject to such conditions as they think fit.

6 A notice published by the Commissioners for the purposes of this paragraph may be withdrawn or varied by a subsequent notice published by the Commissioners.

7 Where goods are acquired from another member State, the appropriate rate of exchange is to be determined for the purpose of valuing the relevant transaction by reference to the relevant time; and, accordingly, the day on which that time falls is the relevant day for the purposes of sub-paragraph (1) above.

5In this Schedule—

“relevant transaction”, in relation to any acquisition of goods from another member State, means the transaction in pursuance of which the goods are acquired;
“the relevant time”, in relation to any such acquisition, means—
1. if the person by whom the goods are acquired is not a taxable person and the time of acquisition does not fall to be determined in accordance with regulations made under section 8B(3) above, the time of the event which, in relation to that acquisition, is the first relevant event for the purposes of taxing the acquisition; and
2. in any other case, the time of acquisition.

Zero-rated supplies¶

^I10563 ¶

1 In Schedule 5 (zero-rated supplies), in Note (1) of Group 14 (goods imported by handicapped person and charities), for “imported" there shall be substituted “ acquired from another member State or imported from a place outside the member States ”.

2 In that Schedule, in Item 1 of Group 15 (supply of imported goods before entry), the words “of imported goods" shall be omitted, and at the end of the Item there shall be inserted “ of goods imported from a place outside the member States. ”

3 In that Schedule—

a in Item 4 of Group 15 (supply to overseas authority etc. of goods used in the United Kingdom for the manufacture of goods for export), after “for export" there shall be inserted “ to places outside the member States. ”; and

b in Note (6) to Group 15 (restriction on application of Item 4), at the end there shall be inserted “ another member State, any part of or place in another member State, the government of any such member State, part or place, a body established in another member State or a person who carries on business, or has a place of business, in another member State. ”

4 In that Schedule, in Item 3 of Group 16 (exports by charities), at the end there shall be inserted “ to a place outside the member States. ”

Administration, collection and enforcement¶

^I10664 ¶

1 In paragraph 2 of Schedule 7 (regulations about accounting for and paying tax), in sub-paragraph (1)—

a for “to other taxable persons to provide them" there shall be substituted “ in such cases, or to persons of such descriptions, as may be so specified to provide the persons supplied ”; and

b for the words from “the tax chargeable" onwards there shall be substituted “ and of the persons by and to whom the goods or services are supplied and containing such an indication as may be required by the regulations of whether value added tax is chargeable on the supply under this Act or the law of another member State and such particulars of any value added tax which is so chargeable as may be so specified. ”

2 In sub-paragraph (2) of that paragraph, for “and may allow for that time to be extended" there shall be substituted “ or at such time before the supply is treated as taking place as may be required by the regulations, and may allow for an invoice to be issued later than required by the regulations where it is issued ”.

3 After sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraphs—

2A Regulations under this paragraph may require the submission to the Commissioners by taxable persons, at such times and intervals, in such cases and in such form and manner as may be—

a specified in the regulations; or

b determined by the Commissioners in accordance with powers conferred by the regulations,

of statements containing such particulars of transactions in which the taxable persons are concerned and which involve the movement of goods between member States, and of the persons concerned in those transactions, as may be prescribed.

2B Regulations under this paragraph may make provision in relation to cases where—

a any goods which are subject to a duty of excise or consist in a new means of transport are acquired in the United Kingdom from another member State by any person;

b the acquisition of the goods is a taxable acquisition and is not in pursuance of a taxable supply; and

c that person is not a taxable person at the time of the acquisition,

for requiring the person who acquires the goods to give to the Commissioners such notification of the acquisition, and for requiring any tax on the acquisition to be paid, at such time and in such form or manner as may be specified in the regulations.

2C Regulations under this paragraph may provide for a notification required by virtue of sub-paragraph (2B) above—

a to contain such particulars relating to the notified acquisition and any tax chargeable thereon as may be specified in the regulations; and

b to be given, in prescribed cases, by the personal representative, trustee in bankruptcy, receiver, liquidator or person otherwise acting in a representative capacity in relation to the person who makes that acquisition.

4 After sub-paragraph (3A) of that paragraph there shall be inserted the following sub-paragraphs—

3B Regulations under this paragraph may make provision whereby, in such cases and subject to such conditions as may be determined by or under the regulations—

a tax in respect of any supply by a taxable person of dutiable goods or of a chargeable vehicle within the meaning of the Car Tax Act 1983; or

b tax in respect of an acquisition by any person from another member State of dutiable goods or of such a vehicle,

may be accounted for and paid, and any question as to the inclusion of any duty, car tax or agricultural levy in the value of the supply or acquisition determined, by reference to the duty point or, as the case may be, the time when the car tax becomes due or by reference to such later time as the Commissioners may allow.In this sub-paragraph “dutiable goods” and “duty point” have the same meanings as in section 35 of this Act.

3C Regulations under this paragraph may provide for the time when any invoice described in regulations made for the purposes of section 5(3B)(b) or 8B(1)(b) of this Act is to be treated as having been issued and provide for tax accounted for and paid by reference to the date of issue of such an invoice to be confined to tax on so much of the value of the supply or acquisition as is shown on the invoice.

^I10765 ¶

In paragraph 3 of that Schedule (computer records of particulars contained in tax invoices), after sub-paragraph (2) there shall be inserted the following sub-paragraph—

^I10866 ¶

1 In sub-paragraph (2A) of paragraph 4 of that Schedule (power of Commissioners to assess tax due), after “Schedule 1 to this Act" there shall be inserted “ , paragraph 6(2) of Schedule 1A to this Act or paragraph 6(2) or (3) of Schedule 1B to this Act ”.

2 In sub-paragraph (5) of that paragraph (time limits)—

a after the word “period", in the first place where it occurs, there shall be inserted “ must be made within the time limits provided for in section 22 of the Finance Act 1985 (ultimate time limits on assessments) and ”; and

b for the words after paragraph (b) there shall be substituted— “ but (subject to that section) where further such evidence comes to the Commissioners’ knowledge after the making of an assessment under sub-paragraph (1), (2) or (2A) above, another assessment may be made under that sub-paragraph, in addition to any earlier assessment. ”

3 In sub-paragraph (6) of that paragraph (deficiency of goods)—

a for the words from “acquired" to the word “him", in the first place where it occurs, there shall be substituted “ in the course or furtherance of a business carried on by him, been supplied with any goods, acquired any goods from another member State or otherwise obtained possession or control of any goods or has, in the course or furtherance of such a business, imported any goods from a place outside the member States, ”; and

b for “from the United Kingdom otherwise than" there shall be substituted “ or otherwise removed from the United Kingdom without being exported or so removed ”.

^I10967 ¶

After paragraph 4 of that Schedule there shall be inserted the following paragraph—

4A Assessment of tax on acquisitions of certain goods by non-taxable persons

1 Where a person who has, at a time when he was not a taxable person, acquired in the United Kingdom from another member State any goods subject to a duty of excise or consisting in a new means of transport and—

a no notification of that acquisition has been given to the Commissioners by the person who is required to give one by regulations under paragraph 2(2B) above;

b the Commissioners are not satisfied that the particulars relating to the acquisition in any notification given to them are accurate and complete; or

c there has been a failure to supply the Commissioners with the information necessary to verify the particulars contained in any such notification,

they may assess the amount of tax due on the acquisition to the best of their judgment and notify their assessment to that person.

2 An assessment under this paragraph must be made within the time limits provided for in section 22 of the Finance Act 1985 (ultimate time limits on assessments) and shall not be made after whichever is the later of the following—

a two years after the time when a notification of the acquisition of the goods in question is given to the Commissioners by the person who is required to give one by regulations under paragraph 2(2B) above;

b one year after evidence of the facts, sufficient in the opinion of the Commissioners to justify the making of the assessment, comes to their knowledge,

but (subject to that section) where further such evidence comes to the Commissioners’ knowledge after the making of an assessment under this paragraph, another assessment may be made under this paragraph, in addition to any earlier assessment.

3 Where an amount has been assessed and notified to any person under this paragraph, it shall, subject to the provisions of this Act as to appeals, be deemed to be an amount of tax due from him and may be recovered accordingly, unless, or except to the extent that, the assessment has subsequently been withdrawn or reduced.

4 For the purposes of this paragraph notification to a personal representative, trustee in bankruptcy, receiver, liquidator or person otherwise acting in a representative capacity in relation to the person who made the acquisition in question shall be treated as notification to the person in relation to whom he so acts.

^I11068 ¶

In paragraph 5(2) of that Schedule (requirement of security), at the beginning there shall be inserted “ Without prejudice to their power under section 32A(7) of this Act, ”.

^I11169 ¶

In paragraph 6 of that Schedule (enforcement and recovery of tax), after sub-paragraph (9) there shall be inserted the following sub-paragraph—

^I11270 ¶

In paragraph 7(1) of that Schedule (duty to keep records), at the end there shall be inserted “ and every person who, at a time when he is not a taxable person, acquires in the United Kingdom from another member State any goods which are subject to a duty of excise or consist in a new means of transport shall keep such records with respect to the acquisition (if it is a taxable acquisition and is not in pursuance of a taxable supply) as the Commissioners may so require. ”

^I11371 ¶

1 In sub-paragraph (2) of paragraph 8 of that Schedule (furnishing of information and production of documents)—

a after the word “made", in the first place where it occurs, there shall be inserted “ every person who is concerned (in whatever capacity) in the acquisition of goods from another member State ”;

b after the word “goods", in the second place where it occurs, there shall be inserted “ from a place outside the member States ”;

c in paragraph (a) and in the words after paragraph (b), after the word “supply", in each place, there shall be inserted “ acquisition ”.

2 In sub-paragraph (4) of that paragraph, for the words from “or the importation of goods" onwards there shall be substituted “ to the acquisition of goods from another member State or to the importation of goods from a place outside the member States shall be taken to include any profit and loss account and balance sheet relating to the business in the course of which the goods or services are supplied or the goods are imported or (in the case of an acquisition from another member State) relating to any business or other activities of the person by whom the goods are acquired. ”

^I11472 ¶

In paragraph 9(1) of that Schedule (power to take samples), after “supplies goods" there shall be inserted “ or acquires goods from another member State ”.

^I11573 ¶

In paragraph 10(2) of that Schedule (power of entry to premises used in connection with taxable supplies)—

a after “supplies" there shall be inserted “ or with the acquisition of goods under taxable acquisitions from other member States ”; and

b after “supplied" there shall be inserted “ or acquired ”.

^I11674 ¶

In paragraph 11(1) of that Schedule (evidence by certificate), after paragraph (b) there shall be inserted the following paragraph—

Transitional provisions¶

^I11775 ¶

In paragraph 6 of Schedule 10 (relief for vehicles in respect of which purchase tax was remitted), for the words from “as imported" to the end of the paragraph there shall be substituted “ for the purposes of value added tax in respect of goods acquired from another member State or, as the case may be, value added tax in respect of goods imported from places outside the member States, as so acquired or imported ”.

^F37Part II ¶

Introduction¶

^I11876 ¶

Chapter II of Part I of the Finance Act 1985 (enforcement provisions in relation to value added tax) shall be amended in accordance with the following provisions of this Part of this Schedule.

Civil penalties¶

^I11977 ¶

1 In subsection (2) of section 13 (tax evasion)—

a in paragraph (b) (evasion by obtaining refund), after “under" there shall be inserted “ section 20A, ”; and

b after that paragraph there shall be inserted the following paragraph—

2 In subsection (3)(b) of that section, after “paragraphs (b)" there shall be inserted “ (ba) ”.

^I12078 ¶

In section 14(5B)(b) (references to input tax for purposes of application of section in relation to certain public bodies), after “supplies" there shall be inserted “ acquisitions ”.

^I12179 ¶

After section 14A there shall be inserted the following section—

14B Inaccuracies in EC sales statements.

1 Where—

a an EC sales statement containing a material inaccuracy has been submitted by any person to the Commissioners;

b the Commissioners have, within six months of discovering the inaccuracy, issued that person with a written warning identifying that statement and stating that future inaccuracies might result in the service of a notice for the purposes of this section;

c another EC sales statement containing a material inaccuracy (“the second inaccurate statement”) has been submitted by that person to the Commissioners;

d the submission date for the second inaccurate statement fell within the period of two years beginning with the day after the warning was issued;

e the Commissioners have, within six months of discovering the inaccuracy in the second inaccurate statement, served that person with a notice identifying that statement and stating that future inaccuracies will attract a penalty under this section;

f yet another EC sales statement containing a material inaccuracy is submitted by that person to the Commissioners; and

g the submission date for the statement falling within paragraph (f) above is not more than two years after the service of the notice or the date on which any previous statement attracting a penalty was submitted by that person to the Commissioners,

that person shall be liable to a penalty of £100 in respect of the statement so falling.

2 Subject to subsections (3) and (4) below, an EC sales statement shall be regarded for the purposes of this section as containing a material inaccuracy if, having regard to the matters required to be included in the statement, the inclusion or omission of any information from the statement is misleading in any material respect.

3 An inaccuracy contained in an EC sales statement shall not be regarded as material for the purposes of this section if—

a the person who submitted the statement satisfies the Commissioners or, on appeal, a value added tax tribunal that there is a reasonable excuse for the inaccuracy; or

b at a time when he had no reason to believe that enquiries were being made by the Commissioners into his affairs, that person furnished the Commissioners with full information with respect to the inaccuracy.

4 Where, by reason of the submission of a statement containing a material inaccuracy by any person, that person is convicted of an offence (whether under the principal Act or otherwise), the inaccuracy to which the conviction relates shall be regarded for the purposes of this section as not being material.

5 Where the only statement identified in a warning or notice served for the purposes of subsection (1)(b) or (e) above is one which (whether by virtue of either or both of subsections (3) and (4) above or otherwise) is regarded as containing no material inaccuracies, that warning or notice shall be deemed not to have been issued or served for those purposes.

6 In this section—

“EC sales statement” means any statement which is required to be submitted to the Commissioners in accordance with regulations under paragraph 2(2A) of Schedule 7 to the principal Act; and
“submission date”, in relation to such a statement, means whichever is the earlier of the last day for the submission of the statement to the Commissioners in accordance with those regulations and the day on which it was in fact submitted to the Commissioners.

^I12280 ¶

1 In subsection (1) of section 15 (penalties for breach of regulatory provisions)—

a in paragraph (a), after “principal Act" there shall be inserted “ with paragraph 3 of Schedule 1A to that Act or with paragraph 3 or 8(2) of Schedule 1B to that Act ”;

b after paragraph (a) there shall be inserted the following paragraph—

2 In subsection (3) of that section (meaning of “relevant tax")—

a after “means" there shall be inserted “ (subject to subsections (3B) and (3C) below) ”;

b in paragraph (a), after “principal Act" there shall be inserted “ with paragraph 3 of Schedule 1A to that Act or with paragraph 3 of Schedule 1B to that Act ”;

c in paragraph (b), after “principal Act" there shall be inserted “ or with sub-paragraph (2) of paragraph 8 of Schedule 1B to that Act ”;

d after paragraph (b) there shall be inserted the following paragraph—

3 In subsection (3A) of that section (the specified percentage)—

a in paragraph (a), after “nine months" there shall be inserted “ or where the relevant tax is given by paragraph (ba) of that subsection and the failure in question did not continue for more than three months ”; and

b in paragraph (b), for “so given" there shall be substituted “ given by paragraph (a) or (b) of subsection (3) above ” and after “eighteen months" there shall be inserted “ or where that tax is given by paragraph (ba) of that subsection and the failure in question continued for more than three months but did not continue for more than six months ”.

4 After subsection (3A) of that section there shall be inserted the following subsections—

3B Where—

a the amount of tax which (apart from this subsection) would be treated for the purposes of subsection (1) above as the relevant tax in relation to a failure mentioned in subsection (3)(a) above includes tax on an acquisition of goods from another member State; and

b the Commissioners are satisfied that value added tax has been paid under the law of another member State on the supply in pursuance of which those goods were acquired,

then, in the determination of the amount of the relevant tax in relation to that failure, an allowance shall be made for the value added tax paid under the law of that member State; and the amount of the allowance shall not exceed the amount of tax due on the acquisition but shall otherwise be equal to the amount of value added tax which the Commissioners are satisfied has been paid on that supply under the law of that member State.

3C Where—

a the amount of tax which (apart from this subsection) would be treated for the purposes of subsection (1) above as the relevant tax in relation to a failure mentioned in subsection (3)(a) above includes tax chargeable by virtue of section 6(2B) of the principal Act on any supply; and

b the Commissioners are satisfied that value added tax has been paid under the law of another member State on that supply,

then, in the determination of the amount of the relevant tax in relation to that failure, an allowance shall be made for the tax paid under the law of the other member State; and the amount of the allowance shall not exceed the amount of tax chargeable by virtue of section 6(2B) on that supply but shall otherwise be equal to the amount of tax which the Commissioners are satisfied has been paid on that supply under the law of that other member State.

^I12381 ¶

In section 17(1) (penalties for breach of regulatory provisions)—

a in paragraph (a), after “principal Act" there shall be inserted “ paragraph 5 of Schedule 1A to that Act or paragraph 5 of Schedule 1B to that Act ”;

b after paragraph (a) there shall be inserted the following paragraph—

^I12482 ¶

After section 17 there shall be inserted the following section—

17A Penalties for failure to submit EC sales statement.

1 If by the last day on which a person is required in accordance with regulations under the principal Act to submit an EC sales statement for any prescribed period to the Commissioners, the Commissioners have not received that statement, that person shall be regarded for the purposes of this section as being in default in relation to that statement until it is submitted.

2 Where any person is in default in respect of any EC sales statement the Commissioners may serve notice on him stating—

a that he is in default in relation to the statement specified in the notice;

b that (subject to the liability mentioned in paragraph (d) below) no action will be taken if he remedies the default before the end of the period of fourteen days beginning with the day after the service of the notice;

c that if the default is not so remedied, that person will become liable in respect of his default to penalties calculated on a daily basis from the end of that period in accordance with the following provisions of this section; and

d that that person will become liable, without any further notices being served under this section, to penalties under this section if he commits any more defaults before a period of twelve months has elapsed without his being in default.

3 Where a person has been served with a notice under subsection (2) above, he shall become liable under this section—

a if the statement to which the notice relates is not submitted before the end of the period of fourteen days beginning with the day after the service of the notice, to a penalty in respect of that statement; and

b whether or not that statement is so submitted, to a penalty in respect of any EC sales statement the last day for the submission of which is after the service and before the expiry of the notice and in relation to which he is in default.

4 For the purposes of this section a notice served on any person under subsection (2) above shall continue in force—

a except in a case falling within paragraph (b) below, until the end of the period of twelve months beginning with the day after the service of the notice; and

b where at any time in that period of twelve months that person is in default in relation to any EC sales statement other than one in relation to which he was in default when the notice was served, until a period of twelve months has elapsed without that person becoming liable to a penalty under this section in respect of any EC sales statement.

5 The amount of any penalty to which a person who has been served with a notice under subsection (2) above is liable under this section shall be whichever is the greater of £50 and—

a in the case of a liability in respect of the statement to which the notice relates, a penalty of £5 for every day for which the default continues after the end of the period of fourteen days mentioned in subsection (3)(a) above, up to a maximum of one hundred days; and

b in the case of a liability in respect of any other statement, a penalty of the relevant amount for every day for which the default continues, up to a maximum of one hundred days.

6 In subsection (5)(b) above “the relevant amount”, in relation to a person served with a notice under subsection (2) above, means—

a £5, where (that person not having been liable to a penalty under this section in respect of the statement to which the notice relates) the statement in question is the first statement in respect of which that person has become liable to a penalty while the notice has been in force;

b £10, where the statement in question is the second statement in respect of which he has become so liable while the notice has been in force (counting the statement to which the notice relates where he has become liable in respect of that statement); and

c £15, in any other case.

7 If a person who, apart from this subsection, would be liable to a penalty under this section satisfies the Commissioners or, on appeal a value added tax tribunal, that—

a an EC sales statement has been submitted at such a time and in such a manner that it was reasonable to expect that it would be received by the Commissioners within the appropriate time limit; or

b there is a reasonable excuse for such a statement not having been dispatched,

he shall be treated for the purposes of this Act as not having been in default in relation to that statement and, accordingly, he shall not be liable to any penalty under this section in respect of that statement and any notice served under subsection (2) above exclusively in relation to the failure to submit that statement shall have no effect for the purposes of this section.

8 If it appears to the Treasury that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the sums specified in subsections (5) and (6) above were varied, they may by order substitute for the sums for the time being specified in those subsections such other sums as appear to them to be justified by the change; but an order under this section shall not apply to any default in relation to a statement the last day for the submission of which was before the order comes into force.

9 A statutory instrument containing an order under subsection (8) above shall be subject to annulment in pursuance of a resolution of the House of Commons.

10 In this section “EC sales statement” means any statement which is required to be submitted to the Commissioners in accordance with regulations under paragraph 2(2A) of Schedule 7 to the principal Act.

Interest on tax¶

^I12583 ¶

In section 18(1)(c) (interest recovered or recoverable on assessment), after “principal Act" there shall be inserted “ or under paragraph 8 of Schedule 1B to that Act ”.

Assessments¶

^I12684 ¶

1 In subsection (1) of section 21 (assessment to penalty), for “17", in each place where it occurs, there shall be substituted “ 17A ”.

2 After subsection (4) of that section there shall be inserted the following subsection—

3 In subsection (5) of that section (notice of assessment while penalty period continuing), after “section 17" there shall be inserted “ or section 17A ”.

4 In subsection (6) of that section (remedying of failure etc. after assessment)—

a after the words “section 17", in the first place where they occur, there shall be inserted “ or section 17A ”;

b in paragraph (a), for “falling within section 17(1) above" there shall be substituted “ or default falling within section 17(1) or section 17A(1) above ”; and

c in the words after paragraph (b), after “section 17" there shall be inserted “ section 17A ”.

^I12785 ¶

1 In subsection (1) of section 22 (time limits for assessments)—

a in paragraph (a), after “paragraph 4" there shall be inserted “ or paragraph 4A ”; and

b after “importation" there shall be inserted “ or acquisition ”.

2 In subsection (2) of that section, after “beginning" there shall be inserted—

3 In subsection (7) of that section, after “paragraph 4" there shall be inserted “ or sub-paragraph (2)(b) of paragraph 4A ”.

^I12886 ¶

In section 33(5)(a) (interpretation and construction of Chapter II), for “17" there shall be substituted “ 17A ”.

Part III Consequential amendments of other enactments¶

The Diplomatic Privileges Act 1964 (c. 81)¶

^I2887In section 2(5A) of the Diplomatic Privileges Act 1964 (construction of references to certain duties), at the end there shall be inserted “ and to value added tax charged in accordance with section 2A or 2B of the Value Added Tax Act 1983 (acquisitions from other member States and importations from outside the European Union) ”.

The Commonwealth Secretariat Act 1966 (c. 10)¶

^I2988In paragraph 10 of the Schedule to the Commonwealth Secretariat Act 1966 (immunities and privileges), after sub-paragraph (1) there shall be inserted the following sub-paragraph—

The Consular Relations Act 1968 (c. 18)¶

^I3089

1 In section 1(8A) of the Consular Relations Act 1968 (references to customs duties), at the end there shall be inserted “ and to value added tax charged in accordance with section 2A or 2B of the Value Added Tax Act 1983 (acquisitions from other member States and importations from outside the European Union) ”.

2 In section 8(1) of that Act (refund of duty on hydrocarbon oils), after “importation" there shall be inserted “ or acquisition from another member State ”.

The International Organisations Act 1968 (c. 48)¶

^I3190In Schedule 1 to the International Organisations Act 1968 (privileges and immunities), in paragraph 19 (interpretation), after paragraph (b) there shall be inserted the following paragraph—

The Vehicles (Excise) Act 1971 (c. 10)¶

^F3891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Diplomatic and other Privileges Act 1971 (c. 64)¶

^I3292In section 1 of the Diplomatic and other Privileges Act 1971 (refunds in respect of hydrocarbon oil), after subsection (4) there shall be inserted the following subsection—

The Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)¶

^I3393In section 13(4) of the Customs and Excise Duties (General Reliefs) Act 1979 (personal reliefs), in the definition of “value added tax", after “on the importation of goods" there shall be inserted “ from places outside the member States or on the acquisition of goods from member States other than the United Kingdom ”.

The Finance Act 1986 (c. 41)¶

^I3494In section 9 of the Finance Act 1986 (fuel for private use)—

a in subsection (3), after paragraph (a) there shall be inserted the following paragraph—

b in subsection (5), after “supply" there shall be inserted “ acquisition ”.

The Income and Corporation Taxes Act 1988 (c. 1)¶

^I3595In section 827(1)(a) of the Income and Corporation Taxes Act 1988 (deduction of VAT penalties under sections 13 to 17 of the ^M30Finance Act 1985), for “17" there shall be substituted “ 17A ”.

SCHEDULE 4 ¶

Car tax: abolition of fiscal frontiers

Section 18.

1The ^M31Car Tax Act 1983 shall be amended in accordance with the following provisions of this Schedule.

1 In subsection (1) of section 1 (vehicles charged to tax), for the words from “all" to the end of the subsection there shall be substituted—

2 For subsection (3) of that section there shall be substituted the following subsection—

3 For the purposes of this section—

a a vehicle is imported into the United Kingdom from a place outside European Union if it is brought into the United Kingdom otherwise than from another member State;

b a vehicle is acquired in the United Kingdom from another member State if it is treated as acquired from another member State for the purposes of the Value Added Tax Act 1983 and the acquisition falls, by virtue of section 8C(2) of that Act, to be treated for those purposes as taking place in the United Kingdom;

c a vehicle is registered if it is registered under the Vehicles (Excise) Act 1971; and

d a vehicle which has been brought into the United Kingdom becomes registrable where it becomes chargeable, for the first time after its arrival in the United Kingdom, with a duty of excise under that Act of 1971.

3In section 4 (registration of makers and importers of chargeable vehicles)—

a in subsection (1), for “imports" there shall be substituted “ brings into the United Kingdom ”; and

b in subsection (3), for “import" there shall be substituted “ bring into the United Kingdom ”.

1 In subsection (1) of section 5 (person by whom car tax payable)—

a in paragraph (a), for “imported" there shall be substituted “ brought into the United Kingdom ”;

b in paragraph (b), after “imported" there shall be inserted “ into the United Kingdom from outside European Union”; and

c after paragraph (b) there shall be inserted the following paragraphs—

2 After subsection (5) of that section there shall be inserted the following subsections—

5A Subject to section 6(2) below, where tax is charged otherwise than by virtue of section 1(1)(b) above and the person by whom it is payable is not registered under this Act—

a it shall become due at the same time as the vehicle in question is charged with the tax; but

b it shall not become payable until the time provided for by regulations under this Act.

5B The time when a chargeable vehicle is to be treated for the purposes of this section as acquired from another member State shall—

a where the acquisition is in pursuance of a taxable supply, be the time when that supply is treated for the purposes of the Value Added Tax Act 1983 as taking place; and

b in any other case, be determined in accordance with the provisions of section 8B(1) and (2) of that Act (time of acquisition).

5C Subsection (3) of section 1 above shall apply for the purposes of this section as it applies for the purposes of that section and, in this section, “taxable supply” has the same meaning as in the Value Added Tax Act 1983.

1 In section 7 (remission of tax on certain vehicles), for the word “exported", in each place where it occurs, there shall be substituted “ removed from the United Kingdom ”.

2 In subsection (1) of that section—

a for “exportation" there shall be substituted “ its removal from the United Kingdom ”;

b for the word “imported", in the first place where it occurs, there shall be substituted “ brought into the United Kingdom ”; and

c for “and not previously imported" there shall be substituted “ in respect of which tax has not previously been paid. ”

3 In subsection (2) of that section, for “acquires" there shall be substituted “ obtains ”.

4 In subsection (3) of that section, for “acquired" there shall be substituted “ obtained ”.

5 In subsection (4)(a) of that section, for “imported" there shall be substituted “ brought into the United Kingdom ”.

6 In subsection (4B) of that section—

a in paragraph (b), for “imports" there shall be substituted “ brings ”; and

b in paragraph (c) and in the words after that paragraph, for the word “acquires", in each place where it occurs, there shall be substituted “ obtains ”.

6In section 9 (interpretation), after “in this Act-" there shall be inserted the following definition—

1 In Schedule 1 (administration and collection), after paragraph 1 there shall be inserted the following paragraph—

Notification of liability to tax

1 The Commissioners may by regulations make provision in relation to persons who are not registered for requiring any such person from whom tax has become due to furnish to them such a document notifying them of his liability, at such time after the liability arose and in such form and manner, as may be specified in or determined under the regulations.

2 Regulations under this paragraph may—

a require the document which is to be furnished to the Commissioners to contain such particulars relating to the circumstances in which the tax has become due as may be described in the regulations;

b provide, in prescribed cases, for the obligation to furnish that document to the Commissioners to fall on the personal representative, trustee in bankruptcy, receiver, liquidator or person otherwise acting in a representative capacity in relation to the person from whom the tax has become due; and

c make different provision for different cases.

2 In paragraph 2(2)(a) of that Schedule (time limits for assessments), for the words “the time when the amount became payable" there shall be substituted

3 In paragraph 6(1) of that Schedule—

a in sub-paragraph (1), after “ chargeable vehicles ” there shall be inserted “ or with the movement of such vehicles between member States ”; and

b in sub-paragraph (2), after “who" there shall be inserted “ in a case in relation to which he is not required to furnish to the Commissioners any document in accordance with regulations under paragraph 1A above, ”.

4 In paragraph 7 of that Schedule—

a in sub-paragraph (1), after “chargeable vehicles" there shall be inserted “ or with the movement of such vehicles between member States ”; and

b in sub-paragraph (2), after paragraph (a) there shall be inserted the following paragraph—

5 In paragraph 9 of that Schedule (forfeiture), after “vehicle" there shall be inserted “ which for the purposes of section 1 of this Act is treated as having been imported into the United Kingdom from outside European Union”.

6 In paragraph 10(1) of that Schedule (matters that may be proved by certificate), after paragraph (b) there shall be inserted the following paragraph—

7 In paragraph 12(c) and (d) of that Schedule (regulation-making power), for “acquiring", in each place where it occurs, there shall be substituted “ obtaining ”.

8In paragraph 6 of Schedule 2 (transitional provisions for vehicles exported before 1st April 1981), for “on the importation of any vehicle" there shall be substituted “ in respect of any vehicle by virtue of section 1(1)(b) or (c) of this Act ”.

SCHEDULE 5 ¶

Married couple’s allowance etc.

Section 20.

1The Taxes Act 1988 shall be amended in accordance with paragraphs 2 to 8 below.

^F1112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F494. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F505. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F527. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Section 265 (blind person’s allowance) shall be amended as follows.

^F532 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In subsection (4), the words from “(and" onwards shall be omitted.

^F1124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 The Taxes Management Act 1970 shall be amended as follows.

2 In section 36 (fraudulent or negligent conduct) the following subsection shall be inserted after subsection (3)—

^F1133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 In section 43A (further assessments: claims etc.) after subsection (2) there shall be inserted—

10This Schedule shall apply in relation to tax for the year 1993-94 and subsequent years of assessment.

SCHEDULE 6 ¶

Group relief etc: amendments

Section 24.

Main amendments¶

^F1201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other amendments¶

3^F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4In section 272 of the ^M32Income and Corporation Taxes Act 1970 (groups of companies: definitions) in subsection (1F) (application of Schedule 18 but without paragraph 5(3) etc.) after “5(3)" there shall be inserted “ and 5B to 5E ”.

5In section 170 of the ^M33Taxation of Chargeable Gains Act 1992 (interpretation of sections 171 to 181) in subsection (8) (application of Schedule 18 but without paragraph 5(3) etc.) after “5(3)" there shall be inserted “ and 5B to 5E ”.

Application of amendments¶

1 Sub-paragraph (2) below shall apply where either of the following events occurs on or after 15th November 1991—

a any shares or securities of the relevant company are issued in circumstances where they carry both rights referred to in paragraph 4(1) of Schedule 18 and rights referred to in paragraph 5(1) of Schedule 18;

b any shares or securities of the relevant company issued before 15th November 1991 begin to carry both rights referred to in paragraph 4(1) of Schedule 18 and rights referred to in paragraph 5(1) of Schedule 18 (whether or not they previously carried rights referred to in one of those paragraphs).

2 In such a case paragraph 1 above shall apply in relation to the accounting period in which the event occurs and subsequent accounting periods.

3 In this paragraph—

a references to the relevant company are to the second company referred to in paragraphs 2(1) and 3(1) of Schedule 18;

b references to accounting periods are to accounting periods of that company.

7Paragraph 2 above shall apply where the option arrangements are made on or after 15th November 1991.

8Paragraph 3 above shall apply in accordance with paragraphs 6 and 7 above.

9Subject to the repeals made by the ^M34Taxation of Chargeable Gains Act 1992, paragraph 4 above shall apply in accordance with paragraph 7 above.

10The Taxation of Chargeable Gains Act 1992 shall have effect, and be deemed always to have had effect, with the amendment made by paragraph 5 above.

^F54SCHEDULE 7 ¶

1 ¶

Schedule 11 to the ^M59Finance Act 1989 (deep gain securities) shall be amended as follows.

2 ¶

In paragraph 1 (definition of deep gain securities) for sub-paragraph (3A) there shall be substituted—

3A In the case of a security issued before 13th November 1991, for the purposes of sub-paragraph (2) above “redemption” does not include any redemption which may be made before maturity otherwise than in pursuance of the exercise by the person who holds the security for the time being of an option exercisable only on the effluxion of time or the happening of an event which (judged at the time of the security’s issue) is certain or likely to occur.

3B In the case of a security issued on or after 13th November 1991, for the purposes of sub-paragraph (2) above “redemption” does not include any redemption which may be made before maturity otherwise than at the option of the person who holds the security for the time being and as regards which the following conditions are fulfilled (judged at the time of the security’s issue)—

a the event occasioning redemption is such that, if it occurred and there was no provision for redemption, the interests of the person holding the security at the time of the occurrence might be adversely affected,

b the event occasioning redemption is neither certain nor likely to occur,

c the event occasioning redemption is not one of a number of events occasioning or allowing redemption before maturity at least one of which is certain or likely to occur, and

d the obtaining of a tax advantage by any person is not the main benefit, or one of the main benefits, that might be expected to accrue from the provision for redemption.

3C The condition set out in sub-paragraph (3B)(a) above is fulfilled if it is fulfilled by reference to any one potential holder, whether or not it is fulfilled by reference to other potential holders.(3D) In a case where—

a the security is one which under the terms of issue can be converted into or exchanged for a security of a different kind, and

b it falls to be decided whether the condition set out in paragraph (b) or (c) of sub-paragraph (3B) above is fulfilled,

the condition concerned shall not be treated as fulfilled unless it is fulfilled having regard only to circumstances in which (judged at the time of the security’s issue) the right to convert or exchange cannot be or is unlikely to be exercised.

3E In the case of a security issued on or after 13th November 1991, for the purposes of sub-paragraph (2) above “redemption” does not include any redemption which may be made before maturity at the option of the person who holds the security for the time being and as regards which the following conditions are fulfilled (judged at the time of the security’s issue)—

a the event allowing the option to be exercised is such that, if it occurred and there was no provision for redemption, the interests of the person holding the security at the time of the occurrence might be adversely affected,

b the event allowing the option to be exercised is neither certain nor likely to occur,

c the event allowing the option to be exercised is not one of a number of events occasioning or allowing redemption before maturity at least one of which is certain or likely to occur, and

d the obtaining of a tax advantage by any person is not the main benefit, or one of the main benefits, that might be expected to accrue from the provision for redemption.

3F The condition set out in sub-paragraph (3E)(a) above is fulfilled if it is fulfilled by reference to any one potential holder, whether or not it is fulfilled by reference to other potential holders.(3G) In a case where—

a the security is one which under the terms of issue can be converted into or exchanged for a security of a different kind, and

b it falls to be decided whether the condition set out in paragraph (b) or (c) of sub-paragraph (3E) above is fulfilled,

3 ¶

In paragraph 2 (definition of qualifying indexed securities) in sub-paragraph (13) for paragraphs (c) and (d) there shall be substituted—

c in the case of a security issued before 13th November 1991, any circumstances except circumstances in which the person who holds the security for the time being exercises an option exercisable only on the effluxion of time or the happening of an event which (judged at the time of the security’s issue) is certain or likely to occur;

d in the case of a security issued on or after 13th November 1991, any circumstances for redemption which may be made before maturity otherwise than at the option of the person who holds the security for the time being and as regards which the conditions set out in paragraph 1(3B) above are fulfilled (judged at the time of the security’s issue and read subject to paragraph 1(3C) and (3D) above);

e in the case of a security issued on or after 13th November 1991, any circumstances for redemption which may be made before maturity at the option of the person who holds the security for the time being and as regards which the conditions set out in paragraph 1(3E) above are fulfilled (judged at the time of the security’s issue and read subject to paragraph 1(3F) and (3G) above).

4 ¶

The following shall be inserted after paragraph 19—

19A Early redemption: special rules

1 Sub-paragraph (2) below applies where—

a a security is issued on or after 13th November 1991,

b it would be a deep gain security apart from paragraph 1(3B) or (3E) above,

c it is redeemed before maturity, and

d immediately before redemption it was held by a person connected with the person who issued it.

2 As regards the redemption, paragraphs 5 to 19 above shall have effect as if—

a the security were a deep gain security, and

b it had been acquired as such (whatever the time it was acquired).

3 Sub-paragraph (4) below applies where—

a the conditions set out in sub-paragraph (1)(a) to (c) above are fulfilled,

b the security was transferred in the period ending with redemption and beginning with the day falling one year before the day of redemption, and

c the transfer was by a person connected with the person who issued the security.

4 As regards the transfer, paragraphs 5 to 19 above shall have effect as if—

a the security were a deep gain security, and

b it had been acquired as such (whatever the time it was acquired).

5 Section 839 of the Taxes Act 1988 (connected persons) shall apply for the purposes of this paragraph.

5 ¶

1 In paragraph 21 (non-gilts: special rules) in sub-paragraph (3) after “(1) above" there shall be inserted “ , and subject to paragraph 21A below, ”.

2 The following paragraph shall be inserted after paragraph 21—

21A

1 A security which (apart from this paragraph) would be a new would-be deep gain security for the purposes of paragraph 21(1) above is not such a security if the following three conditions are fulfilled.

2 The first condition is that all the securities issued on the occasion of the original issue were issued before 13th November 1991.

3 The second condition is that the security is issued on or after 13th November 1991.

4 The third condition is that, even if paragraph 1(7) above did not prevent the security being a deep gain security, it would nevertheless not be a deep gain security if for the purposes of paragraph 1(2) above “redemption” did not include any redemption which may be made before maturity otherwise than in pursuance of the exercise by the person who holds the security for the time being of an option exercisable only on the effluxion of time or the happening of an event which (judged at the time of the security’s issue) is certain or likely to occur.

6 ¶

The following shall be inserted after paragraph 22B—

7 ¶

The amendments made by this Schedule shall be deemed always to have had effect.

8 ¶

Any such adjustment as is appropriate in consequence of this Schedule may be made (whether by way of discharge or repayment of tax, the making of an assessment or otherwise).

SCHEDULE 8 ¶

Rights in pursuance of deposits

Section 34.

Disposal or exercise of rights¶

1The following section shall be inserted after section 56 of the Taxes Act 1988 (transactions in deposits etc.)—

56A Disposal or exercise of rights in pursuance of deposits.

1 This section applies where there is an arrangement under which—

a there is a right to receive an amount (with or without interest)in pursuance of a deposit of money,

b when the right comes into existence there is no certificate of deposit in respect of the right, and

c the person for the time being entitled to the right is entitled to call for the issue of a certificate of deposit in respect of the right.

2 In such a case—

a the right shall be treated as not falling within section 56(1)(b), and

b if there is a disposal or exercise of the right before such time (if any) as a certificate of deposit is issued in respect of it, section 56(2) shall apply to it by virtue of this paragraph.

3 In the application of section 56 by virtue of this section—

a subsection (2) shall have effect as if the words from “(whether" to “person)" read “(whether by the person originally entitled to the right or by some other person)", and

b subsection (3) shall have effect as if the words “stated in a certificate of deposit" read “under an arrangement".

4 In this section “certificate of deposit” has the meaning given by section 56(5).

Building societies¶

^F842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F843. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deposit-takers¶

^F844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accrued income scheme¶

^F845. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General¶

6This Schedule shall apply in relation to arrangements made after the day on which this Act is passed.

SCHEDULE 9 ¶

Friendly societies

Section 56.

Amendments of the Taxes Act 1988¶

1The Taxes Act 1988 shall be amended in accordance with paragraphs 2 to 19 below.

1 Section 266 (personal reliefs: life assurance premiums) shall be amended as follows.

2 In subsections (2)(a)(iii) ^F89..., for “registered friendly society" there shall be substituted “ friendly society ”.

3 The following subsection shall be added at the end—

^F553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4In section 459 (exemption from tax for unregistered friendly societies whose income does not exceed £160 a year) after “unregistered friendly society" there shall be inserted “ (that is, a friendly society which is neither an incorporated friendly society nor a registered friendly society) ”.

1 Section 460 (exemption from tax for registered friendly societies in respect of life or endowment business) shall be amended as follows.

2 In subsection (1), for “registered friendly society" there shall be substituted “ friendly society ”.

3 In subsection (2)—

a in paragraph (a), for “friendly society" there shall be substituted “ registered friendly society ”, and

b the following paragraph shall be inserted after paragraph (a)—

4 In subsections (5) to (10), for “registered friendly society" (in each place) there shall be substituted “ friendly society ”.

5 In subsection (11)—

a for “registered friendly society" there shall be substituted “ friendly society ”,

b for “section 72 of the ^M35Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ section 91 of the Friendly Societies Act 1992 ”, and

^F56c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6In section 461 (taxation of registered friendly societies in respect of other business) in subsection (4)(a)—

a for “section 72 of the Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ section 91 of the Friendly Societies Act 1992 ”, and

^F57b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7The following sections shall be inserted after section 461—

461A Taxation in respect of other business: incorporated friendly societies qualifying for exemption.

1 For the purposes of sections 461B and 461C, a “qualifying society” is an incorporated friendly society which—

a immediately before its incorporation, was a registered friendly society to which section 461(2) did not apply,

b was formed otherwise than by the incorporation of a registered friendly society or the amalgamation of two or more friendly societies and satisfies subsection (2) below, or

c was formed by the amalgamation of two or more friendly societies and satisfies subsection (3) below,

and in respect of which no direction under section 461C(5) is in force.

2 A society satisfies this subsection if its business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by the Friendly Societies Commission.

3 If at the time of the amalgamation referred to in subsection (1)(c) above—

a section 461(2) applied to none of the registered friendly societies being amalgamated (if any), and

b all of the incorporated friendly societies being amalgamated (if any) were qualifying societies,

the society formed by the amalgamation satisfies this subsection.

461B Taxation in respect of other business: incorporated friendly societies etc.

1 Subject to the following provisions of this section, a qualifying society shall, on making a claim, be entitled to exemption from income tax and corporation tax (whether on income or chargeable gains) on its profits other than those arising from life or endowment business.

2 Subsection (1) above shall not apply to any profits arising or accruing to the society from, or by reason of its interest in, a body corporate which is a subsidiary (within the meaning of the Friendly Societies Act 1992) of the society or of which the society has joint control (within the meaning of that Act).

3 If an incorporated friendly society which is not a qualifying society makes a payment to a member in respect of his interest in the society and the payment is made otherwise than in the course of life or endowment business and exceeds the aggregate of any sums paid by him to the society by way of contributions or deposits, after deducting from that aggregate the amount of—

a any previous payment so made to him by the society, and

b any earlier repayment of such sums paid by him,

the excess shall be treated for the purposes of corporation tax and income tax as a qualifying distribution.

4 In relation to an incorporated friendly society which, immediately before its incorporation, was a registered friendly society to which section 461(2) applied—

a the references in subsection (3) above to sums paid to the society shall include sums paid to the registered friendly society,

b the reference in subsection (3)(a) above to any payment made by the society shall include any payment made by the registered friendly society after 26 March 1974 or such later date as was specified in any direction under section 461(8) relating to it, and

c the reference in subsection (3)(b) above to any repayment shall include any repayment made by the registered friendly society.

5 Where a qualifying society at any time ceases by virtue of section 91 of the Friendly Societies Act 1992 (conversion into company) to be registered under that Act, the company into which the society is converted shall be exempt from income tax or corporation tax on its profits arising from any part of its business, other than life or endowment business, which relates to contracts made before that time.

6 Subsection (5) above shall apply so long as there is no increase in the scale of benefits which the company undertakes to provide in the course of carrying on the relevant part of its business.

7 Any part of a company’s business to which an exemption under subsection (5) above relates shall be treated for the purposes of the Corporation Tax Acts as a separate business from any other business carried on by the company.

461C Taxation in respect of other business: withdrawal of “qualifying" status from incorporated friendly society.

1 Subject to subsection (2) below, subsections (3) to (5) below apply where a qualifying society—

a begins to carry on business other than life or endowment business, or

b in the opinion of the Friendly Societies Commission, begins to carry on business other than life or endowment business on an enlarged scale or of a new character.

2 Subsections (3) to (5) below do not apply if—

a the society’s business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of section 461 or 461A by the Friendly Societies Commission, or

b the society’s rules limit the aggregate amount which may be paid by a member by way of contributions and deposits to not more than £1 per month or such greater amount as is authorised for the purposes of section 461.

3 If it appears to the Commission, having regard to the restrictions imposed by section 461 on registered friendly societies registered after 31st May 1973, that for the protection of the revenue it is expedient to do so, the Commission may serve a notice on the society—

a referring to the provisions of this section, and

b stating that the Commission is considering the question whether, for the protection of the revenue, it is expedient to give a direction that the society shall cease to be a qualifying society as from the date of the notice.

4 The Commission shall consider any representations or undertakings made or offered to the Commission by the society within the period of one month from service of the notice and, if the society so requests, shall afford it an opportunity of being heard by the Commission not later than three weeks after the end of that period.

5 If, after consideration of any such representations or undertakings, the Commission remains of the opinion that it is expedient to do so, the Commission shall direct that the society shall cease to be a qualifying society as from the date of the notice, but subject to any further direction given by the Commission cancelling that direction.

6 A friendly society may, within one month from the giving of a direction under subsection (5) above, appeal against it to a tribunal constituted in accordance with section 59(2) of the Friendly Societies Act 1992.

7 The Treasury may by regulations provide for sections 58 to 61 of that Act to have effect in relation to appeals under subsection (6) above subject to such modifications as may be prescribed by the regulations.

1 Section 462 (conditions for tax exempt business) shall be amended as follows.

2 In subsection (2), for “Section 460(2)(a)" there shall be substituted “ Section 460(2)(a) or (aa) ”.

^F913 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F949. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10In section 463 (life or endowment business: application of the Corporation Tax Acts) in subsection (1) for “registered friendly societies" there shall be substituted “ friendly societies ”.

1 Section 464 (maximum benefits payable to members) shall be amended as follows.

^F922 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 In subsection (5)(d)(ii), for “society which is not" there shall be substituted “ friendly society other than ”.

4 In subsection (7)—

a for “registered friendly society or branch" there shall be substituted “ friendly society or registered branch ”, and

b for “registered friendly societies or branches" there shall be substituted “ friendly societies or registered branches ”.

12In section 465 (old societies) the following subsection shall be added at the end—

13The following section shall be inserted after section 465—

465A Assets of branch of registered friendly society to be treated as assets of society after incorporation.

1 This section applies where any assets of a branch of a registered friendly society have been identified in a scheme under section 6(5) of the Friendly Societies Act 1992 (property, rights etc. excluded from transfer to the society on its incorporation).

2 In relation to any time after the incorporation of the society, the assets shall be treated for the purposes of the Tax Acts as assets of the society (and, accordingly, any tax liability arising in respect of them shall be a liability of the society rather than of the branch).

3 Where, by virtue of this section, tax in respect of any of the assets becomes chargeable on and is paid by the society, the society may recover from the trustees in whom those assets are vested the amount of the tax paid.

1 Section 466 (interpretation of sections 459 to 465) shall be amended as follows.

^F582 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Subsection (2) shall be amended as mentioned in sub-paragraphs (4) to (7) below.

4 The following definitions shall be inserted before the definition of “life assurance business"—

5 The following definition shall be substituted for the definition of “new society"—

6 The following definitions shall be inserted after the definition of “policy"—

7 For the words from “include" to the end of the subsection there shall be substituted “ include, in the case of a registered friendly society, references to any branch of that society ”.

8 In subsection (3) for the words “registered friendly society" there shall be substituted “ friendly society ”.

9 The following subsection shall be added at the end—

^F9515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16In section 599 (charge to tax: commutation of entire pension in special circumstances) for subsection (8)(b) there shall be substituted—

17In section 630 (personal pension schemes: interpretation) for paragraph (b) of the definition of “authorised insurance company" there shall be substituted—

1 Schedule 14 (provisions ancillary to section 266) shall be amended as follows.

2 In paragraphs 2(1)(b) and 3(1), for “registered friendly society" there shall be substituted “ friendly society ”.

3 In paragraph 3(3)(a), for “registered friendly societies" there shall be substituted “ friendly societies ”.

1 Schedule 15 (qualifying policies) shall be amended as follows.

2 In paragraph 3(1), for “registered friendly society" there shall be substituted “ friendly society ”.

^F593 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 In paragraph 3(4)(c), after “the same friendly society" there shall be inserted “ (or any predecessor of it) ”.

5 In paragraph 3, the following sub-paragraph shall be inserted after sub-paragraph (4)—

6 For paragraph 4(3)(b)(i) there shall be substituted—

7 In paragraph 6(1)—

a for “any friendly society" there shall be substituted “ any registered friendly society (as defined in section 466) ”, and

b for “a friendly society" there shall be substituted “ such a society ”.

Amendments of enactments relating to chargeable gains¶

1 Subject to the repeals made by the ^M36Taxation of Chargeable Gains Act 1992, after section 143 of the ^M37Capital Gains Tax Act 1979 there shall be inserted—

Friendly societies

143A Transfer of assets on incorporation of registered friendly society.

1 This section applies where a registered friendly society is incorporated under the Friendly Societies Act 1992 (“the 1992 Act").

2 In this section—

a “the registered society” means the society before the incorporation, and

b “the incorporated society” means the society after the incorporation.

3 For the purposes of corporation tax on chargeable gains—

a any asset of the registered society that by virtue of section 6(2) or (3) of the 1992 Act is transferred to the incorporated society,

b any asset of a branch of the registered society that by virtue of section 6(4) of the 1992 Act is transferred to the incorporated society, and

c any asset of a branch of the registered society that is identified in a scheme under section 6(5) of the 1992 Act,

shall be taken to be disposed of by the registered society or branch and acquired by the incorporated society on the incorporation for a consideration of such amount as to secure that on the disposal neither a gain nor a loss accrues to the registered society or branch.

143B Subsequent disposal of assets by incorporated society etc.

1 Where any asset acquired on a disposal to which section 143A(3) above applies is subsequently disposed of by the incorporated society, section 34 above shall apply as if any capital allowance made to the registered society in respect of the asset had been made to the incorporated society.

2 If the disposal by the incorporated society is in relevant circumstances for the purposes of section 275(1) of the Income and Corporation Taxes Act 1970, the disposal to which section 143A(3) above applies shall for those purposes be taken to have been a previous transfer of the asset in relevant circumstances.

2 Subject to the repeals made by the ^M38Taxation of Chargeable Gains Act 1992—

a in section 68 of the ^M39Finance Act 1985 (modification of indexation allowance) in subsection (7A)(a) after “123A," there shall be inserted “ 143A, ”, and

b in Schedule 8 to the ^M40Finance Act 1988 (assets held on 31st March 1982) in paragraph 1(3)(a) after “123A," there shall be inserted “ 143A, ”.

21The Taxation of Chargeable Gains Act 1992 shall be amended as follows.

^F962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 After section 217 there shall be inserted—

Friendly societies

217A Transfer of assets on incorporation of registered friendly society.

1 This section and section 217B apply where a registered friendly society is incorporated under the Friendly Societies Act 1992 (“the 1992 Act").

2 In this section and section 217B—

a “the registered society” means the society before the incorporation, and

b “the incorporated society” means the society after the incorporation.

3 For the purposes of corporation tax on chargeable gains—

a any asset of the registered society that by virtue of section 6(2) or (3) of the 1992 Act is transferred to the incorporated society,

b any asset of a branch of the registered society that by virtue of section 6(4) of the 1992 Act is transferred to the incorporated society, and

c any asset of a branch of the registered society that is identified in a scheme under section 6(5) of the 1992 Act,

217B Rights of members in registered society equated with rights in incorporated society.

1 In this section, “change of membership” means a change effected by Schedule 4 to the 1992 Act whereby a member of the registered society or of a branch of the registered society becomes a member of the incorporated society or of a branch of the incorporated society.

2 For the purposes of this Act, a change of membership shall not be taken to involve any disposal or acquisition of an asset by the member concerned, but all the interests and rights in the incorporated society or a branch of the incorporated society that he has immediately after the change, taken together, shall be treated as a single asset which—

a was acquired by the first relevant acquisition, and

b was added to by any subsequent relevant acquisitions.

3 In subsection (2) above, “relevant acquisition” means an acquisition by which the member acquired any interest or right in the registered society or a branch of the registered society that he had immediately before the change of membership.

217C Subsequent disposal of assets by incorporated society etc.

1 Where any asset acquired on a disposal to which section 217A(3) applies is subsequently disposed of by the incorporated society, section 41 shall apply as if any capital allowance made to the registered society in respect of the asset had been made to the incorporated society.

2 If the disposal by the incorporated society is in relevant circumstances for the purposes of section 174(1), the disposal to which section 217A(3) applies shall for those purposes be taken to have been a previous transfer of the asset in relevant circumstances.

Commencement¶

^P522

1 This Schedule shall come into force on such day as the Treasury may by order made by statutory instrument appoint, and different days may be appointed for different provisions or different purposes.

2 An order under this paragraph may contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Treasury necessary or expedient in connection with the provisions brought into force.

^F77SCHEDULE 10 ¶

Furnished Accommodation

Section 59.

^F77 Introduction¶

^F771. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F772. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F773. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F774. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F775. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F776. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F777. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F778. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F77 Exemption etc.¶

^F779. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F77 Adjusted profits etc.¶

^F7711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7712. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F77 Application of Schedule¶

^F7713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F134SCHEDULE 11 ¶

Paying and collecting agents etc.

Section 63.

^F1341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1342. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121SCHEDULE 12 ¶

Banks etc. in compulsory liquidation

Section 66.

^F121 Introductory¶

^F1211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121 Taxation of certain receipts¶

^F1213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121 Relief from tax¶

^F1214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121 Application of charge etc. where rights to payments transferred¶

^F1215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121 Election for carry-back¶

^F1216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121 Commencement¶

^F1217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F60SCHEDULE 13 ¶

Introduction¶

1 ¶

Part I of the ^M60Capital Allowances Act 1990 (capital allowances for buildings and structures) shall be amended as follows.

Buildings and structures purchased before use¶

2 ¶

After section 10 (purchases of buildings and structures) there shall be inserted the following section—

10A Purchases of buildings and structures: special provision for enterprise zones.

1 This section shall apply where—

a expenditure is incurred on the construction of a building or structure (actual expenditure);

b some or all of that expenditure is incurred, or is incurred under a contract entered into, at a time when the site of the building or structure is in an enterprise zone, being a time not more than 10 years after the site was first included in the zone; and

c before the building or structure is used, the relevant interest in it is sold.

2 Where this section applies—

a the actual expenditure shall be left out of account for the purposes of sections 1 to 8, but

b subject to subsection (8) below, the person who buys the relevant interest shall be deemed for those purposes to have incurred, on the date when the purchase price becomes payable, expenditure on the construction of the building or structure (deemed expenditure) equal to the actual expenditure or to the net price paid by him for that interest, whichever is the less.

3 The deemed expenditure shall be regarded as comprising an enterprise zone element and a non-enterprise zone element.

4 The enterprise zone element of the deemed expenditure shall be calculated in accordance with the formula—

A x \frac{B}{C}

5 In subsection (4) above—

A is the deemed expenditure;
B is the expenditure falling within subsection (1)(b) above; and
C is the actual expenditure.

6 The non-enterprise zone element of the deemed expenditure shall be so much (if any) of the deemed expenditure as does not comprise the enterprise zone element.

7 Notwithstanding the provisions of subsection (2)(b) above—

a the enterprise zone element of the deemed expenditure shall be treated for the purpose only of determining entitlement to allowances as incurred at a time when the site of the building or structure is in an enterprise zone, being a time not more than 10 years after the site was first included in the zone; and

b the non-enterprise zone element of the deemed expenditure shall be treated for that purpose as not incurred, and not incurred under a contract entered into, at such a time.

8 Where the relevant interest in the building or structure is sold more than once before the building or structure is used, subsection (2)(b) above shall have effect only in relation to the last of those sales.

9 Where the actual expenditure was incurred by a person carrying on a trade which consists, in whole or in part, in the construction of buildings or structures with a view to their sale and, before the building or structure is used, he sells the relevant interest in it in the course of that trade or, as the case may be, of that part of that trade, then—

a if that sale is the only sale of the relevant interest before the building or structure is used, paragraph (b) of subsection (2) above shall have effect as if the words “the actual expenditure or to" and “whichever is the less" were omitted; and

b in any other case, that paragraph shall have effect as if the reference to the actual expenditure were a reference to the price paid on that sale.

10 This section shall have effect subject to section 17A.

3 ¶

In section 1 (buildings and structures in enterprise zones) in subsection (10) the words from “and, except for that purpose" to the end of the subsection shall cease to have effect.

4 ¶

In section 6 (buildings and structures in enterprise zones) subsection (5) shall cease to have effect.

5 ¶

In section 10, at the beginning of subsection (1) there shall be inserted “ Subject to subsection (3A) below, ”.

6 ¶

After that subsection there shall be inserted the following subsection—

7 ¶

After subsection (3) of that section there shall be inserted the following subsection—

Buildings and structures purchased within two years of use¶

8 ¶

After section 10A there shall be inserted the following section—

10B Purchases of buildings and structures in enterprise zones within two years of use.

1 Without prejudice to section 10A, this section shall apply where—

a expenditure is incurred on the construction of a building or structure (actual expenditure);

c whether or not there were any sales of the relevant interest in the building or structure before it was used, that interest is sold after the building or structure has been used but before the expiry of the period of two years beginning with the date on which the building or structure was first used; and

d that sale is the first such sale in that period.

2 Where this section applies—

a any balancing allowance or charge which falls to be made on the occasion of the sale shall be so made;

b the residue of expenditure immediately after the sale (if any) shall be left out of account for the purposes of this Part;

c the person who buys the relevant interest (the purchaser) shall be deemed for the purposes of sections 1 to 8 to have incurred, on the date when the purchase price becomes payable, expenditure on the construction of the building or structure (deemed expenditure) of an amount determined in accordance with the following provisions of this section; and

d in relation to the deemed expenditure, the building or structure shall be treated for the purposes of sections 1 to 8 as not having been used before the date of the sale.

3 The deemed expenditure shall be regarded as comprising an enterprise zone element and a non-enterprise zone element and the amount of the deemed expenditure shall accordingly be the sum of the enterprise zone element and the non-enterprise zone element.

4 The enterprise zone element of the deemed expenditure shall be calculated in accordance with the formula—

A x \frac{B}{C}

5 In subsection (4) above—

A is the actual expenditure or the net price paid by the purchaser for the relevant interest, whichever is the less;
B is the expenditure falling within subsection (1)(b) above; and
C is the actual expenditure.

6 The non-enterprise zone element of the deemed expenditure shall be calculated in accordance with the formula—

A - (A x \frac{B}{C})

7 In subsection (6) above—

A is the actual expenditure or the net price paid by the purchaser for the relevant interest, whichever is the less;
B is the expenditure falling within subsection (1)(b) above; and
C is the actual expenditure.

8 Where the actual expenditure was incurred by a person carrying on a trade which consists, in whole or in part, in the construction of buildings or structures with a view to their sale and he sells the relevant interest in the building or structure in the course of that trade or, as the case may be, of that part of that trade, then—

a if that sale is the sale falling within subsection (1)(c) above—

i section 10(4) and (5) shall not apply; and

ii subsection (5) above shall have effect as if for the definition of A there were substituted—

" A is the net price paid by the purchaser for the relevant interest;";

b if that sale is a sale which occurs before the sale falling within subsection (1)(c) above, subsections (5) and (7) above shall have effect as if the reference in the definition of A in each of those subsections to the actual expenditure were a reference to the price paid on that sale.

9 Notwithstanding the provisions of subsection (2)(c) above—

b the non-enterprise zone element of the deemed expenditure shall be treated for that purpose as not incurred, and not incurred under a contract entered into, at such a time.

10 This section shall have effect subject to section 17A.

9 ¶

At the beginning of section 10(4) there shall be inserted “ Subject to section 10B ”.

Exclusion of expenditure¶

10 ¶

After section 17 there shall be inserted the following section—

11 ¶

After section 1(10) there shall be inserted the following subsection—

12 ¶

After section 6(4) there shall be inserted the following subsection—

Miscellaneous¶

13 ¶

In section 4(9) (balancing allowances and charges) in paragraph (a) of the definition of “the capital expenditure" after the words “section 10(1)" there shall be inserted “ 10A or 10B ”.

Commencement¶

14 ¶

Paragraphs 2 to 7 above shall have effect in any case where the purchase price payable on the sale of the relevant interest in a building or structure before it is used (or if there is more than one such sale before the building or structure is used, the purchase price payable on the last of those sales) becomes payable on or after 16th December 1991.

15 ¶

Paragraphs 8 and 9 above shall have effect in relation to buildings or structures first used on or after 16th December 1991.

16 ¶

Paragraph 10 above shall apply in relation to contracts whenever made.

17 ¶

Paragraph 13 above shall have effect in accordance with paragraphs 14 and 15 above.

SCHEDULE 14 ¶

Inheritance tax

Section 73.

Business property¶

1In section 104 of the ^M41Inheritance Tax Act 1984 (relief for relevant business property)—

a in subsection (1)(a), for “50 per cent" there shall be substituted “ 100 per cent ”;

b in subsection (1)(b), for “30 per cent" there shall be substituted “ 50 per cent ”.

1 Section 105 of that Act (relevant business property) shall be amended as follows.

2 In subsection (1)(b), after “which" there shall be inserted “ are unquoted and which ”.

3 In subsection (1), the following paragraph shall be inserted after paragraph (c)—

4 The following subsection shall be inserted after subsection (1)—

5 In subsection (2) after “subsection (1)(b)" there shall be inserted “ or (cc) ”.

3In section 113A of that Act (transfers of relevant business property within seven years before death of transferor) the following subsection shall be inserted after subsection (3A)—

Agricultural property¶

4In section 116 of that Act (relief for agricultural property) in subsections (2) and (4)—

a for “50 per cent" (in each place) there shall be substituted “ 100 per cent ”;

b for “30 per cent" (in each place) there shall be substituted “ 50 per cent ”.

Payment by instalments¶

5In section 227 of that Act (payment by instalments - land, shares and businesses) the following subsection shall be inserted after subsection (1A)—

6In section 228 of that Act (shares or securities within section 227) the following subsection shall be added at the end—

Gifts with reservation¶

7In Schedule 20 to the ^M42Finance Act 1986 (gifts with reservation) in paragraph 8(1A)(a) (which refers to shares and securities qualifying for 50 per cent. business property relief) for the words from “within paragraph (b)" to “relief)" there shall be substituted “ within paragraph (b), (bb) or (cc) of section 105(1) of the 1984 Act (certain shares or securities qualifying for relief) ”.

Commencement¶

8Subject to paragraph 9 below, the amendments made by this Schedule shall have effect in relation to transfers of value made, and other events occurring, on or after 10th March 1992.

1 This paragraph applies where by reason of a death occurring on or after 10th March 1992—

a a potentially exempt transfer made before that date proves to be a chargeable transfer, or

b additional tax falls to be calculated in respect of a chargeable transfer (other than a potentially exempt transfer) made before that date and within seven years of the death.

2 Subject to sub-paragraph (3) below, for the purposes of sections 113A and 113B of the ^M43Inheritance Tax Act 1984, it shall be assumed—

a that the amendments made by this Schedule came into effect at the time the transfer was made, and

b (in a case within sub-paragraph (1)(b) above) that so much of the value transferred as would have been reduced in accordance with Chapter I of Part V of that Act as amended by this Schedule was so reduced.

3 Where, disregarding the amendments made by this Schedule, any shares or securities transferred fell within section 105(1)(b) of that Act in relation to the transfer, those amendments shall be disregarded in determining whether section 113A(3A) applies to the shares or securities.

4 This paragraph shall be construed as if it were contained in Chapter I of Part V of that Act.

SCHEDULE 15 ¶

Amendments relating to oil exported directly from off-shore fields

Section 74.

^M44THE OIL TAXATION ACT 1975¶

1In section 2 (assessable profits and allowable losses), in subsection (5A) (gas exported from a place on land in the United Kingdom) for the words from “required", in the second place where it occurs, to the end of the subsection there shall be substituted

1 In section 3 (allowance of expenditure), in subsection (1), in paragraph (f) (transportation costs)—

a after the words “transporting it" there shall be inserted “ (i) ”; and

b for the words “or to the place in the United Kingdom" there shall be substituted

2 In subsection (4) of that section, in paragraph (c) (allowable expenditure does not include cost of acquiring buildings or structures, subject to exceptions)—

a in sub-paragraph (i) the words “of either the territorial sea of the United Kingdom or a designated area" shall be omitted; and

b in sub-paragraph (iv) for the words “in the United Kingdom to the place in the United Kingdom" there shall be substituted “ to the place in the United Kingdom or, in the case of oil first landed in another country, to the place in that or any other country (other than the United Kingdom) ”.

3 In subsection (5) of that section (expenditure qualifying for supplement), in each of paragraphs (a) and (c) after the words “United Kingdom" there shall be inserted the words “ or another country ”.

4 At the end of subsection (6) of that section (apportionment of expenditure) there shall be added the words

3In section 12(1) (definitions),—

a in the definitions of “initial storage" and “initial treatment" the words “in the United Kingdom, the territorial sea thereof or a designated area" shall be omitted;

b in the definition of “initial storage" after the words “United Kingdom", in the second place where they occur, there shall be inserted “ or another country ”;

c in the definition of “land", after the words “United Kingdom" there shall be inserted “ or another country ”; and

d in the definition of “production purposes" after the words “United Kingdom", in the last place where they occur, there shall be inserted “ or another country ”.

^F821 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 In paragraph 7 of that Schedule (exclusion of off-shore oil in transit to place of first landing in United Kingdom)—

a in the heading the words “in United Kingdom" shall be omitted; and

b in sub-paragraph (a) after the words “United Kingdom" there shall be inserted “ or to the place referred to in section 3(1)(f)(ii) of this Act ”.

^M45THE FINANCE ACT 1982¶

5In Schedule 18 (alternative valuation of light gases), in paragraph 3, in sub-paragraph (2) (the terms of the relevant contract), in paragraph (a) after the words “United Kingdom" there shall be inserted the words “ or another country ”.

^M46THE OIL TAXATION ACT 1983¶

6In Schedule 1 (extension of allowable expenditure for assets generating receipts), in paragraph 1 (associated assets), in sub-paragraph (4) paragraph (c) and the word “and" immediately preceding it shall be omitted.

7In Schedule 2 to that Act (supplemental provisions as to receipts from qualifying assets), in paragraph 12 (purchase at place of extraction), in sub-paragraph (3) for paragraphs (a) and (b) there shall be substituted

8In Schedule 4 to that Act (receipts attributable to United Kingdom use of foreign field assets), in paragraph 11 there shall be omitted—

a in sub-paragraph (3) the words “and on the further assumption set out in sub-paragraph (4) below"; and

b sub-paragraph (4).

^M47THE FINANCE ACT 1986¶

9In Schedule 21 (alternative valuation of light gases), in paragraph 5(1) after the words “(definition of “the relevant contract")" there shall be inserted “ in sub-paragraph (1) ”.

^F99SCHEDULE 16 ¶

General and Special Commissioners

Section 76.

^F991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F99 Remuneration of General Commissioners etc.¶

^F992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F99 Jurisdiction¶

^F993. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F99 Practice and procedure¶

^F994. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F99 Oil taxation appeals¶

^F996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F997. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F99 Inheritance tax appeals¶

^F998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17 ¶

Northern Ireland Electricity

Section 77.

Interpretation¶

1 In this Schedule—

“the final accounting period” means the last complete accounting period of NIE ending before the transfer date;
“NIE” means Northern Ireland Electricity;
“the Order” means the ^M48Electricity (Northern Ireland) Order 1992;
“successor company” means a company nominated under Article 69(2) of the Order for the purposes of Article 69(1) of the Order;
“transfer date” means the day appointed under Article 69(3) of the Order for the purposes of Article 69(4) of the Order;
“transfer scheme” means a scheme under Article 69(1) of the Order.

2 This Schedule, so far as it relates to corporation tax on chargeable gains, shall be construed as one with the ^M49Capital Gains Tax Act 1979 or, where appropriate, the ^M50Taxation of Chargeable Gains Act 1992.

3 For the purposes of this Schedule a transfer or agreement shall be regarded as made in pursuance of Schedule 10 to the Order if the making of that transfer or agreement is required or authorised by or under paragraph 3 or 5 of that Schedule (allocation of assets and liabilities and variation of transfers by agreement).

Transfer to successor companies: general¶

1 Subject to sub-paragraph (2) below, the following provisions shall apply for the purposes of the Corporation Tax Acts, namely-

a any part of the trade carried on by NIE which is transferred by the Order to a successor company shall be treated as having been, at the time when it began to be carried on by NIE or any predecessor and at all times since that time, a separate trade carried on by the successor company;

b the trade carried on by a successor company after the transfer date shall be treated as the same trade as that which, by virtue of paragraph (a) above, it is treated as having carried on before that date;

c all property, rights and liabilities of NIE which are transferred by the Order to a successor company shall be treated as having been, at the time when they became vested in NIE or any predecessor and at all times since that time, property, rights and liabilities of the successor company; and

d anything done by NIE or any predecessor in relation to any property, rights and liabilities which are transferred by the Order to a successor company shall be deemed to have been done by the successor company.

2 There shall be made such apportionments of unallowed tax losses, and of expenditure by reference to which capital allowances may be made, as may be specified in the transfer scheme.

3 In sub-paragraph (2) above “unallowed tax losses” means any losses, allowances or amounts which, as at the end of the final accounting period, are tax losses within the meaning given by section 400(2)(a), (c) or (d) of the Taxes Act 1988.

4 This paragraph shall have effect in relation to accounting periods beginning after the final accounting period.

Roll-over relief¶

3Where NIE has before the transfer date disposed of (or of its interest in) any assets used, throughout the period of ownership, wholly or partly for the purposes of the part of its trade transferred by the Order to a successor company, sections 115 to 119 of the ^M51Capital Gains Tax Act 1979 or, where appropriate, sections 152 to 156 of the ^M52Taxation of Chargeable Gains Act 1992 (roll-over relief on replacement of business assets) shall have effect in relation to that disposal as if NIE and the successor company were the same person.

Unallowed capital losses¶

1 Any unallowed capital losses of NIE shall be apportioned between the successor companies in accordance with the transfer scheme; and any such losses which are so apportioned to a successor company shall be treated as allowable capital losses accruing to the successor company on the disposal of an asset on the transfer date.

2 In sub-paragraph (1) above—

“allowable capital losses” means losses which are allowable losses for the purposes of corporation tax on chargeable gains;
“unallowed capital losses” means any allowable capital losses which have accrued to NIE before the transfer date, in so far as they have not been allowed as deductions from chargeable gains.

Arrangements in favour of other successor companies¶

1 Sub-paragraph (3) below applies to any disposal of an asset which is effected, and sub-paragraphs (4) to (6) below apply to any lease which is granted, in pursuance of a provision included in the transfer scheme by virtue of Article 70(1)(c) of the Order (scheme may require successor company to enter into arrangements in favour of any other successor company).

2 Sub-paragraph (3) below also applies to any disposal of an asset which is effected in pursuance of an agreement under paragraph 3(2) of Schedule 10 to the Order and which is either the grant of a lease of land or the creation of other liabilities and rights over land.

3 A disposal to which this sub-paragraph applies shall be taken for the purposes of corporation tax on chargeable gains to be effected for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the successor company making the disposal.

4 Section 38(1)(a) and (4) of the Taxes Act 1988 (rules for ascertaining duration of leases) shall be disregarded in determining for the purposes of section 290 of the Capital Allowances Act 2001 (election to treat grant of lease exceeding 50 years as sale) whether a lease to which this sub-paragraph applies is a lease which satisfies the condition in subsection (1)(c) of that section; in relation to any such lease which is, on that basis, such a long lease—

a the lessee shall be deemed for the purposes of that section to have paid in consideration for the grant of the lease a capital sum of an amount equal to the residue of expenditure immediately before the lease takes effect, computed in accordance with Chapter 8 of Part 3 of that Act, and

b section 291(1) of that Act shall be disregarded;

and sections 567 to 570 of that Act shall not apply in relation to the grant of a lease in respect of which, by virtue of this sub-paragraph, an election is made under section 290 of that Act.

5 Where the conditions in section 183(1)(a) and (b) of the Capital Allowances Act (incoming lessee where lessor entitled to allowances) are fulfilled in relation to a lease to which this sub-paragraph applies—

a the lessee shall be deemed to have given as consideration for the lease a capital sum which falls to be treated for the purposes of Part 2 of that Act as expenditure on the provision of the fixture concerned; and

b the amount of that capital sum shall be equal to the amount of expenditure which is attributed to the fixture concerned for the purposes of apportioning, in accordance with the transfer scheme, expenditure by reference to which capital allowances may be made;. . .

^F70c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Section 38(1)(a) and (4) of the Taxes Act 1988 shall be disregarded in ascertaining for the purposes of section 35 of that Act (Schedule D charge on assignment of lease granted at an undervalue) the duration of a lease to which this sub-paragraph applies.

7 Subject to the repeals made by the ^M53Taxation of Chargeable Gains Act 1992, in section 68(7A) of the ^M54Finance Act 1985 (modification of indexation allowance: list of no gain/no loss provisions) there shall be added after paragraph (i) the words

8 Subject to the repeals made by the ^M55Taxation of Chargeable Gains Act 1992, in paragraph 1(3) of Schedule 8 to the Finance Act 1988 (rebasing to 1982: list of no gain/no loss provisions) there shall be added after paragraph (i) the words

^F979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of losses by reference to capital allowances¶

1 Where by virtue of sub-paragraph (4) of paragraph 5 above an election is made under section 290 of the Capital Allowances Act 2001 in respect of a lease to which that sub-paragraph applies, sub-paragraph (2) and, if the relevant condition is met, sub-paragraph (3) below shall apply; and for the purposes of this sub-paragraph the relevant condition is that, as a result of a disposal by the lessee in relevant circumstances, section 275(1) of the ^M56Income and Corporation Taxes Act 1970 or section 174(1) of the ^M57Taxation of Chargeable Gains Act 1992 applies in relation to a subsequent disposal.

2 Where this sub-paragraph applies, section 34 of the ^M58Capital Gains Tax Act 1979 or, as the case may be, section 41 of the Taxation of Chargeable Gains Act 1992 (restriction of losses by reference to capital allowances etc.) shall apply in relation to any disposal by the lessee as if any capital allowance made to—

a NIE or any predecessor, or

b the lessor,

in respect of expenditure incurred on the construction of the building or structure comprised in the lease had been made to the lessee.

3 Where this sub-paragraph applies, section 275(1) of the Income and Corporation Taxes Act 1970 or, as the case may be, section 174(1) of the Taxation of Chargeable Gains Act 1992 shall apply as if the reference to capital allowances made to the person from which the asset was acquired included capital allowances made to—

a NIE or any predecessor, or

b the lessor,

in respect of expenditure incurred on the construction of the building or structure comprised in the lease but only so far as not taken into account in relation to any previous disposal.

4 Where by virtue of sub-paragraph (5) of paragraph 5 above an election is made under section 183 of the Capital Allowances Act 2001 in respect of a lease to which that sub-paragraph applies, sub-paragraph (5) and, if the relevant condition is met, sub-paragraph (6) below shall apply; and the relevant condition for the purposes of this sub-paragraph is the same as the relevant condition for the purposes of sub-paragraph (1) above.

5 Where this sub-paragraph applies, section 34 of the Capital Gains Tax Act 1979 or, as the case may be, section 41 of the Taxation of Chargeable Gains Act 1992 shall apply in relation to any disposal by the lessee as if any capital allowance made to—

a NIE or any predecessor, or

b the lessor,

in respect of expenditure incurred on the provision of the fixture comprised in the lease had been made to the lessee.

6 Where this sub-paragraph applies, section 275(1) of the Income and Corporation Taxes Act 1970 or, as the case may be, section 174(1) of the Taxation of Chargeable Gains Act 1992 shall apply as if the reference to capital allowances made to the person from which the asset was acquired included capital allowances made to—

a NIE or any predecessor, or

b the lessor,

in respect of expenditure incurred on the provision of the fixture comprised in the lease but only so far as not taken into account in relation to any previous disposal.

Transfers between successor companies¶

7Where any property, rights and liabilities transferred by the Order to a successor company (the first company) are, in pursuance of Schedule 10 to the Order, transferred to another successor company (the second company)-

a the preceding provisions of this Schedule shall have effect as if the transfer effected by the Order had been a transfer to the second company; and

b anything which, in relation to the property, rights and liabilities transferred in pursuance of that Schedule, was done by the first company for the purposes of its trade shall be deemed to have been done by the second company for the purposes of its trade.

Apportionments etc.¶

1 This paragraph applies where any apportionment or other matter arising under the preceding provisions of this Schedule appears to be material as respects the liability to tax (for whatever period) of two or more successor companies.

2 Any question which arises as to the manner in which the apportionment is to be made or the matter is to be dealt with shall be determined, for the purposes of the tax of the successor companies concerned as if it were an appeal, and each of the successor companies shall be entitled to be a party to any proceedings —

^F104a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F104c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1053 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Securities of successor companies¶

1 Any share issued by a successor company in pursuance of Article 73 of the Order (initial government holding in successor companies) shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company of an amount equal to the nominal value of the share.

2 Any debenture issued by a successor company in pursuance of Article 73 of the Order shall be treated for the purposes of the Corporation Tax Acts as if it had been issued—

a wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debenture; and

b wholly and exclusively for the purposes of the trade carried on by the company.

3 If any such debenture includes provision for the payment of a sum expressed as interest in respect of a period which falls wholly or partly before the issue of the debenture, any payment made in pursuance of that provision in respect of that period shall be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of that period and, accordingly, as interest on the principal sum payable under the debenture.

Stamp duty reserve tax¶

1 No agreement made for the purposes of or for purposes connected with the transfer scheme shall give rise to a charge to stamp duty reserve tax.

2 No agreement which is made in pursuance of Schedule 10 to the Order shall give rise to a charge to stamp duty reserve tax.

3 This paragraph shall be deemed to have come into force on 1st April 1992.

SCHEDULE 18 ¶

Repeals

Section 82.

^I41Part I Excise duties: general¶

Chapter	Short title	Extent of repeal
1979 c. 2.	The Customs and Excise Management Act 1979.	Section 100H(1)(f).
		In section 117— (a) the word “relevant", in the first place where it occurs in subsection (1) and where it occurs in subsections (2)(a) and (5);and (b) the definition of “relevant excise duty" in subsection (8).
1979 c. 4.	The Alcoholic Liquor Duties Act 1979.	Section 41A(7)(d).
		Section 52.
1981 c. 35.	The Finance Act 1981.	In Schedule 8, in paragraph 2(d), sub-paragraph (ii) and the word “and" immediately preceding that sub-paragraph.
1986 c. 41.	The Finance Act 1986.	In Schedule 3, paragraphs 2 and 6.
1991 c. 31.	The Finance Act 1991.	In Schedule 2, paragraph 17.

^I371The repeal of section 100H(1)(f) of the Customs and Excise Management Act 1979 comes into force with paragraph 6 of Schedule 1 to this Act and is subject to sub-paragraph (2) of that paragraph.

^I382The repeals in section 117 of the Customs and Excise Management Act 1979 come into force with paragraph 5 of Schedule 2 to this Act.

3The repeal of section 41A(7)(d) of the Alcoholic Liquor Duties Act 1979 comes into force with paragraph 10 of Schedule 1 to this Act and is subject to sub-paragraph (2) of that paragraph.

4The repeals of section 52 of the Alcoholic Liquor Duties Act 1979 and of paragraph 17 of Schedule 2 to the Finance Act 1991 come into force with so much of paragraph 8 of Schedule 2 to this Act as inserts a new section 170B in the Customs and Excise Management Act 1979.

^I395The repeal in Schedule 8 to the Finance Act 1981 comes into force with paragraph 2(6) of Schedule 2 to this Act.

^I406The repeals of paragraphs 2 and 6 of Schedule 3 to the Finance Act 1986 come into force with sub-paragraphs (1) and (3), respectively, of paragraph 2 of Schedule 2 to this Act.

Part II Matches and mechanical lighters¶

Chapter	Short title	Extent of repeal
1979 c. 2.	The Customs and Excise Management Act 1979.	In section 1(1), in the definition of “the Customs and Excise Acts 1979", the words “the Matches and Mechanical Lighters Duties Act 1979".
		In section 178(2), the words “the Matches".
1979 c. 6.	The Matches and Mechanical Lighters Duties Act 1979.	The whole Act.
1979 c. 58.	The Isle of Man Act 1979.	In Schedule 1, paragraphs 34 and 35.
1981 c. 35.	The Finance Act 1981.	Section 3.
1983 c. 55.	The Value Added Tax Act 1983.	Section 24(3)(c).
1986 c. 41.	The Finance Act 1986.	Section 8(5)(g).
		In Schedule 5, paragraph 5.

These repeals have effect as from 1st January 1993.

Part III Vehicles excise duty: goods vehicles¶

Chapter	Short title	Extent of repeal
1971 c. 10.	The Vehicles (Excise) Act 1971.	In section 18A(3), in paragraph (c) of Case B the words from “in circumstances in which" to the end of the paragraph.

This repeal has effect in accordance with section 11 of this Act.

Part IV Vehicles excise duty: disabled persons¶

Chapter	Short title	Extent of repeal
1971 c. 10.	The Vehicles (Excise) Act 1971.	In section 7, in subsection (2)(c) the words “subsection (2C) below or section 7 of the Finance Act 1971" and subsections (2C) and (2D).
1971 c. 68.	The Finance Act 1971.	Section 7.
1972 c. 41.	The Finance Act 1972.	Section 128(2).
1974 c. 30.	The Finance Act 1974.	Section 50.
1977 c. 49.	The National Health Service Act 1977.	In Schedule 15, paragraph 54.
1978 c. 42.	The Finance Act 1978.	In section 8, subsections (2) and (3) and in subsection (4) the words “and (3)".
1991 c. 31.	The Finance Act 1991.	In Schedule 3, paragraph 5(1)(b) and (3).

These repeals have effect in accordance with section 12 of this Act.

Part V Value added tax¶

^I42(1) Abolition of fiscal frontiers¶

Chapter	Short title	Extent of repeal
1983 c. 55.	The Value Added Tax Act 1983.	In section 2, in subsection (2), the words from the beginning to “and" and subsections (4) and (5).
		In section 7(4), paragraph (a).
		In section 9(1), the word “and" at the end of paragraph (a).
		Section 10(6).
		Section 11(3) and (4).
		In section 14(3), the word “and" at the end of paragraph (a).
		In section 15(2), paragraph (c).
		In section 20(1), the words “or on the importation of goods by".
		In section 21(1), the words “or on the importation of goods by".
		Section 32(1).
		Section 36(3).
		In section 40(1)(j), the word “2".
		In Schedule 1— (a) in paragraph 5A(2), paragraph (b) and the word “or"immediately preceding it; and (b) in paragraph 15, the words from the beginning to “Act and".
		In Schedule 4, paragraphs 2 and 5 and, in paragraph 13, the word “2".
		In Schedule 5, in Item 1 of Group 15, the words “of imported goods".
		In Schedule 10, in the words in brackets in paragraph 6, the word “acquired".
1985 c. 54.	The Finance Act 1985.	In section 22(7), the words “sub-paragraph (1) or sub-paragraph (2) of".
1987 c. 16.	The Finance Act 1987.	Section 12(3).
		Section 13(2) and (3).
1988 c. 39.	The Finance Act 1988.	In section 14(8), paragraph (a).

These repeals come into force in accordance with section 14(3) of this Act.

(2) Fuel and power¶

Chapter	Short title	Extent of repeal
1983 c. 55.	The Value Added Tax Act 1983.	In Schedule 5, in Note (8) to Group 7, the words from “upon which" to “be charged".

This repeal has effect in accordance with section 17 of this Act.

Part VI Car tax¶

Chapter	Short title	Extent of repeal
1983 c. 53.	The Car Tax Act 1983.	In section 5— (a) in subsection (1), the word “and" at the end of paragraph (b); and subsection (6). (b)

These repeals come into force in accordance with section 18(2) of this Act.

Part VII Income tax and corporation tax¶

(1) Married couple’s allowance etc. ¶

Chapter	Short title	Extent of repeal
1988 c. 1.	The Income and Corporation Taxes Act 1988.	In section 265(4), the words from “(and" onwards.
1989 c. 26.	The Finance Act 1989.	In section 33(10), the reference to section 257B(2) of the Taxes Act 1988.
		In section 57(4), the reference to section 257B(2) of the Taxes Act 1988.
1991 c. 31.	The Finance Act 1991.	In section 33(4), the reference to section 257B(2) of the Taxes Act 1988.

These repeals have effect in accordance with paragraph 10 of Schedule 5 to this Act.

(2) Charities: powers of inspection ¶

Chapter	Short title	Extent of repeal
1970 c. 9.	The Taxes Management Act 1970.	In the Table in section 98, the words “Section 94(1) of the Finance Act 1990".
1990 c. 29.	The Finance Act 1990.	Section 94.

These repeals have effect in accordance with section 28 of this Act.

(3) Returns of Interest ¶

Chapter	Short title	Extent of repeal
1970 c. 9.	The Taxes Management Act 1970.	In section 17, in subsection (4) the words from “and if a person" to the end of the subsection.

This repeal has effect in accordance with section 29 of this Act.

(4) Distributions ¶

Chapter	Short title	Extent of repeal
1988 c. 1.	The Income and Corporation Taxes Act 1988.	Section 234(3) and (4).
1989 c. 26.	The Finance Act 1989.	Section 170(2).

These repeals have effect in accordance with section 32 of this Act.

(5) Deep gain securities ¶

Chapter	Short title	Extent of repeal
1990 c. 29.	The Finance Act 1990.	Section 57.
		In section 58(6), paragraph (b) and the word “and" immediately preceding it.

These repeals have effect in accordance with Schedule 7 to this Act.

(6) Transfers of trade ¶

Chapter	Short title	Extent of repeal
1988 c. 39.	The Finance Act 1988.	In Schedule 11, in paragraph 5 the word “intra-group".

This repeal has effect in accordance with section 49 of this Act.

(7) Oil extraction ¶

Chapter	Short title	Extent of repeal
1988 c. 1.	The Income and Corporation Taxes Act 1988.	In section 502(1), in the definition of “oil extraction activities", in paragraph (c) the words “as far as dry land in the United Kingdom".

This repeal has effect in accordance with section 55(2) of this Act.

(8) Paying and collecting agents etc. ¶

Chapter	Short title	Extent of repeal
1970 c. 9.	The Taxes Management Act 1970.	In section 86(4), paragraph 2 of the Table.
1988 c. 1.	The Income and Corporation Taxes Act 1988.	In section 123(3), the words from “and income tax" to the end.
		In Schedule 3, paragraphs 6(2) and 7 to 10, in paragraph 13(1) the words “Without prejudice to the generality of paragraph 7 above" and paragraph 15(2).

These repeals have effect in accordance with paragraph 6 of Schedule 11 to this Act.

(9) Enterprise zones ¶

Chapter	Short title	Extent of repeal
1990 c. 1.	The Capital Allowances Act 1990.	In section 1(10), the words from “and, except for that purpose" to the end of the subsection.
		Section 6(5).

These repeals have effect in accordance with paragraph 14 of Schedule 13 to this Act.

Part VIII Oil taxation¶

Chapter	Short title	Extent of repeal
1975 c. 22.	The Oil Taxation Act 1975.	In section 3(4)(c)(i) the words from “of either" to “designated area".
		In section 12(1), in the definitions of “initial storage" and “initial treatment" the words “in the United Kingdom, the territorial sea thereof or a designated area".
		In Schedule 3, in the heading to paragraph 7 the words “in United Kingdom".
1983 c. 56.	The Oil Taxation Act 1983.	In Schedule 1, in paragraph 1, in sub-paragraph (4) paragraph (c) and the word “and" immediately preceding it.
		In Schedule 4, in paragraph 11, in sub-paragraph (3) the words from “and on" to “(4) below", and sub-paragraph (4).

These repeals have effect in accordance with sections 55(3) and 74(5) of this Act.

Part IX General and Special Commissioners¶

Chapter	Short title	Extent of repeal
1970 c. 9.	The Taxes Management Act 1970.	Section 57B.
1984 c. 43.	The Finance Act 1984.	In Schedule 22, paragraph 4.

Part X Northern Ireland Electricity¶

Chapter	Short title	Extent of repeal
1992 c. 12.	The Taxation of Chargeable Gains Act 1992.	In section 35(3)(d) the word “and" at the end of sub-paragraph (vi).

This repeal has effect in accordance with paragraph 5(9) of Schedule 17 to this Act.

Part XI Treasury bills¶

Chapter	Short title	Extent of repeal
1877 c. 2.	The Treasury Bills Act 1877.	In section 8 the words “countersigned by the Comptroller and Auditor General".

This repeal has effect in accordance with section 79 of this Act.

Part XII National loans¶

Chapter	Short title	Extent of repeal
1968 c. 13.	The National Loans Act 1968.	Section 5(8).

This repeal has effect in accordance with section 80 of this Act.

Footnotes

I1
Act partly in force at Royal Assent; for exceptions see ss. 1(8), 2(6), 3(2), 12(2), 14(3), 16(6), 62(4) and Sch. 9 para. 22.
I2
S. 1(1)-(7) wholly in force (and power in s. 1(8) exercisable by virtue of Interpretation Act 1978 (c. 30), s. 13); s. 1 not in force at Royal Assent see s. 1(8); s. 1(1)-(4)(6)(7) wholly in force and s. 1(5) in force for certain purposes at 1.12.1992 by S.I. 1992/2979, art. 3, Sch. Pt. I; s. 1(5) in force for further purposes at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7) and s. 1(5) wholly in force at 1.6.1993 by S.I. 1993/1341, art. 2, Sch.
M1
1979 c. 2.
P1
S. 1(8) power partly exercised (30.11.1992): 1.12.1992 appointed for specified provisions by S.I. 1992/2979, arts. 3, 4, Sch. (with transitional provisions).
S. 1(8) power partly exercised (17.12.1992): 1.1.1993 appointed for specified provisions by S.I. 1992/3261, art. 3, Sch. (with transitional provisions).
S. 1(8) power partly exercised (21.5.1993): 1.6.1993 appointed for specified provisions y S.I. 1993.1341, art. 2, Sch.
I3
S. 2 wholly in force at 1.6.1993 S. 2 not in force at Royal assent see s. 2(6). S. 2 partly in force at 1.12.1992 by S.I. 1992/2979, art. 3, Sch. Pt. I. S. 2 wholly in force at 1.6.1993 by S.I. 1993/1341, art. 2, Sch.
F1
Words in s. 2(1) inserted (27.7.1999) by 1999 c. 16, s. 11(1)
F2
Words in s. 2(1) and s. 2(1)(b) inserted (27.7.1999) by 1999 c. 16, s. 11(1)
F3
Words in s. 2(5) substituted (27.7.1999) by 1999 c. 16, s. 11(2)
M2
1979 c. 2.
P2
S. 2(6) power fully exercised (30.11.1992): 1.12.1992 appointed day by S.I. 1992/2979, art. 3, Sch. Pt. I (with transitional provisions).
I4
S. 3 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
P3
S. 3(2) power partly exercised (8.12.1992): 9.12.1992 appointed for specified provisions by S.I. 1992/3104, art. 2.
S. 3(2): power partly exercised (21.5.1993): 1.6.1993 appointed for specified provisions by S.I. 1993/1341, art. 2, Sch.
M3
1979 c. 2.
M4
1979 c. 2.
M5
1979 c. 6.
M6
1979 c. 7.
M7
1991 c. 31.
M8
1979 c. 2.
F4
S. 11(1)(3)(10)(11) repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
F5
S. 11(2) and (4)-(9) repealed (8.11.1993) by S.I. 1993/2452, art. 3, Sch. 2
F6
S. 12 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
F7
S. 13 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt I (with s. 57(4))
I5
S. 14 wholly in force; s. 14 not in force at Royal Assent see s. 14(3); s. 14(2) in force for certain purposes at 1.8.1992 by S.I. 1992/1867, art. 3, Sch. Pt. I; s. 14(2) in force for certain purposes at 1.12.1992 by S.I. 1992/2979, art. 3, Sch. Pt. II; S. 14 in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3 (with transitional provisions in arts. 4, 5, 6, and 7).
F8
S. 14(1)(3)-(6) repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
M9
1983 c. 55.
M10
1985 c. 54.
F9
S. 15 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
F10
S. 16 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
F11
S. 17 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
F12
S. 18 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
M11
1983 c. 53.
P4
S. 18(2) power fully exercised (30.7.1992): 1.1.1993 appointed day by S.I. 1992/1867, art. 4, Sch. Pt. II.
M12
1970 c. 9.
F13
S. 19(5) and words in s. 19(3) repealed (3.5.1994 with effect in accordance with s. 81(6) of the repealing Act) by 1994 c. 9, s. 258, Sch. 26 Pt. V(2), Note
F14
S. 19(4) repealed (in force in accordance with s. 73 and Sch. 6 of the repealing Act) by 1996 c. 8, s. 205, Sch. 41 Pt. V(1), Note(1)
F15
S. 23 repealed (27.7.1999 with effect for the year 1999-00 and subsequent years of assessment) by 1999 c. 16, s. 139, Sch. 20 Pt. III(1), Note
F16
S. 25(1) repealed (28.7.2000 with effect as mentioned in Sch. 40 Pt. II(12) Note 11 of the amending Act) by 2000 c. 17, s. 156, Sch. 40 Pt. II(12)
M13
1992 c. 12.
M14
1970 c. 10.
F17
S. 26 repealed (27.7.1993 with effect in accordance with s. 67 as mentioned in Sch. 23 Pt. III Note) by 1993 c. 34, s. 213, Sch. 23 Pt.III Note
F18
S. 27 repealed (1.5.1995 with effect for the year 1995-96 and subsequent years of assessment) by 1995 c. 4, s. 162, Sch. 29 Pt. VIII(8), Note
M15
1970 c. 9.
M16
1990 c. 29.
M17
1970 c. 9.
F19
S. 30 repealed (29.4.1996 with effect in accordance with Sch. 7 of the repealing Act) by 1996 c. 8, s. 205, Sch. 41 Pt. V(2) Note
F20
S. 33 repealed (29.4.1996 with effect in accordance with ss. 80-105 of the repealing Act) by 1996 c. 8, s. 205, Sch. 41 Pt V(3), Note
F21
S. 35(1) repealed (24.7.2002 with effect as mentioned in Sch. 9 paras. 7, 8 of the amending Act) by 2002 c. 23, s. 141, Sch. 40 Pt. 3(2)
M18
1979 c. 14.
M19
1989 c. 26.
F22
S. 38 repealed (3.5.1994 with effect in relation to shares issued on or after 1.1.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. V(17), Note
F23
S. 39 repealed (3.5.1994 with effect in relation to shares issued on or after 1.1.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. V(17), Note
F24
S. 40 repealed (3.5.1994 with effect in relation to shares issued on or after 1.1.1994) by 1994 c. 9, s. 258, Sch. 26 Pt. V(17), Note
M20
1992 c. 12.
M21
1992 c. 12.
M22
1992 c. 12.
M23
1989 c. 26.
F25
S. 57 repealed (31.7.1998 with effect in accordance with s. 38(2)(3) of the repealing Act) by 1998 c. 36, s. 165, Sch. 27 Pt. III(4), Note
F26
S. 58 repealed (31.7.1998 with effect in accordance with s. 38(2)(3) of the repealing Act) by 1998 c. 36, s. 165, Sch. 27 Pt. III(4), Note
F27
S. 67 repealed (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 579(1), 580, Sch. 4
F28
S. 68 repealed (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 579(1), 580, Sch. 4
F29
S. 69 repealed (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 579(1), 580, Sch. 4
F30
S. 70 repealed (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 579(1), 580, Sch. 4
F31
S. 71 repealed (22.3.2001 with effect as mentioned s. 579(1) of the amending Act) by 2001 c. 2, ss. 579(1), 580, Sch. 4
M24
1984 c. 51.
M25
1986 c. 41.
M26
1986 c. 41.
M27
1975 c. 22.
F32
S. 78 repealed (31.7.1998 subject as mentioned in Note 1 to the repealing Schedule) by 1998 c. 36, s. 165, Sch. 27 Pt. V(3) Note 1
F33
S. 79 repealed (with application in relation to issues made on or after 15.11.1999) by 1998 c. 36, ss. 159, 165, Sch. 27 Pt. V(1), Note; S.I. 1999/2908, art. 2(1)
M28
1968 c. 13.
M29
1988 c. 1.
I6
Sch. 1 para. 1 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I7
Sch. 1 para. 2 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I8
Sch. 1 para. 3 wholly in force; Sch. 1 not in force at Royal Assent see. s 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I9
Sch. 1 para. 4 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I10
Sch. 1 para. 5 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I11
Sch. 1 para. 6 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I12
Sch. 1 para. 7 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I13
Sch. 1 para. 8 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I14
Sch. 1 para. 12 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I15
Sch. 1 para. 13 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I16
Sch. 1 wholly in force; Sch. 1 not in force at Royal Assent see s. 1(8); Sch. 1 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 1, except paras. 9-11, in force insofar as not already in force at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7) Sch. 1 paras. 9-11 in force at 1.6.1993 by S.I. 1993/1341, art. 2, Sch.
I17
Sch. 2 para. 1 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I18
Sch. 2 para. 2 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
F34
Sch. 2 para. 2(6) repealed (1.1.1995) by 1994 c. 9, ss. 19, 258, Sch. 26 Pt. III Note (with s. 19(3)); S.I. 1994/2679, art. 3
I19
Sch. 2 para. 3 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I20
Sch. 2 para. 4 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I21
Sch. 2 para. 5 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
F35
Words in Sch. 2 para. 5 repealed (1.7.1997) by 1997 c. 16, s. 113, Sch. 18 Pt. V(2); S.I. 1997/1433, art. 2
I22
Sch. 2 para. 6 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I23
Sch. 2 para. 7 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I24
Sch. 2 para. 8 wholly in force; Sch. 2 para. 8 not in force at Royal Assent see s. 3(2); Sch. 2 para. 8 partly in force at 9.12.1992 by S.I. 1992/3104, art. 2(1)(2), Sch. 2 para. 8 wholly in force at 1.6.1993 by S.I. 1993/1341, art. 2, Sch.
I25
Sch. 2 para. 9 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I26
Sch. 2 para. 10 wholly in force at 9.12.1992 see s. 3(2) and S.I. 1992/3104, art. 2(1).
I27
Sch. 2 wholly in force; Sch. 2 not in force at Royal Assent see s. 3(2); Sch. 2 partly in force at 9.12.1992 by S.I. 1992/3104, art. 2, Sch. 2 wholly in force at 1.6.1993 by S.I. 1993/1341, art. 2, Sch.
F36
Sch. 3 Pt. I repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
F37
Sch. 3 Pt. II repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 102(1), Sch. 15
I28
Sch. 3 para. 87 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I29
Sch. 3 para. 88 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I30
Sch. 3 para. 89 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I31
Sch. 3 para. 90 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
F38
Sch. 3 para. 91 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt. I (with s. 57(4))
I32
Sch. 3 para. 92 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I33
Sch. 3 para. 93 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I34
Sch. 3 para. 94 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I35
Sch. 3 para. 95 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
M30
1985 c. 54.
I36
Sch. 3 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.8.1992 by S.I. 1992/1867, art. 3, Sch. Pt. I; Sch. 3 partly in force at 1.12.1992 S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
F39
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
M31
1983 c. 53.
F40
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F41
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F42
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F43
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F44
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F45
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F46
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F47
Sch. 4 deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
F48
Sch. 5 para. 3 repealed (27.7.1999 with effect for the year 2000-01 and subsequent years of assessment) by 1999 c. 16, s. 139, Sch. 20 Pt. III(3)
F49
Sch. 5 para. 4 repealed (27.7.1999 with effect for the year 2000-01 and subsequent years of assessment) by 1999 c. 16, s. 139, Sch. 20 Pt. III(3)
F50
Sch. 5 para. 5 repealed (27.7.1999 with effect for the year 2000-01 and subsequent years of assessment) by 1999 c. 16, s.139, Sch. 20 Pt. III(4)
F51
Sch. 5 para. 6 repealed (27.7.1999 with effect for the year 2000-01 and subsequent years of assessment) by 1999 c. 16, s. 139, Sch. 20 Pt. III(4)
F52
Sch. 5 para. 7 repealed (27.7.1999 with effect for the year 2001-02 and subsequent years of assessment) by 1999 c. 16, s. 139, Sch. 20 Pt. III(5), Note 2
F53
Sch. 5 para. 8(2) repealed (3.5.1994 with effect in accordance with s. 77(7) of the repealing Act) by 1994 c. 9, ss. 77(7), 258, Sch. 26 Pt. V(1), Note
M32
1970 c. 10.
M33
1992 c. 12.
M34
1992 c. 12.
F54
Sch. 7 repealed (29.4.1996 with effect in accordance with ss. 80-105 of the repealing Act) by 1996 c. 8, s. 205, Sch. 41 Pt. V(3), Note
F55
Sch. 9 para. 3 repealed (1.12.2001 with effect as mentioned Sch. Note 1 of the amending S.I.) by S.I. 2001/3629, art. 109, Sch.
M35
1970 c. 31 (N.I.).
F56
Sch. 9 para. 5(5)(c) repealed (1.12.2001 with effect as mentioned Sch. Note 1 of the amending S.I.) by S.I. 2001/3629, art. 109, Sch.
F57
Sch. 9 para. 6(b) repealed (1.12.2001 with effect as mentioned Sch. Note 1 of the amending S.I.) by S.I. 2001/3629, art. 109, Sch.
F58
Sch. 9 para. 14(2) repealed (29.4.1996 with effect in accordance with s. 171 of the repealing Act) by 1996 c. 8, s. 205, Sch. 41 Pt. V(23), Note
F59
Sch. 9 para. 19(3) repealed (5.5.1996 in accordance with s. 55(1)-(5) of the repealing Act) by 1995 c. 4, ss. 55(1)-(5), 162, Sch. 29 Pt. VIII(6), Note
M36
1992 c. 12.
M37
1979 c. 14.
M38
1992 c. 12.
M39
1985 c. 54.
M40
1988 c. 39.
P5
Sch. 9 para. 22: Power exercised (9.2.1993) by S.I. 1993/236
F60
Sch. 13 repealed (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 579(1), 580, Sch. 4
M41
1984 c. 51.
M42
1986 c. 41.
M43
1984 c. 51.
M44
1975 c. 22.
M45
1982 c. 39.
M46
1983 c. 56.
M47
1986 c. 41.
M48
S.I. 1992/231 (N.I. 1)
M49
1979 c. 14.
M50
1992 c. 12.
M51
1979 c. 14.
M52
1992 c. 12.
F61
Words in Sch. 17 para. 5(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(1)(a)
F62
Words in Sch. 17 para. 5(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(1)(b)
F63
Words in Sch. 17 para. 5(4)(a) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(1)(c)
F64
Words in Sch. 17 para. 5(4)(b) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(1)(d)
F65
Words in Sch. 17 para. 5(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(1)(e)
F66
Words in Sch. 17 para. 5(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(1)(f)
F67
Words in Sch. 17 para. 5(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(2)(a)
F68
Words in Sch. 17 para. 5(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(2)(b)
F69
Words in Sch. 17 para. 5(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(2)(c)
F70
Sch. 17 para. 5(4)(c) and word “and" immediately preceding it repealed (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 580, 579(1), Sch. 2 para. 87(2)(d), Sch. 4
M53
1992 c. 12.
M54
1985 c. 54.
M55
1992 c. 12.
F71
Words in Sch. 17 para. 6(1) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(3)
M56
1970 c. 10.
M57
1992 c. 12.
M58
1979 c. 14.
F72
Words in Sch. 17 para. 6(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, ss. 578, 579(1), Sch. 2 para. 87(4)
I37
Sch. 1 para. 6(1)(a) of this Act wholly in force at 1.12.1992 by virtue of S.I. 1992/2979, art. 4, Sch. Pt. II.
I38
Sch. 2 para. 5 of this Act wholly in force at 9.12.1992 by S.I. 1992/3104, art. 2(1).
I39
Sch. 2 para. 2(6) of this Act wholly in force at 9.12.1992 by S.I. 1992/3104, art. 2(1).
I40
Sch. 2 para. 2(1)(3) of this Act wholly in force at 9.12.1992 by S.I. 1992/3104, art. 2(1).
I41
Sch. 18 Pt. I partly in force; Sch. 18 Pt. I not in force at Royal Assent see. s. 82 and notes 1-6 below.
I42
Repeals in Sch. 18 Pt. V(1) expressed to come into force in accordance with s. 14(3); s. 14 and Sch. 3 partly in force at 1.8.1992 see s. 14(3) and S.I. 1992/1867, art. 3, Sch. Pt. I; s. 14 and Sch. 3 partly in force at 1.12.1992 see s. 14(3) and S.I. 1992/2979, art. 3, Sch. Pt. II; s. 14 and Sch. 3 in force insofar as not already in force at 1.1.1993 see s. 14(3) and S.I. 1992/3261, art. 3, Sch.
F73
Sch. 18 Pt. VI deemed never to have been enacted by virtue of Car Tax (Abolition) Act 1992 (c. 58), ss. 4, 5
M59
1989 c. 26.
M60
1990 c. 1.
I43
Sch. 3 para. 12 wholly in force at 1.8.1992 by S.I. 1992/1867, para. 3, Sch. Pt. I.
I44
Sch. 3 para. 11 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I45
Sch. 3 para. 13 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I46
Sch. 3 para. 14 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I47
Sch. 3 para. 61 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 para. 61(3) wholly in force at 1.8.1992 by S.I. 1992/1867, art. 3, Sch. Pt. I; Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I48
Sch. 3 para. 62 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I49
Sch. 3 para. 1 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I50
Sch. 3 para. 2 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I51
Sch. 3 para. 3 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I52
Sch. 3 para. 4 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I53
Sch. 3 para. 5 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I54
Sch. 3 para. 6 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
F74
Sch. 3 para. 6(2)(b) and the word immediately preceding it repealed (27.7.1993 with effect in accordance with s. 44(4) as mentioned in Sch. 23 Pt. II Note) by 1993 c. 34, ss. 44(4), 213, Sch. 23 Pt.II Note
I55
Sch. 3 para. 7 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I56
Sch. 3 para. 8 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I57
Sch. 3 para. 9 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I58
Sch. 3 para. 10 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I59
Sch. 3 para. 15 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I60
Sch. 3 para. 16 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I61
Sch. 3 para. 17 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I62
Sch. 3 para. 18 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I63
Sch. 3 para. 19 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I64
Sch. 3 para. 20 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I65
Sch. 3 para. 21 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I66
Sch. 3 para. 22 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I67
Sch. 3 para. 23 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I68
Sch. 3 para. 24 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I69
Sch. 3 para. 25 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I70
Sch. 3 para. 26 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I71
Sch. 3 para. 27 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I72
Sch. 3 para. 28 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I73
Sch. 3 para. 29 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I74
Sch. 3 para. 30 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I75
Sch. 3 para. 31 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I76
Sch. 3 para. 32 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I77
Sch. 3 para. 33 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I78
Sch. 3 para. 34 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I79
Sch. 3 para. 35 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I80
Sch. 3 para. 36 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I81
Sch. 3 para. 37 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I82
Sch. 3 para. 38 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I83
Sch. 3 para. 39 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I84
Sch. 3 para. 40 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I85
Sch. 3 para. 41 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I86
Sch. 3 para. 42 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
M61
1968 c. 2.
I87
Sch. 3 para. 43 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I88
Sch. 3 para. 44 wholly in force. Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6 and 7).
I89
Sch. 3 para. 45 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I90
Sch. 3 para. 46 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I91
Sch. 3 para. 47 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I92
Sch. 3 para. 48 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I93
Sch. 3 para. 49 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I94
Sch. 3 para. 50 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I95
Sch. 3 para. 51 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I96
Sch. 3 para. 52 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I97
Sch. 3 para. 53 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I98
Sch. 3 para. 54 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I99
Sch. 3 para. 55 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I100
Sch. 3 para. 56 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I101
Sch. 3 para. 57 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I102
Sch. 3 para. 58 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I103
Sch. 3 para. 59 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I104
Sch. 3 para. 60 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I105
Sch. 3 para. 63 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I106
Sch. 3 para. 64 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I107
Sch. 3 para. 65 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I108
Sch. 3 para. 66 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I109
Sch. 3 para. 67 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I110
Sch. 3 para. 68 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I111
Sch. 3 para. 69 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I112
Sch. 3 para. 70 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I113
Sch. 3 para. 71 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I114
Sch. 3 para. 72 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I115
Sch. 3 para. 73 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I116
Sch. 3 para. 74 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I117
Sch. 3 para. 75 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I118
Sch. 3 para. 76 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I119
Sch. 3 (paras. 1-95) wholly in force; Sch. 3 (paras. 1-95) partly in force at 1.12.1992 see s. 14(3) and S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 (paras. 1-95) wholly in force at 1.1.1993 sse s. 14(3) and S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I120
Sch. 3 para. 78 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I121
Sch. 3 para. 79 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I122
Sch. 3 para. 80 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I123
Sch. 3 para. 81 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I124
Sch. 3 para. 82 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I125
Sch. 3 para. 83 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I126
Sch. 3 para. 84 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
I127
Sch. 3 para. 85 partly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6 and 7).
I128
Sch. 3 para. 86 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.12.1992 by S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).
F75
S. 37 repealed (6.4.2003) (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 8 Pt. 1 (with Sch. 7)
F76
S. 54 repealed (6.4.2003) (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 8 Pt. 1 (with Sch. 7)
F77
Sch. 10 repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 461, Sch. 3 (with Sch. 2)
F78
Words in s. 19(2) repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 3 (with Sch. 2)
F79
S. 19(6) repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 3 (with Sch. 2)
F80
S. 59 repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 460, Sch. 3 (with Sch. 2)
F81
S. 60 repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 3 (with Sch. 2)
F82
Sch. 15 para. 4(1) repealed (19.7.2006) (with effect in accordance with Sch. 26 Pt. 5(1) Note 2 of the amending Act) by Finance Act 2006 (c. 25), Sch. 26 Pt. 5(1)
F83
Ss. 40A-43 repealed (19.7.2006) (with effect in accordance with Sch. 26 Pt. 3(4) Note 1 of the amending Act) by Finance Act 2006 (c. 25), Sch. 26 Pt. 3(4)
F84
Sch. 8 paras. 2-5 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F85
S. 19(3) repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F86
S. 61 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F87
S. 62 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F88
S. 64 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F89
Words in Sch. 9 para. 2(2) repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F90
S. 65 repealed (19.7.2007) (with effect in accordance with s. 39(2) of the amending Act) by Finance Act 2007 (c. 11), Sch. 8 para. 19, Sch. 27 Pt. 2(8) (with Sch. 8 Pt. 2)
F91
Sch. 9 para. 8(3) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(12)
F92
Sch. 9 para. 11(2) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 27 Pt. 2(12)
F93
S. 46(2) omitted (21.7.2008) (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(a)(i)
F94
Sch. 9 para. 9 omitted (21.7.2008) by virtue of Finance Act 2008 (c. 9), Sch. 18 para. 5(3)(b)
F95
Sch. 9 para. 15 omitted (21.7.2008) (with effect in accordance with Sch. 14 para. 18 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 14 para. 17(c)
F96
Sch. 9 para. 21(2) omitted (21.7.2008) (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(a)(ii)
F97
Sch. 17 para. 5(9) omitted (21.7.2008) (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(a)(iii)
C1
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
F98
S. 75 cross-heading omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 186(a)
F99
Sch. 16 omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 186(c)
F100
S. 28(1)-(3) omitted (1.4.2009) by virtue of Finance Act 2008 (c. 9), s. 113(2), Sch. 36 para. 86 (with Sch. 36 para. 38); S.I. 2009/404, art. 2
F101
S. 75 omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 186(b)
F102
S. 76 omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 186(b)
F103
Words in Sch. 17 para. 8(2) inserted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 187(2)(a)
F104
Sch. 17 para. 8(2)(a)(b)(c) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 187(2)(b)
F105
Sch. 17 para. 8(3) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 187(3)
F106
S. 2(3)(b) and word repealed (1.9.2008 for specified purposes, 1.6.2009 for specified purposes) by Finance Act 1998 (c. 36), Sch. 2 paras. 6(2), 12, Sch. 27(5); S.I. 2008/2302, arts. 2, 3; S.I. 2009/1022, arts. 2, 3
F107
S. 2(3A)(3B) inserted (1.9.2008 for specified purposes, 1.6.2009 for specified purposes) by Finance Act 1998 (c. 36), Sch. 2 paras. 6(3), 12; S.I. 2008/2302, arts. 2, 3; S.I. 2009/1022, arts. 2, 3
F108
Words in s. 4(1) inserted (21.7.2009) by Finance Act 2009 (c. 10), s. 112(2)
F109
S. 4(1A) inserted (21.7.2009) by Finance Act 2009 (c. 10), s. 112(3)
F110
Words in s. 4(2) substituted (21.7.2009) by Finance Act 2009 (c. 10), s. 112(4)
F111
Sch. 5 para. 2 omitted (21.7.2009) (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(d)
F112
Sch. 5 para. 8(4) omitted (21.7.2009) (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(d)
F113
Sch. 5 para. 9(3) omitted (21.7.2009) (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(d)
F114
Word in s. 4(2)(b) repealed (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 99(2)(a), 116(3)(b), Sch. 8 Pt. 9; S.I. 2010/52, art. 2
F115
S. 4(2)(d) and word inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 99(2)(b), 116(3)(b); S.I. 2010/52, art. 2
F116
S. 4(3)(ga) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 98(2), 116(3)(a); S.I. 2010/52, art. 2
F117
Words in s. 4(5) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 99(3)(a), 116(3)(b); S.I. 2010/52, art. 2
F118
Word in s. 4(5) repealed (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 99(3)(b), 116(3)(b), Sch. 8 Pt. 9; S.I. 2010/52, art. 2
F119
Words in s. 4(5) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 99(3)(c), 116(3)(b); S.I. 2010/52, art. 2
F120
Sch. 6 paras. 1-3 repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
F121
Sch. 12 repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 270(3), Sch. 3 Pt. 2 (with Sch. 1 para. 270(4), Sch. 2), and Sch. 12 also repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 65, Sch. 10 Pt. 12 (with Sch. 9 paras. 1-9, 22)
F122
S. 22 repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
F123
S. 31 repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
F124
S. 32(1) repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
F125
S. 32(2)(a) repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
F126
S. 32(3) repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
F127
S. 50 repealed (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)
F128
S. 51(1)(2) repealed (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)
F129
S. 52 repealed (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 1 (with Sch. 9 paras. 1-9, 22)
F130
S. 55 repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 2 (with Sch. 2), and s. 55 also repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 10 Pt. 6 (with Sch. 9 paras. 1-9, 22)
F131
S. 66 repealed (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 270(2), Sch. 3 Pt. 2 (with Sch. 1 para. 270(4), Sch. 2), and s. 66 also repealed (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 64, Sch. 10 Pt. 12 (with Sch. 9 paras. 1-9, 22)
F132
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with arts. 3(2)(3), 4(2), 6(4)(5))
F133
Ss. 47-49 repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1
F134
Sch. 11 repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1
F135
S. 63 repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1
F136
Sch. 6 para. 3 repealed (28.7.2000 with effect as mentioned in Sch. 40 Pt. II(11) Note 3 of the amending Act) by 2000 c. 17, s. 156, Sch. 40 Pt. II(11)
F137
Words in s. 4(1) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(2)(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
F138
Words in s. 4(1) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(2)(b) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
F139
Words in s. 4(1A) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(3) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
F140
Words in s. 4(2)(b) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(4)(b) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
F141
Words in s. 4(5) omitted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by virtue of Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(5) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
F142
Word in s. 4(2)(a) omitted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by virtue of Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(4)(a)(i) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
F143
Words in s. 4(2)(a) substituted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 13(4)(a)(ii) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9
C2
S. 4 applied (with modifications) (1.8.2021) by S.I. 1995/2518, regs. 133M(1), 133N(2) (as inserted by The Value Added Tax (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/715), regs. 1, 47)
C3
S. 1 applied (18.3.2026) by Finance Act 2026 (c. 11), s. 118
F144
S. 7 omitted (1.4.2026) by virtue of Finance Act 2026 (c. 11), s. 88(3), Sch. 13 para. 5 (with Sch. 13 para. 21)

Portion of value		Rate of tax
Lower limit	Upper limit	Per cent.
£	£

0	150,000	Nil
150,000		40

Finance (No. 2) Act 1992

Part I Customs and Excise, Value Added Tax and Car Tax¶

Chapter I Customs and Excise¶

Abolition of fiscal frontiers etc.¶

I2C31 Powers to fix excise duty point.¶

I32 Power to provide for drawback of excise duty.¶

I43 Protection of revenues derived from excise duties.¶

C24 Enforcement powers.¶

5 Controls of persons entering the United Kingdom.¶

Other provisions¶

6 Abolition of duties on matches and mechanical lighters.¶

F1447 Bingo duty: increased exemption etc.¶

8 Tobacco products duty: retail price of cigarettes.¶

9 Amendments relating to new beer duty regime.¶

10 Search of aircraft.¶

11 Vehicles excise duty: goods vehicles.¶

F612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F713 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Chapter II Value Added Tax¶

I514 Abolition of fiscal frontiers etc.¶

F915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Chapter III Car Tax¶

18 Abolition of fiscal frontiers.¶

Part II Income Tax, Corporation Tax and Capital Gains Tax¶

Chapter I General¶

Lower rate¶

19 Lower rate: further provisions.¶

Married couple’s allowance etc.¶

20 Married couple’s allowance etc.¶

Corporation tax charge and rate¶

21 Charge and rate of corporation tax for 1992.¶

F12222 Small companies.¶

Capital gains tax¶

F1523 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

Groups etc.¶

24 Amendments relating to group relief etc.¶

25 Companies ceasing to be members of groups.¶

Charities etc.¶

F1726 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F1827 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

28 Powers of inspection.¶

Interest, dividends and distributions¶

29 Returns of interest.¶

F1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F12331 Equity notes.¶

32 Information relating to distributions.¶

Securities and deposits¶

F2033 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

34 Rights in pursuance of deposits.¶

35 Exchange of securities.¶

Employee shares¶

36 Employee share ownership trusts.¶

F7537 Employee share schemes: special benefits.¶

Business expansion scheme¶

F2238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F2440 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

F8340A Revenue nature of expenditure on master versions of films¶

F8340B Allocation of expenditure to periods¶

F8340C Cases where section 40B does not apply¶

F8340D Election for sections 40A and 40B not to apply¶

Films¶

F8341 Relief for preliminary expenditure.¶

F8342 Relief for production or acquisition expenditure.¶

F8343 Interpretation of sections 41 and 42.¶

Transfers of trade¶

44 Transfer of a UK trade: amendment of 1992 Act.¶

45 Transfer of a non-UK trade: amendment of 1992 Act.¶

46 Transfer of a trade: supplementary (1).¶

F13347 Transfer of a UK trade: amendment of 1970 Act.¶

F13348 Transfer of a non-UK trade: amendment of 1970 Act.¶

F13349 Transfer of a trade: supplementary (2).¶

Double taxation relief¶

F12750 Transfer of a non-UK trade.¶

51 The Arbitration Convention.¶

F12952 Interest.¶

Miscellaneous¶

53 Car fuel: cash equivalents.¶

^I2^C31 Powers to fix excise duty point.¶

^I32 Power to provide for drawback of excise duty.¶

^I43 Protection of revenues derived from excise duties.¶

^C24 Enforcement powers.¶

^F1447 Bingo duty: increased exemption etc.¶

^F612 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F713 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I514 Abolition of fiscal frontiers etc.¶

^F915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F12222 Small companies.¶

^F1523 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1726 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1827 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F1930 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F12331 Equity notes.¶

^F2033 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F7537 Employee share schemes: special benefits.¶

^F2238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2440 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F8340A Revenue nature of expenditure on master versions of films¶

^F8340B Allocation of expenditure to periods¶

^F8340C Cases where section 40B does not apply¶

^F8340D Election for sections 40A and 40B not to apply¶

^F8341 Relief for preliminary expenditure.¶

^F8342 Relief for production or acquisition expenditure.¶

^F8343 Interpretation of sections 41 and 42.¶

^F13347 Transfer of a UK trade: amendment of 1970 Act.¶

^F13348 Transfer of a non-UK trade: amendment of 1970 Act.¶

^F13349 Transfer of a trade: supplementary (2).¶

^F12750 Transfer of a non-UK trade.¶

^F12952 Interest.¶

^F7654 Foreign earnings.¶

^F13055 Oil extraction activities: extended transportation.¶

^F2557 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2658 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F8059 Furnished accommodation.¶

^F8160 Deduction on account of certain payments.¶

^F8661 Qualifying maintenance payments: extension to member States.¶

^F8762 Qualifying maintenance payments: maintenance assessments etc.¶

^F13563 Paying and collecting agents etc.¶

^F8864 Reduced and composite rate.¶

^F9065 Life assurance business: I minus E basis.¶

^F13166 Banks etc. in compulsory liquidation.¶

^F2767 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2868 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F2969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3070 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F98...¶

^F10175 Change of name.¶

^F10276 Miscellaneous.¶

^F3278 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^F3379 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .¶

^I16SCHEDULE 1 ¶

^I27SCHEDULE 2 ¶

^I36SCHEDULE 3 ¶

^F36Part I ¶

^I491 ¶

^I502 ¶

^I513 ¶