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SCHEDULES

SCHEDULE 12Amendments Arising from Chapter II of Part II of this Act

PART IAmendments of the Income Tax Acts

The Income Tax Act 1952(15 & 16 Geo. 6. & 1 Eliz. 2. c. 10)

2In subsections (1) and (4) of section 34 and in section 35, for the words " Schedules A and B " in each place where they occur there shall be substituted the words " Schedule B ".

3In section 123(1), in paragraph (a) of Case III, after the word " periods " there shall be inserted the words " but not including any payment chargeable under Case VIII of Schedule D "; and in Case VI for the words " any of the foregoing Cases " there shall be substituted the words " any other Case of Schedule D ".

4In section 153, in subsection (1), for the words " the proviso to paragraph 1 of Schedule A " there shall be substituted the words " Schedule 7 to the Finance Act 1963 ", and in subsection (5), for the words " the proviso to paragraph 1 of Schedule A " there shall be substituted the words " section 26(1) of the Finance Act 1963 ".

5(1)At the end of section 162(4) there shall be inserted the words " In the case of an asset being land, the annual value of the use of the asset shall be taken for the purposes of this subsection to be the annual value of the land determined in accordance with Schedule 5 to the Finance Act 1963 ".

(2)This paragraph shall have effect in relation to tax for the year 1963-64.

6In section 169, the following subsections shall be inserted at the end—

(4)This section shall not apply to any rents or other sums in respect of which the person entitled to them is chargeable to tax under Case VIII of Schedule D or would be so chargeable if he were not exempt from tax.

(5)Any payment made for the period ending on the 15th May in any year in respect of yearly interest secured on land in Scotland shall be treated for the purposes of this section as if it had become due at the commencement of that period.

7In section 170, the following subsection shall be inserted at the end—

(5)Except as provided by section 16 (6) of the Finance Act 1963, this section shall not apply to any rents or other sums in respect of which the person entitled to them is chargeable to tax under Case VIII of Schedule D or would be so chargeable if he were not exempt from tax.

8In subsections (1) and (2) of section 180, for the words "the proviso to paragraph 1 of Schedule A" in each place where they occur there shall be substituted the words " Schedule 7 to the Finance Act 1963 ".

9In section 262, in subsection (5), for the words " for the purposes of a claim by the company for relief under section one hundred and one of this Act" there shall be substituted the words " in computing profits or gains of the company for the purposes of Case VIII of Schedule D ", and in subsection (8), after the words " Schedule B, income ", there shall be inserted the words " (other than yearly or other interest) ", and for the words from " means lands" to " heritages" there shall be substituted the words " includes any interest in or right over land ".

10In section 270(6)(a), for the words " Schedule A " there shall be substituted the words " Case VIII of Schedule D ".

11(1)Section 313 shall be amended as provided by the following sub-paragraphs.

(2)For the words " the owner" there shall be substituted the words " in the case ".

(3)For paragraphs (a) and (b) there shall be substituted the following—

(a)the deduction of a sum in respect of payments in the year of assessment for maintenance, repairs, insurance or management of the estate, or in respect of allowances for machinery or plant provided for use or used on the estate, is provided for by section 15(3) of the Finance Act 1963 or section 72 of the Finance Act 1960 ; and

(b)owing to the insufficiency of rents and receipts to which the owner of the estate becomes entitled in the year, whether from the estate or other property, the sum cannot be deducted (other amounts deductible under Case VIII of Schedule D being treated as deductible in priority to that sum),.

(4)In paragraph (i) of the proviso, for the words " of the units of assessment included therein " there shall be substituted the words " parts thereof ".

(5)In paragraph (ii) of the proviso, for the words " where units of assessment included in the estate" there shall be substituted the words " payments or allowances in respect of parts thereof which ", and for the word " units " in the third place where it occurs there shall be substituted the word " parts ".

12In section 315, in the definitions of "agricultural income" and " forestry income " for the words " Schedule A " in each place where they occur there shall be substituted the words " Case VIII of Schedule D " ; and in the definition of " estate ", for the words from " or houses " to the end there shall be substituted the words " (including any houses or other buildings) managed as one estate ".

13In section 345(2), the following paragraph shall be inserted at the end—

(f)any payment to which the said section 170 applies by virtue of section 16(6) of the Finance Act 1963.

14In section 425(3) for the words from " as to which " to the end there shall be substituted the words " which are deductible in computing profits or gains of the company for the purposes of Case VIII of Schedule D ".

15In section 451(1), for the words from "Schedule A in " to "Schedule D" there shall be substituted the words " Schedule D in respect of any land (including an interest in or right over land) vested in them ".

16In Schedule 23, in Part I, in paragraph 1, for the words " Schedules A and B " there shall be substituted the words " Schedule B ", and in paragraph 4, in sub-paragraph (2), after the words " upon him " there shall be inserted the words " or on any question as to the annual value of land ", for the words " his appeal " there shall be substituted the words " the matter ", after the words " was made " there shall be inserted the words " or the land is situated " and for the word " appeal" where it last occurs there shall be substituted the word " determination ", and in sub-paragraph (3), for the word " appeal " there shall be substituted the word " matter " and after the word " against" there shall be inserted the words " or, as the case may be, the question of annual value ".