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Version Superseded: 06/03/1992

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SCHEDULES

SCHEDULE 1U.K.

Wine: Rates of DutyU.K.

Description of wineRates of duty per hectolitre £
£
Wine of a strength—
not exceeding 15 per cent.113·00
exceeding 15 but not exceeding 18 per cent.145·90
exceeding 18 but not exceeding 22 per cent.171·70
exceeding 22 per cent.171·70 plus
£15·19 for every 1 per cent. or part of 1 per cent. in excess of 22 per cent.;
each of the above rates of duty being in the case of sparkling wine, increased by £24·80 per hectolitre.

SCHEDULE 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

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

Section 4.

SCHEDULE 3U.K. Vehicles Excise Duty

Part IU.K. Provisions Substituted in Part II of Schedules 1 to 5 to the M1Vehicles (Excise)Act 1971 and the M2Vehicles (Excise) Act (Northern Ireland) 1972

Marginal Citations

1The following are the provisions substituted in the Act of 1971 and the Act of 1972 for Part II of Schedule 1—

Description of vehicleRate of duty
£
1. Bicycles and tricycles of which the cylinder capacity of the engine does not exceed 150 cubic centimetres8.50
2. Bicycles of which the cylinder capacity of the engine exceeds 150 cubic centimetres but does not exceed 250 cubic centimetres; tricycles (other than those in the foregoing paragraph) and vehicles (other than mowing machines) with more than three wheels, being tricycles and vehicles neither constructed nor adapted for use nor used for the carriage of a driver or passenger17.00
3. Bicycles and tricycles not in the foregoing paragraphs34.00

2The following are the provisions substituted in the Act of 1971 and the Act of 1972 for Part II of Schedule 2—

Description of vehicleRate of duty
£
Hackney carriages42.00
with an additional 85p for each person above 20 (excluding the driver) for which the vehicle has seating capacity.

3The following are the provisions substituted in the Act of 1971 for Part II of Schedule 3—

Weight unladen of vehicleRate of duty
1.2.3.4.5.
Description of vehicleExceedingNot exceedingInitialAdditional for each ton or part of a ton in excess of the weight in column 2
££
1. Agricultural machines; digging machines; mobile cranes; works trucks; mowing machines; fishermen’s tractors.14.00
2. Haulage vehicles, being showmen’s vehicles.7 1/4 tons137.00
7 1/4 tons8 tons164.00
8 tons10 tons193.00
10 tons193.0030.00
3. Haulage vehicles, not being showmen’s vehicles.2 tons163.00
2 tons4 tons293.00
4 tons6 tons424.00
6 tons7 1/4 tons553.00
7 1/4 tons8 tons676.00
8 tons10 tons676.00115.00
10 tons906.00130.00

4The following are the provisions substituted in the Act of 1972 for Part II of Schedule 3—

Weight unladen of vehicleRate of duty
1.2.3.4.5.
Description of vehicleExceedingNot exceedingInitialAdditional for each ton or part of a ton in excess of the weight in column 2
££
1. Agricultural machines; digging machines; mobile cranes; works trucks; mowing machines; fishermen’s tractors.14.00
2. Haulage vehicles, being showmen’s vehicles.7 1/4 tons137.00
7 1/4 tons8 tons164.00
8 tons10 tons193.00
10 tons193.0030.00
3. Haulage vehicles, not being showmen’s vehicles.2 tons147.00
2 tons4 tons262.00
4 tons6 tons374.00
6 tons7 1/4 tons489.00
7 1/4 tons8 tons603.00
8 tons603.00130.00

5The following are the provisions substituted in the Act of 1971 and the Act of 1972 for Part II of Schedule 4—

Table AU.K.Rates of Duty on Rigid Goods Vehicles Exceeding 12 Tonnes Plated Gross Weight
General Rates
Plated gross weight of vehicleRate of Duty
12345
ExceedingNot exceedingTwo axle vehicleThree axle vehicleFour or more axle vehicle
tonnestonnes£££
1213410320320
1314500320320
1415610320320
1516670320320
1617780320320
1718380320
1819440320
1920500320
2021580320
2122660390
2223740470
2324920560
24251,150660
2526770
2627880
27281,010
28291,140
29301,500
3030.491,990
Table A(1)U.K.Rates of Duty on Rigid Goods Vehicles Exceeding 12 Tonnes Plated Gross Weight
Rates for Farmers’ Goods Vehicles
Plated gross weight of vehicleRate of Duty
12345
ExceedingNot exceedingTwo axle vehicleThree axle vehicleFour or more axle vehicle
tonnestonnes£££
1213135120120
1314140120
120
1415145120120
1516165125120
1617180130120
1718135120
1819140120
19
20
145125
2021150130
2122155135
2223160140
2324180145
2425210150
2526160
2627180
2728200
2829215
2930275
3030.49340
Table A(2)U.K. Rates of Duty on Rigid Goods Vehicles Exceeding 12 Tonnes Plated Gross Weight
Rates for Showmen’s Goods Vehicles
Plated gross weight of vehicleRate of duty
12345
ExceedingNot exceedingTwo axle vehicleThree axle vehicleFour or more axle vehicle
tonnestonnes£££
1213135120120
1314140120120
1415145120120
1516165125120
1617180130120
1718135120
1819140125
1920150130
2021160140
2122165150
2223175160
2324210165
2425250180
2526200
2627220
2728245
2829265
2930340
3030.49430
Table BU.K.Supplementary Rates of Duty on Rigid Goods Vehicles over 12 Tonnes used for Drawing Trailers Exceeding 4 Tonnes Plated Gross Weight
General Rates
Gross weight of trailerDuty supplement
ExceedingNot exceeding
tonnestonnes£
4870
81090
1012115
1214160
14300
Table B(1)U.K. Supplementary Rates of Duty on Rigid Goods Vehicles over 12 Tonnes used for Drawing Trailers Exceeding 4 Tonnes Plated Gross Weight
Rates for Farmers’ Goods Vehicles
Gross weight of trailerDuty supplement
ExceedingNot exceeding
tonnestonnes£
4870
81090
1012115
1214160
14300
Table B(2)U.K. Supplementary Rates of Duty on Rigid Goods Vehicles over 12 Tonnes used for Drawing Trailers Exceeding 4 Tonnes Plated Gross Weight
Rates for Showmen’s Goods Vehicles
Gross weight of trailerDuty supplement
ExceedingNot exceeding
£
70
Table CU.K. Rates of Duty on Tractor Units Exceeding 12 Tonnes Plated Train Weight and Having Only 2 Axles
General Rates
Plated train weight of tractor unitRate of duty
1.2.3.4.5.
ExceedingNot exceedingFor a tractor unit to be used with semi-trailers with any number of axlesFor a tractor unit to be used only with semi-trailers with not less than two axlesFor a tractor unit to be used with semi-trailers with not less than three axles
tonnestonnes£££
1213420420420
1314470420420
1415510420420
1516560420420
1617610420420
1718660420420
1819710420420
1920770420420
2021830470420
2122890520420
2223950590420
23241,020660420
24251,090740420
25261,090830500
26271,090940590
27281,0901,040680
28291,1501,150780
29301,3901,390890
30311,6001,6001,000
31321,8201,8201,110
3232.522,2902,2901,600
32.52332,2902,2901,840
33342,2902,2902,140
34352,4502,4502,450
35362,6102,6102,610
36372,7302,7302,730
37382,9402,9402,940
Table C(1)U.K.Rates of Duty on Tractor Units Exceeding 12 Tonnes Plated Train Weight and Having Only 2 Axles
Rates for Farmers’ Goods Vehicles
Plated train weight of tractor unitRate of Duty
1.2.3.4.5.
ExceedingNot exceedingFor a tractor unit to be used with semi-trailers with any number of axlesFor a tractor unit to be used only with semi-trailers with not less than two axlesFor a tractor unit to be used only with semi-trailers with not less than three axles
tonnestonnes£££
1213135135135
1314140135135
1415145135135
1516150135135
1617155135135
1718160135135
1819160135135
1920165135135
2021170135135
2122175140135
2223180145135
2324190150135
2425200155140
2526200160145
2627200170150
2728200180165
2829200195175
2930235235195
3031265265210
3132300300230
3232.52370370305
32.5233610610610
3334710710710
3435810810810
3536860860860
3637900900900
3738970970970
Table C(2)U.K.Rates of Duty on Tractor Units Exceeding 12 Tonnes Plated Train Weight and Having Only 2 Axles
Rates for Showmen’s Goods Vehicles
Plated train weight of tractor unitRate of duty
1.2.3.4.5.
ExceedingNot exceedingFor a tractor unit to be used with semi-trailers with any number of axlesFor a tractor unit to be used only with semi-trailers with not less than two axlesFor a tractor unit to be used only with semi-trailers with not less than three axles
tonnestonnes£££
1213135135135
1314140135135
1415145135135
1516150135135
1617155135135
1718160135135
1819160135135
1920170145145
2021180150150
2122195155155
2223210160160
2324220170165
2425235180165
2526235195175
2627235215185
2728235230205
2829245245220
2930295295240
3031335335260
3132375375285
3232.52465465385
32.5233750750750
3334880880880
34351,0001,0001,000
35361,0701,0701,070
36371,1201,1201,120
37381,2001,2001,200
Table DU.K.Rates of Duty on Tractor Units Exceeding 12 Tonnes Plated Train Weight and Having 3 or More Axles
General Rates
Plated train weight of tractor unitRate of duty
1.2.3.4.5.
ExceedingNot ExceedingFor a tractor unit to be used with semi-trailers with any number of axlesFor a tractor unit to be used only with semi-trailers with not less than two axlesFor a tractor unit to be used only with semi-trailers with not less than three axles
tonnestonnes£££
1220420420420
2021470420420
2122520420420
2223590420420
2324660420420
2425740420420
2526830420420
2627940420420
27281,040420420
28291,150490420
29301,390550420
30311,600610420
31321,820680420
3232.522,290920420
32.52332,2901,080420
33342,2901,350520
34352,2901,630670
35362,2901,930790
36372,2902,240980
37382,5902,5901,180
Table D(1)U.K.Rates of Duty on Tractor Units Exceeding 12 Tonnes Plated Train Weight and Having 3 or More Axles
Rates for Farmers’ Goods Vehicles
Plated train weight of tractor unitRate of Duty
1.2.3.4.5.
ExceedingNot exceedingFor a tractor unit to be used with semi-trailers with any number of axlesFor a tractor unit to be used only with semi-trailers with not less than two axlesFor a tractor unit to be used only with semi-trailers with not less than three axles
tonnestonnes£££
1220135135135
2021135135135
2122140135135
2223145135135
2324150135135
2425155135135
2526160140135
2627170150135
2728180160145
2829195170155
2930235190165
3031265205185
3132300225205
3232.52370300220
32.5233370355220
3334445445270
3435535535350
3536635635410
3637740740510
3738855855615
Table D(2)U.K.Rates of Duty on Tractor Units Exceeding 12 Tonnes Plated Train Weight and Having 3 or More Axles
Rates for Showmen’s Goods Vehicles
Plated train weight of tractor unitRate of duty
1.2.3.4.5.
ExceedingNot exceedingFor a tractor unit to be used with semi-trailers with any number of axlesFor a tractor unit to be used only with semi-trailers with not less than two axlesFor a tractor unit to be used only with semi-trailers with not less than three axles
tonnestonnes£££
1218135135135
1819135135135
1920140140135
2021145145135
2122155150135
2223160155135
2324170160135
2425180160145
2526195170155
2627210180160
2728230200170
2829245215190
2930295235205
3031335255230
3132375280250
3232.52465375275
32.5233465440275
3334550550335
3435665665435
3536790790515
3637915915635
37381,0601,060765

6The following are the provisions substituted in the Act of 1971 for Part II of Schedule 5—

Description of vehicleRate of duty
£
1. Vehicles not exceeding seven horse-power, if registered under the Roads Act 1920 for the first time before 1st January 194760.00
2. Vehicles not included above85.00

F27U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIU.K. Amendment of Part I of Schedule 4 to The M3Vehicles (Excise) Act 1971 and The M4Vehicles (Excise) Act (Northern Ireland) 1972

Marginal Citations

Amendments made in both ActsU.K.

8(1)Part I of Schedule 4 to the Act of 1971 and the Act of 1972 (annual rates of duty on goods vehicles) shall be amended as follows.

(2)In paragraph 1(1), for “£170” there shall be substituted “£150”.

(3)In paragraph 2, for “£360” there shall be substituted “£320”.

[F3(4)In paragraph 5(3)(b), for “32 tonnes” and “32.52 tonnes” there shall be substituted, respectively, “37 tonnes” and “38 tonnes”.]

(5)In paragraph 6—

(a)in sub-paragraph (1), for “£60” there shall be substituted “£63”;

(b)in sub-paragraph . . . F4(4), for “£100” there shall, . . . F4, be substituted “£90”; . . . F5

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6in sub-paragraph (2)(b), for “£130” there shall be substituted “£115”.

(6)In paragraph 7, for “£80” there shall be substituted “£85”.

(7)After paragraph 14 there shall be inserted the following paragraphs—

Tractor units having two axles used with semi-trailers having two axles when duty paid by reference to use with semi-trailers having not less than three axles

14A(1)This paragraph applies in any case where—

(a)a vehicle licence has been taken out for a tractor unit having two axles which is to be used only with semi-trailers with not less than three axles; and

(b)the rate of duty paid on taking out the licence is equal to or exceeds the rate of duty applicable to a tractor unit having two axles—

(i)which has a plated train weight equal to the maximum laden weight at which a tractor unit having two axles may lawfully be used in Great Britain with a semi-trailer with two axles; and

(ii)which is to be used with semi-trailers with not less than two axles.

(2)If, in a case to which this paragraph applies, the tractor unit is used with a semi-trailer with two axles and, when so used, the laden weight of the tractor unit and semi-trailer taken together does not exceed the maximum laden weight mentioned in sub-paragraph (1)(b)(i) above, the tractor unit shall, when so used, be taken to be licensed in accordance with the requirements of this Act.

Tractor units having three or more axles used with semi-trailers having only one axle when duty paid by reference to use with semi-trailers having more than one axle

14B(1)This paragraph applies in any case where—

(a)a vehicle licence has been taken out for a tractor unit having three or more axles which is to be used only with semi-trailers with not less than two axles; and

(b)the rate of duty paid on taking out the licence is equal to or exceeds the rate of duty applicable to a tractor unit having three or more axles—

(i)which has a plated train weight equal to the maximum laden weight at which a tractor unit having three or more axles may lawfully be used in Great Britain with a semi-trailer with a single axle; and

(ii)which is to be used with semi-trailers with any number of axles.

(2)If, in a case to which this paragraph applies, the tractor unit is used with a semi-trailer with a single axle and, when so used, the laden weight of the tractor unit and semi-trailer taken together does not exceed the maximum laden weight mentioned in sub-paragraph (1)(b)(i) above, the tractor unit shall, when so used, be taken to be licensed in accordance with the requirements of this Act.

Textual Amendments

F3Sch. 3 para. 8(4) repealed by Finance Act 1990 (c. 29, SIF 107:2), s. 132, Sch. 19 Pt. II (in relation to licences taken out after 20.3.1990)

F4Words repealed by Finance Act 1985 (c. 54, SIF 107:2), s. 98(6), Sch. 27 Pt. II (in relation to licences taken out after 19.3.1985)

F5Word repealed by Finance Act 1985 (c. 54, SIF 107:2), s. 98(6), Sch. 27 Pt. II (in relation to licences taken out after 19.3.1985)

F6Sch. 3 para. 8(5)(c) repealed by Finance Act 1985 (c. 54, SIF 107:2), s. 98(6), Sch. 27 Pt. II (in relation to licences taken out after 19.3.1985)

Amendments made only in the Act of 1971U.K.

9In paragraph 5(1) of Part I of Schedule 4 to the Act of 1971 (special types of vehicles) for the words from “vehicle—” to “(c)” there shall be substituted vehicle (other than, in the case of a vehicle falling within paragraph (a) below, one of a prescribed class) which has an unladen weight exceeding 1,525 kilograms; and

(a)which has, for the purposes of this Schedule, a plated gross weight or plated train weight by virtue only of paragraph 9(2A)(c) below; or

(b).

10In paragraph 9 of Part I of Schedule 4 to the Act of 1971 (plated and unladen weights)—

(a)in sub-paragraph (1)(a), for the words from “plated weight” to “Act 1972” there shall be substituted the word “weight” and at the end there shall be inserted the words “as indicated on the appropriate plate”;

(b)in sub-paragraph (1)(b), for the words “a plated gross weight” there shall be substituted the words “such a plate”; and

(c)in sub-paragraph (2), for the words from “plated weight” to “Part II” there shall be substituted the word “weight” and at the end there shall be inserted the words “as indicated on the appropriate plate”.

11In the said paragraph 9 there shall be inserted, after sub-paragraph (2), the following sub-paragraph—

(2A)In this paragraph “appropriate plate”, in relation to a vehicle or trailer, means—

(a)where a Ministry plate (within the meaning of regulations made under section 40 or 45 or the Road Traffic Act 1972) has been issued, or has effect as if issued, for the vehicle or trailer following the issue or amendment of a plating certificate (within the meaning of Part II of that Act), that plate;

(b)where paragraph (a) does not apply, but such certificate is in force for the vehicle or trailer, that certificate; and

(c)where neither paragraph (a) nor paragraph (b) above applies but the vehicle or trailer has been equipped with a plate in accordance with regulations made under section 40 of the Act of 1972, that plate.

Amendments made only in the Act of 1972U.K.

F712U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES 4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

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

Section 34.

SCHEDULE 6U.K. Capital Gains: Election for Pooling

Modifications etc. (not altering text)

C1See Finance Act 1985 (c. 54), s. 68(3)(d) and Sch. 19 Part V—adaptation of parallel pooling provisions following modification of indexation allowance Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 28 para. 8(4) re disposals involving an equalisation element

InterpretationU.K.

1(1)In this Schedule—

(a)the principal Act” means the M5Capital Gains Tax Act 1979;

(b)the 1982 Act” means the M6Finance Act 1982;

(c)the qualifying period” has the meaning assigned to it by section 86(1) (b) of the 1982 Act; and

(d)relevant allowable expenditure” has the meaning assigned to it by subsections (2) (b) and (3) of section 86 of the 1982 Act.

(2)For the purposes of this Schedule, “qualifying securities” are securities, as defined in section 88(9) of the 1982 Act, which are neither—

(a)gilt-edged securities, as defined in Schedule 2 to the principal Act [F9; nor]

[F9(ab)deep discount securities (within the meaning of Schedule 4 to the Income and Corporation Taxes Act 1988); nor]

[F10(aa)qualifying corporate bonds, as defined in section 64 of the Finance Act 1984; nor]

(b)securities which on 6th April 1965 were held by the company making the election concerned and which, disregarding the effect of sections 88 and 89 of the 1982 Act, would for the time being be excluded from the effect of section 65 of the principal Act by virtue of subsection (1) (b) of that section; [F11nor]

[F11(c)securities which are, or have at any time after the expiry of the period which, in relation to a disposal of them, would be the qualifying period, been material interests in a non-qualifying offshore fund, within the meaning of Chapter [F12V of Part XVIII of the Income and Corporation Taxes Act]].

Textual Amendments

F10Sch. 6 para. 1(2)(aa) inserted by Finance Act 1984 (c. 43) s. 64(1), Sch. 13 para. 6

F11Sch. 6 para. 1(2)(c) and the word “nor” preceding it inserted by Finance Act 1984 (c. 43) s. 67(2)—deemed always to have had effect as part of Sch. 6

Modifications etc. (not altering text)

C2Two paragraphs (aa) were inserted by separate provisions of Finance Act 1984 (c. 43) as the result of a technical error. That inserted by s. 36(1) and Sch. 9 para. 11(2) of that Act was removed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 para. 32

Marginal Citations

Election for poolingU.K.

2(1)An election under this Schedule shall be made by notice in writing to the inspector not later than the expiry of two years from the end of the accounting period in which the first relevant disposal is made or such further time as the Board may allow.

(2)For the avoidance of doubt it is hereby declared—

(a)that where a company makes an election under this Schedule with respect to qualifying securities which it holds solely and beneficially, that election does not apply to qualifying securities which it holds in another capacity; and

(b)that an election under this Schedule is irrevocable [F13except in accordance with Part V of Schedule 19 to the Finance Act 1985].

(3)In this paragraph the “first relevant disposal”, in relation to an election, means the first disposal after 31st March 1982 by the company making the election of qualifying securities which are held by it solely and beneficially.

Textual Amendments

F13Words added by Finance Act 1985 (c. 54), s. 68(3)(d), Sch. 19 para. 20(2)

Effect of electionU.K.

3(1)The provisions of this paragraph have effect where an election is made under this Schedule.

(2)The election shall have effect with respect to all disposals after 31st March 1982 of qualifying securities held solely and beneficially by the company making the election.

(3)For the purposes of the principal Act, qualifying securities—

(a)which are of the same class, and

(b)which have been held by the company making the election for such a length of time that, on a disposal of them, the disposal would not be regarded as occurring within the qualifying period,

shall be regarded as indistinguishable parts of a single asset (in this paragraph referred to as a holding) diminishing or growing on the occasions on which some of the securities of the class in question are disposed of or additional securities of the class in question which have been previously acquired become held as mentioned in paragraph (b) above.

(4)Without prejudice to the generality of subparagraph (3) above, a disposal of securities in a holding, other than the disposal outright of the entire holding, is a disposal of part of an asset and the provisions of the principal Act relating to the computation of a gain accruing on a disposal of part of an asset shall apply accordingly.

(5)In accordance with the preceding provisions of this paragraph, where an election is made under this Schedule, the holding shall come (or, as the case may be, shall be treated as having come) into being—

(a)on the first anniversary of the first acquisition of qualifying securities of a particular description; or

(b)if Part II of Schedule 13 to the 1982 Act applies so that “the holding” for the purposes of this paragraph consists of or includes what is “the holding” or “the reduced holding” referred to in paragraph 8 or paragraph 9 of that Schedule, [F14immediately before 1st April 1982].

(6)In its application to a holding, subsection (1) of section 86 of the 1982 Act (conditions for the existence of the indexation allowance) shall have effect as if the condition in paragraph (b) (the qualifying period) were always fulfilled.

(7)Shares or securities of a company shall not be treated for the purposes of this Schedule as being of the same class unless they are so treated by the practice of The Stock Exchange or would be so treated if dealt with on The Stock Exchange.

Textual Amendments

F14Words substituted by Finance Act 1984 (c. 43) s. 67(3)—deemed always to have been part of Sch. 6

The 1982 identification rulesU.K.

4(1)The provisions of sections 88 and 89 of, and Part II of Schedule 13 to, the 1982 Act shall have effect for determining whether qualifying securities have been held as mentioned in paragraph (b) of subparagraph (3) of paragraph 3 above but, subject to that, those provisions shall not apply to securities forming part of the single asset referred to in that subparagraph.

(2)Any reference in subparagraph (1) above to qualifying securities includes a reference to a single asset consisting of qualifying securities which continued in existence on and after 1st April 1982 by virtue of paragraph 8 or paragraph 9(3)(a) of Schedule 13 to the 1982 Act.

The indexation allowanceU.K.

5(1)Where an election has been made under this Schedule, the following provisions of this Schedule have effect in place of the provisions of section 87 of the 1982 Act for the purpose of computing the indexation allowance on a disposal to which section 86 of that Act applies of the single asset (in the following provisions of this Schedule referred to as “the holding”) which by virtue of paragraph 3(3) above results from the election.

(2)On any disposal of the holding falling within subparagraph (1) above, other than a disposal of the whole of it,—

(a) the unindexed and indexed pools of expenditure shall each be apportioned between the part disposed of and the remainder in the same proportions as, under the principal Act, the relevant allowable expenditure is apportioned; and

(b)the indexation allowance is the amount by which the portion of the indexed pool which is attributed to the part disposed of exceeds the portion of the unindexed pool which is attributed to that part.

(3)On a disposal falling within subparagraph (1) above of the whole of the holding, the indexation allowance is the amount by which the indexed pool of expenditure at the time of the disposal exceeds the unindexed pool of expenditure at that time.

6(1)Subject to subparagraph (2) below, in relation to the holding, the unindexed pool of expenditure is at any time the amount which would be the aggregate of the relevant allowable expenditure in relation to a disposal of the whole of the holding occurring at that time.

(2)Where any item of the relevant allowable expenditure referred to in subparagraph (1) above was incurred after the time at which the securities to which it relates were acquired, it shall not be taken into account for the purpose of determining the unindexed pool of expenditure at any time before the expiry of the period of twelve months beginning on the date on which it was incurred; but at the expiry of that period the unindexed pool of expenditure shall be increased, subject to subparagraph (3) below, by the addition of a sum equal to it.

(3)If, before the expiry of the period of twelve months referred to in subparagraph (2) above, there is a disposal of any of the securities to which the item of relevant expenditure referred to in that subparagraph relates, only the portion of that expenditure which is attributable to the securities which are not so disposed of shall be added to the unindexed pool of expenditure by virtue of subparagraph (2) above.

(4)If, by virtue of any enactment, any item of the relevant allowable expenditure referred to in subparagraph (1) above falls to be reduced by reference to a relevant event, within the meaning of paragraph 4 of Schedule 13 to the 1982 Act, occurring after the time at which the securities to which it relates were acquired, that reduction shall not be taken into account for the purpose of determining the unindexed pool of expenditure until the expiry of the period of twelve months beginning on the date of the relevant event in question.

(5)If, before the expiry of the period of twelve months referred to in subparagraph (4) above, there is a disposal of any of the securities to which the item of relevant expenditure referred to in that subparagraph relates, the amount by which the unindexed pool of expenditure falls to be reduced at the expiry of that period shall itself be reduced so that only that portion of the reduction which is attributable to the securities which are not so disposed of shall then be made in the unindexed pool of expenditure.

(6)Subsection (5) of section 87 of the 1982 Act (date on which expenditure was incurred) and any provision of Schedule 13 to that Act which, in particular circumstances, displaces that subsection shall apply for the purposes of subparagraph (2) above as they apply for the purpose of computing the indexation allowance in accordance with that section.

7(1)The provisions of this paragraph have effect, subject to paragraphs 9 and 10 below, for determining, in relation to the holding, the indexed pool of expenditure at any time.

(2)The indexed pool of expenditure shall come into being at the time that the holding comes into being and shall at that time consist of the aggregate of—

(a)the unindexed pool of expenditure at that time; and

(b)any indexation allowance which, by virtue of paragraph 7(3) of Schedule 13 to the 1982 Act (options), would have applied to a disposal of the whole of the holding at that time.

(3)Any reference in the following provisions of this Schedule to an operative event is a reference to any event (whether a disposal, the expiry of a period of twelve months from an acquisition or otherwise) which has the effect of reducing or increasing the unindexed pool of expenditure attributable to the holding.

(4)Whenever an operative event occurs—

(a)there shall be added to the indexed pool of expenditure the indexed rise, as calculated under paragraph 8 below, in the value of that pool since the last operative event or, if there has been no previous operative event, since the pool came into being; and

(b)if the operative event results in an increase in the unindexed pool of expenditure then, in addition to any increase under paragraph (a) above, the same increase shall be made to the indexed pool of expenditure;

(c)if the operative event is a disposal resulting in a reduction in the unindexed pool of expenditure, then, whether or not it is a disposal to which section 86 of the 1982 Act applies, the indexed pool of expenditure shall be reduced in the same proportion as the unindexed pool is reduced; and

(b)if the operative event results in a reduction in the unindexed pool of expenditure but is not a disposal, the same reduction shall be made to the indexed pool of expenditure.

(5)Where the operative event is a disposal to which section 86 of the 1982 Act applies—

(a)any addition under paragraph (a) of subparagraph (4) above shall be made before the calculation of the indexation allowance under paragraph 5 above; and

(b)the reduction under paragraph (c) of that subparagraph shall be made after that calculation.

8(1)At the time of any operative event, the indexed rise in the indexed pool of expenditure is a sum produced by multiplying the value of that pool immediately before the event by a figure expressed as a decimal and determined, subject to subparagraphs (2) and (3) below, by the formula—

where—

  • RE is the retail prices index for the month in which the operative event occurs; and

  • RL is the retail prices index for the month in which occurred the immediately preceding operative event or, if there has been no such event, in which the indexed pool of expenditure came into being.

(2)if RE, as defined in subparagraph (1) above, is equal to or less than RL, as so defined, the indexed rise is nil.

(3)If the figure determined in accordance with the formula in subparagraph (1) above would, apart from this subparagraph, be a figure having more than three decimal places, it shall be rounded to the nearest third decimal place.

Transfers on a no gain / no loss basisU.K.

9(1)This paragraph applies in any case where—

(a)a company (in this paragraph referred to as “the first company”) disposes of securities to another company, (in this paragraph referred to as “the second company”) which has made an election under this Schedule, and

(b)the disposal is one to which section 267 or section 273 of the Taxes Act applies (transfers on a company reconstruction etc. and within a group of companies to be on a no gain/no loss basis), and

(c)the disposal by the first company takes place outside the qualifying period.

[F15(2)The disposal referred to in sub-paragraph (1) above shall be regarded for the purposes of this Schedule as an operative event.

(3)Notwithstanding anything in paragraph 2 of Schedule 13 to the 1982 Act, the amount which, on the disposal referred to in sub-paragraph (1) above, is to be regarded as the consideration given by the second company for the acquisition of the securities (and, accordingly, the amount which is to be added to that company’s unindexed pool of expenditure on the disposal) shall not include the indexation allowance on that disposal.

(4)Nothing in sub-paragraph (3) above affects the amount which, by virtue of paragraph 2(3) of Schedule 13 to the 1982 Act, is to be treated as the consideration received by the first company on the disposal referred to in sub-paragraph (1) above, and it shall be that amount (rather than the smaller amount referred to in sub-paragraph (3) above) which, on that disposal, shall be added to the second company’s indexed pool of expenditure.

(5)Paragraph 3 of Schedule 13 to the 1982 Act shall not apply on any subsequent disposal of the holding in which the securities referred to in sub-paragraph (1) above are comprised.]

Textual Amendments

F15Sch. 6 para. 9(2)–(5) substituted by Finance Act 1984 (c. 43) s. 67(4)—deemed always to have been part of Sch. 6

Consideration for optionsU.K.

10(1)If, in a case where subparagraph (4)(b) of paragraph 7 above applies, the increase in the unindexed pool of expenditure is, in whole or in part, attributable to the cost of acquiring an option binding the grantor to sell (in this paragraph referred to as “the option consideration”), then, in addition to any increase under paragraph (a) or paragraph (b) of subparagraph (4) of paragraph 7 above, the indexed pool of expenditure shall be increased by an amount equal to the indexed rise in the option consideration, as determined under subparagraph (2) below.

(2)The indexed rise in the option consideration is a sum produced by multiplying the consideration by a figure expressed as a decimal and determined, subject to subparagraphs (3) and (4) below, by the formula—

where—

  • RO is the retail prices index for the month in which falls the first anniversary of the date on which the option is exercised; and

  • RA is the retail prices index for the month in which falls the first anniversary of the date on which the option was acquired or, if it is later, March 1982.

(3)If RO, as defined in subparagraph (2) above, is equal to or less than RA, as so defined, the indexed rise is nil.

(4)If the figure determined in accordance with the formula in subparagraph (2) above would, apart from this subparagraph, be a figure having more than three decimal places, it shall be rounded to the nearest third decimal place.

SupplementaryU.K.

11All such adjustments shall be made, whether by way of discharge or repayment of tax, or the making of assessments or otherwise, as are required to give effect to an election under this Schedule.

Section 35.

SCHEDULE 7U.K. APRT: M7Modifications of Finance Act, 1982, Schedule 19

Marginal Citations

1U.K.In paragraph 1(3) (returns for periods after liability for APRT has ceased) the word “nine” shall be omitted.

2U.K.In paragraph 2(2) (instalment payments where liability for APRT expires) for the words from “the chargeable period” to “for that field” there shall be substituted the words “ any chargeable period ending on or after 31st December 1984. ”

3(1)In paragraph 14 (repayment of APRT) in sub-paragraph (1) for the words from “for the last” to “section 139(1)(b)” there shall be substituted the words “ for the ninth chargeable period following the first chargeable period referred to in section 139(1)(a) ”.U.K.

(2)In sub-paragraph (2) of that paragraph for the words from “the last” to “this Act” there shall be substituted the words “ the ninth chargeable period referred to in sub-paragraph (1) above ” and for the words “subsection (4) of that section” there shall be substituted the words “ section 139(4) of this Act ”.

(3)In sub-paragraph (3) of that paragraph for the words “the last chargeable period” and in sub-paragraph (4)(a) of that paragraph for the words “the chargeable period” there shall be substituted the words “ the ninth chargeable period ”.

4U.K.In paragraph 17 (abandoned fields) in sub-paragraph (1)(c) for the words from “last” to “section 139(1)(b)” there shall be substituted the words “ ninth chargeable period following the first chargeable period referred to in section 139(1)(a) ”.

Section 37.

SCHEDULE 8U.K. Reliefs for Exploration and Appraisal Expenditure etc

Part IU.K. Section to be Inserted after Section 5 of the Principal Act

Modifications etc. (not altering text)

C3The text of Sch. 8 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

5A Allowance of exploration and appraisal expenditure.

(1)The exploration and appraisal expenditure which, subject to the provisions of this section and Schedule 7 to this Act, is allowable in the case of a person who is a participator in an oil field is any expenditure (whether or not of a capital nature) which—

(a)is incurred after 15th March 1983 by that person or, if that person is a company, by that company or a company associated with it in respect of the expenditure; and

(b)is so incurred wholly and exclusively for one or more of the purposes specified in subsection (2) below; and

(c)at the time it is so incurred, does not relate to a field for which a development decision has previously been made.

(2)The purposes referred to in subsection (1) above are—

(a)the purpose of searching for oil in the United Kingdom, the territorial sea thereof or a designated area;

(b)the purpose of ascertaining the extent or characteristics of any oil-bearing area in the United Kingdom, the territorial sea thereof or a designated area;

(c)the purpose of ascertaining what are the reserves of oil of any such oil-bearing area; and

(d)subject to subsection (3) below, the purpose of making to the Secretary of State any payment under or for the purpose of obtaining a licence (not being a payment by way of royalty or other periodic payment).

(3)Expenditure incurred for the purpose mentioned in subsection (2)(d) above is not allowable under this section unless, at the time the allowance is claimed,—

(a)the licence to which the expenditure related has expired or has been determined or revoked; or

(b)part of the licensed area has been surrendered;

and where paragraph (b) above applies only that proportion of the expenditure which corresponds to the proportion of the licensed area which has been surrendered is expenditure falling within subsection (1) above.

(4)Subject to subsection (5) below, subsections (2) and (4) to (8) of section 5 of this Act apply for the purposes of this section as they apply for the purposes of that section.

(5)In the application for the purposes of this section of the provisions of section 5 of this Act referred to in subsection (4) above,—

(a)any reference in subsection (2) of section 5 to the purpose mentioned in subsection (1)(b) of that section shall be construed as a reference to any of the purposes specified in subsection (2) of this section;

(b)the reference in subsection (2)(a) of section 5 to subsection (1) of that section shall be construed as a reference to subsection (1) of this section; and

(c)the reference in subsection (6) of section 5 to a sum received does not include a reference—

(i)to a sum received from the disposal of oil won in the course of operations carried out for any of the purposes in paragraphs (a) to (c) of subsection (2) of this section; or

(ii)to a sum received for the assignment of any of the rights conferred by a licence or of any interest in a licensed area.

(6)Expenditure is not allowable under this section in connection with an oil field if, or to the extent that, it has been allowed under Schedule 5, Schedule 6 or Schedule 7 to this Act in connection with any oil field.

(7)For the purposes of subsection (1)(c) above, a development decision is made when—

(a)consent for development is granted to a licensee by the Secretary of State in respect of the whole or part of an oil field; or

(b)a programme of development is served on a licensee or approved by the Secretary of State for the whole or part of an oil field;

and subsections (4) and (5) of section 36 of the Finance Act 1983 (meaning of development etc.) apply in relation to this subsection as they apply in relation to subsections (2) and (3) of that section.

(8)If, at the time when it is incurred, expenditure relates to an area—

(a)which is not then an oil field, but

(b)in respect of which notice of a proposed determination has previously been given under paragraph 2(a) of Schedule 1 to this Act,

that area shall be treated for the purposes of this section as having become an oil field at the time the notice was given unless, when the actual determination is made, the area is not included in an oil field.

Part IIU.K. Amendments Relating to the New Allowance

The principal ActU.K.

1U.K.In section 2(9) of the principal Act (amounts to be taken into account in respect of expenditure) at the end of paragraph (e) there shall be added and

(f)any exploration and appraisal expenditure allowable in the case of the participator under section 5A of this Act which, on a claim made by him under Schedule 7 to this Act, has been allowed under that Schedule before the Board have made an assessment to tax or a determination on or in relation to him for the period in respect of the field, so far as that expenditure has not been taken into account in any previous assessment to tax or determination.

Modifications etc. (not altering text)

C4Part of the text of Sch. 8 Pt. II paras. 1, 2, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

2U.K.At the end of subsection (3) of section 3 of the principal Act (expenditure not allowable under that section if already allowed under other provisions) there shall be added the words “ but where expenditure allowable under section 5A of this Act has been allowed on a claim under Schedule 7 to this Act, nothing in this subsection shall prevent a claim being made for an allowance under this section in respect of the same expenditure unless the person making the claim is the participator who made the claim under that Schedule ”.

Modifications etc. (not altering text)

C5Part of the text of Sch. 8 Pt. II paras. 1, 2, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

3U.K.In section 5 of the principal Act (allowance of abortive exploration expenditure) in subsection (1) after the words “1st January 1960” there shall be inserted the words “ and before 16th March 1983 ”.

4U.K.In section 9 of the principal Act (limit on amount of tax payable) in subsection (2)(a)(ii) for the words “and (e)” there shall be substituted the words “ (e) and (f) ”.

5U.K.In paragraph 2 of Schedule 2 to the principal Act (returns by participators) at the end of sub-paragraph (2) there shall be inserted the following sub-paragraph:—

(2A)Every participator in an oil field shall, in the first return under this paragraph which he makes for that field, state whether any and, if any, how much exploration and appraisal expenditure to which section 5A of this Act applies and which relates to, or to a licence for, any part of the field has been claimed under Schedule 7 to this Act—

(a)by him, or

(b)by a company associated with him in respect of that expenditure, or

(c)if he or such a company is the new participator, within the meaning of Schedule 17 to the Finance Act 1980, by the old participator, within the meaning of that Schedule, or by a company associated with him in respect of that expenditure,

and subsection (7) of section 5 of this Act applies for the purposes of this sub-paragraph as it applies for the purposes of that section.

Modifications etc. (not altering text)

C6Part of the text of Sch. 8 Pt. II paras. 1, 2, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

6(1)In Schedule 7 to the principal Act (claims for allowance of abortive exploration expenditure) in paragraph 1(1), for the words from “of any” to “of this Act” there shall be substituted:—U.K.

(a)of any abortive exploration expenditure allowable under section 5 of this Act, or

(b)of any exploration and appraisal expenditure allowable under section 5A of this Act.

(2)In paragraph 1(3) of that Schedule, after the words “section 5” there shall be added the words “ or, as the case may be, section 5A. ”

Modifications etc. (not altering text)

C7Part of the text of Sch. 8 Pt. II paras. 1, 2, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

The Petroleum Revenue Tax Act 1980U.K.

7U.K.In the Schedule to the M8Petroleum Revenue Tax Act 1980 (computation of payment on account) in paragraph 2(4) for the words “or (d)” there shall be substituted the words “ (d) or (f) ”.

Marginal Citations

The Finance Act 1980U.K.

8U.K.In Schedule 17 to the Finance Act 1980 (transfers of interests in oil fields) after paragraph 16 (abortive exploration expenditure) there shall be inserted—

Exploration and appraisal expenditureU.K.

16AIn relation to exploration and appraisal expenditure to which section 5A applies, paragraph 16 above has effect as if any reference therein to section 5 were a reference to section 5A.

Modifications etc. (not altering text)

C8Part of the text of Sch. 8 Pt. II paras. 1, 2, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Part IIIU.K. Receipts to be Set Against Allowable Expenditure

10U.K.In this Part of this Schedule—

  • allowable expenditure” means expenditure which, in accordance with section 5 or section 5A of the principal Act, is allowable on a claim made by a participator under Schedule 7 to that Act; and

  • qualifying receipt” means a sum the amount of which falls, by virtue of subsection (6) of section 5 of the principal Act, to be applied by way of reduction in the amount of expenditure which would otherwise be allowable expenditure.

11(1)A return made by a participator for a chargeable period under paragraph 2 of Schedule 2 to the principal Act shall give details of any qualifying receipt (whether received by him or by a person connected with him) of which details have not been given in a return made by him for an earlier chargeable period.U.K.

(2)Section [F17839 of the Income and Corporation Taxes Act 1988] (connected persons) applies for the purposes of this paragraph.

12(1)This paragraph applies where—U.K.

(a)a claim for allowable expenditure has been made by a participator under Schedule 7 to the principal Act; and

(b)as a result of the receipt (whether before or after the making of the claim) of a qualifying receipt, the amount allowed by way of allowable expenditure on the claim exceeds what it should have been.

(2)In determining, in a case where this paragraph applies, the assessable profit or allowable loss accruing to the participator in the chargeable period in which the qualifying receipt is received, the amount of the excess referred to in sub-paragraph (1)(b) above shall be taken into account under section 2 of the principal Act as an amount which is to be included among the positive amounts referred to in subsection (3)(a) of that section.

(3)In the application of section 9 of the principal Act (limit on amount of tax payable) to a chargeable period in respect of which sub-paragraph (2) above applies, the amount of the excess referred to in sub-paragraph (1)(b) above shall be deducted from the amount which would otherwise be the total ascertained under subsection (2)(a)(ii) of that section and, if the amount of that excess is greater than the amount which would otherwise be that total, that total shall be a negative amount equal to the difference.

SCHEDULE 9U.K.

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F18Sch. 9 para. 1 repealed by Car Tax Act 1983 (c. 53), s. 10(4), Sch. 3 so far as relating to car tax and by Value Added Tax Act 1983 (c. 55), s. 50(2), Sch. 11 so far as relating to value added tax

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

3–7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Section 48.

SCHEDULE 10U.K. Repeals

Part IU.K. Miscellaneous Customs and Excise

ChapterShort titleExtent of repeal
1964 c. 26.The Licensing Act 1964.Section 30(5).
1967 c. 54.The Finance Act 1967.In Schedule 7, paragraph 4.
1969 c. 32.The Finance Act 1969.Section 1(5).
Schedule 7.
1976 c. 66.The Licensing (Scotland) Act 1976.Section 22.
1977 c. 45.The Criminal Law Act 1977.In Schedule 12, in the entry relating to the Licensing Act 1964, paragraph 1.
1979 c. 2.The Customs and Excise Management Act 1979.In section 51(1), the words “within the prescribed area”.
1979 c. 4.The Alcoholic Liquor Duties Act 1979.Section 92(7).
1980 c. 48.The Finance Act 1980.Section 9.
1982 c. 39.The Finance Act 1982.In Schedule 5, in part B, paragraph 16(3).

The repeals in the Finance Act 1969, the Alcoholic Liquor Duties Act 1979 and the Finance Act 1980 have effect on the appointed day within the meaning of section 9(2) of this Act.

Part IIU.K. Income Tax, Corporation Tax and Capital Gains Tax

Modifications etc. (not altering text)

C9The text of Sch. 10 Pt. II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

ChapterShort titleExtent of repeal
1970 c. 10.The Income and Corporation Taxes Act 1970.In section 226(3)(c) the words “(but not before he attains the age of fifty)”.
1980 c. 48.The Finance Act 1980.In Schedule 12, paragraph 7(2)(aa).
1981 c. 35.The Finance Act 1981.Section 53(7).
In section 59, in subsection (4) the words “and (7)” and in subsection (6), paragraph (b).
In section 62(6)(a) the words “53(7),”.
In section 63(2) the words “53(7),”.
1982 c. 39.The Finance Act 1982.In section 77, in subsection (2), the words from “and at the end” onwards.

1U.K.The repeal in section 226(3)(c) of the Income and Corporation Taxes Act 1970 shall be deemed to have come into force on 6th April 1983.

2U.K.The repeals in sections 53, 59, 62 and 63 of the Finance Act 1981 have effect in relation to events occurring on or after 6th April 1983.

Part IIIU.K. Oil Taxation

ChapterShort titleExtent of repeal
1975 c. 22.The Oil Taxation Act 1975.In Schedule 7, in paragraph 1, in sub-paragraph (1) the words from “but may not” to the end, and, in sub-paragraph (2) the words “within the time allowed for making the original claim”.
1982 c. 39.The Finance Act 1982.In Schedule 19, in paragraph 1(3) the word “nine”.

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