(1)Schedule 28 to this Act (which makes amendments relating to Chapter 2 of Part 13 of the Taxes Act 1988) has effect.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The amendments made by Part 2 of that Schedule (which relate to the provision by insurers etc of information relating to chargeable events happening in connection with a policy or contract) have effect in relation to chargeable events happening on or after 6th April 2002.
Textual Amendments
F1S. 83(2) omitted (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(j)
(1)Section 736B of the Taxes Act 1988 (deemed manufactured payments in case of stock lending arrangements) is amended as follows.
(2)In subsection (2) (application of provisions to deemed manufactured payments) after “shall apply” insert “ , subject to subsection (2A) below, ”.
(3)After that subsection insert—
“(2A)The borrower is not entitled, by virtue of anything in Schedule 23A or any provision of regulations under that Schedule, or otherwise—
(a)to any deduction in computing profits or gains for the purposes of income tax or corporation tax, or
(b)to any deduction against total income or, as the case may be, total profits,
in respect of any such deemed requirement or payment as is provided for by subsection (2) above.
Where the borrower is a company, an amount may not be surrendered by way of group relief if a deduction in respect of it is prohibited by this subsection.”
(4)This section applies to payments treated under section 736B as made on or after 3rd October 2000.
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 98 of the Taxes Management Act 1970 (c. 9) (penalties for failing to make, or making incorrectly, certain returns etc.), after subsection (4) insert—
“(4A)If—
(a)a failure to comply with section 350(1) of, or Schedule 16 to, the principal Act arises from a person’s failure to deliver an account, or show the amount, of a payment, and
(b)the payment is within subsection (4B) below,
subsection (1) above shall have effect as if for “£300” there were substituted “£3,000” and as if for “£60” there were substituted “£600”.
(4B)A payment is within this subsection if—
(a)the payment is made by a company without an amount representing the income tax on the payment being deducted from the payment,
(b)at the time the payment is made, the company—
(i)does not believe that either of the conditions specified in section 349B of the principal Act is satisfied, or
(ii)where it believes that either of those conditions is satisfied, could not reasonably so believe,
(c)the payment is one from which tax is deductible under section 349 of the principal Act unless the company reasonably believes that one of those conditions is satisfied, and
(d)neither of those conditions is satisfied at the time the payment is made.
(4C)In subsection (4B) above “company” includes a partnership of which any member is a company.”.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subsections (1) to (3) apply to payments made on or after 1st April 2001.
(5)Sections 247 and 248 of the Taxes Act 1988 (companies within a group may elect for section 349 not to apply to payments between them) shall cease to have effect.
(6)Subsection (5) applies in relation to payments made after the day on which this Act is passed.
Textual Amendments
F2S. 85(1) repealed (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
F3S. 85(3) repealed (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 3 Pt. 1 (with Sch. 2)
(1)Section 13 of the Taxes Act 1988 (small companies’ relief) is amended in accordance with subsections (2) to (4).
(2)In subsection (7) (profits of company for accounting period)—
(a)in paragraph (a), omit “resident in the United Kingdom”, and
(b)in paragraph (b), for “section 247(1A)” substitute “ subsection (7A) below ”.
(3)After subsection (7) insert—
“(7A)A company falls within this subsection if—
(a)it is a 75 per cent subsidiary of any other company, or
(b)arrangements of any kind (whether in writing or not) are in existence by virtue of which it could become such a subsidiary.”.
(4)For subsection (8AA) (interpretation of subsection (7)) substitute—
“(8AA)Section 13ZA applies for the interpretation of subsection (7) above.”.
(5)After section 13 of the Taxes Act 1988 insert—
(1)In determining for the purposes of section 13(7) whether one body corporate is a 51 per cent subsidiary of another, that other shall be treated as not being the owner of any share capital—
(a)which it owns indirectly, and
(b)which is owned directly by a body corporate for which a profit on the sale of the shares would be a trading receipt.
(2)Notwithstanding that at any time a company (“the subsidiary company”) is a 51 per cent subsidiary of another company (“the parent company”) it shall not be treated at that time as such a subsidiary for the purposes of section 13(7) unless, additionally, at that time—
(a)the parent company would be beneficially entitled to more than 50 per cent of any profits available for distribution to equity holders of the subsidiary company, and
(b)the parent company would be beneficially entitled to more than 50 per cent of any assets of the subsidiary company available for distribution to its equity holders on a winding-up.
(3)For the purposes of section 13(7) and this section—
(a)“trading or holding company” means a trading company or a company the business of which consists wholly or mainly in the holding of shares or securities of trading companies that are its 90 per cent subsidiaries;
(b)“trading company” means a company whose business consists wholly or mainly of the carrying on of a trade or trades;
(c)a company is owned by a consortium if 75 per cent or more of the ordinary share capital of the company is beneficially owned between them by companies of which none—
(i)beneficially owns less than 5 per cent of that capital,
(ii)would be beneficially entitled to less than 5 per cent of any profits available for distribution to equity holders of the company, or
(iii)would be beneficially entitled to less than 5 per cent of any assets of the company available for distribution to its equity holders on a winding up,
and those companies are called the members of the consortium.
(4)Schedule 18 (equity holders and assets etc. available for distribution) applies for the purposes of subsections (2) and (3)(c) above as it applies for the purposes of section 413(7).”
(6)The amendments made by this section apply for the purposes of accounting periods ending on or after 1st April 2001.
(1)The provisions of section 438A of, and Schedule 19AB to, the Taxes Act 1988 (provisional repayments in respect of tax borne by deduction and tax credits) shall cease to have effect as follows.
(2)Those provisions shall not apply in relation to income tax borne by deduction from payments received after 30th September 2001.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The provisions of section 438A of, and Schedule 19AB to, the Taxes Act 1988 shall not apply in relation to tax credits in respect of distributions made on or after 6th April 2004.
Textual Amendments
F4S. 87(3)(4) repealed (19.7.2007) by Finance Act 2007 (c. 11), Sch. 10 para. 16(9), Sch. 27 Pt. 2(10)