Finance Act 2002 (c. 23)

SCHEDULES

SCHEDULE 33 U.K. Venture capital trusts

Part 4 U.K. Supplementary

Extension of existing powers to give effect to VCT reliefs U.K.

14 (1) Section 73 of the Finance Act 1995 (c. 4) (power to make regulations giving effect to VCT reliefs) shall have effect as if the reliefs mentioned in subsection (1) of that section included any relief arising by reason of regulations under Part 1 or 2 of this Schedule.

(2) The powers conferred by those Parts of this Schedule are additional to those that (whether or not by reason of sub-paragraph (1)) are conferred by that section.

Penalties for non-compliance with regulations under this Schedule U.K.

15 In each column of the Table in section 98 of the Taxes Management Act 1970 (c. 9) (penalties for failure to furnish information etc), after the final entry insert “Regulations under Schedule 33 to the Finance Act 2002.".

Regulations under this Schedule: inclusion of supplementary etc provisions U.K.

16 (1) Regulations under this Schedule may—

(a) contain such administrative provisions (including provision for advance clearances and provision for the withdrawal of clearances) as appear to the Treasury to be necessary or expedient;

(b) authorise the Board to give notice to any person requiring him to provide such information, specified in the notice, as they may reasonably require in order to determine whether any conditions imposed by regulations under this Schedule are met;

(c) make different provision for different cases;

(d) include such supplementary, incidental and transitional provisions as appear to the Treasury to be appropriate;

(e) include provision having retrospective effect.

(2) Without prejudice to any specific provisions in this Schedule, a power conferred by any provision of this Schedule to make regulations includes power to provide for the Board, or an officer of the Board, to exercise a discretion in dealing with any matter.

Interpretation of Schedule U.K.

17 In this Schedule—

• “company” includes any body corporate or unincorporated association but does not include a partnership, and shall be construed in accordance with section 99 of the Taxation of Chargeable Gains Act 1992 (c. 12) (application of Act to unit trust schemes);

• “regulations” means regulations made by the Treasury;

• “shares” includes stock;

  (a)

  the Tax Acts,

  (b)

  the Taxation of Chargeable Gains Act 1992 or any other enactment relating to capital gains tax, or

  (c)

  the Taxes Management Act 1970 (c. 9);

• “venture capital trust” has the meaning given by section 842AA of the Taxes Act 1988.