Finance Act 2006

1. Introductory Text

2. Part 1 Excise duties

   1. Tobacco products duty

      1. 1. Rates of tobacco products duty

      2. 2. Tobacco products duty: evasion

   2. Alcoholic liquor duties

      1. 3. Rate of duty on beer

      2. 4. Rates of duty on wine and made-wine

      3. 5. Repeal of provisions of ALDA 1979 of no practical utility etc

   3. Hydrocarbon oil duties

      1. 6. Rates until 1st September 2006

      2. 7. Rates from 1st September 2006

      3. 8. Road vehicles

   4. Betting and gaming duties

      1. 9. General betting duty: gaming machines

      2. 10. Rates of gaming duty

   5. Amusement machine licence duty

      1. 11. Definition of “gaming machine”

      2. 12. Classes of machine and rates of duty

   6. Vehicle excise duty

      1. 13. Rates

      2. 14. Reduced pollution certificates

      3. 15. Late renewal supplement

3. Part 2 Value added tax

   1. Gaming machines

      1. 16. Gaming machines

   2. Land

      1. 17. Buildings and land

   3. Imported works of art etc

      1. 18. Value of imported works of art etc: auctioneer's commission

   4. Avoidance and fraud

      1. 19. Missing trader intra-community fraud

      2. 20. Power to inspect goods

      3. 21. Directions to keep records where belief VAT might not be paid

      4. 22. Treatment of credit vouchers

4. Part 3 Income tax, corporation tax and capital gains tax

   1. Chapter 1 Income tax and corporation tax: charge and rate bands

      1. Income tax

         1. 23. Charge and rates for 2006-07

      2. Corporation tax

         1. 24. Charge and main rate for financial year 2007

         2. 25. Small companies' rate and fraction for financial year 2006

         3. 26. Abolition of corporation tax starting rate and non-corporate distribution rate

   2. Chapter 2 Reliefs for business

      1. Group relief

         1. 27. Group relief where surrendering company not resident in UK

      2. Research and development

         1. 28. Relief for research and development: subjects of clinical trials

         2. 29. Claims for relief for research and development

      3. Capital allowances

         1. 30. Temporary increase in amount of first-year allowances for small enterprises

   3. Chapter 3 Films and sound recordings

      1. Introductory

         1. 31. Meaning of “film” and related expressions

         2. 32. Meaning of “film production company”

         3. 33. Meaning of “film-making activities” etc

         4. 34. Meaning of “production expenditure” and related expressions

         5. 35. Meaning of “UK expenditure”

         6. 36. Meaning of “qualifying co-production” and “co-producer”

      2. Taxation of activities of film production company

         1. 37. Taxation of activities of film production company

      3. Film tax relief

         1. 38. Films qualifying for film tax relief

         2. 39. Conditions of relief: intended theatrical release

         3. 40. Conditions of relief: British film

         4. 41. Conditions of relief: UK expenditure

         5. 42. Film tax relief: further provisions

      4. Film losses

         1. 43. Films: restriction on use of losses while film in production

         2. 44. Films: use of losses in later periods

         3. 45. Films: terminal losses

      5. Films: withdrawal of existing reliefs

         1. 46. Films: withdrawal of existing reliefs (corporation tax)

         2. 47. Films: withdrawal of existing reliefs (income tax)

      6. Corporation tax treatment of sound recordings

         1. 48. Sound recordings: revenue nature of expenditure

         2. 49. Sound recordings: allocation of expenditure

         3. 50. Sound recordings: interpretation

      7. Supplementary provisions

         1. 51. Corporation tax: films and sound recordings as intangible fixed assets

         2. 52. Films: application of provisions to certain films already in production

         3. 53. Films and sound recordings: commencement and power to alter dates

   4. Chapter 4 Charities

      1. 54. Transactions with substantial donors

      2. 55. Non-charitable expenditure

      3. 56. Trade profits

      4. 57. Gift aid relief for companies wholly owned by one or more charities

      5. 58. Extension of restrictions on gift aid payments by close companies

   5. Chapter 5 Personal taxation

      1. Cars

         1. 59. Cars with a CO₂ emissions figure

      2. Mobile telephones and computers

         1. 60. Mobile telephones

         2. 61. Computer equipment

      3. Eye care

         1. 62. Exemption for employees' eye tests and special glasses

      4. Vouchers and tokens

         1. 63. Power to exempt use of vouchers or tokens to obtain exempt benefits

      5. Holocaust victims

         1. 64. Payments to or in respect of victims of National-Socialist persecution

   6. Chapter 6 The London Olympic Games and Paralympic Games

      1. 65. London Organising Committee

      2. 66. Section 65: supplementary

      3. 67. International Olympic Committee

      4. 68. Competitors and staff

   7. Chapter 7 Chargeable gains

      1. Capital losses

         1. 69. Restriction on a company's allowable losses

         2. 70. Restrictions on companies buying losses or gains

         3. 71. Other avoidance involving losses accruing to companies

         4. 72. Repeal of s.106 of TCGA 1992

      2. Insurance policies and annuities

         1. 73. Policies of insurance and non-deferred annuities

      3. Capital gains tax

         1. 74. Exception to “bed and breakfasting” rules etc

   8. Chapter 8 Avoidance: miscellaneous

      1. Film partnerships

         1. 75. Interest relief: film partnership

      2. Financial instruments

         1. 76. Avoidance involving financial arrangements

      3. Intangible fixed assets

         1. 77. Treating assets as “existing assets” etc

      4. International matters

         1. 78. Controlled foreign companies and treaty non-resident companies

         2. 79. Transfer of assets abroad

      5. Pre-owned assets

         1. 80. Restriction of exemption from charge to income tax

   9. Chapter 9 Miscellaneous provisions

      1. Leasing of plant or machinery

         1. 81. Leases of plant or machinery

      2. Sale of lessors

         1. 82. Sale etc of lessor companies etc

         2. 83. Restrictions on use of losses etc: leasing partnerships

         3. 84. Disposal of plant or machinery subject to lease where income retained

         4. 85. Restrictions on effect of elections under section 266 of CAA 2001

      3. Insurance companies and policyholders

         1. 86. Insurance companies

         2. 87. Qualifying policies: altering method for calculating benefits

      4. Settlements

         1. 88. Settlements, etc: chargeable gains

         2. 89. Settlements, etc: income

         3. 90. Special trusts tax rates not to apply to social landlords' service charge income

      5. Investment reliefs

         1. 91. Venture capital schemes

      6. Employment-related securities

         1. 92. Avoidance using options etc

         2. 93. Corporation tax relief for shares acquired under EMI option

      7. PAYE

         1. 94. PAYE: retrospective notional payments

      8. Alternative finance arrangements

         1. 95. Profit share agency

         2. 96. Diminishing shared ownership

         3. 97. Beneficial loans to employees

         4. 98. Orders amending Chapter 5 of Part 2 of FA 2005

      9. Nuclear decommissioning

         1. 99. Amendment of section 29 of the Energy Act 2004

         2. 100. Amendment of section 30 of the Energy Act 2004

      10. Accounting practice

          1. 101. Securitisation companies

          2. 102. Accountancy change: spreading of adjustment

5. Part 4 Real Estate Investment Trusts

   1. Introduction

      1. 103. Real Estate Investment Trusts

      2. 104. Property rental business

      3. 105. Other key concepts

      4. 106. Conditions for company

      5. 107. Conditions for tax-exempt business

      6. 108. Conditions for balance of business

   2. Entering Real Estate Investment Trust Regime

      1. 109. Notice

      2. 110. Duration

      3. 111. Effects of entry

      4. 112. Entry charge

   3. Assets etc

      1. 113. Ring-fencing of tax-exempt business

      2. 114. Maximum shareholding

      3. 115. Profit: financing-cost ratio

      4. 116. Minor or inadvertent breach

      5. 117. Cancellation of tax advantage

      6. 118. Funds awaiting re-investment

   4. Profits

      1. 119. Corporation tax

      2. 120. Calculation of profits

      3. 121. Distributions: liability to tax

      4. 122. Distributions: deduction of tax

      5. 123. Attribution of distributions

   5. Capital gains

      1. 124. Corporation tax

      2. 125. Movement of assets out of ring-fence

      3. 126. Movement of assets into ring-fence

      4. 126A. Demergers

      5. 127. Interpretation

   6. Leaving Real Estate Investment Trust Regime

      1. 128. Termination by notice: company

      2. 129. Termination by notice: Commissioners

      3. 130. Automatic termination for breach of requirement

      4. 131. Effects of cessation

      5. 132. Early exit by notice

      6. 133. Early exit

   7. Groups

      1. 134. Group Real Estate Investment Trusts

      2. 135. Transfer within group

      3. 136. Availability of group reliefs

   8. Miscellaneous

      1. 136A. Connected persons

      2. 137. Insurance companies

      3. 138. Joint ventures

      4. 139. Manufactured dividends

      5. 140. Penalties for failure to give notice, etc

      6. 141. Effect of deemed disposal and re-acquisition

      7. 142. Interpretation

      8. 143. Housing investment trusts: repeal

   9. General

      1. 144. Regulations

      2. 145. Commencement

6. Part 5 Oil

   1. New basis for determining market value

      1. 146. New basis for determining the market value of oil

      2. 147. Section 146: commencement and transitional provisions

   2. Attribution of blended crude oil

      1. 148. Crude oil: power to make regulations

   3. Nomination scheme

      1. 149. Nomination scheme

      2. 150. Amendment of Schedule 10 to FA 1987

      3. 151. Nomination excesses and corporation tax

   4. Ring fence trades

      1. 152. Increase in rate of supplementary charge

      2. 153. Election to defer capital allowances

      3. 154. Ring fence expenditure supplement

7. Part 6 Inheritance tax

   1. Future rates and bands

      1. 155. Rates and rate bands for 2008-09 and 2009-10

   2. Trusts

      1. 156. Rules for trusts etc

      2. 157. Purchase of interests in foreign trusts

8. Part 7 Pensions

   1. 158. Taxable property held by investment-regulated pension schemes

   2. 159. Recycling of lump sums

   3. 160. Inheritance tax

   4. 161. Miscellaneous

9. Part 8 Stamp taxes

   1. Stamp duty and stamp duty land tax: thresholds

      1. 162. Raising of thresholds

   2. Stamp duty land tax

      1. 163. Partnerships

      2. 164. Leases

      3. 165. Reallocation of trust property as between beneficiaries

      4. 166. Unit trust schemes

      5. 167. Demutualisation of insurance companies

      6. 168. Alternative finance

   3. Stamp duty

      1. 169. Reliefs for certain company acquisitions

10. Part 9 Miscellaneous provisions

    1. Landfill tax

       1. 170. Rate of landfill tax

    2. Climate change levy

       1. 171. Climate change levy: rates

       2. 172. Abolition of half-rate supplies etc

    3. International tax arrangements

       1. 173. International tax enforcement arrangements

       2. 174. Arrangements under section 173: information powers

       3. 175. Arrangements under section 173: recovery of debts

       4. 176. Double taxation agreements: procedure

    4. Disclosure of information

       1. 177. Disclosure of information

11. Part 10 Supplementary provisions

    1. 178. Repeals

    2. 179. Interpretation

    3. 180. Short title

12. SCHEDULES

    1. SCHEDULE 1

       Group relief where surrendering company not resident in UK

       1. Part 1 Amendments of Chapter 4 of Part 10 of ICTA

          1. Availability of relief

             1. 1. Amendments of Chapter 4 of Part 10 of

          2. Limits on group relief

             1. 2. Amendments of Chapter 4 of Part 10 of

          3. Relief for or in respect of non-resident companies within the charge to corporation tax

             1. 3. Amendments of Chapter 4 of Part 10 of

          4. Relief in respect of overseas losses of non-resident companies

             1. 4. Amendments of Chapter 4 of Part 10 of

          5. Interpretation of Chapter 4 of Part 10 of ICTA

             1. 5. Amendments of Chapter 4 of Part 10 of

          6. Group relief: equity holders and profits or assets available for distribution

             1. 6. Amendments of Chapter 4 of Part 10 of

          7. Meaning of conditions in section 403F etc

             1. 7. Amendments of Chapter 4 of Part 10 of

       2. Part 2 Amendments of other enactments

          1. Claims for group relief

             1. 8. After paragraph 77 of Schedule 18 to FA 1998 (joint...

       3. Part 3 Commencement

          1. Commencement

             1. 9. (1) The amendments made by this Schedule, other than those...

    2. SCHEDULE 2

       Relief for research and development: subjects of clinical trials

       1. Amendments to Schedule 20 to FA 2000

          1. 1. Relief for research and development: subjects of clinical trials

       2. Amendments to Schedule 12 to FA 2002

          1. 2. Relief for research and development: subjects of clinical trials

       3. Amendments to Schedule 13 to FA 2002

          1. 3. Relief for research and development: subjects of clinical trials

    3. SCHEDULE 3

       Claims for relief for research and development

       1. Introductory

          1. 1. Schedule 18 to FA 1998 (company tax returns, assessments and...

       2. Claims to be included in return

          1. 2. (1) Paragraph 10 (other claims and elections to be included...

       3. Claims for R&D tax relief

          1. 3. In paragraph 83A (Part 9A: introduction) for “claims for R&D...

          2. 4. In each of the following provisions for “claim for an...

          3. 5. In the title of Part 9A, “R&D tax credit” becomes...

       4. Claims for relief under Schedule 12 to FA 2002

          1. 6. After paragraph 83L insert— Part 9BA Claims for relief under...

       5. Claims for relief under Schedule 13 to FA 2002

          1. 7. In paragraph 83M (Part 9C: introduction) for “claims for tax...

          2. 8. In paragraph 83R (penalty), in sub-paragraph (1)(a) for “a claim...

          3. 9. In the title of Part 9C, “tax credit” becomes “...

       6. Commencement and transitional provision

          1. 10. The amendments made by paragraphs 2 to 9 have effect...

          2. 11. (1) This paragraph applies where a company is entitled to...

    4. SCHEDULE 4

       Taxation of activities of film production company

       1. Films to which this Schedule applies

          1. 1. Taxation of activities of film production company

       2. Activities treated as separate trade

          1. 2. Taxation of activities of film production company

       3. When the trade begins

          1. 3. Taxation of activities of film production company

       4. Pre-trading expenditure

          1. 4. Taxation of activities of film production company

       5. Costs of the film

          1. 5. Taxation of activities of film production company

       6. Income from the film

          1. 6. Taxation of activities of film production company

       7. Calculation of profit or loss

          1. 7. Taxation of activities of film production company

       8. Estimates

          1. 8. Taxation of activities of film production company

       9. When costs are taken to be incurred

          1. 9. Taxation of activities of film production company

       10. Exclusion of expenditure relieved under other provisions

           1. 10. Taxation of activities of film production company

    5. SCHEDULE 5

       Film tax relief: further provisions

       1. ... . . . . . . . . . ....

          1. . . . . . . . . . ....

          2. . . . . . . . . . ....

          3. . . . . . . . . . ....

          4. . . . . . . . . . ....

          5. . . . . . . . . . ....

          6. . . . . . . . . . ....

          7. . . . . . . . . . ....

          8. . . . . . . . . . ....

          9. . . . . . . . . . ....

          10. . . . . . . . . . ....

          11. . . . . . . . . . ....

          12. . . . . . . . . . ....

          13. . . . . . . . . . ....

          14. . . . . . . . . . ....

       2. Part 2 Certification of British films for purposes of film tax relief

          1. 15. For section 6 of the Films Act 1985 (c. 21)...

          2. 16. For the heading to Schedule 1 to that Act substitute...

          3. 17. For paragraph 1 of that Schedule substitute— Preliminary (1) In this Schedule— “film” includes any record, however made,...

          4. 18. For paragraph 2 of that Schedule substitute— Applications for certification...

          5. 19. For paragraph 3 of that Schedule substitute— Certification and withdrawal...

          6. 20. In paragraph 4 of that Schedule (British films for purposes...

          7. 21. (1) Paragraph 5 of that Schedule (excluded films) is amended...

          8. 22. In paragraph 9 of that Schedule (determination of disputes) for...

          9. 23. In paragraph 10 of that Schedule (regulations and orders)—

          10. Confidentiality of information

              1. 24. . . . . . . . . . ....

          11. Wrongful disclosure

              1. 25. . . . . . . . . . ....

       3. Part 3 Consequential amendments

          1. Interest

             1. 26. (1) Section 826 of ICTA (interest on tax overpaid etc)...

          2. Claim to be made in tax return

             1. 27. In Schedule 18 to FA 1998 (company tax returns), in...

          3. Recovery of excessive film tax credit

             1. 28. In paragraph 52 of that Schedule (recovery of excessive repayments...

          4. Claims for film tax credits

             1. 29. After Part 9C of that Schedule insert— Part 9D Claims...

       4. ... . . . . . . . . . ....

          1. . . . . . . . . . ....

          2. . . . . . . . . . ....

          3. . . . . . . . . . ....

          4. . . . . . . . . . ....

          5. . . . . . . . . . ....

    6. SCHEDULE 6

       Avoidance involving financial arrangements

       1. Repeal of rent factoring provisions

          1. 1. (1) Sections 43A to 43G of ICTA (rent factoring) shall...

       2. Dividend stripping: subsequent sales etc of rights to receive dividends etc

          1. 2. (1) Section 730 of ICTA (transfers of rights to receive...

       3. Deemed interest: cash collateral under stock lending arrangements

          1. 3. (1) After section 736B of ICTA (deemed manufactured payments in...

       4. Quasi-stock lending arrangements and quasi-cash collateral

          1. 4. (1) In section 736B of ICTA (deemed manufactured payments in...

       5. Multiple holders of securities subject to sale and repurchase agreement: no relief for deemed manufactured payments

          1. 5. Avoidance involving financial arrangements

       6. Structured finance arrangements: factoring of income receipts etc

          1. 6. . . . . . . . . . ....

       7. Rent factoring of leases of plant or machinery

          1. 7. (1) Section 785A of ICTA (rent factoring of leases of...

       8. Transactions associated with loans or credit

          1. 8. . . . . . . . . . ....

       9. Structured finance arrangements: chargeable gains treatment of acquisitions and disposals

          1. 9. (1) After section 263D of TCGA 1992 (gains accruing to...

       10. Loan relationships: mandatory convertibles

           1. 10. Avoidance involving financial arrangements

       11. Loan relationships: computation in accordance with generally accepted accounting practice

           1. 11. (1) Section 85A of FA 1996 (computation in accordance with...

       12. Loan relationships: amounts not fully recognised for accounting purposes

           1. 12. (1) After section 85B of FA 1996 (amounts recognised in...

       13. Shares treated as loan relationships: shares subject to outstanding third party obligations

           1. 13. (1) Section 91A of FA 1996 (shares subject to outstanding...

       14. Shares treated as loan relationships: application of rules to non-qualifying shares

           1. 14. (1) Section 91B of FA 1996 (non-qualifying shares) is amended...

       15. Shares treated as loan relationships: redeemable shares

           1. 15. (1) Section 91D of FA 1996 (condition 2 for section...

       16. Creditor relationships and benefit derived by connected persons

           1. 16. (1) After section 93B of FA 1996 insert— Creditor relationships...

       17. Loan relationships: money debts etc not arising from the lending of money

           1. 17. (1) Section 100 of FA 1996 (money debts etc not...

       18. Loan relationships: meaning of “fair value” in Chapter 2 of Part 4 of FA 1996

           1. 18. (1) Section 103 of FA 1996 (interpretation of Chapter 2...

       19. Loan relationships: continuity of treatment of groups etc

           1. 19. (1) In Schedule 9 to FA 1996 (loan relationships: special...

       20. Loan relationships: repo and stock-lending arrangements

           1. 20. Avoidance involving financial arrangements

       21. Derivative contracts: computation in accordance with generally accepted accounting practice

           1. 21. (1) Paragraph 17A of Schedule 26 to FA 2002 (computation...

       22. Derivative contracts: transactions within groups

           1. 22. (1) In Schedule 26 to FA 2002 (derivative contracts), paragraph...

       23. Derivative contracts: transactions within groups (fair value accounting)

           1. 23. (1) In Schedule 26 to FA 2002 (derivative contracts), paragraph...

       24. Derivative contracts: meaning of “fair value” in Schedule 26 to FA 2002

           1. 24. (1) Paragraph 54 of Schedule 26 to FA 2002 (interpretation...

    7. SCHEDULE 7

       Transfer of assets abroad

       1. Income and Corporation Taxes Act 1988

          1. Amendments of ICTA: introductory

             1. 1. Transfer of assets abroad

          2. Section 741: application subject to sections 741B and 741C

             1. 2. Transfer of assets abroad

          3. Exemption from sections 739 and 740: new provision

             1. 3. Transfer of assets abroad

          4. Application of sections 741 and 741A

             1. 4. Transfer of assets abroad

          5. Just and reasonable apportionment in certain cases

             1. 5. Transfer of assets abroad

          6. Section 742: interpretation of the Chapter

             1. 6. Transfer of assets abroad

       2. ITTOIA 2005

          1. Gains from contracts for life insurance etc

             1. 7. (1) In ITTOIA 2005, section 468 (gains from contracts of...

    8. SCHEDULE 8

       Long funding leases of plant or machinery

       1. Part 1 Capital allowances

          1. Introductory

             1. 1. CAA 2001 is amended as follows.

          2. Use for other qualifying activity of plant or machinery previously used for long funding leasing

             1. 2. After section 13 (use for qualifying activity of plant or...

          3. Expenditure on plant or machinery for long funding leasing not to be qualifying expenditure

             1. 3. After section 34 insert— Expenditure on plant or machinery for...

          4. General exclusions applying to certain sections

             1. 4. (1) Section 46 is amended as follows.

          5. Commencement of leasing under long funding lease: disposal events and disposal values

             1. 5. (1) Section 61 (disposal events and disposal values) is amended...

          6. Lessee under long funding lease: capital allowances, disposal events and disposal values

             1. 6. In Chapter 6 of Part 2 (hire-purchase etc and plant...

          7. Interpretation of provisions relating to long funding leases

             1. 7. In Part 2, after Chapter 6 insert— Chapter 6A Interpretation...

          8. Cases in which short-life asset treatment is ruled out

             1. 8. (1) The Table in section 84 is amended as follows....

          9. Fixtures

             1. 9. (1) In section 172 (scope of Chapter 14 of Part...

       2. Part 2 Corporation tax

          1. Introductory

             1. 10. . . . . . . . . . ....

          2. Special rules for long funding leases

             1. 11. . . . . . . . . . ....

       3. Part 3 Income tax

          1. Introductory

             1. 12. ITTOIA 2005 is amended as follows.

          2. Special rules for long funding leases

             1. 13. In Part 2 (trading income) after Chapter 10 insert the...

          3. Application of Chapter 10A for calculating the profits of a property business

             1. 14. (1) Section 272 is amended as follows.

       4. Part 4 Commencement and transitional provisions

          1. Commencement

             1. 15. (1) The amendments made by this Schedule have effect in...

          2. Election for lease to be treated as long funding lease for tax purposes

             1. 16. (1) The Treasury may by regulations make provision enabling a...

          3. Excepted leases

             1. 17. (1) A lease is an excepted lease if the following...

          4. Extended time limit: the additional conditions

             1. 18. (1) The additional conditions mentioned in paragraph 17(8) are as...

          5. Events beyond the control of the parties etc

             1. 19. (1) Condition B, C or D in paragraph 18 is...

          6. Pre-existing heads of agreement relating to two or more assets

             1. 20. (1) This paragraph has effect for the purposes of this...

          7. Expenditure incurred before passing of this Act where lease is not an excepted lease

             1. 21. (1) This paragraph applies where the following conditions are met—...

          8. When expenditure is incurred for the purposes of paragraph 21

             1. 22. (1) This paragraph has effect for determining, for the purposes...

          9. When a lease is “finalised”

             1. 23. (1) For the purposes of this Part, a lease is...

          10. When an asset is “under construction”

              1. 24. (1) An asset is “under construction” at any time in...

          11. Combined assets and constituent assets

              1. 25. (1) A “combined asset” is an asset which meets the...

          12. Mixed leases

              1. 26. (1) This paragraph applies in any case where there is...

          13. Interpretation of this Part

              1. 27. (1) In this Part— “combined asset” is to be construed...

    9. SCHEDULE 9

       Leases of plant or machinery: miscellaneous amendments

       1. Income and Corporation Taxes Act 1988

          1. Petroleum extraction activities: sale and leaseback

             1. 1. . . . . . . . . . ....

          2. Supplementary charge in respect of ring fence trades

             1. 2. (1) Section 501A of ICTA is amended as follows.

          3. Leased assets: special cases

             1. 3. . . . . . . . . . ....

       2. Taxation of Chargeable Gains Act 1992

          1. Long funding leases: deemed disposals and re-acquisitions

             1. 4. (1) After section 25 of TCGA 1992 (non-residents: deemed disposals)...

          2. Restriction of losses: long funding leases of plant or machinery

             1. 5. (1) After section 41 of TCGA 1992 (restriction of losses...

          3. Definition of market value

             1. 6. (1) Section 272 of TCGA 1992 (valuation: general) is amended...

       3. Finance Act 1997

          1. Leasing arrangements

             1. 7. . . . . . . . . . ....

       4. Finance Act 2000

          1. Tonnage tax: introductory

             1. 8. Schedule 22 to FA 2000 (tonnage tax) is amended as...

          2. Meaning of “finance costs”

             1. 9. (1) In Part 7 (the ring fence: general provisions) paragraph...

          3. Capital allowances: ship leasing

             1. 10. (1) Part 10 (the ring fence: capital allowances: ship leasing)...

       5. Capital Allowances Act 2001

          1. Withdrawal of first year allowances for lessors of certain plant or machinery

             1. 11. (1) Section 46 of CAA 2001 (general exclusions applying to...

          2. Plant or machinery treated as owned by person entitled to benefit of contract etc

             1. 12. (1) Section 67 of CAA 2001 is amended as follows....

          3. Phasing out of overseas leasing rules

             1. 13. (1) Section 105 of CAA 2001 (basic terms: “leasing”, “overseas...

          4. Anti-avoidance: meaning of “finance lease”

             1. 14. (1) Section 219 of CAA 2001 (meaning of “finance lease”...

          5. Capital allowances: allocation of expenditure to a chargeable period

             1. 15. (1) Section 220 of CAA 2001 is amended as follows....

    10. SCHEDULE 10

        Sale etc of lessor companies etc

        1. Part 1 Introduction

           1. Contents of Schedule

              1. 1. Sale of lessor companies

           2. Commencement

              1. 2. Sale of lessor companies

        2. Part 2 Leasing business carried on by a company alone

           1. Income and matching expense in different accounting periods

              1. 3. Sale of lessor companies

           2. Amount of income and expense

              1. 4. Sale of lessor companies

           3. No carry back of the expense

              1. 5. Sale of lessor companies

           4. Meaning of “business of leasing plant or machinery”

              1. 6. Sale of lessor companies

           5. Provision for the purposes of condition A in paragraph 6

              1. 7. Sale of lessor companies

              2. 7A. Sale of lessor companies

           6. Provision for the purposes of condition B in paragraph 6

              1. 8. Sale of lessor companies

           7. Meaning of “associated company”

              1. 9. Sale of lessor companies

           8. Meaning of “a qualifying change of ownership” in relation to a company

              1. 10. Sale of lessor companies

           9. Qualifying 75% subsidiaries

              1. 11. Sale of lessor companies

           10. Consortium relationships

               1. 12. Sale of lessor companies

           11. No qualifying change of ownership in the case of certain intra-group reorganisations

               1. 13. Sale of lessor companies

           12. No qualifying change of ownership where principal company's interest in consortium company unchanged

               1. 13A. Sale of lessor companies

           13. Meaning of “company owned by a consortium” etc

               1. 14. Sale of lessor companies

           14. Meaning of qualifying 75% or 90% subsidiary etc

               1. 15. Sale of lessor companies

           15. The amount of the income: the basic amount

               1. 16. Sale of lessor companies

           16. Meaning of “PM” in paragraph 16

               1. 17. Sale of lessor companies

               2. 17A. Sale of lessor companies

           17. Meaning of “TWDV” in paragraph 16

               1. 18. Sale of lessor companies

           18. Amount to be nil if basic amount negative

               1. 19. Sale of lessor companies

           19. Adjustment to basic amount: qualifying 75% subsidiaries

               1. 20. Sale of lessor companies

           20. Adjustment to the basic amount: consortium relationships

               1. 21. Sale of lessor companies

           21. Migration

               1. 22. Sale of lessor companies

               2. 23A. Sale of lessor companies

        3. Part 3 Leasing business carried on by a company in partnership

           1. Change in company's interest in business: income treated as received etc

              1. 23. Sale of lessor companies

           2. Amount of income and expense

              1. 24. Sale of lessor companies

           3. Meaning of “business of leasing plant or machinery”

              1. 25. Sale of lessor companies

           4. Meaning of “associated company”

              1. 26. Sale of lessor companies

           5. Meaning of “qualifying change” in company's interest in a business

              1. 27. Sale of lessor companies

           6. Determining the percentage share in the profits or loss of business

              1. 28. Sale of lessor companies

           7. The amount of the income: the basic amount

              1. 29. Sale of lessor companies

           8. Amount to be nil if basic amount negative

              1. 30. Sale of lessor companies

           9. Adjustment of basic amount

              1. 31. Sale of lessor companies

           10. Amount of expense

               1. 32. Sale of lessor companies

           11. Income and matching expense in different accounting periods

               1. 33. Sale of lessor companies

           12. Amount of income and expense

               1. 34. Sale of lessor companies

           13. No carry back of the expense

               1. 35. Sale of lessor companies

           14. Amount of the income

               1. 36. Sale of lessor companies

           15. Meaning of “profits” etc

               1. 37. Sale of lessor companies

        4. Part 4 Miscellaneous

           1. Anti-avoidance

              1. 38. Sale of lessor companies

              2. 38A. Sale of lessor companies

              3. 38B. Sale of lessor companies

           2. Relief for expense under paragraph 3 , 23(4A) or 33 otherwise giving rise to carried forward loss

              1. 39. Sale of lessor companies

           3. Relationship of Schedule with section 228K of CAA 2001

              1. 40. Sale of lessor companies

           4. Definitions for purposes of Schedule

              1. 41. Sale of lessor companies

           5. Index of definitions

              1. 42. Sale of lessor companies

           6. Consequential amendments

              1. 43. Sale of lessor companies

    11. SCHEDULE 11

        Insurance companies

        1. Continuing the effect of orders under section 431A(3) of ICTA

           1. 1. Insurance companies

        2. Section 432B apportionment: participating funds

           1. 2. Insurance companies

        3. Transfers of business: excess of assets or liabilities

           1. 3. Insurance companies

        4. Transfers of business: modification of s. 83(2B) of FA 1989

           1. 4. Insurance companies

        5. Surpluses of mutual and former mutual businesses

           1. 5. Insurance companies

        6. Receipts to be taken into account

           1. 6. Insurance companies

        7. Changes in value of assets brought into account: non-profit companies

           1. 7. Insurance companies

        8. Contingent loans

           1. 8. Insurance companies

    12. SCHEDULE 12

        Settlements: amendment of TCGA 1992 etc

        1. Part 1 Settlors, trustees and settlements

           1. Basic trust concepts

              1. 1. (1) In section 68 of TCGA 1992 for the definition...

              2. 2. (1) For section 69(1) and (2) of TCGA 1992 (residence...

           2. Interests in settlements

              1. 3. Settlements: amendment of 1992

              2. 4. (1) In section 169F of TCGA 1992 (meaning of “interest...

              3. 5. (1) In paragraph 7(5) of Schedule 4A to TCGA 1992...

        2. Part 2 Sub-fund settlements

           1. 6. (1) After section 69 of TCGA 1992 insert— Sub-fund settlements...

        3. Part 3 Consequential and minor amendments

           1. Introduction

              1. 7. Paragraphs 8 to 45 amend TCGA 1992.

           2. General

              1. 8. (1) In section 13(10) (participators in non-resident companies) for “trustees...

              2. 9. For section 21(1)(b) (definition of “asset”) substitute—

              3. 10. (1) In section 60(1) (nominees and bare trustees) in each...

              4. 11. (1) In section 63 (death: application of law in Scotland)—...

              5. 12. (1) In section 64(1) (expenses in administration)—

              6. 13. . . . . . . . . . ....

              7. 14. (1) In section 79B(1) (attribution to trustees of gains of...

              8. 15. (1) In section 97(7) (supplementary provisions for offshore settlements: interpretation)—...

              9. 16. (1) In section 98(2) (information: application of section 745 of...

              10. 17. (1) In section 104(1) (share pooling) after “for the purposes...

              11. 18. (1) In section 109(2)(a) (share pooling: pre-1982 holdings) after “for...

              12. 19. (1) In section 169D(5) after “(3)” insert “ and to...

              13. 20. (1) In section 217 (building societies: successor companies)—

              14. 21. (1) In section 227(2) (employee share ownership trusts: conditions for...

              15. 22. (1) In section 228(5)(b) (employee share ownership trusts: unauthorised arrangement)...

              16. 23. (1) In section 251(5) (debts: trustee creditors)—

              17. 24. (1) In section 283(4) (repayment supplements)— (a) for “a trust...

              18. 25. (1) In section 286(3) (connected persons: trustees) omit the words...

              19. 26. (1) In section 288(8) (interpretation) at the appropriate places insert—...

              20. 27. Settlements: amendment of 1992

              21. 28. (1) In paragraph 1(6) of Schedule 1 (exempt amount: interpretation)...

              22. 29. Settlements: amendment of 1992

           3. Residence of trustees

              1. 30. (1) In each of the provisions set out in sub-paragraph...

              2. 31. Settlements: amendment of 1992

              3. 32. In section 83A(3) (trustee residence: split years)—

              4. 33. Paragraphs 31 and 32 shall come into force on 6th...

              5. 34. (1) In each of the provisions set out in sub-paragraph...

              6. 35. (1) In each of the provisions set out in sub-paragraph...

              7. 36. (1) In each of the provisions set out in sub-paragraph...

              8. 37. (1) In section 169(3)(a) (availability of hold-over relief)—

              9. 38. In paragraph 2(7)(a) of Schedule 1 (meaning of “excluded settlement”)...

              10. 39. In paragraph 5(1) of Schedule 4A (residence of trustees) for...

              11. 40. In paragraph 10(2) of Schedule 4C (capital payments received by...

              12. 41. Paragraphs 35 to 40 shall, unless otherwise expressly provided, come...

           4. Sub-fund settlements

              1. 42. After section 73(1) of TCGA 1992 (death of life tenant:...

              2. 43. In section 286(3) of TCGA 1992 (connected persons: trustees)—

              3. 44. (1) At the beginning of Schedule 1 to TCGA 1992...

              4. 45. Paragraphs 42 to 44 shall have effect in relation to...

           5. Amendments of other Acts

              1. 46. (1) In the first column of the table in section...

              2. 47. (1) For section 761(7)(b) of ICTA (offshore income gain: trustee...

              3. 48. Settlements: amendment of 1992

    13. SCHEDULE 13

        Settlements: amendments to ICTA and ITTOIA 2005 etc

        1. Part 1 Principal amendments

           1. 1. Settlements: amendments to and 2005

           2. 2. Settlements: amendments to and 2005

           3. 3. Settlements: amendments to and 2005

           4. 4. Settlements: amendments to and 2005

           5. 5. (1) For section 619(2) to (4) of ITTOIA 2005 (charge...

           6. 6. (1) After section 685 of ITTOIA 2005 insert— Settlor-interested settlements...

        2. Part 2 Minor and consequential amendments

           1. 7. Paragraphs 8 to 26 amend ICTA.

           2. 8. Section 220(2) shall cease to have effect.

           3. 9. In section 227— (a) in subsection (5) for “trustees (other...

           4. 10. In section 229(2)— (a) for “held on trusts (other than...

           5. 11. Settlements: amendments to and 2005

           6. 12. In section 417(3)— (a) in paragraph (b) omit the words...

           7. 13. In section 421(1) for “trust” in each place substitute “...

           8. 14. Settlements: amendments to and 2005

           9. 15. Settlements: amendments to and 2005

           10. 16. Settlements: amendments to and 2005

           11. 17. Settlements: amendments to and 2005

           12. 18. In section 687A(1)(a) for “trustees” substitute “ the trustees of...

           13. 19. Settlements: amendments to and 2005

           14. 20. In section 689B(1) for “any trustees” substitute “ the trustees...

           15. 21. Settlements: amendments to and 2005

           16. 22. Settlements: amendments to and 2005

           17. 23. Section 764 shall cease to have effect.

           18. 24. In section 809— (a) in subsection (1)(a) for “trustees” substitute...

           19. 25. In section 839— (a) at the end of subsection (3)(b)...

           20. 26. In paragraph 4(12) of Schedule 28AA for the definitions of...

           21. 27. (1) Paragraph 7 and paragraphs 9 to 26 shall come...

           22. 28. (1) FA 1989 shall be amended as follows.

           23. 29. (1) In section 151(2)(a) of FA 1989 (assessment of trustees)...

           24. 30. (1) In section 25(9)(b) of FA 1990—

           25. 31. (1) In ITTOIA 2005— (a) for “trustees of trusts” in...

           26. 32. (1) The following provisions of ITTOIA 2005 shall cease to...

           27. 33. (1) In sections 628 and 630 of ITTOIA 2005 for...

           28. 34. (1) After section 629(7) of ITTOIA 2005 insert—

           29. 35. (1) FA 2005 shall be amended as follows.

           30. 36. (1) After section 28 of FA 2005 insert— Disapplication of...

           31. 37. Settlements: amendments to and 2005

    14. SCHEDULE 14

        Investment reliefs: venture capital schemes

        1. Part 1 Limits on gross assets of issuers of shares or securities

           1. Enterprise investment scheme

              1. 1. Investment reliefs: venture capital schemes

           2. Venture capital trusts

              1. 2. Investment reliefs: venture capital schemes

           3. Corporate venturing scheme

              1. 3. (1) In paragraph 22(1) and (2) of Schedule 15 to...

        2. Part 2 Rate of relief for investments in venture capital trusts

           1. 4. Investment reliefs: venture capital schemes

        3. Part 3 Enterprise investment scheme: maximum subscriptions and carry-back of relief

           1. 5. Investment reliefs: venture capital schemes

           2. 6. Investment reliefs: venture capital schemes

        4. Part 4 Lengthening of periods applicable to venture capital trusts

           1. 7. Investment reliefs: venture capital schemes

        5. Part 5 Venture capital trusts: meaning of “investments”

           1. 8. Investment reliefs: venture capital schemes

    15. SCHEDULE 15

        Accountancy change: spreading of adjustment

        1. Part 1 Income tax

           1. Application of this Part of this Schedule

              1. 1. (1) This Part of this Schedule applies where—

           2. Spreading of adjustment income

              1. 2. (1) The adjustment income shall be spread in accordance with...

           3. Effect of cessation of business

              1. 3. If before the whole of the adjustment income has been...

           4. Election to accelerate charge

              1. 4. (1) A person who under paragraph 2 is liable to...

           5. Liability of personal representatives

              1. 5. (1) This paragraph applies in the case of the death...

           6. Meaning of “business”

              1. 6. In this Part of this Schedule “business” means—

           7. Application of provisions to partnerships

              1. 7. (1) This paragraph applies where the business is carried on...

           8. Cases where spreading already available

              1. 8. This Part of this Schedule does not apply to adjustment...

        2. Part 2 Corporation tax

           1. Application of this Part of this Schedule

              1. 9. (1) This Part of this Schedule applies where—

           2. Spreading of adjustment

              1. 10. (1) The adjustment shall be spread in accordance with the...

           3. Accounting periods of less than twelve months

              1. 11. (1) This paragraph applies where by reason of—

           4. Effect of other events bringing accounting period to an end

              1. 12. (1) If before the whole of the adjustment has been...

           5. Election to accelerate charge

              1. 13. (1) A company that under paragraph 10 is liable to...

           6. Meaning of “business” etc

              1. 14. (1) In this Part of this Schedule “business” means—

           7. Application of provisions to partnerships

              1. 15. (1) This paragraph applies where the business is carried on...

    16. SCHEDULE 16

        Real Estate Investment Trusts: excluded business and income

        1. Part 1 Classes of business

           1. 1. Real Estate Investment Trusts: excluded business and income

           2. 2. Real Estate Investment Trusts: excluded business and income

           3. 3. Real Estate Investment Trusts: excluded business and income

           4. 4. Real Estate Investment Trusts: excluded business and income

           5. 5. Real Estate Investment Trusts: excluded business and income

        2. Part 2 Classes of income or profit

           1. 6. Real Estate Investment Trusts: excluded business and income

           2. 7. Real Estate Investment Trusts: excluded business and income

           3. 8. Real Estate Investment Trusts: excluded business and income

           4. 9. Real Estate Investment Trusts: excluded business and income

           5. 10. Real Estate Investment Trusts: excluded business and income

           6. 11. Real Estate Investment Trusts: excluded business and income

           7. 12. Real Estate Investment Trusts: excluded business and income

           8. 13. Real Estate Investment Trusts: excluded business and income

        3. Part 3 Power to amend

           1. 14. Real Estate Investment Trusts: excluded business and income

    17. SCHEDULE 17

        Group Real Estate Investment Trusts: modifications

        1. Introduction

           1. 1. Group Real Estate Investment Trusts: modifications

           2. 2. Group Real Estate Investment Trusts: modifications

           3. 3. Group Real Estate Investment Trusts: modifications

        2. General modification

           1. 4. Group Real Estate Investment Trusts: modifications

        3. Conditions

           1. 5. Group Real Estate Investment Trusts: modifications

           2. 6. Group Real Estate Investment Trusts: modifications

           3. 7. Group Real Estate Investment Trusts: modifications

        4. Entering Real Estate Investment Trust Regime

           1. 8. Group Real Estate Investment Trusts: modifications

           2. 9. Group Real Estate Investment Trusts: modifications

           3. 10. Group Real Estate Investment Trusts: modifications

           4. 11. Group Real Estate Investment Trusts: modifications

           5. 12. Group Real Estate Investment Trusts: modifications

           6. 13. Group Real Estate Investment Trusts: modifications

           7. 14. Group Real Estate Investment Trusts: modifications

        5. Assets, etc

           1. 15. Group Real Estate Investment Trusts: modifications

           2. 16. Group Real Estate Investment Trusts: modifications

        6. Profits

           1. 17. Group Real Estate Investment Trusts: modifications

           2. 18. Group Real Estate Investment Trusts: modifications

           3. 19. Group Real Estate Investment Trusts: modifications

           4. 20. Group Real Estate Investment Trusts: modifications

        7. Capital gains

           1. 21. Group Real Estate Investment Trusts: modifications

           2. 22. Group Real Estate Investment Trusts: modifications

        8. Leaving Real Estate Investment Trust Regime

           1. 23. Group Real Estate Investment Trusts: modifications

           2. 24. Group Real Estate Investment Trusts: modifications

           3. 25. Group Real Estate Investment Trusts: modifications

           4. 26. Group Real Estate Investment Trusts: modifications

        9. Anti-avoidance

           1. 27. Group Real Estate Investment Trusts: modifications

           2. 28. Group Real Estate Investment Trusts: modifications

           3. 29. Group Real Estate Investment Trusts: modifications

        10. Manufactured dividends

            1. 30. Group Real Estate Investment Trusts: modifications

        11. Financial statements

            1. 31. Group Real Estate Investment Trusts: modifications

        12. Non-UK resident members

            1. 32. Group Real Estate Investment Trusts: modifications

        13. Takeovers

            1. 33. Group Real Estate Investment Trusts: modifications

        14. Demergers

            1. 34. Group Real Estate Investment Trusts: modifications

    18. SCHEDULE 18

        Oil taxation: market value of oil

        1. Part 1 Amendments of the Oil Taxation Act 1975

           1. Introductory

              1. 1. OTA 1975 is amended as follows.

           2. Assessable profits and allowable losses

              1. 2. (1) Section 2 is amended as follows.

           3. Allowance of exploration and appraisal expenditure

              1. 3. (1) Section 5A is amended as follows.

           4. Interpretation

              1. 4. (1) In section 12 (interpretation of Part 1 of the...

           5. Date of delivery or appropriation for shipped oil not disposed of in sales at arm's length

              1. 5. (1) After section 12, insert— Date of delivery or appropriation:...

           6. “The Board”

              1. 6. (1) In section 21 (citation, interpretation and construction of the...

           7. Returns by participators

              1. 7. (1) In Schedule 2 (management and collection) paragraph 2 is...

           8. Gas fractionation

              1. 8. (1) In Schedule 3 (petroleum revenue tax: miscellaneous provisions) paragraph...

           9. Aggregate market value of oil for purposes of section 2(5)

              1. 9. In Schedule 3, for paragraph 3 substitute— (1) For the purposes of subsection (5) of section 2...

           10. Power to make regulations

               1. 10. At the end of Schedule 3 insert— Power to make...

        2. Part 2 Amendments of other enactments

           1. Finance (No. 2) Act 1987

              1. The designated fraction for the month

                 1. 11. (1) Schedule 8 to F(No.2)A 1987 (amendments of Schedule 10...

           2. Income and Corporation Taxes Act 1988

              1. Valuation of oil disposed of or appropriated in certain circumstances.

                 1. 12. (1) Section 493 of ICTA (valuation of oil disposed of...

    19. SCHEDULE 19

        Schedule to be inserted as Schedule 19C to ICTA

        1. . . . . . . . . . ....

    20. SCHEDULE 20

        Inheritance tax: rules for trusts etc

        1. Part 1 “Trusts for bereaved minors”, “age 18-to-25 trusts” and “accumulation and maintenance” trusts

           1. Trusts for bereaved minors and Age 18-to-25 trusts

              1. 1. (1) In IHTA 1984, after section 71 insert— Trusts for...

           2. Section 71 of IHTA 1984 not to apply to property settled on or after 22nd March 2006

              1. 2. (1) Section 71 of IHTA 1984 (accumulation and maintenance trusts)...

           3. Section 71 of IHTA 1984 to cease to apply to certain settled property from 6th April 2008

              1. 3. (1) In section 71(1)(a) of IHTA 1984 (section applies to...

        2. Part 2 Interests in possession: when settled property is part of beneficiary's estate

           1. Aggregation with person's estate of property in which interest in possession subsists

              1. 4. (1) In section 49 of IHTA 1984, after subsection (1)...

           2. “Immediate post-death interests” and “transitional serial interests”

              1. 5. (1) In IHTA 1984, after section 49 insert— Immediate post-death...

           3. Disabled persons' trusts: meaning of “disabled person's interest” and “disabled person”

              1. 6. (1) After section 89 (trusts for disabled persons) insert— Self-settlement...

        3. Part 3 Related amendments in IHTA 1984

           1. Commencement

              1. 7. The following paragraphs of this Part of this Schedule shall...

           2. Deemed disposition where omission to exercise a right increases value of another person's estate or of settled property not aggregated with a person's estate

              1. 8. In section 3(3) of IHTA 1984 (failure to exercise a...

           3. Potentially exempt transfers: provision in consequence of section 71 of IHTA 1984 not applying to property settled on or after 22nd March 2006

              1. 9. (1) Section 3A of IHTA 1984 (potentially exempt transfers) is...

           4. Person's “estate” not to include certain interests in possession

              1. 10. (1) Section 5 of IHTA 1984 (meaning of “estate”) is...

           5. Life assurance policies entered into before 22nd March 2006

              1. 11. (1) After section 46 of IHTA 1984 insert— Contract of...

           6. Tax where interest in possession ends, or is treated as ending, during beneficiary's life

              1. 12. In section 51 of IHTA 1984 (disposal of interest in...

              2. 13. (1) Section 52 of IHTA 1984 (tax on termination of...

              3. 14. (1) Section 53 of IHTA 1984 (exceptions from tax charge...

           7. Non-aggregation with deceased person's estate of property in which he had interest in possession if property reverts to settlor or passes to settlor's spouse or civil partner etc

              1. 15. (1) Section 54 of IHTA 1984 (exceptions from charge on...

           8. Rate of tax on ending of interest in possession in property settled during settlor's life

              1. 16. (1) Section 54A of IHTA 1984 (special rate of charge...

           9. Property entering maintenance fund after death of person entitled to interest in possession

              1. 17. In section 57A of IHTA 1984 (relief where property enters...

           10. “Relevant property” not to include property held on trust for a bereaved child

               1. 18. In section 58(1)(b) of IHTA 1984 (property to which certain...

           11. “Relevant property” to include property held on employee trusts or newspaper trusts if certain interests in possession subsist in the property

               1. 19. (1) Section 58 of IHTA 1984 (meaning of “relevant property”...

           12. Certain interests in possession to which a person becomes entitled on or after 22nd March 2006 not to be “qualifying interests in possession” for purposes of Chapter 3 of Part 3 of IHTA 1984

               1. 20. (1) Section 59 of IHTA 1984 (settlements without interests in...

           13. New meaning of “qualifying interest in possession” not to apply in section 72 of IHTA 1984

               1. 21. (1) Section 72 of IHTA 1984 (property leaving employee trusts...

           14. No charge under sections 71B, 71E etc where property held on trusts for bereaved child becomes held on trusts for charitable purposes etc

               1. 22. In section 76(1) of IHTA 1984 (which provides for tax...

           15. No postponement of commencement date of settlement where property settled on or after 22nd March 2006 unless settlor, or spouse or civil partner, has immediate post-death interest

               1. 23. In section 80 of IHTA 1984 (postponement of commencement date...

           16. Protective trusts

               1. 24. In section 88 of IHTA 1984 (protective trusts), after subsection...

           17. Alterations of capital etc of close company where participator holds shares etc in company as trustee of settled property in which an interest in possession subsists

               1. 25. In section 100 of IHTA 1984 (alteration of close company's...

           18. Close company's interest in possession treated as interest of its participators

               1. 26. In section 101 of IHTA 1984 (where close company has...

           19. Distributions within two years of person's death out of property settled by his will

               1. 27. (1) Section 144 of IHTA 1984 (distribution etc from property...

           20. Interpretation of IHTA 1984

               1. 28. In section 272 of IHTA 1984 (general interpretation), in the...

        4. Part 4 Related amendments in TCGA 1992

           1. 29. (1) TCGA 1992 is amended in accordance with the following...

           2. 30. (1) Section 72 (death of person entitled to an interest...

           3. 31. In section 73 (no chargeable gain on deemed disposal under...

           4. 32. In section 260(2) (disposals where gain may be held over),...

        5. Part 5 Property subject to a reservation

           1. 33. (1) FA 1986 is amended as follows.

        6. Part 6 Conditional exemption: relief from charges

           1. 34. (1) Section 79 of IHTA 1984 (subsection (3) of which...

    21. SCHEDULE 21

        Taxable property held by investment-regulated pension schemes

        1. 1. In section 271 of TCGA 1992 (exemptions), after subsection (1A)...

        2. 2. Part 4 of FA 2004 (pension schemes) is amended as...

        3. 3. (1) Section 160 (payments by registered pension schemes) is amended...

        4. 4. In section 173 (benefits), after subsection (7) insert—

        5. 5. After section 174 insert— Taxable property held by investment-regulated pension...

        6. 6. After section 185 insert— Income and gains from taxable property...

        7. 7. In section 186 (relief for income derived from scheme investments),...

        8. 8. In section 239 (scheme sanction charge), after subsection (5) insert—...

        9. 9. In section 241(1) (scheme chargeable payments) insert at the end...

        10. 10. After section 273 insert— Income and gains from taxable property...

        11. 11. In section 278 (market value), after subsection (3) insert—

        12. 12. In section 280(2) (index of defined expressions), in the table,...

        13. 13. After Schedule 29 insert— SCHEDULE 29A Taxable property held by...

        14. 14. (1) Schedule 34 (non-UK schemes: application of certain charges) is...

        15. 15. In Schedule 36 (transitional provisions and savings), after paragraph 37...

    22. SCHEDULE 22

        Pension schemes: inheritance tax

        1. Introductory

           1. 1. IHTA 1984 is amended as follows.

        2. Dispositions

           1. 2. In section 12 (dispositions conferring retirement benefits), after subsection (2)...

        3. Secured pension funds

           1. 3. . . . . . . . . . ....

           2. 4. . . . . . . . . . ....

        4. Liability

           1. 5. . . . . . . . . . ....

           2. 6. . . . . . . . . . ....

        5. Delivery of accounts

           1. 7. . . . . . . . . . ....

        6. Payment

           1. 8. . . . . . . . . . ....

        7. Interest

           1. 9. . . . . . . . . . ....

        8. Interpretation

           1. 10. (1) Section 272 (general interpretation) is amended as follows.

        9. Rates of tax

           1. 11. . . . . . . . . . ....

        10. Transitional

            1. 12. . . . . . . . . . ....

    23. SCHEDULE 23

        Pension schemes etc: miscellaneous

        1. Introduction

           1. 1. Part 4 of FA 2004 (pension schemes etc) is amended...

        2. Meaning of “pension credit member” etc: person dying before discharge of liability

           1. 2. In section 151(5) (pension credit members), insert at the end...

        3. Unauthorised payments: former members and sponsoring employers etc

           1. 3. (1) Section 160 (payments by registered pension schemes) is amended...

           2. 4. (1) Section 161 (meaning of “payment” etc) is amended as...

           3. 5. In section 162(3) and (4) (meaning of “loan”)—

           4. 6. In section 164 (authorised member payments)— (a) before “member” insert...

           5. 7. In section 171(1) and (4) (scheme administration member payments), before...

           6. 8. (1) Section 173 (benefits) is amended as follows.

           7. 9. (1) Section 174 (value shifting) is amended as follows.

           8. 10. In section 175 (authorised employer payments), before “sponsoring” insert “...

           9. 11. In section 179(1), (5) and (6) (authorised employer loan), before...

           10. 12. In section 180(1) and (4) (scheme administration employer payments), before...

           11. 13. In section 181(1) (value shifting)— (a) before “sponsoring employer”, in...

           12. 14. In section 208(2) (unauthorised payments charge)— (a) in paragraph (a),...

           13. 15. In section 209(3) (unauthorised payments surcharge)— (a) in paragraph (a),...

           14. 16. (1) Section 210 (surchargeable unauthorised member payments) is amended as...

           15. 17. In section 211(1) (valuation of crystallised rights), for “the arrangement”,...

           16. 18. In section 212(3) (valuation of uncrystallised rights), for “the arrangement”,...

           17. 19. (1) Section 213 (surchargeable unauthorised employer payments) is amended as...

        4. “Bridging” pensions

           1. 20. (1) Paragraph 2 of Schedule 28 (scheme pension) is amended...

           2. 21. In paragraph 1(4)(a) of Schedule 29 (pension commencement lump sum:...

        5. Pension commencement lump sum: scheme pensions under money purchase arrangements

           1. 22. (1) Paragraph 3 of Schedule 29 (pension commencement lump sum:...

           2. 23. (1) Paragraph 2 of that Schedule (the permitted maximum) is...

           3. 24. (1) Paragraph 29 of Schedule 36 (transitional provisions: applicable amount...

           4. 25. (1) Paragraph 34 of that Schedule (transitional provisions: entitlement to...

           5. 26. In section 280(2) (general index), after the entry relating to...

        6. Short service refund lump sum: protected rights etc.

           1. 27. In paragraph 5(1)(d) of Schedule 29 (requirement that lump sum...

        7. Refund of excess contributions lump sum: excess relief at source

           1. 28. (1) Paragraph 6 of Schedule 29 (refund of excess contributions...

        8. Annuity protection lump sum death benefit: benefits from unsecured pension fund

           1. 29. In paragraph 16(3) of Schedule 29 (annuity protection lump sum...

        9. Benefit crystallisation events: reaching 75 after designation for unsecured pension

           1. 30. In section 216(1) (benefit crystallisation events and amounts crystallised), in...

        10. Availability of individual's lifetime allowance: previous benefit crystallisation events

            1. 31. (1) Section 219 (availability of individual's lifetime allowance) is amended...

        11. Overseas pension schemes: extension of migrant member relief

            1. 32. (1) Paragraph 4 of Schedule 33 (meaning of “relevant migrant...

        12. Abatement

            1. 33. In section 279(1) (definitions), in the definition of “abatement”—

        13. Amendments and transitionals

            1. 34. (1) Section 281 (minor and consequential amendments) is amended as...

            2. 35. (1) Section 283 (transitionals and savings) is amended as follows....

        14. Transitional provision: uncrystallised rights under paragraph 9 to include separate lump sums

            1. 36. (1) Paragraph 9 of Schedule 36 (uncrystallised rights under arrangement...

        15. Transitional protection: taking account of death benefits

            1. 37. Schedule 36 (transitional provisions) is amended as follows.

            2. 38. After paragraph 11 insert— (1) This paragraph applies where— (a) paragraph 7 makes provision...

            3. 39. In paragraph 14 (enhanced protection: relevant contributions), after sub-paragraph (2)...

            4. 40. (1) Paragraph 15 (enhanced protection: “the relevant crystallised amount”) is...

            5. 41. After that paragraph insert— (1) This paragraph applies where— (a) a person is paid...

            6. 42. In section 256(1) (enhanced lifetime allowance regulations)—

        16. Transitional protection: right to take benefits before normal pension age

            1. 43. (1) Paragraph 22 of Schedule 36 (right to take benefits...

        17. Transitional provisions: minor corrections

            1. 44. Schedule 36 (transitional provisions) is amended as follows.

            2. 45. In paragraphs 9(4)(a) and 26(3)(a) (primary protection: maximum permitted pension...

            3. 46. In paragraph 54(1)(b) (benefits taxable under Chapter 2 of Part...

    24. SCHEDULE 24

        Stamp duty land tax: amendments of Schedule 15 to FA 2003

        1. Introduction

           1. 1. Schedule 15 to FA 2003 (stamp duty land tax: partnerships)...

        2. Transfer of chargeable interest to a partnership

           1. 2. (1) In paragraph 10 (transfer of chargeable interest to a...

           2. 3. In paragraph 11 (transfer of chargeable interest to a partnership:...

           3. 4. (1) In paragraph 13 (transfer of chargeable interest to a...

        3. Transfer of chargeable interest from a partnership

           1. 5. (1) In paragraph 18 (transfer of chargeable interest from a...

           2. 6. In paragraph 19 (transfer of chargeable interest from a partnership:...

           3. 7. (1) In paragraph 24 (transfer of chargeable interest from a...

        4. Transfer of chargeable interest from a partnership to a partnership

           1. 8. In paragraph 23 (transfer of chargeable interest from a partnership...

        5. Transfer of partnership interest: restriction of charge to property-investment partnerships

           1. 9. (1) In paragraph 14 (transfer of partnership interest: consideration given...

        6. Prevention of double charge where money etc withdrawn from partnership

           1. 10. In paragraph 17A (withdrawal of money etc from partnership after...

        7. Commencement

           1. 11. (1) Paragraphs 2 to 8 have effect in relation to...

    25. SCHEDULE 25

        Stamp duty land tax: amendments of Schedule 17A to FA 2003

        1. Introduction

           1. 1. Schedule 17A (stamp duty land tax: further provisions relating to...

        2. Agricultural tenancies variable under statutory provisions

           1. 2. (1) In paragraph 7 (variable or uncertain rent), after sub-paragraph...

        3. Backdated lease granted to tenant holding over

           1. 3. (1) After paragraph 9 insert— Backdated lease granted to tenant...

        4. Disapplication of “single lease” treatment where agreement for lease followed by grant

           1. 4. In paragraph 12A (agreement for lease), at the end of...

           2. 5. (1) In paragraph 19 (provisions relating to leases in Scotland),...

        5. Disapplication of “new lease” treatment for certain rent increases after fifth year

           1. 6. (1) In paragraph 13 (increase in rent treated as grant...

        6. Abnormal rent increase after fifth year

           1. 7. (1) In paragraph 14 (increase of rent treated as grant...

           2. 8. (1) In paragraph 15 (increase of rent after fifth year:...

        7. Commencement

           1. 9. (1) Paragraph 2 has effect in relation to any lease...

    26. SCHEDULE 26

        Repeals

        1. Part 1 Excise duties

        2. Part 2 Value added tax

        3. Part 3 Income tax, corporation tax and capital gains tax

        4. Part 4 Real Estate Investment Trusts

        5. Part 5 Oil

        6. Part 6 Inheritance tax

        7. Part 7 Stamp taxes

        8. Part 8 Miscellaneous provisions