The Finance Act 1995, Section 139(3), (Appointed Day) Order 1998

Statutory Instruments

1998 No. 2620 (C. 62)

INCOME TAX

The Finance Act 1995, Section 139(3), (Appointed Day) Order 1998

Made

23rd October 1998

The Treasury, in exercise of the powers conferred on them by section 139(3) of the Finance Act 1995(1) and paragraph 7 of Schedule 8 to the Finance Act 1998(2), hereby make the following Order:

1.  This Order may be cited as the Finance Act 1995, Section 139(3), (Appointed Day) Order 1998.

2.  The day appointed for the purposes of sub-paragraphs (2) and (3)(b) of paragraph 3 of Schedule 27 to the Finance Act 1995 is 23rd November 1998.

3.  The day appointed for the purposes of paragraphs 1, 2, 3(1) and 4 to 7 of Schedule 27 to the Finance Act 1995 is 1st August 1999.

4.  Certificates under section 561 of the Income and Corporation Taxes Act 1988(3) which have been issued or renewed before the date on which this Order is made, for periods ending on or after the day appointed in paragraph 3 of this Order, shall cease to have effect at the end of the day preceding that appointed day.

Jane Kennedy

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

23rd October 1998

Explanatory Note

(This note is not part of the Order)

Section 139 of and Schedule 27 to the Finance Act 1995 make a number of amendments to provisions of the Income and Corporation Taxes Act 1988 relating to the tax treatment of sub-contractors in the construction industry. The amendments have effect on or after such day as the Treasury may by order appoint, and different days may be appointed under section 139(3) of the Finance Act 1995 for different purposes.

Paragraph 2 of this Order appoints 23rd November 1998 as the day in question, for the purposes of paragraph 3(2) and (3)(b) of Schedule 27 to the Finance Act 1995.

Paragraph 3 of this Order appoints 1st August 1999 as the day in question, for the purposes of paragraphs 1, 2, 3(1) and 4 to 7 of Schedule 27 to the Finance Act 1995.

Paragraph 4 of this Order exercises the power given by paragraph 7 of Schedule 8 to the Finance Act 1998 (c. 36), to provide that certificates under section 561 of the Income and Corporation Taxes Act 1988 shall cease to have effect immediately prior to the day appointed in paragraph 3.

(1)

1995 c. 4.

(2)

1998 c. 36.

(3)

1988 c. 1. Section 561 was amended by paragraph 5 of Schedule 17 to the Finance Act 1994 (c. 9) and by paragraph 3 of Schedule 27 to the Finance Act 1995 (c. 4).