Finance Act 1972
1972 c. 41
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.
The text of ss. 128, 134(4) was taken from from SIF Group 107:2 (Road Traffic: Vehicle Excise Duty), ss. 1-52, 127, 134(1)(4)(5), Schs 1-7 from SIF group 40:2 (Customs and Excise:Value Added Tax and Car Tax), ss. 62-119, 123, 124, 127, 129-131, 134(1)-(3)(b)(4)-(7), Schs. 9-25, 28 from SIF Group 63:1 (Income, Corporation and Capital Gains Taxes), and ss. 125, 126, 130, 132, 133, 134(1)(4)-(7), Sch 28 from SIF Group 99:3 (Public Finance and Economic Controls: National Debt). Provisions omitted from SIF have been dealt with as referred to in other commentary.
General amendments to Tax Acts, Income Tax Acts, and/or Corporation Tax Acts made by legislation after 1.2.1991 are noted against Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1) but not against each Act
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
General amendments etc. to Tax Acts (or Income Tax Acts or Corporation Tax Acts as the case may be) made by Taxes Management Act 1970 (c.9, SIF 63:1), s. 41A(7) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 95(1)(2), British Telecommunications Act 1981 (c. 38, SIF 96), s. 82(2)(7); Telecommunications Act 1984 (c. 12, SIF 96), s. 72(3); Finance Act 1984 (c. 43, SIF 63:1), ss. 82(6), 85(2), 89(1)(7), 96(1)(7), Sch. 9 para 3(2)(9), Sch. 16 paras. 6, 12 amd Finance Act 1985 (c. 54, SIF 63:1), ss. 72(1), 74(5), Sch 23 para. 15(4), S.I. 1987/530, regs. 11(2), 13(1), 14, Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 4, 6, 7, 9, 32, 34, 78, 134, 135, 141, 142, 185, 191, 193, 194, 195, 200, 203, 209, 212, 213, 219, 247, 253, 272, 287, 314, 315, 317, 318, 325, 326, 327, 345, 350, 351, 368, 375, 381, 397, 414, 432, 440, 442, 446, 458, 460, 461, 463, 463(2)(3) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 50(2)), 468, 474, 475, 486, 490, 491, 503, 511, 518, 524, 532, 544, 550, 556, 558, 569, 572, 582, 595, 601, 613, 617, 619, 621, 639, 656, 660, 663, 676, 689, 691, 694, 700, 701, 714, 716, 739, 743, 754, 763, 776, 780, 781, 782, 787, 789, 811, 828, 829, 832, 833, 834, 835, 837, 838, 839, 840, 841, 842, Sch. 2 para. 5, Sch. 4 para. 5, Sch. 13 para. 10, Sch. 16 para. 10, Sch. 21 para. 6, Sch. 26 para. 1, Sch. 27 para. 20, Finance Act 1988 (c. 39, SIF 63:1), ss. 66, 127(1)(6), Sch. 12 para. 6, Capital Allowances Act 1990 (c. 1, SIF 63:1), ss. 28(1), 68(8), 74, 82, 83(5), 148(5), 163(4), 164(2), S.I. 1990/627 and Finance Act 1990 (c. 29, SIF 63:1), s. 25(10)
Part I
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Part II Car Tax and Purchase Tax
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
55Amendments consequential on replacement of purchase tax.
C81
In section 14(2) of the M5Crown Proceedings Act 1947 (summary applications to High Court for payment of purchase tax and furnishing of information relating thereto) and in section 14 of that Act as it applies in Northern Ireland for the words “purchase tax” in paragraphs (c) and (d) there shall be substituted the words “value added tax”; but without prejudice to the operation of that section as originally enacted (or of the section substituted for Northern Ireland) with respect to purchase tax becoming due before the coming into force of this section or with respect to so much of the enactments relating to purchase tax as remains in force thereafter.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
C85
In section 9 of the M6 International Organisations Act 1968 for the words “or of purchase tax” there shall be substituted the words “value added tax or car tax” and in paragraph 7 of Schedule 1 to that Act for the words “purcahse tax paid on any goods” there shall be substituted the words “car tax paid on any vehicles and value added tax paid on the supply of any goods or services”; but without prejudice to the operation of that section or paragraph as originally enacted with respect to purchase tax becoming due before the coming into force of this section.
C86
In section 6 of the M7 Vehicles (Excise) Act 1971 (exemption from vehicles excise duty of vehicles acquired by overseas residents) the following shall be substituted for subsection (1), but without prejudice to the operation of that subsection as originally enacted in relation to purchase tax remitted under section 23 of the M8 Purchase Tax Act 1963:—
1
A mechanically propelled vehicle shall not be chargeable with any duty under this Act if it has been supplied to the person keeping it by a taxable person within the meaning of section 4 of the Finance Act 1972 and the supply has been zero-rated in pursuance of subsection (7) of section 12 of that Act; but if, at any time, the value added tax that would have been chargeable on the supply but for the zero-rating becomes payable under subsection (8) of that section, or would have become so payable but for any authorisation or waiver under that subsection, then the provisions of subsection (3) below shall apply in relation to that vehicle.
C87
This section shall come into force on 1st April 1973.
Part III
56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
PART IV Income Tax and Corporation Tax
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Part VTaxation of Companies and Company Distributions
84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
96F15 Mitigation of corporation tax liability of industrial and provident societies, housing associations and building societies.
C31
Where in any accounting period of a body to which this section applies the rate of corporation tax exceeds such special rate as Parliament may fix for the purposes of this section, F16the body may claim that the corporation tax charged on the income of that body for that period shall be calculated as if the rate of corporation tax were equal to that special rate.
2
The bodies to which this section applies are—
a
any registered industrial and provident society as defined in section 340 of the Taxes Act and any such co-operative association as is mentioned in subsection (8) of that section;
b
any housing association for the time being approved for the purposes of section 341 of that Act;
c
any building society as defined in section 343 of that Act and any company to which that section applies by virtue of subsection (9) of that section.
not being a society, association or company under the control (within the meaning of section 302 of that Act) of one or more companies which are not themselves bodies to which this section applies.
C43
For the purposes of this section the income of a company for an accounting period is its income charged to corporation tax for that period as defined in section 85(6) above F17as originally enacted.
97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
111 Consequential amendments.
1
The enactments specified in Schedule 24 to this Act shall have effect with the amendments there specified, being amendments adapting and supplementing those enactments in consequence of the provisions of this Part of this Act.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
3
This section has effect from 6th April 1973 and does not affect the operation of any enactment in relation to any previous time ; and no amendment in the said Schedule 24 adapting an enactment so as to make it apply or refer to a provision of this Act instead of a provision repealed thereby shall be construed as affecting the operation of that enactment in relation to the repealed provision so far as concerns matters occurring before the repeal or otherwise unaffected by it.
PART VI Tax on Capital Gains and Estate Duty
112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
PART VII Miscellaneous
122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
126 Abolition of stamp duty on bank notes and of bankers’ licences.
1
The following are hereby abolished—
a
the stamp duty chargeable by virtue of the heading “BANK NOTE” in Schedule 1 to the M9Stamp Act 1891;
b
the licences required to be taken out under section 24 of the M10 Stamp Act 1815 (licences for bankers etc. issuing certain promissory notes).
2
This section takes effect on 25th June 1972; and if on or after that date and before the passing of this Act a person pays any duty in respect of a licence of the kind mentioned in subsection (1)(b) above which would not have been payable if this Act had then been in force the Commissioners of Inland Revenue shall, on application made to them within two years after the date of payment, repay the duty.
127 Disclosure of information between revenue departments.
1
No obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise shall prevent either—
a
the Commissioners of Inland Revenue or an authorised officer of those Commissioners; or
b
the Commissioners of Customs and Excise or an authorised officer of those Commissioners;
from disclosing information to the other Commissioners or an authorised officer of the other Commissioners for the purpose of assisting them in the performance of their duties.
2
Information obtained in pursuance of this section shall not be disclosed except—
a
to the Commissioners or a authorised officer of the Commissioners on whose behalf it was obtained; or
b
for the purpose of any proceedings connected with a matter in relation to which those Commissioners perform duties.
128Vehicle excise duty— disabled persons
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49
C92
In section 7 of the M11 Finance Act 1971 the words from “fitted with controls” to “or a vehicle” and paragraphs (a) and (b) shall be omitted.
C93
In section 4(1)(g) of the Vehicles (Excise) Act 1971 (vehicles not exceeding eight hundredweight for invalids) for the word “eight” there shall be substituted the word “ten”.
129 Summary award of penalties.
C101
In section 53(1) of the Taxes Management Act 1970 (summary award of penalties) there shall be substituted, for the words from “section 98(3)” to “awarded” the words “section 98 of this Act shall have effect, in relation to a penalty so awarded, as if subsection (3) were omitted and the reference in subsection (1)(ii) to the Commissioners before whom proceedings for the penalty have been commenced were a reference to the Commissioners by whom the penalty has been awarded”.
2
This section does not apply in relation to a penalty awarded before the commencement of this Act.
130Compensation for loss of office etc. by clerks to General Commissioners.
1
The Commissioners of Inland Revenue may, with the concurrence of the Minister for the Civil Service, by regulations provide for the payment out of money provided by Parliament of compensation to or in respect of any clerk to the General Commissioners for any division who suffers or has suffered loss of office or loss or diminution of emoluments which is attributable to any order affecting that division made (whether before or after the passing of this Act) under section 2(6) of the Taxes Management Act 1970 (alteration and abolition of divisions).
2
Regulations under this section may—
a
include provision as to the manner in which and the person to whom any claim for compensation under the regulations is to be made, and for the determination of all questions arising under the regulations;
b
make different provision for different classes of persons and for different circumstances, and make, or authorise the Commissioners of Inland Revenue to make, exceptions and conditions;
c
be framed so as to have effect from a date earlier than the making of the regulations,
but so that regulations having effect from a date earlier than their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
3
Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
131Post-war credits. C5
1
On the repayment of any post-war credit, or payment to a building society of any amount outstanding under section 3 of the M1Income Tax (Repayment of Post-War Credits) Act 1959, the sum payable, inclusive of the interest, may be taken by the Commissioners of Inland Revenue as amounting to 138 per cent. of the credit as notified under section 7 of the M2Finance Act 1941 or of the amount so outstanding, as the case may be.
2
An application for such repayment made before the applicant is qualified may, if he later becomes qualified, be treated as made on the date when he does so.
3
No such repayment shall be made unless application therefor is made before such time (not earlier than the beginning of the year 1974) as the Treasury may by order direct.
Any order under this subsection shall be made by statutory instrument, which shall be laid before Parliament after being made, and may be varied by a subsequent order so as to extend the time for applications for repayment.
F273A
An order under subsection (3) above may make different provision for different cases or classes of case and may provide that no amount shall be ascertained, recorded or notified under section 7 of the M3Finance Act 1941 after any such time as may be specified in the order.
4
In this section “post-war credit” has the same meaning as in the M4 Income Tax (Repayment of Post-War Credits) Act 1959.
5
This section shall be deemed to have had effect from the beginning of April 1972.
132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
134Citation, interpretation, construction, extent and repeals.
1
This Act may be cited as the Finance Act 1972.
2
In this Act “the Taxes Act” means the Income and Corporation Taxes Act F501988.
3
In this Act—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
b
Parts IV and V, so far as they relate to income tax, shall be construed as one with the Income Tax Acts and, so far as they relate to corporation tax, shall be construed as one with the Corporation Tax Acts;
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
4
Except so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference to that enactment as applied, by or under any other enactment, including this Act.
5
Except as otherwise expressly provided, such of the provisions of this Act as relate to matters in respect of which the Parliament of Northern Ireland has power to make laws do not extend to Northern Ireland.
6
If the Parliament of Northern Ireland passes provisions amending or replacing any enactment of that Parliament referred to in this Act the reference shall be construed as a reference to the enactment as so amended or, as the case may be, as a reference to those provisions.
7
The enactments mentioned in Schedule 28 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.
F30F30SCHEDULES 1—6
Schs. 1–6 repealed by Value Added Tax Act 1983 (c. 55), Sch 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
F31F31SCHEDULE 7
Sch. 7 repealed by Car Tax Act 1983 (c. 53), Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
F32F32Schedule 8
Sch. 8 repealed by Finance Act 1973 (c. 51), s. 59(7), Sch. 22 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
F33F33SCHEDULES 9—23
Schs. 9–23 repealed by Income and Corporation Taxes Act 1988 (c. 1) s. 844, Sch. 31.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
C6SCHEDULE 24 Taxation of Companies and Company Distributions: Consequential Amendments
The text of Schedule 24 is substantially in the form in which it was originally enacted: it was not reproduced in full in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Finance Act 1965
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
Provisional Collection of Taxes Act 1968 (c. 2)
3
In section 5 of the Provisional Collection of Taxes Act 1968 in subsection (1)(c) after the words “section 243(6) of the Income and Corporation Taxes Act 1970” there shall be inserted the words “or advance corporation tax could be payable or assessed by virtue of section 103(2) of the Finance Act 1972”, and in subsection (2) of that section after the word “Act)” there shall be inserted the words “and the said section 103(2) of the Finance Act 1972”.
Taxes Management Act 1970
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
5
In section 11 of the Management Act, after subsection (5) there shall be added—
6
A notice under this section may require the inclusion in the return of particulars of advance corporation tax paid by the company (and not repaid) and of any surplus advance corporation tax carried forward under section 85(4) of the Finance Act 1972.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
7
In section 31(3)(b) of the Management Act the figure “297” (inserted by the Finance Act 1971) shall be omitted and at the end there shall be inserted “or under paragraph 5 of Schedule 16 to the Finance Act 1972”.
8
. . . F37
10
For section 87 of the Management Act there shall be substituted—
87 Interest on overdue advance corporation tax and income tax on company payments.
1
Any tax assessable in accordance with Schedule 14 or 20 to the Finance Act 1972 shall carry interest at the prescribed rate from the date when the tax becomes due and payable until payment.
2
Where—
a
advance corporation tax paid in respect of distributions made in any return period is repaid under paragraph 4 of the said Schedule 14 in consequence of the receipt of franked investment income in a later return period; or
b
income tax paid in respect of payments made in any return period is repaid or discharged under paragraph 5 of the said Schedule 20 in consequence of the receipt in a later return period of a payment on which income tax is borne by deduction.
the repayment or discharge shall not affect interest under this section on the tax so repaid or discharged for such time as is specified in subsection (3) below but, subject to that, this section shall apply as if any such tax which is repaid or discharged had never become payable.
3
The time for which interest is not affected is—
a
any time before the expiration of fourteen days from the end of the later return period, unless the return for that period is made earlier in those fourteen days; and
b
if that return is made earlier in those fourteen days, any time ending before the date on which the return is made.
4
Interest shall not be payable under this section on the tax charged by any assessment unless the total amount of the interest exceeds F38£10
5
Subsection (4) above shall have effect as if all advance corporation tax due from a company in accordance with paragraph 3(1) of the said Schedule 14 for any return period, whether or not it is actually assessed, were included in a single assessment, and similarly in the case of all income tax due from a company in accordance with paragraph 4(1) of the said Schedule 20 for any return period.
6
In this section “return period” means a period for which a return is required to be made under the said Schedule 14 or 20.
7
It is hereby declared that this section applies to advance corporation tax and income tax which, in accordance with either of those Schedules, is paid without the making of any assessment (but is paid after it is due). and that where the tax is charged by an assessment (whether or not any part of it has been paid when the assessment is made) this section applies as respects interest running before as well as after the making of the assessment.
F398
Tax assessable as mentioned in subsection (1) above shall carry interest from the date when it becomes due and payable even if that date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.
11
In section 88(2) of the Management Act, for the words “Schedule 9 to the principal Act” there shall be substituted the words “Schedule 14 or 20 to the Finance Act 1972.”
12
In section 98 of the Management Act the following shall be added in the first column—
Paragraph 19 of Schedule 16 and paragraphs 2(b), 3 and 4 of Schedule 21 to the Finance Act 1972
and the following shall be added in the second column—
Schedules 14 and 20, and paragraphs 1 and 2(a) of Schedule 21, to the Finance Act 1972
13
For section 109 of the Management Act there shall be substituted—
109 Corporation tax on close company in connection with loans to participators etc.
1
The provisions of section 286 of the principal Act (charge of tax in connection with loans by close companies to participators etc.) directing that tax be assessed and recoverable as if it were an amount of corporation tax shall be taken as applying, subject to the provisions of the Taxes Act, and to any necessary modifications, all enactments applying generally to corporation tax, including those relating to the assessing, collecting and receiving of corporation tax, those conferring or regulating a right of appeal and those concerning administration, penalties, interest on unpaid tax and priority of tax in cases of insolvency under the law of any part of the United Kingdom.
2
Section 86 of this Act shall apply in relation to tax under the said section 286 as if F40the date given by the Table in subsection (4) of the said section 86 were the last day of the three months following the end of the financial year in which the loan or advance was made.
3
For the purposes of section 88 of this Act as applied by subsection (1) above, the date when tax charged under the said section 286 ought to have been paid shall be taken to be the first day of the F40financial year following that in which the loan or advance was made.
4
Section 91 of this Act shall not apply in consequence of any discharge or repayment of tax under section 286(5) of the principal Act.
5
For the purposes of the said section 91, a relief from tax under the said section 286 shall not be treated as affecting tax charged by any assessment unless the assessment is to tax under that section.
14
In Schedule 3 to the Management Act, in column 1 of rule 8 the words “288 or 289” shall be omitted and at the end there shall be inserted the words “or relating to a notice under paragraph 15 of Schedule 16 to the Finance Act 1972”.
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
F42F42SCHEDULE 25
Sch. 25 repealed by Finance Act 1975 (c. 7), s. 59(5), Sch. 13 Part II in relation to disposals after 26 March 1974. See now 1975 (c. 7), Sch. 6 para. 12.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
F43F43SCHEDULE 26
Sch. 26 repealed (with savings) by Finance Act 1975 (c. 7), ss. 49(1), 50, 52(2)(3), 59, Sch. 11 para. 2(2), Sch. 13 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
F44F44SCHEDULE 27
Sch. 27 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
C7Schedule 28 Enactments Repealed
The text below of parts of Schedule 28 reproduces the words in which it was originally enacted: it was not reproduced in full in Statutes in Force and except, as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Parts I and II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
Sch. 28 Pts. I, II, VIII and IX repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III
Part III Spirits and Mechanical Lighters
Chapter | Short Title | Extent of Repeal |
---|---|---|
12, 13 & 14 Geo. 6 c. 47. | The Finance Act 1949. | Section 8(1). |
1969 c. 32. | The Finance Act 1969. | In section 1(2), paragraph (a) and in the words following the paragraphs, the word “ 1”. |
Schedule 1. |
These repeals take effect on 8th August 1972.
PART IV Occupational Pension Schemes
Chapter | Short Title | Extent of Repeal |
---|---|---|
61 & 62 Vict. c. 44 | The Merchant Shipping (Mercantile Marine Fund) Act 1898. | Section 1A(2). |
10 Edw. 7 & 1 Geo. 5. c. 7. | The Development and Road Improvement Fund Act 1910. | Section 2(3). |
10 & 11 Geo. 6. No. 2. | The Church Commissioners Measure 1947. | Section 17(3). |
10 & 11 Eliz. 2. c. 46. | The Transport Act 1962. | In Schedule 10, in paragraph 8(1A), the words from “and also” to “1972”. |
1967 c. 10. | The Forestry Act 1967. | In Schedule 1, in paragraph 9(2)(b), the words from “and also” to “1972”. |
1969 c. 50. | The Trustee Savings Bank Act 1969. | In section 82(3), the words following paragraph (e). |
1970 c.10 | The Income and Corporation Taxes Act 1970. | In section 20(1), the words “210”. |
Section 210. | ||
1970 c.24 | The Finance Act 1970. | Section 22(3). |
In section 17(1), subsection (2) of the section set out therein. | ||
In Schedule 6, in paragraph 4 subsection (3) of the section partly set out therein; in paragraph 13, subsection (2) of the section set out therein; paragraph 22; in paragraph 41 the words from “and also” to “1972”; in paragraph 60(b) the words from “and also” to “1972”. |
These repeals take effect on 6th April 1973.
PART V Interest Relief
Chapter | Short Title | Extent of Repeal |
---|---|---|
1970 c.10 | The Income and Corporation Taxes Act 1970. | Sections 57 to 64A. |
In section 122(1), paragraph (c) and the word “and” preceding it. | ||
Section 190. | ||
Section 248(6). | ||
In section 296(2) the words “not being interest”. | ||
Section 300. | ||
Section 440. | ||
In section 455, in paragraph (a), the words “excluding all payments of interest” and, in paragraph (b), the words “subject to section 456 below”. | ||
Section 456. | ||
Section 469(6). | ||
In section 496, subsections (3) to (7). | ||
In Part III of Schedule 12, paragraph 2(1)(c) and the word “and” preceding it. | ||
In Schedule 14, in paragraph 5 the words “section 57(10) and” and paragraph 10. | ||
1970 c.24 | The Finance Act 1970. | Section 17. |
In Schedule 4, paragraph 9, except sub-paragraph (6). | ||
1971 c.68 | The Finance Act 1971. | In Schedule 6, paragraphs 23, 44, 60 and 66. |
In Schedule 8, paragraph 16(4) and, in paragraph 16(5), the words “190(1)”. |
These repeals have effect in relation to interest paid and payable on or after 6th April 1972.
PART VI Taxation of Companies and Company Distributions
Chapter | Short Title | Extent of Repeal |
---|---|---|
1965 c.25 | The Finance Act 1965. | In section 84, subsections (2)(a), (3)(b) and (4). |
1966 c.18 | The Finance Act 1966. | Sections 31 and 32. |
Schedule 9. | ||
1968 c.44 | The Finance Act 1968. | In section 32(6) the words “or a rate fluctuating in accordance with the basic rate of income tax”. |
1970 c.9 | The Taxes Management Act 1970. | In section 31(3)(b) the figure “297”. |
In section 98, in the Table, the words “section 301” and “Company tax regulations”. | ||
In Schedule 3, in paragraph 8 the words “288 or 289”. | ||
1970 c.10 | The Income and Corporation Taxes Act 1970. | In section 27(4) the words from “or under section 31” to “non-residents)”. |
Section 232(2) and (3). | ||
In section 234, in subsection (1)(b) the words “not being redeemable share capital” and in subsection (3) the words “or fluctuates only with the basic rate of income tax”. | ||
Section 236. | ||
In section 240, subsections (1) to (3), in subsection (5) the words “(not being franked investment income)” except as respects franked investment income arising before 6th April 1973, subsection (6) and in subsection (7) the words “distributions or” and the words from “and nothing” onwards. | ||
Section 240A. | ||
Section 284(1)(a) and (b). | ||
In section 286 subsection (6) and in subsection (7) the words “the grossed up equivalent of”. | ||
Sections 288 to 301. | ||
In section 302(1), the words “other than section 290 above”. | ||
Section 303(5)(b). | ||
In section 305(2) the words “income tax and”. | ||
In section 310, subsection (3) and in subsection (4) the words from the beginning to “company, and”. | ||
Section 311. | ||
In section 314, in subsection (1) the words “income tax and”, subsection (3)(b) and (c) and, in subsection (4), the words from “If an accounting period” to “accounting periods, and”, and the words “or part of an accounting period”. | ||
In section 322(3) the proviso. | ||
In section 345(2), paragraph (b) and, in paragraph (c), the words “of income tax deductions”. | ||
Section 356. | ||
Section 499. | ||
Section 517(2). | ||
521(3)(a). | ||
In section 522 the words “or share” wherever they occur and the words “In this section “share” includes stock”. | ||
In section 526(5), in the definition of “ordinary share capital” the words “or a rate fluctuating in accordance with the basic rate of income tax” and in the definition of “preference dividend” the word “gross” (three times) and the words from “but it does not include” onwards. | ||
Schedule 9. | ||
In Schedule 14, paragraph 19(1), in paragraph 23(3), the words from the beginning to “256 of this Act, and”, and paragraph 23(4) except for years of assessment before the year 1973-74. | ||
1970 c.24. | The Finance Act 1970. | In Schedule 4, paragraphs 1 to 5. |
In Schedule 8, in Part VI, the entries relating to section 240(6) of, and Schedule 9 to, the Income and Corporation Taxes Act 1970. | ||
1971 c.68. | The Finance Act 1971. | Section 25(1), (2), (3), and (4)(a). |
In Schedule 6, paragraphs 27 to 29, 31(a), 33 to 38, 77, 84(a), 85(b) and 92. |
NOTES:
1. Subject to the following paragraphs, these repeals take effect on 6th April 1973 and do not affect the operation of any enactment in relation to any previous time.
2. The repeal of section 84(4) of the Finance Act 1965 has effect in relation to the year 1972-73 and subsequent years of assessment.
3. The repeals in the Finance Act 1968, in sections 234(3) and 526(5) of the Income and Corporation Taxes Act 1970 and of paragraphs 28, 77 and 92 of Schedule 6 to the Finance Act 1971 do not apply in relation to dividends payable before 6th April 1973.
4. The repeal of sections 289 to 301 of the said Act of 1970, the repeal in section 302(1) of that Act and the repeal of section 25(1), (2), (3) and (4)(a) of, and paragraphs 34 to 37 and 84(a) and 85(b) of Schedule 6 to, the Finance Act 1971 have effect in relation to accounting periods ending after 5th April 1973; and the repeal of the said section 289 has effect subject to paragraph 19 of Schedule 23 to this Act.
5. The repeal of section 356 of the said Act of 1970 takes effect on 1st April 1972, and the repeal of that section and of section 311 of that Act have effect subject to section 93(7) of this Act.
6. The repeal of the proviso to section 322(3) of the said Act of 1970 takes effect of 1st April 1974 and does not affect disposals before that date.
7. the repeal of section 499 of the said Act of 1970 takes effect on 1st April 1973.
Part VIIEstate Duty
Chapter | Short Title | Extent of Repeal |
---|---|---|
21 & 22 Geo. 5. c. 28. | The Finance Act 1931. | In section 40, subsections (1)(a) and (2). |
1 Edw. 8 and 1 Geo. 6. c. 54. | The Finance Act 1937. | Section 31. |
12, 13 & 14 Geo. 6. c. 47. | The Finance Act 1949. | Section 31. |
14 & 15 Geo. 6. c. 43. | The Finance Act 1951. | Section 33(1). |
The repeal of these enactments has effect in relation to deaths occuring after 21st March 1972 and does not extend to them as applied by section 33(2) of the Finance Act 1951.
Parts VIII and IX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
Sch. 28 Pts. I, II, VIII and IX repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III
PART X Unit Trusts, Investment Trusts and Funds in Court
Chapter | Short Title | Extent of Repeal |
---|---|---|
1965 c. 25. | The Finance Act 1965. | Section 37(1). |
In section 38(2), the words from “and section 37” onwards. | ||
Section 94(2). | ||
1970 c.10. | The Income and Corporation Taxes Act 1970. | Section 357. |
These repeals do not effect disposals before 6th April 1972.
Part XI Stamp Duty Repeals
Chapter | Short Title | Extent of Repeal |
---|---|---|
55 Geo. 3. c. 184. | The Stamp Act 1815. | Sections 24, 27, and 28. |
In the Schedule, Part I so far as unrepealed. | ||
7 & 8 Vict. c. 32. | The Bank Charter Act 1844. | Section 7. |
16 & 17 Vict. c. 63. | The Bankers’ Composition (Scotland) Act 1853. | Section 7. |
17 & 18 Vict. c. 83. | The Stamp Act 1854 | Section 12. |
54 & 55 Vict. c. 39. | The Stamp Act 1891. | Sections 29, 30 and 31. |
In Schedule 1 the heading “BAK NOTE”. | ||
18 & 19 Geo. 5. c. 13. | The Currency and Bank Notes Act 1928. | Section 6(4). |
1963 c. 25. | The Finance Act 1963. | In section 56(1) the words “and in paragraph (2)(a)” onwards. |
1967 c. 54. | The Finance Act 1967. | Section 27(1). |
1970 c. 24. | The Finance Act 1970. | In Schedule 7 paragraphs 5 and 18. |
These repeals take effect on 25th June 1972 except that the repeals in the Finance Act 1963 and the Finance Act 1967 take effect on 1st August 1972 and do not affect instruments executed before that date.
PART XII Miscellaneous Repeals
Chapter | Short Title | Extent of Repeal |
---|---|---|
1964 c. 49. | The Finance Act 1964. | Section 1(4). |
1965 c. 25. | The Finance Act 1965. | In Schedule 6, in paragraph 14, sub-paragraphs (2) to (4). |
In schedule 7, paragraph (a) of the proviso to paragraph 17(3). | ||
In schedule 8, paragraph 5(3). | ||
1970 c.10. | The Income and Corporation Taxes Act 1970. | In section 83(1), in paragraph (a) the words “(except subsection (6))”, in paragraph (b) the words “the said subsection (6) or”, and in the words following the paragraphs and in the proviso the words from “where no claim” to “section 80(6)”. |
In section 84(1), paragraph (a). | ||
In section 85(2), the words “(except subsection (6))”. | ||
In section 134(1), in paragraph (a), the words “(except subsection (6))” and, in paragraph (b), the words “the said section 80(6) or”. | ||
Section 142(3). | ||
1971 c.68. | The Finance Act 1971. | In section 7, the words from “fitted with controls” to “or a vehicle;” and paragraphs (a) and (b). |
In section 42, in subsection (1), the words from “Except” to “below”; and subsections (2) to (6). | ||
In Schedule 8, in paragraph 3(1) the words “which has been in use for the purposes of a trade carried on by the seller”, in paragraph 3(3) the words “which has been in use for the purposes of his trade”, and, in paragraph 4, sub-paragraph (1)(b) and sub-paragraph 2(b) together with the word “and” preceding it. | ||
In Schedule 11, paragraph 5. | ||
1972 c. 25. | The Betting and Gaming Duties Act 1972. | In Schedule 2, in paragraph 18(1), the words “but before 1st April 1973”. |
NOTES:
1. the repeal of section 1(4) of the Finance Act 1964 takes effect on 8th August 1972.
2. The repeals in sections 134 and 142 of the Taxes Act do not affect the operation of those sections in relation to claims that were or could have been made under section 80(6) of that Act as originally enacted.
3. The repeal in section 42 of the Finance Act 1971 has effect in relation to expenditure incurred after 21 March 1972 and the repeals in Schedule 8 to that Act have effect in accordance with section 68(9) of this Act.
Act partly in force at Royal Assent, partly retrospective, partly prospective, see individual sections. All provisions so far as unrepealed wholly in force at 1.2.1991