Chapter IU.K. General
Tax rates and personal reliefsU.K.
23 Charge and basic rate of income tax for 1988-89.U.K.
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24 Higher and additional rates of income tax.U.K.
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25 Personal reliefs.U.K.
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26 Charge and rate of corporation tax for financial year 1988.U.K.
Corporation tax shall be charged for the financial year 1988 at the rate of 35 per cent.
27 Corporation tax: small companies.U.K.
(1)For the financial year 1988 the small companies rate shall be 25 per cent.
(2)For the financial year 1988 the fraction mentioned in section 13(2) of the Taxes Act 1988, and in section 95(2) of the Finance Act 1972, (marginal relief for small companies) shall be one fortieth.
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
29 Life assurance premium relief.U.K.
(1)In sections 266(5)(a) and 274(3)(a) of the Taxes Act 1988, and in paragraph 3(3)(a) of Schedule 14 to that Act, (rate of relief on premiums on life policies etc.) for the words “15 per cent.” wherever they occur there shall be substituted the words “ 12.5 per cent. ”.
(2)This section shall have effect on and after 6th April 1989.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
31 Non-residents’ personal reliefs.U.K.
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Married couplesU.K.
32 Abolition of aggregation of income.U.K.
Section 279 of the Taxes Act 1988 (which treats the income of a woman living with her husband as his income for income tax purposes) shall not have effect for the year 1990-91 or any subsequent year of assessment.
33 Personal allowance and married couple’s allowance.U.K.
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34 Jointly held property.U.K.
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35 Minor and consequential provisions.U.K.
Schedule 3 to this Act (which makes provision consequential on sections 32 and 33 above and other minor amendments relating to the treatment for income tax purposes of husbands, wives, widowers and widows) shall have effect.
Annual paymentsU.K.
36 Annual payments.U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Modifications etc. (not altering text)
37 Maintenance payments under existing obligations:U.K.
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38 Maintenance payments under existing obligations:U.K.
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39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
40 Provisions supplementary to sections 37 to 39.U.K.
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Relief for interestU.K.
41 Qualifying maximum for loans.U.K.
For the year 1988-89 the qualifying maximum defined in section 367(5) of the Taxes Act 1988 (limit on relief for interest on certain loans) shall be £30,000.
42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Benefits in kindU.K.
45 Car benefits.U.K.
(1)In Schedule 6 to the Taxes Act 1988 (taxation of directors and others in respect of cars) for Part I (tables of flat rate cash equivalents) there shall be substituted—
“Part IU.K.
Tables of Flat Rate Cash Equivalents
Table A
Cars with an original market value up to £19,250 and having a cylinder capacity
Cylinder capacity of car in cubic centimetres | Age of car at end of relevant year of assessment |
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| Under 4 years | 4 years or more |
1400 or less | £1,050 | £700 |
More than 1400 but not more than 2000 | £1,400 | £940 |
More than 2000 | £2,200 | £1,450 |
Table B
Cars with an original market value up to £19,250 and not having a cylinder capacity
Original market value of car | Age of car at end of relevant year of assessment |
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| Under 4 years | 4 years or more |
Less than £6,000 | £1,050 | £700 |
£6,000 or more but less than £8,500 | £1,400 | £940 |
£8,500 or more but not more than £19,250 | £2,200 | £1,450 |
Table C
Cars with an original market value of more than £19,250
Original market value of car | Age of car at end of relevant year of assessment |
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| Under 4 years | 4 years or more |
More than £19,250 but not more than £29,000 | £2,900 | £1,940 |
More than £29,000 | £4,600 | £3,060” |
(2)This section shall have effect for the year 1988-89 and subsequent years of assessment.
46 Car parking facilities.U.K.
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47 Entertainment: non-cash vouchers.U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In subsection (1) of section 36 of the Finance (No. 2) Act 1975 (vouchers other than cash vouchers), for the words “Subject to subsection (2) below” there shall be substituted the words “ Subject to the provisions of this section ”.
(3)The provision set out in subsection (1) above shall be inserted after subsection (3A) of that section as subsection (3B) with the substitution—
(a)for the reference to section 839 of the Taxes Act 1988 of a reference to section 533 of the Taxes Act 1970; and
(b)for any reference to a non-cash voucher of a reference to a voucher.
(4)The amendment made by subsection (1) above shall have effect for the year 1988-89 and subsequent years of assessment; and the amendments made by subsections (2) and (3) above shall have effect for the year 1987-88.
Textual Amendments
Marginal Citations
48 Entertainment: credit-tokens.U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The provision set out in subsection (1) above shall be inserted after subsection (3) of section 36A of the Finance (No. 2) Act 1975 (credit-tokens) as subsection (3A) with the substitution for the reference to section 839 of the Taxes Act 1988 of a reference to section 533 of the Taxes Act 1970.
(3)The amendment made by subsection (1) above shall have effect for the year 1988-89 and subsequent years of assessment; and the amendment made by subsection (2) above shall have effect for the year 1987-88.
Textual Amendments
Marginal Citations
49 Entertainment of directors and higher-paid employees.U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The provision set out in subsection (1) above shall be added at the end of section 62 of the Finance Act 1976 as subsection (9) with the substitution—
(a)for the reference to section 154 of the Taxes Act 1988 of a reference to section 61 of the 1976 Act; and
(b)for the reference to section 839 of the Taxes Act 1988 of a reference to section 533 of the Taxes Act 1970.
(3)The amendment made by subsection (1) above shall have effect for the year 1988-89 and subsequent years of assessment; and the amendment made by subsection (2) above shall have effect for the year 1987-88.
Textual Amendments
Marginal Citations
Business expansion schemeU.K.
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
51 Restriction of relief.U.K.
(1)The Taxes Act 1988 shall have effect, and be deemed always to have had effect, with the following amendments, namely—
(a)in section 289(12)(b), the substitution of the words “sections 290A, 293” for the words “ sections 293 ”; and
(b)the insertion after section 290 of the following section—
“290A Restriction of relief where amounts raised exceed permitted maximum.
(1)Where—
(a)a company raises any amount through the issue of eligible shares after 15th March 1988; and
(b)the aggregate of that amount and of all other amounts (if any) so raised within the period mentioned in subsection (2) below exceeds £500,000,
the relief shall not be given in respect of the excess.
(2)The period referred to in subsection (1) above is—
(a)the period of 6 months ending with the date of the issue of the shares; or
(b)the period beginning with the preceding 6th April and ending with the date of that issue,
whichever is the longer.
(3)In determining the aggregate mentioned in subsection (1) above, no account shall be taken of any amount—
(a)which is subscribed by a person other than an individual who qualifies for relief; or
(b)as respects which relief is precluded by section 290 or this section.
(4)Where—
(a)at any time within the relevant period, the company in question or any of its subsidiaries carries on any trade or part of a trade in partnership, or as a party to a joint venture, with one or more other persons; and
(b)that other person, or at least one of those other persons, is a company,
the reference to £500,000 in subsection (1) above shall have effect as if it were a reference to—
where A is the total number of companies (apart from the company in question or any of its subsidiaries) which, during the relevant period, are members of any such partnership or parties to any such joint venture.
(5)Where this section precludes the giving of relief on claims in respect of shares issued to two or more individuals, the available relief shall be divided between them in proportion to the amounts which have been respectively subscribed by them for the shares to which their claims relate and which would, apart from this section, be eligible for relief.
(6)Where—
(a)in the case of a company falling within subsection (2)(a) of section 293, the qualifying trade or each of the qualifying trades is a trade to which subsection (7) below applies;
(b)in the case of a company falling within subsection (2)(b)(i) of that section, the subsidiary or each of the subsidiaries is a dormant subsidiary or exists wholly, or substantially wholly, for the purpose of carrying on one or more qualifying trades which or each of which is a trade to which subsection (7) below applies; or
(c)in the case of a company falling within subsection (2)(b)(ii) of that section, the requirements mentioned in each of paragraphs (a) and (b) above are satisfied,
subsections (1) and (4) above shall have effect as if for the amount there specified there were substituted £5 million.
(7)This subsection applies to a trade if it consists, wholly or substantially wholly, of operating or letting ships, other than oil rigs or pleasure craft, and—
(a)every ship operated or let by the company carrying on the trade is beneficially owned by the company;
(b)every ship beneficially owned by the company is registered in the United Kingdom;
(c)throughout the relevant period the company is solely responsible for arranging the marketing of the services of its ships; and
(d)the conditions mentioned in section 297(7) are satisfied in relation to every letting by the company.
(8)Where—
(a)any of the requirements mentioned in paragraphs (a) to (c) of subsection (7) above are not satisfied in relation to any ships; or
(b)any of the conditions referred to in paragraph (d) of that subsection are not satisfied in relation to any lettings,
the trade shall not thereby be precluded from being a trade to which that subsection applies if the operation or letting of those ships, or, as the case may be, those lettings do not amount to a substantial part of the trade.
(9)The Treasury may by order amend any of the foregoing provisions of this section by substituting a different amount for the amount for the time being specified there.
(10)Where—
(a)the issue of the eligible shares is made in pursuance of a prospectus published, or an offer in writing made, before 15th March 1988;
(b)the shares are issued after that date and before 6th April 1988; and
(c)subsection (6) above does not apply,
subsections (1) and (4) above shall have effect as if for the amount there specified there were substituted £1 million.
(11)In this section—
“let” means let on charter and “letting” shall be construed accordingly;
“oil rig” and “pleasure craft” have the same meanings as in section 297;
“prospectus” has the meaning given by section 744 of the Companies Act 1985 or Article 2(3) of the Companies (Northern Ireland) Order 1986.”
(2)Schedule 5 to the Finance Act 1983 shall be deemed always to have had effect as if—
(a)in paragraph 2(7), for the words “paragraphs 5” there had been substituted the words “ paragraphs 3A, 5 ”; and
(b)the provisions set out in subsection (1)(b) above had been inserted, with any necessary modifications, after paragraph 3 as paragraph 3A.
52 Valuation of interests in land.U.K.
(1)In section 294 of the Taxes Act 1988 (companies with interests in land), after subsection (5) there shall be inserted—
“(5A)For the purposes of this section, the value of an interest in any building or other land shall be adjusted by deducting the market value of any machinery or plant which is so installed or otherwise fixed in or to the building or other land as to become, in law, part of it.”
(2)This section shall have effect in relation to valuations which fall to be made after the passing of this Act.
53 Approved investment funds.U.K.
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Pensions etc.U.K.
54 Personal pension schemes: commencement.U.K.
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55 Personal pension schemes: other amendments.U.K.
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56 Occupational pension schemes.U.K.
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57 Lump sum benefits paid otherwise than on retirement.U.K.
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UnderwritersU.K.
58 Assessment and collection.U.K.
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59 Reinsurance: general.U.K.
(1)In subsection (4) of section 450 of the Taxes Act 1988 (underwriters), for paragraph (b) there shall be substituted—
“(b)any insurance money payable to him under that insurance in respect of a loss shall be taken into account as a trading receipt in computing those profits or gains for the year of assessment which corresponds to the underwriting year in which the loss arose;”
(2)The amendment set out in subsection (1) above shall also be made in paragraph 4 of Schedule 16 to the Finance Act 1973 (underwriters).
(3)Subsection (1) above shall have effect for the year 1988-89 and subsequent years of assessment; and subsection (2) above shall have effect for the years 1985-86, 1986-87 and 1987-88.
60 Reinsurance to close.U.K.
(1)For subsection (5) of section 450 of the Taxes Act 1988 (underwriters) there shall be substituted—
“(5)Subsection (5A) below applies where—
(a)in accordance with the rules or practice of Lloyd’s and in consideration of the payment of a premium, one member agrees with another to meet liabilities arising from the latter’s business for an underwriting year so that the accounts of the business for that year may be closed; and
(b)the member by whom the premium is payable is a continuing member, that is, a member not only of the syndicate as a member of which he is liable to pay the premium (“the reinsured syndicate”) but also of the syndicate as a member of which the other member is entitled to receive it (“the reinsurer syndicate”).
(5A)In any case where this subsection applies—
(a)in computing for the purposes of income tax the profits or gains of the continuing member’s business as a member of the reinsured syndicate, the amount of the premium shall be deductible as an expense of his only to the extent that it is shown not to exceed a fair and reasonable assessment of the value of the liabilities in respect of which it is payable; and
(b)in computing for those purposes the profits or gains of his business as a member of the reinsurer syndicate, those profits or gains shall be reduced by an amount equal to any part of a premium which, by virtue of paragraph (a) above, is not deductible as an expense of his as a member of the reinsured syndicate;
and the assessment referred to above shall be taken to be fair and reasonable only if it is arrived at with a view to producing the result that a profit does not accrue to the member to whom the premium is payable but that he does not suffer a loss.”
(2)The provisions set out in subsection (1) above, but renumbered as subsections (1) and (2) and with the substitution, in the provision renumbered as subsection (1), of the words “subsection (2)” for the words “subsection (5A)”, shall also be substituted for subsections (1) to (4) of section 70 of the Finance (No. 2) Act 1987 (underwriters); and in subsection (5) of that section, for the word “underwriter” there shall be substituted the word “ member ”.
(3)In this section—
(a)subsection (1) shall have effect in relation to premiums payable in connection with the closing of accounts of a member’s business for an underwriting year ending in the year 1988-89 or any subsequent year of assessment; and
(b)subsection (2) shall have effect in relation to premiums payable in connection with the closing of accounts of a member’s business for an underwriting year ending in the year 1985-86, 1986-87 or 1987-88.
61 Minor and consequential amendments.U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In Schedule 10 to the Taxes Act 1970, in paragraph 7(3), for the words “Case I of Schedule D” there shall be substituted the words “ in accordance with Schedule 16 to Finance Act 1973 ” and the words “the investments forming part of the premiums trust fund of the underwriter” shall cease to have effect.
(3)In section 87 of the Finance Act 1972, at the beginning of subsection (3) there shall be inserted the words “ Except as provided by Schedule 16 to Finance Act 1973 (underwriters) ”.
(4)In Schedule 16 to the Finance Act 1973—
(a)in sub-paragraph (1) of paragraph 17, for paragraph (a) there shall be substituted—
“(a)for the assessment and collection of tax charged in accordance with the preceding provisions of this Schedule (so far as not provided for by Schedule 16A to this Act);
(aa)for making, in the event of any changes in the rules or practice of Lloyd’s, such amendments of that Schedule as appear to the Board to be expedient having regard to those changes;”
(b)after that sub-paragraph, there shall be inserted—
“(1A)Regulations under this paragraph may make provision with respect to the year of assessment next but one preceding the year of assessment in which they are made.”
(5)... subsections (2) to (4) above shall have effect for the years 1986-87 and 1987-88.
Textual Amendments
Marginal Citations
Oil licencesU.K.
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
MiscellaneousU.K.
65 Commercial woodlands.U.K.
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66 Company residence.U.K.
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[66A]Residence of SE or SCEU.K.
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67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
68 Priority share allocations for employees etc.U.K.
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69 Share options: loans.U.K.
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70 Charities: payroll deduction scheme.U.K.
(1)In section 202(7) of the Taxes Act 1988 (which limits to £120 the deductions attracting relief) for “ £120” there shall be substituted “ £240 ”.
(2)This section shall have effect for the year 1988-89 and subsequent years of assessment.
71 Unit trusts: relief on certain payments.U.K.
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72 Entertainment of overseas customers.U.K.
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73 Consideration for certain restrictive undertakings.U.K.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
75 Premiums for leases etc.U.K.
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76