Search Legislation

Finance Act 1988

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: SCHEDULE 13

 Help about opening options

Version Superseded: 06/03/1992

Status:

Point in time view as at 01/02/1991.

Changes to legislation:

Finance Act 1988, SCHEDULE 13 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Section 146.

SCHEDULE 13U.K. Post-Consolidation Amendments

Part IU.K. Amendments of the Taxes Act 1988

1U.K.The Taxes Act 1988 shall have effect, and shall be deemed always to have had effect, subject to the amendments specified in paragraphs 2 to 14 of this Schedule.

2U.K.In section 61(4) after the word “where” there shall be inserted the words “ there is a change in the persons engaged in carrying on a trade, profession or vocation in partnership and ”.

3U.K.In section 162(1) after the word “Where” there shall be inserted the words “ after 6th April 1976 ”.

4In section 178(1)(a) after the word “with” there shall be inserted the words “its terms or in accordance with”.

5U.K.In section 533(4) after “1949” there shall be inserted the words “ , sections 55 to 59 of the Patents Act 1977 ”.

6U.K.In section 591(5) and (6) after the word “made” there shall be inserted the words “ by the Board ”.

7U.K.In section 824—

(a)in subsection (1) the following paragraphs shall be substituted for paragraphs (a) and (b)—

(a)in the case of income tax or surtax paid by or on behalf of an individual for a year of assessment for which he was resident in the United Kingdom, a repayment of the tax of not less than £25 is made by the Board or an inspector after the end of the 12 months following that year of assessment; or

(b)in the case of the special charge under Part IV of the Finance Act 1968, a repayment of the charge of not less than £25 is made by the Board or an inspector,

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (2) for the words “Subsection (1)” there shall be substituted the words “ Subsections (1) and (1A) ” and for the words “it applies to a repayment falling within that subsection” there shall be substituted the words “ they apply to a repayment falling within subsection (1) ”,

(d)the following subsection shall be inserted after that subsection—

(2A)Subsection (1) above shall apply to a repayment made in consequence of a claim under section 228 of the Income Tax Act 1952 (relief in respect of income accumulated under trusts) as if the repayment were of income tax paid by the claimant for the year of assessment in which the contingency mentioned in that section happened.

(e)in subsection (3) the following paragraph shall be inserted after paragraph (a)—

(aa)if the repayment is of the special charge, the relevant time, as regards so much of the charge as was paid before the end of the year 1969-70, is the end of that year, and, as regards so much of the charge as was paid in any later year of assessment, is the end of the year of assessment in which it was paid;

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9U.K.In paragraph 2 of Schedule 10 after sub-paragraph (c) there shall be inserted the word “ or ”.

10U.K.In paragraph 17(2)(a) of Schedule 15 after the words “but the old policy was” there shall be inserted the word “ not ”.

11U.K.In paragraph 18(2) of that Schedule for “1 to 9” there shall be substituted “ 1, 2, 3(5) to (11), 4 to 9 ”.

12U.K.In paragraph 4(3)(b) of Schedule 27 for “416” there shall be substituted “ 75 ”.

13U.K.In paragraph 8 of Schedule 29 for the words “added after paragraph (f)” there shall be substituted the words “ substituted for paragraph (g) ”.

14U.K.In the Table in paragraph 32 of that Schedule the amendments of —

(a)section 55(1)(g) of the M1Taxes Management Act 1970,

(b)section 108(9)(b) of the M2Finance Act 1980, and

(c)section 80(5)(b) of the M3Finance Act 1985,

shall be omitted.

Marginal Citations

15U.K.The repeals made in section 47 of the Finance (No. 2) Act 1975 shall be treated as never having had effect.

Part IIU.K. Amendments of Other Enactments

The Capital Gains Tax Act 1979 (c.14)U.K.

16In section 34(4)(a) of the Capital Gains Tax Act 1979 for the words “section 79(1) of the Taxes Act” there shall be substituted the words “section 33(1) of the Taxes Act 1988”.

17In section 149B(1)(c) of that Act for “614(4)” there shall be substituted “614(2)”.

18In section 155(2) of that Act for “282(1) and (2)” there shall be substituted “282”.

The Finance Act 1980 (c.48)U.K.

19U.K.In section 101 of the Finance Act 1980 for the words “60 above” there shall be substituted the words “468(5) of the Taxes Act 1988”.

20U.K.In section 109(8)(b) of that Act for the words “Part II of that Act” there shall be substituted the words “ Chapter V of Part XII of the Taxes Act 1988 ”.

The Finance Act 1981 (c.35)U.K.

21In section 110 of the Finance Act 1981 for the words “21(1) of the M4Finance Act 1970” there shall be substituted the words “592(1) of the Taxes Act”.

Marginal Citations

The Finance Act 1984 (c.43)U.K.

22U.K.In section 80(5)(b) of the Finance Act 1984 for the words “13 of the M5Oil Taxation Act 1975” there shall be substituted the words “ 492 of the Taxes Act 1988 ”.

Marginal Citations

The Finance Act 1986 (c.41)U.K.

F323U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 13 para. 23 repealed by Finance Act 1990 (c. 29, SIF 114), ss. 110, 132, Sch. 19 Pt. VII and Sch. 13 para. 23 expressed to be repealed (19.3.1997 with effect in accordance with s. 104 of the repealing Act) by 1997 c. 16, s. 113, Sch. 18 Pt. VII, note 10

The Finance Act 1987 (c.16)U.K.

24U.K.The repeals made by the Finance Act 1987 in section 47 of the M6Finance (No. 2) Act 1975 shall be treated as never having had effect.

Marginal Citations

CommencementU.K.

25U.K.The amendments made by paragraphs 16 to 23 of this Schedule shall be treated for the purposes of their commencement as if they had been made by the Taxes Act 1988.

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?