F1SCHEDULE A1 Application of taper relief
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SCHEDULE 1 Application of exempt amount F2and reporting limits in cases involving settled property
F3A1
(1)
In determining the exempt amount available to the trustees of a settlement in relation to a year of assessment—
(a)
a principal settlement and its sub-fund settlements shall be treated, for the purposes of paragraphs 1 and 2 below, as if no sub-fund elections had been made, and
(b)
paragraph 3 below shall apply for the purposes of determining the exempt amount available to each member of the class consisting of a principal settlement and its sub-fund settlements.
(2)
The reference in sub-paragraph (1) above to a principal settlement and its sub-fund settlements means a principal settlement in respect of which one or more sub-fund elections are treated as having taken effect.
1
(1)
For any year of assessment during the whole or part of which settled property is held on trusts which secure that, during the lifetime of a F4disabled person—
F5(a)
if any of the property is applied for the benefit of a beneficiary, it is applied for the disabled person's benefit, and
(b)
either—
(i)
the disabled person is entitled to all of the income (if there is any) arising from any of the property, or
(ii)
if any such income is applied for the benefit of a beneficiary, it is applied for the disabled person's benefit,
F8(1A)
The trusts on which settled property is held are not to be treated as falling outside sub-paragraph (1) by reason only of—
(a)
the trustees' having powers that enable them to apply in any tax year otherwise than for the benefit of the disabled person amounts (whether consisting of income or capital, or both) not exceeding the annual limit,
(b)
the trustees' having the powers conferred by section 32 of the Trustee Act 1925 (powers of advancement),
(c)
the trustees' having those powers but free from, or subject to a less restrictive limitation than, the limitation imposed by proviso (a) of subsection (1) of that section,
(d)
the trustees' having the powers conferred by section 33 of the Trustee Act (Northern Ireland) 1958 (corresponding provision for Northern Ireland),
(e)
the trustees' having those powers but free from, or subject to a less restrictive limitation than, the limitation imposed by subsection (1)(a) of that section, or
(f)
the trustees' having powers to the like effect as the powers mentioned in any of paragraphs (b) to (e).
(1B)
For the purposes of this paragraph, the “annual limit” for a tax year is whichever is the lower of the following amounts—
(a)
£3,000, and
(b)
3% of the amount that is the maximum value of the settled property during the tax year in question.
(1C)
The Treasury may by order—
(a)
specify circumstances in which sub-paragraph (1A)(a) is, or is not, to apply in relation to a trust, and
(b)
amend the definition of “the annual limit” in sub-paragraph (1B).
(1D)
An order under sub-paragraph (1C) may—
(a)
make different provision for different cases, and
(b)
contain transitional and saving provision.
(1E)
A statutory instrument containing an order under sub-paragraph (1C) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
(2)
F9The reference in sub-paragraph (1) to the lifetime of a person shall, where the income from the settled property is held for his benefit on trusts of the kind described in section 33 of the M1Trustee Act 1925 (protective trusts), be construed as a reference to the period during which the income is held on trust for him.
F10(2A)
As they apply by virtue of sub-paragraph (1) above—
(a)
section 3(5A) has effect with the omission of paragraph (b), and
(b)
section 3(5B) has effect with the omission of the words “or (b)”.
(3)
In relation to a settlement which is one of 2 or more qualifying settlements comprised in a group, this paragraph shall have effect as if for the references in F11sections 3 and 3A(1)(a) to the exempt amount for the year F12(except the one in section 3(2)) there were substituted references to one-tenth of that exempt amount or, if it is more, to such amount as results from dividing the exempt amount for the year by the number of settlements in the group.
(4)
For the purposes of sub-paragraph (3) above—
(a)
a qualifying settlement is any settlement (other than an excluded settlement) which is made on or after 10th March 1981 and to the trustees of which this paragraph applies for the year of assessment; and
(b)
all qualifying settlements in relation to which the same person is the settlor constitute a group.
(5)
If, in consequence of 2 or more persons being settlors in relation to it, a settlement is comprised in 2 or more groups comprising different numbers of settlements, sub-paragraph (3) above shall apply to it as if the number by which the exempt amount for the year is to be divided were the number of settlements in the largest group.
F13(5A)
In its application to the trustees of a settlement, section 3A(1) has effect with the substitution for the reference to section 8 of the Management Act of a reference to section 8A of that Act.
(6)
In this paragraph—
F14“disabled person” has the meaning given by Schedule 1A to the Finance Act 2005; and
F15“excluded settlement” has the same meaning as in paragraph 2 below.
F16(7)
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2
(1)
For any year of assessment during the whole or part of which any property is settled property, not being a year of assessment for which paragraph 1(1) above applies, F17sections 3(1) to (5C) and 3A shall apply to the trustees of a settlement as they apply to an individual but with the following modifications.
(2)
F20(2A)
As they apply by virtue of sub-paragraph (1) above—
(a)
section 3(5A) has effect with the omission of paragraph (b), and
(b)
section 3(5B) has effect with the omission of the words “or (b)”.
F21(3)
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(4)
In relation to a settlement which is one of 2 or more qualifying settlements comprised in a group, sub-paragraph (2) above shall have effect as if for the reference to one-half of the exempt amount for the year there were substituted a reference to one-tenth of that exempt amount or, if it is more, to such amount as results from dividing one-half of the exempt amount for the year by the number of settlements in the group.
(5)
For the purposes of sub-paragraph (4) above—
(a)
a qualifying settlement is any settlement (other than an excluded settlement) which is made after 6th June 1978 and to the trustees of which this paragraph applies for the year of assessment; and
(b)
all qualifying settlements in relation to which the same person is the settlor constitute a group.
(6)
If, in consequence of 2 or more persons being settlors in relation to it, a settlement is comprised in 2 or more groups comprising different numbers of settlements, sub-paragraph (4) above shall apply to it as if the number by which one-half of the exempt amount for the year is to be divided were the number of settlements in the largest group.
F22(6A)
In its application to the trustees of a settlement, section 3A(1) has effect with the substitution for the reference to section 8 of the Management Act of a reference to section 8A of that Act.
(7)
In this paragraph F23... “excluded settlement” means—
(a)
(b)
any settlement the property comprised in which—
(i)
is held for charitable purposes only and cannot become applicable for other purposes; or
(ii)
is held for the purposes of F26a registered pension scheme, a superannuation fund to which section 615(3) of the Taxes Act applies or an occupational pension scheme (within the meaning of section 150(5) of the Finance Act 2004) that is not a registered pension scheme.
F27(8)
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F28(9)
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F293
(1)
The exempt amount available in relation to a year of assessment to the trustees of each settlement in the class consisting of a principal settlement and its sub-fund settlements shall be the exempt amount available to the trustees of the principal settlement in relation to the year, determined in accordance with paragraph 1 or 2 above as if no sub-fund elections had been made.
(2)
But if there are two or more non-excluded settlements in the class consisting of a principal settlement and its sub-fund settlements, the exempt amount available to the trustees of each settlement in the class in relation to the year shall be the amount specified in sub-paragraph (1) above divided by the number of non-excluded settlements in the class.
(3)
In this paragraph—
“excluded settlement” has the meaning given by paragraph 2(7) above, and
references to a settlement having sub-fund settlements, and similar expressions, are references to a settlement being the principal settlement in respect of which one or more sub-fund elections are treated as having taken effect.
SCHEDULE 2 Assets held on 6th April 1965
Part I Quoted securities
Deemed acquisition at 6th April 1965 value
1
(1)
This paragraph applies—
(a)
to shares and securities which on 6th April 1965 had quoted market values on a recognised stock exchange, or which had such quoted market values at any time in the period of 6 years ending on 6th April 1965, and
(b)
to rights of unit holders in any unit trust scheme the prices of which are published regularly by the managers of the scheme.
(2)
For the purposes of this Act it shall be assumed, wherever relevant, that any assets to which this paragraph applies were sold by the owner, and immediately reacquired by him, at their market value on 6th April 1965.
F30(3)
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Restriction of gain or loss by reference to actual cost
2
(1)
Subject to paragraph 4 below and section 109(4), paragraph 1(2) above shall not apply in relation to a disposal of assets—
(a)
if on the assumption in paragraph 1(2) a gain would accrue on that disposal to the person making the disposal and either a smaller gain or a loss would so accrue if paragraph 1(2) did not apply, or
(b)
if on the assumption in paragraph 1(2) a loss would so accrue and either a smaller loss or a gain would accrue if paragraph 1(2) did not apply,
and accordingly the amount of the gain or loss accruing on the disposal shall be computed without regard to the preceding provisions of this Schedule except that in a case where this sub-paragraph would otherwise substitute a loss for a gain or a gain for a loss it shall be assumed, in relation to the disposal, that the relevant assets were sold by the owner, and immediately reacquired by him, for a consideration such that, on the disposal, neither a gain nor a loss accrued to the person making the disposal.
(2)
For the purpose of—
(a)
identifying shares or securities held on 6th April 1965 with shares or securities previously acquired, and
(b)
identifying the shares or securities held on that date with shares or securities subsequently disposed of, and distinguishing them from shares or securities acquired subsequently,
so far as that identification is needed for the purposes of sub-paragraph (1) above, and so far as the shares or securities are of the same class, shares or securities acquired at a later time shall be deemed to be disposed of before shares or securities acquired at an earlier time.
(3)
Sub-paragraph (2) above has effect subject to section 105.
3
(1)
Where—
(a)
a disposal was made out of quoted securities before 20th March 1968, and
(b)
by virtue of paragraph 2 of Schedule 7 to the M2Finance Act 1965 some of the quoted securities out of which the disposal was made were acquired before 6th April 1965 and some later,
then in computing the gain accruing on any disposal of quoted securities the question of what remained undisposed of on the earlier disposal shall be decided on the footing that paragraph 2 of that Schedule did not apply as respects that earlier disposal.
(2)
The rules of identification in paragraph 2(2) above shall apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
Election for pooling
4
(1)
This paragraph applies in relation to quoted securities as respects which an election under paragraphs 4 to 7 of Schedule 5 to the 1979 Act had not been made before the operative date, within the meaning of Part II of Schedule 13 to the M3Finance Act 1982, (so that they do not constitute a 1982 holding within the meaning of section 109), but does not apply in relation to relevant securities within the meaning of section 108.
(2)
If a person so elects, quoted securities covered by the election shall be excluded from paragraph 2 above, so that paragraph 1(2) above is not excluded by that paragraph as respects those securities, and sub-paragraphs (3) to (7) (which re-enact section 65 of the 1979 Act) apply.
(3)
Subject to section 105, any number of quoted securities of the same class held by one person in one capacity shall for the purposes of this Act be regarded as indistinguishable parts of a single asset (in this paragraph referred to as a holding) growing or diminishing on the occasions on which additional securities of the class in question are acquired, or some of the securities of the class in question are disposed of.
(4)
Without prejudice to the generality of sub-paragraph (3) above, a disposal of quoted securities in a holding, other than the disposal outright of the entire holding, is a disposal of part of an asset and the provisions of this Act relating to the computation of a gain accruing on a disposal of part of an asset shall apply accordingly.
(5)
Securities shall not be treated for the purposes of this paragraph as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt with on such a stock exchange, but shall be treated in accordance with this paragraph notwithstanding that they are identified in some other way by the disposal or by the transfer or delivery giving effect to it.
F31(6)
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(7)
Nothing in this paragraph shall be taken as affecting the manner in which the market value of any asset is to be ascertained.
(8)
An election made by any person under this paragraph shall be as respects all disposals made by F32the person at any time, including disposals made before the election but after 19th March 1968—
(a)
of quoted securities of kinds other than fixed-interest securities and preference shares, or
(b)
of fixed-interest securities and preference shares,
and references to the quoted securities covered by an election shall be construed accordingly.
Any person may make both of the elections.
(9)
An election under this paragraph shall not cover quoted securities which the holder acquired on a disposal after 19th March 1968 in relation to which F33section 171(1) applies, but this paragraph shall apply to the quoted securities so held if the person who made the original disposal (that is to say F34... the other member of the group of companies) makes an election covering quoted securities of the kind in question.
For the purpose of identifying quoted securities disposed of by the holder with quoted securities acquired by F35the holder on a disposal in relation to which F33section 171(1) applies, so far as they are of the same class, quoted securities acquired at an earlier time shall be deemed to be disposed of before quoted securities acquired at a later time.
(10)
For the avoidance of doubt it is hereby declared—
(a)
(b)
that an election under this paragraph is irrevocable.
(11)
An election under this paragraph shall be made by notice to F37an officer of the Board given—
F38(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F39... not later than the expiration of 2 years from the end of the accounting period in which the first relevant disposal is made; or
(c)
F40... within such further time as the Board may allow.
(12)
Subject to paragraph 5 below, in this paragraph the “first relevant disposal”, in relation to each of the elections referred to in sub-paragraph (8) of this paragraph, means the first disposal after 19th March 1968 by the person making the election of quoted securities of the kind covered by that election.
(13)
All such adjustments shall be made, whether by way of discharge or repayment of tax, or the making of assessments or otherwise, as are required to give effect to an election under this paragraph.
Election by principal company of group
5
(1)
In the case of companies which at the relevant time are members of a group of companies—
(a)
an election under paragraph 4 above by the company which at that time is the principal company of the group shall have effect also as an election by any other company which at that time is a member of the group, and
(b)
no election under that paragraph may be made by any other company which at that time is a member of the group.
(2)
In this paragraph “the relevant time”, in relation to a group of companies, and in relation to each of the elections referred to in paragraph 4(8) above, is the first occasion after 19th March 1968 when any company which is then a member of a group disposes of quoted securities of a kind covered by that election, and for the purposes of paragraph 4(11) above that occasion is, in relation to the group, “the first relevant disposal".
(3)
This paragraph shall not apply in relation to quoted securities of either kind referred to in paragraph 4(8) above which are owned by a company which, in some period after 19th March 1968 and before the relevant time, was not a member of the group if in that period it had made an election under paragraph 4 above in relation to securities of that kind (or was treated by virtue of this paragraph, in relation to another group, as having done so), or had made a disposal of quoted securities of that kind and did not make an election within the time limited by paragraph 4(11) above.
(4)
This paragraph shall apply notwithstanding that a company ceases to be a member of the group at any time after the relevant time.
(5)
In this paragraph “company” and “group” shall be construed in accordance with section 170(2) to (9).
Pooling at value on 6th April 1965: exchange of securities etc.
6
(1)
Where a person who has made only one of the elections under paragraph 4 above disposes of quoted securities which, in accordance with Chapter II of Part IV, are to be regarded as being or forming part of a new holding, the election shall apply according to the nature of the quoted securities disposed of, notwithstanding that under that Chapter the new holding is to be regarded as the same asset as the original holding and that the election would apply differently to the original holding.
(2)
Where the election does not cover the disposal out of the new holding but does cover quoted securities of the kind comprised in the original holding, then in computing the gain accruing on the disposal out of the new holding (in accordance with paragraph 3 above) the question of what remained undisposed of on any disposal out of the original holding shall be decided on the footing that paragraph 3 above applied to that earlier disposal.
(3)
In the converse case (that is to say, where the election covers the disposal out of the new holding, but does not cover quoted securities of the kind comprised in the original holding) the question of how much of the new holding derives from quoted securities held on 6th April 1965 and how much derives from other quoted securities, shall be decided as it is decided for the purposes of paragraph 3 above.
Underwriters
7
No election under paragraph 4 above shall cover quoted securities comprised in any underwriter’s premiums trust fund, or premiums trust fund deposits, or personal reserves, being securities comprised in funds to which section 206 applies.
Interpretation of paragraphs 3 to 7
8
(1)
In paragraphs 3 to 7 above—
“quoted securities” means assets to which paragraph 1 above applies,
“fixed interest security” means any security as defined by section 132,
“” means any share the holder whereof has a right to a dividend at a fixed rate, but has no other right to share in the profits of the company.
(2)
If and so far as the question whether at any particular time a share was a preference share depends on the rate of dividends payable on or before 5th April 1973, the reference in the definition of “” in sub-paragraph (1) above to a dividend at a fixed rate includes a dividend at a rate fluctuating in accordance with the standard rate of income tax.
Part II Land reflecting development value
9
(1)
Subject to paragraph 17(2) of Schedule 11, this Part of this Schedule shall apply in relation to a disposal of an asset which is an interest in land situated in the United Kingdom—
(a)
if, but for this paragraph, the expenditure allowable as a deduction in computing the gain accruing on the disposal would include any expenditure incurred before 6th April 1965, and
(b)
if the consideration for the asset acquired on the disposal exceeds the current use value of the asset at the time of the disposal, or if any material development of the land has been carried out after 17th December 1973 since the person making the disposal acquired the asset.
(2)
For the purposes of this Act, it shall be assumed that, in relation to the disposal and, if it is a part disposal, in relation to any subsequent disposal of the asset which is an interest in land situated in the United Kingdom, that asset was sold by the person making the disposal, and immediately reacquired by him, at its market value on 6th April 1965.
(3)
Sub-paragraph (2) above shall apply also in relation to any prior part disposal of the asset and, if tax has been charged, or relief allowed, by reference to that part disposal on a different footing, all such adjustments shall be made, whether by way of assessment or discharge or repayment of tax, as are required to give effect to the provisions of this sub-paragraph.
(4)
Sub-paragraph (2) above shall not apply in relation to a disposal of assets—
(a)
on the assumption in that sub-paragraph a gain would accrue on that disposal to the person making the disposal and either a smaller gain or a loss would so accrue (computed in accordance with the provisions of this Act) if it did not apply, or
(b)
if on the assumption in sub-paragraph (2) a loss would so accrue and either a smaller loss or a gain would accrue if that sub-paragraph did not apply,
and accordingly the amount of the gain or loss accruing on the disposal shall be computed without regard to the provisions of this Schedule except that in a case where this sub-paragraph would otherwise substitute a loss for a gain or a gain for a loss it shall be assumed, in relation to the disposal, that the relevant assets were sold by the owner, and immediately reacquired by him, for a consideration such that, on the disposal, neither a gain nor a loss accrued to the person making the disposal.
(5)
For the purposes of this Part of this Schedule—
(a)
“interest in land” means any estate or interest in land, any right in or over land or affecting the use or disposition of land, and any right to obtain such an estate, interest or right from another which is conditional on that other’s ability to grant the estate, interest or right in question, except that it does not include the interest of a creditor (other than a creditor in respect of a rentcharge) whose debt is secured by way of a mortgage, an agreement for a mortgage or a charge of any kind over land, or, in Scotland, the interest of a creditor in a charge or security of any kind over land; and
(b)
“land” includes buildings.
10
(1)
For the purposes of this Part of this Schedule, the current use value of an interest in land shall be ascertained in accordance with the following provisions of this Part, and in this Part the time as at which current use value is to be ascertained is referred to as “the relevant time”.
(2)
Subject to the following provisions of this Part of this Schedule, the current use value of an interest in land at the relevant time is the market value of that interest at that time calculated on the assumption that it was at that time, and would continue to be, unlawful to carry out any material development of the land other than any material development thereof which, being authorised by planning permission in force at that time, was begun before that time.
In relation to any material development which was begun before 18th December 1973 this sub-paragraph shall have effect with the omission of the words from “other than" to “before that time".
(3)
In this paragraph “planning permission” has the same meaning as in the M4Town and Country Planning Act 1990, or, in Scotland, the M5Town and Country Planning (Scotland) Act 1972, or, in Northern Ireland, the M6Planning (Northern Ireland) Order 1991, and in determining for the purposes of this paragraph what material development of any land was authorised by planning permission at a time when there was in force in respect of the land planning permission granted on an outline application (that is to say, an application for planning permission subject to subsequent approval on any matters), any such development of the land which at that time—
(a)
was authorised by that permission without any requirement as to subsequent approval; or
(b)
not being so authorised, had been approved in the manner applicable to that planning permission,
but no other material development, shall for those purposes be taken to have been authorised by that permission at that time.
(4)
Where the value to be ascertained is the current use value of an interest in land which has been disposed of by way of a part disposal of an asset (“the relevant asset”) consisting of an interest in land, the current use value at the relevant time of the interest disposed of shall be the relevant fraction of the current use value of the relevant asset at that time, calculated on the same assumptions as to the lawfulness or otherwise of any material development as fall to be made under this Part in calculating the current use value at that time of the interest disposed of.
(5)
For the purposes of sub-paragraph (4) above “the relevant fraction” means that fraction of the sums mentioned in paragraph (6) below which under subsection (2) of section 42 is, or would but for subsection (4) of that section be, allowable as a deduction in computing the amount of the gain accruing on the part disposal.
(6)
The sums referred to in sub-paragraph (5) above are the sums which, if the entire relevant asset had been disposed of at the time of the part disposal, would be allowable by virtue of section 38(1)(a) and (b) as a deduction in computing the gain accruing on that disposal of the relevant asset.
(7)
Sub-paragraphs (4) to (6) above shall not apply—
(a)
in the case of a disposal of an interest in land by way of a part disposal if, on making the disposal, the person doing so no longer has any interest in the land which is subject to that interest; or
(b)
in a case to which the following provisions of this paragraph apply.
(8)
In computing any gain accruing to a person on a part disposal of an interest in land resulting under subsection (1) of section 22 from the receipt as mentioned in paragraph (a), (c) or (d) of that subsection of a capital sum, the current use value at the relevant time of the interest out of which the part disposal was made shall be taken to be what it would have been at that time if the circumstances which caused the capital sum to be received had not arisen.
11
(1)
The current use value of an interest in land which is either—
(a)
a freehold interest which is subject to a lease or an agreement for a lease, or
(b)
an interest under a lease or agreement for a lease,
shall be ascertained without regard to any premium required under the lease or agreement for a lease or any sublease, or otherwise under the terms subject to which the lease or sublease was or is to be granted, but with regard to all other rights under the lease or prospective lease (and, for the current use value of an interest under a lease subject to a sublease, under the sublease).
(2)
If under sub-paragraph (1) above an interest under a lease or agreement for a lease would have a negative value, the current use value of the interest shall be nil.
(3)
If a lease is granted out of any interest in land after 17th December 1973, then, in computing any gain accruing on any disposal of the reversion on the lease made while the lease subsists, the current use value of the reversion at any time after the grant of the lease shall not exceed what would have been at that time the current use value of the interest in the land of the person then owning the reversion if that interest had not been subject to the lease.
(4)
In the application of this paragraph to Scotland, “freehold” means the estate or interest of the proprietor of the dominium utile or, in the case of property other than feudal property, of the owner, and “reversion” means the interest of the landlord in property subject to a lease.
12
In computing any gain accruing to a person on a disposal of a lease which is a wasting asset, the current use value of the lease at the time of its acquisition by the person making the disposal shall be the fraction—
of what its current use value at that time would be apart from this paragraph,
where—
A is equal to so much of the expenditure attributable to the lease under section 38(1)(a) and (b) as is not under paragraph 1 of Schedule 8 excluded therefrom for the purposes of the computation of the gain accruing on the disposal, and
B is equal to the whole of the expenditure which would be so attributable to the lease for those purposes apart from the said paragraph 1.
13
(1)
In this Part of this Schedule, “material development”, in relation to any land, means the making of any change in the state, nature or use of the land, but the doing of any of the following things in the case of any land shall not be taken to involve material development of the land, that is to say—
(a)
the carrying out of works for the maintenance, improvement, enlargement or other alteration of any building, so long as the cubic content of the original building is not exceeded by more than one-tenth;
(b)
the carrying out of works for the rebuilding, as often as occasion may require, of any building which was in existence at the relevant time, or of any building which was in existence in the period of 10 years immediately preceding the day on which that time falls but was destroyed or demolished before the relevant time, so long as (in either case) the cubic content of the original building is not exceeded by more than one-tenth;
(c)
the use of any land for the purposes of agriculture or forestry, the use for any of those purposes of any building occupied together with land so used, and the carrying out on any land so used of any building or other operations required for the purposes of that use;
(d)
the carrying out of operations on land for, or the use of land for, the display of an advertisement, announcement or direction of any kind;
(e)
the carrying out of operations for, or the use of the land for, car parking, provided that such use shall not exceed 3 years;
(f)
in the case of a building or other land which at the relevant time was used for a purpose falling within any class specified in sub-paragraph (4) below or which, being unoccupied at that time, was last used for any such purpose, the use of that building or land for any other purpose falling within the same class;
(g)
in the case of a building or other land which at the relevant time was in the occupation of a person by whom it was used as to part only for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose at the relevant time or, as the case may be, one-tenth of the area of the land so used at that time;
(h)
in the case of land which at the relevant time was being temporarily used for a purpose other than the purpose for which it was normally used, the resumption of the use of the land for the last-mentioned purpose;
(i)
in the case of land which was unoccupied at the relevant time, the use of the land for the purpose for which it was last used before that time.
References in this paragraph to the cubic content of a building are references to that content as ascertained by external measurement.
(2)
For the purposes of sub-paragraph (1)(a) and (b)—
(a)
where 2 or more buildings are included in a single development the whole of that development may be regarded as a single building, and where 2 or more buildings result from the redevelopment of a single building the new buildings may together be regarded as a single building, but 2 or more buildings shall not be treated as included in a single development unless they are or were comprised in the same curtilage; and
(b)
in determining whether or not the cubic content of the original building has been exceeded by more than one-tenth, the cubic content of the building after the carrying out of the works in question shall be treated as reduced by the amount (if any) by which so much of that cubic content as is attributable to one or more of the matters mentioned in sub-paragraph (3) below exceeds so much of the cubic content of the original building as was attributable to one or more of the matters so mentioned.
(3)
The matters referred to in sub-paragraph (2)(b) are the following, that is to say—
(a)
means of escape in case of fire;
(b)
car-parking or garage space;
(c)
accommodation for plant providing heating, air-conditioning or similar facilities.
(4)
The classes of purposes mentioned in sub-paragraph (1)(f) are the following—
Class A—Use as a dwelling-house or for the purpose of any activities which are wholly or mainly carried on otherwise than for profit, except use for a purpose falling within Class B, C or E.
Class B—Use as an office or retail shop.
Class C—Use as a hotel, boarding-house or guest-house, or as premises licensed for the sale of intoxicating liquors for consumption on the premises.
Class D—Use for the purpose of any activities wholly or mainly carried on for profit, except—
(a)
use as a dwelling-house or for the purposes of agriculture or forestry; and
(b)
use for a purpose falling within Class B, C or E.
Class E—Use for any of the following purposes, namely—
(a)
the carrying on of any process for or incidental to any of the following purposes, namely—
(i)
the making of any article or of any part of any article, or the production of any substance;
(ii)
the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolishing of any article; or
(iii)
without prejudice to (i) or (ii) above, the getting, dressing or treatment of minerals,
being a process carried on in the course of a trade or business other than agriculture or forestry, but excluding any process carried on at a dwelling-house or retail shop;
(b)
storage purposes (whether or not involving use as a warehouse or repository) other than storage purposes ancillary to a purpose falling within Class B or C.
14
(1)
For the purposes of this Part, material development shall be taken to be begun on the earliest date on which any specified operation comprised in the material development is begun.
(2)
In this paragraph “specified operation” means any of the following, that is to say—
(a)
any work of construction in the course of the erection of a building;
(b)
the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
(c)
the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in (b) above;
(d)
any operation in the course of laying out or constructing a road or part of a road;
(e)
any change in the use of any land.
(3)
Subject to sub-paragraph (4) below, material development shall for the purposes of this Part of this Schedule not be treated as carried out after a particular date if it was begun on or before that date.
(4)
If, in the case of any land—
(a)
material development thereof was begun on or before 17th December 1973 but was not completed on or before that date, and
(b)
the development was on that date to any extent not authorised by planning permission (within the meaning of paragraph 10(3) above) then in force,
then, for the purposes of this Part of this Schedule, so much of the development carried out after that date as was not so authorised on that date shall be treated as begun on the earliest date after 17th December 1973 on which any specified operation comprised therein is begun, and shall accordingly be treated as material development of the land carried out after 17th December 1973.
15
In this Part of this Schedule, unless the context otherwise requires—
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the keeping and breeding of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“article” means an article of any description;
“building” includes part of a building and references to a building may include references to land occupied therewith and used for the same purposes;
“forestry” includes afforestation;
“minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working;
“retail shop” includes any premises of a similar character where retail trade or business (including repair work) is carried on;
“substance” means any natural or artificial substance or material, whether in solid or liquid form or in the form of a gas or vapour.
Part III Other assets
Apportionment by reference to straightline growth of gain or loss over period of ownership
16
(1)
This paragraph applies subject to Parts I and II of this Schedule.
(2)
On the disposal of assets by a person whose period of ownership began before 6th April 1965 only so much of any gain accruing on the disposal as is under this paragraph to be apportioned to the period beginning with 6th April 1965 shall be a chargeable gain.
(3)
Subject to the following provisions of this Schedule, the gain shall be assumed to have grown at a uniform rate from nothing at the beginning of the period of ownership to its full amount at the time of the disposal so that, calling the part of that period before 6th April 1965, P, and the time beginning with 6th April 1965 and ending with the time of the disposal T, the fraction of the gain which is a chargeable gain is—
(4)
If any of the expenditure which is allowable as a deduction in the computation of the gain is within section 38(1)(b)—
(a)
the gain shall be attributed to the expenditure, if any, allowable under section 38(1)(a) as one item of expenditure, and to the respective items of expenditure under section 38(1)(b) in proportion to the respective amounts of those items of expenditure,
(b)
sub-paragraph (3) of this paragraph shall apply to the part of the gain attributed to the expenditure under section 38(1)(a),
(c)
each part of the gain attributed to the items of expenditure under section 38(1)(b) shall be assumed to have grown at a uniform rate from nothing at the time when the relevant item of expenditure was first reflected in the value of the asset to the full amount of that part of the gain at the time of the disposal,
so that, calling the respective proportions of the gain E(0), E(1), E(2) and so on (so that they add up to unity) and calling the respective periods from the times when the items under section 38(1)(b) were reflected in the value of the asset to 5th April 1965 P(1), P(2) and so on, and employing also the abbreviations in sub-paragraph (3) above, the fraction of the gain which is a chargeable gain is—
(5)
In a case within sub-paragraph (4) above where there is no initial expenditure (that is no expenditure under section 38(1)(a)) or that initial expenditure is, compared with any item of expenditure under section 38(1)(b), disproportionately small having regard to the value of the asset immediately before the subsequent item of expenditure was incurred, the part of the gain which is not attributable to the enhancement of the value of the asset due to any item of expenditure under section 38(1)(b) shall be deemed to be attributed to expenditure incurred at the beginning of the period of ownership and allowable under section 38(1)(a), and the part or parts of the gain attributable to expenditure under section 38(1)(b) shall be reduced accordingly.
(6)
The beginning of the period over which a gain, or part of a gain, is under sub-paragraphs (3) and (4) above to be treated as growing shall not be earlier than 6th April 1945, and this sub-paragraph shall have effect notwithstanding any provision in this Schedule or elsewhere in this Act.
(7)
If in pursuance of section 42 an asset’s market value at a date before 6th April 1965 is to be ascertained, sub-paragraphs (3) to (5) above shall have effect as if that asset had been on that date sold by the owner, and immediately reacquired by him, at that market value.
(8)
If in pursuance of section 42 an asset’s market value at a date on or after 6th April 1965 is to be ascertained sub-paragraphs (3) to (5) above shall have effect as if—
(a)
the asset on that date had been sold by the owner, and immediately reacquired by him, at that market value, and
(b)
accordingly, the computation of any gain on a subsequent disposal of that asset shall be computed—
(i)
by apportioning in accordance with this paragraph the gain or loss over a period ending on that date (the date of the part disposal), and
(ii)
by bringing into account the entire gain or loss over the period from the date of the part disposal to the date of subsequent disposal.
(9)
For the purposes of this paragraph the period of ownership of an asset shall, where under section 43 account is to be taken of expenditure in respect of an asset from which the asset disposed of was derived, or where it would so apply if there were any relevant expenditure in respect of that other asset, include the period of ownership of that other asset.
(10)
If under this paragraph part only of a gain is a chargeable gain, the fraction in section 223(2) shall be applied to that part instead of to the whole of the gain.
Election for valuation at 6th April 1965
17
(1)
If the person making a disposal so elects, paragraph 16 above shall not apply in relation to that disposal and it shall be assumed, both for the purposes of computing the gain accruing to that person on the disposal, and for all other purposes both in relation to that person and other persons, that the assets disposed of, and any assets of which account is to be taken in relation to the disposal under section 43, being assets which were in the ownership of that person on 6th April 1965, were on that date sold, and immediately reacquired, by him at their market value on 6th April 1965.
(2)
Sub-paragraph (1) above shall not apply in relation to a disposal of assets if on the assumption in that sub-paragraph a loss would accrue on that disposal to the person making the disposal and either a smaller loss or a gain would accrue if sub-paragraph (1) did not apply, but in a case where this sub-paragraph would otherwise substitute a gain for a loss it shall be assumed, in relation to the disposal, that the relevant assets were sold by the owner, and immediately reacquired by him, for a consideration such that, on the disposal, neither a gain nor a loss accrued to the person making the disposal.
The displacement of sub-paragraph (1) above by this sub-paragraph shall not be taken as bringing paragraph 16 above into operation.
(3)
An election under this paragraph shall be made by notice to F41an officer of the Board given—
F42(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F43... within 2 years from the end of the accounting period in which the disposal is made; or
(c)
F44... within such further time as the Board may by notice allow.
(4)
For the avoidance of doubt it is hereby declared that an election under this paragraph is irrevocable.
(5)
An election may not be made under this paragraph as respects, or in relation to, an asset the market value of which at a date on or after 6th April 1965, and before the date of the disposal to which the election relates, is to be ascertained in pursuance of section 42.
Part IV Miscellaneous
Capital allowances
20
If under any provision in this Schedule it is to be assumed that any asset was on 6th April 1965 sold by the owner, and immediately reacquired by him, sections 41 and 47 shall apply in relation to any capital allowance or renewals allowance made in respect of the expenditure actually incurred by the owner in providing the asset, and so made for the year 1965-66 or for any subsequent year of assessment, as if it were made in respect of the expenditure which, on that assumption, was incurred by him in reacquiring the asset on 7th April 1965.
Assets transferred to close companies
21
(1)
This paragraph has effect where—
(a)
at any time, including a time before 7th April 1965, any of the persons having control of a close company, or any person who is connected with a person having control of a close company, has transferred assets to the company, and
(b)
paragraph 16 above applies in relation to a disposal by one of the persons having control of the company of shares or securities in the company, or in relation to a disposal by a person having, up to the time of disposal, a substantial holding of shares or securities in the company, being in either case a disposal after the transfer of the assets.
(2)
So far as the gain accruing to the said person on the disposal of the shares is attributable to a profit on the assets so transferred, the period over which the gain is to be treated under paragraph 16 above as growing at a uniform rate shall begin with the time when the assets were transferred to the company, and accordingly a part of a gain attributable to a profit on assets transferred on or after 6th April 1965 shall all be a chargeable gain.
(3)
This paragraph shall not apply where a loss, and not a gain, accrues on the disposal.
F45Spouses and civil partners
F4622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compensation and insurance money
23
Where section 23(4)(a) applies to exclude a gain which, in consequence of this Schedule, is not all chargeable gain, the amount of the reduction to be made under section 23(4)(b) shall be the amount of the chargeable gain and not the whole amount of the gain; and in section 23(5)(b) for the reference to the amount by which the gain is reduced under section 23(5)(a) there shall be substituted a reference to the amount by which the chargeable gain is proportionately reduced under section 23(5)(a).
SCHEDULE 3 Assets held on 31st March 1982
Previous no gain/no loss disposals
1
(1)
F47For the purposes of corporation tax, where—
(a)
a person makes a disposal, not being a no gain/no loss disposal, of an asset which F48the person acquired after 31st March 1982, and
(b)
the disposal by which F48the person acquired the asset and any previous disposal of the asset after 31st March 1982 was a no gain/no loss disposal,
F48the person shall be treated for the purposes of section 35 as having held the asset on 31st March 1982.
(2)
F511A.
(1)
This paragraph applies where—
(a)
paragraph 1(1) applies to a disposal of shares in or securities of a company that are of a class,
(b)
accordingly, the shares or securities constitute or form part of a holding which the person making the disposal (“P”) is treated as having held on 31st March 1982 (“the deemed 1982 holding”),
(c)
the disposal by which P acquired the shares or securities, and any previous disposal of them after 31st March 1982, was a disposal to which section 171(1) (transfers within a group) applied,
(d)
some or all of the shares or securities constituting the deemed 1982 holding were in fact held on 31st March 1982 by a person other than P, and
(e)
in the hands of that person on that date they formed part of a holding which—
(i)
consisted of shares or securities of the same class as the shares or securities disposed of, and
(ii)
was larger than the deemed 1982 holding.
(2)
If P makes a claim, then for the purposes of section 35(2) the market value on 31st March 1982 of the shares or securities disposed of is to be treated as being—
where—
VLH is the market value on 31st March 1982 of the larger holding mentioned in sub-paragraph (1)(e) (in the hands of the person who in fact held it on that date),
NDO is the number of shares or securities disposed of, and
NLH is the number of shares or securities comprised in the larger holding on that date.
(3)
Sub-paragraph (4) applies where sub-paragraph (1)(d) and (e) are met by two or more persons holding the shares or securities as two or more holdings or parts of holdings (“the original holdings”).
(4)
Sub-paragraph (2) applies for the purpose of calculating the market value on 31st March 1982 of the shares or securities disposed of, except that—
(a)
VLH is the market value on 31st March 1982 of the largest of the original holdings, and
(b)
NLH is the number of shares or securities comprised in that holding.
(5)
A claim under sub-paragraph (2) must be made on or before the second anniversary of the end of the accounting period of P in which the disposal takes place.
(6)
Shares in or securities of a company shall not be treated as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt with on a recognised stock exchange.
2
(1)
Sub-paragraph (2) below applies where a person makes a disposal of an asset acquired by him on or after 6th April 1988 in circumstances in which section F52... 171 applied.
(2)
Where this sub-paragraph applies—
(a)
an election under section 35(5) by the person making the disposal shall not cover the disposal, but
(b)
the making of such an election by the person from whom the asset was acquired shall cause the disposal to fall outside subsection (3) of that section (so that subsection (2) of that section is not excluded by it) whether or not the person making the disposal makes such an election.
(3)
Where the person from whom the asset was acquired by the person making the disposal himself acquired it on or after 6th April 1988 in circumstances in which section F53... 171 applied, an election made by him shall not have the effect described in sub-paragraph (2)(b) above but an election made by—
(a)
the last person by whom the asset was acquired after 5th April 1988 otherwise than in such circumstances, or
(b)
if there is no such person, the person who held the asset on 5th April 1988,
shall have that effect.
Capital allowances
3
If under section 35 it is to be assumed that any asset was on 31st March 1982 sold by the person making the disposal and immediately reacquired by him, sections 41 and 47 shall apply in relation to any capital allowance or renewals allowance made in respect of the expenditure actually incurred by him in providing the asset as if it were made in respect of expenditure which, on that assumption, was incurred by him in reacquiring the asset on 31st March 1982.
Part disposals etc.
4
(1)
Where, in relation to a disposal to which section 35(2) applies, section 42 has effect by reason of an earlier disposal made after 31st March 1982 and before 6th April 1988, the sums to be apportioned under section 42 shall for the purposes of the later disposal be ascertained on the assumption stated in section 35(2).
(2)
In any case where—
(a)
subsection (2) of section 35 applies in relation to the disposal of an asset,
(b)
if that subsection did not apply, section 23(2), 122(4), 133(4) or 244 would operate to disallow expenditure as a deduction in computing a gain accruing on the disposal, and
(c)
the disallowance would be attributable to the reduction of the amount of the consideration for a disposal made after 31st March 1982 but before 6th April 1988,
the amount allowable as a deduction on the disposal shall be reduced by the amount which would be disallowed if section 35(2) did not apply.
Assets derived from other assets
5
Section 35 shall have effect with the necessary modifications in relation to a disposal of an asset which on 31st March 1982 was not itself held by the person making the disposal, if its value is derived from another asset of which account is to be taken in relation to the disposal under section 43.
Apportionment of pre-1965 gains and losses
6
In a case where because of paragraph 16 of Schedule 2 only part of a gain or loss is a chargeable gain or allowable loss, section 35(3)(a) and (b) shall have effect as if the amount of the gain or loss that would accrue if subsection (2) did not apply were equal to that part.
Elections under section section 35(5): excluded disposals
7
(1)
An election under section 35(5) shall not cover disposals such as are specified in sub-paragraph (2) below.
(2)
The disposals mentioned in sub-paragraph (1) above are disposals of, or of an interest in—
(a)
plant or machinery,
(b)
an asset which the person making the disposal has at any time held for the purposes of or in connection with—
(i)
a trade consisting of the working of a source of mineral deposits, or
(ii)
where a trade involves (but does not consist of) such working, the part of the trade which involves such working, or
(c)
a licence under F54Part I of the Petroleum Act 1998 or the M7Petroleum (Production) Act (Northern Ireland) 1964; or
(d)
shares which, on 31st March 1982, were unquoted and derived their value, or the greater part of their value, directly or indirectly from oil exploration or exploitation assets situated in the United Kingdom or a designated area or from such assets and oil exploration or exploitation rights taken together;
but a disposal does not fall within paragraph (a) or (b) above unless a capital allowance in respect of any expenditure attributable to the asset has been made to the person making the disposal or would have been made to him had he made a claim.
(3)
For the purposes of sub-paragraph (2)(d) above,—
(a)
“” includes stock and any security, as defined in F55section 1117(1) of CTA 2010; and
(b)
shares (as so defined) were unquoted on 31st March 1982 if, on that date, they were neither quoted on a recognised stock exchange nor dealt in on the Unlisted Securities Market;
but nothing in this paragraph affects the operation, in relation to such unquoted shares, of sections 126 to 130.
(4)
In sub-paragraph (2)(d) above—
“designated area” means an area designated by Order in Council under section 1(7) of the M8Continental Shelf Act 1964;
“oil exploration or exploitation assets” shall be construed in accordance with sub-paragraphs (5) and (6) below; and
“oil exploration or exploitation rights” means rights to assets to be produced by oil exploration or exploitation activities (as defined in sub-paragraph (6) below) or to interests in or to the benefit of such assets.
(5)
For the purposes of sub-paragraph (2)(d) above an asset is an oil exploration or exploitation asset if either—
(a)
it is not a mobile asset and is being or has at some time been used in connection with oil exploration or exploitation activities carried on in the United Kingdom or a designated area; or
(b)
it is a mobile asset which has at some time been used in connection with oil exploration or exploitation activities so carried on and is dedicated to an oil field in which the company whose shares are disposed of by the disposal, or a person connected with that company, is or has been a participator;
and, subject to sub-paragraph (6) below, expressions used in paragraphs (a) and (b) above have the same meaning as if those paragraphs were included in Part I of the M9Oil Taxation Act 1975.
(6)
In the preceding provisions of this paragraph “oil exploration or exploitation activities” means activities carried on in connection with—
(a)
the exploration of land (including the seabed and subsoil) in the United Kingdom or a designated area, as defined in sub-paragraph (4) above, with a view to searching for or winning oil; or
(b)
the exploitation of oil found in any such land;
and in this sub-paragraph “oil” has the same meaning as in Part I of the M10Oil Taxation Act 1975.
(7)
Where the person making the disposal acquired the asset on a no gain/no loss disposal, the references in sub-paragraph (2) above to that person are references to the person making the disposal, the person who last acquired the asset otherwise than on a no gain/no loss disposal or any person who subsequently acquired the asset on such a disposal.
(8)
In this paragraph—
(a)
“source of mineral deposits” shall be construed in accordance with F56section 394 of the Capital Allowances Act, and
(b)
references to a no gain/no loss disposal shall be construed in accordance with paragraph 1 above.
Elections under section 35(5): groups of companies
8
(1)
A company may not make an election under section 35(5) at a time when it is a member but not the principal company of a group unless the company did not become a member of the group until after the relevant time.
(2)
Subject to sub-paragraph (3) below, an election under section 35(5) by a company which is the principal company of a group shall have effect also as an election by any other company which at the relevant time is a member of the group.
(3)
Sub-paragraph (2) above shall not apply in relation to a company which, in some period after 5th April 1988 and before the relevant time, is not a member of the group if—
(a)
during that period the company makes a disposal to which section 35 applies, and
(b)
the period during which an election under subsection (5) of that section could be made expires without such an election having been made.
(4)
Sub-paragraph (2) above shall apply in relation to a company notwithstanding that the company ceases to be a member of the group at any time after the relevant time except where—
(a)
the company is an outgoing company in relation to the group, and
(b)
the election relating to the group is made after the company ceases to be a member of the group.
(5)
In relation to a company which is the principal company of a group the reference in section 35(6) to the first relevant disposal is a reference to the first disposal to which that section applies by a company which is—
(a)
a member of the group but not an outgoing company in relation to the group, or
(b)
an incoming company in relation to the group.
9
(1)
In paragraph 8 above “the relevant time”, in relation to a group of companies, is—
(a)
the first time when any company which is then a member of the group, and is not an outgoing company in relation to the group, makes a disposal to which section 35 applies,
(b)
the time immediately following the first occasion when a company which is an incoming company in relation to the group becomes a member of the group,
(c)
the time when an election is made by the principal company,
whichever is earliest.
(2)
In paragraph 8 above and this paragraph—
“incoming company”, in relation to a group of companies, means a company which—
(a)
makes its first disposal to which section 35 applies at a time when it is not a member of the group, and
(b)
becomes a member of the group before the end of the period during which an election under section 35(5) could be made in relation to it and at a time when no such election has been made, and
“outgoing company”, in relation to a group of companies, means a company which ceases to be a member of the group before the end of the period during which an election under section 35(5) could be made in relation to it and at a time when no such election has been made.
(3)
Section 170 shall have effect for the purposes of paragraph 8 above and this paragraph as for those of sections 170 to 181.
SCHEDULE 4 Deferred charges on gains before 31st March 1982
F57Application of Schedule
A1
This Schedule applies only for the purposes of corporation tax.
Reduction of deduction or gain
1
Where this Schedule applies—
(a)
in a case within paragraph 2 below, the amount of the deduction referred to in that paragraph, and
(b)
in a case within paragraph 3 or 4 below, the amount of the gain referred to in that paragraph,
shall be one half of what it would be apart from this Schedule.
Charges rolled-over or held-over
2
(1)
Subject to sub-paragraphs (2) to (4) below, this Schedule applies on a disposal, not being a no gain/no loss disposal, of an asset if—
(a)
the person making the disposal acquired the asset after 31st March 1982,
(b)
a deduction falls to be made by virtue of any of the enactments specified in sub-paragraph (5) below from the expenditure which is allowable in computing the amount of any gain accruing on the disposal, and
(c)
the deduction is attributable (whether directly or indirectly and whether in whole or in part) to a chargeable gain accruing on the disposal before 6th April 1988 of an asset acquired before 31st March 1982 by the person making that disposal.
(2)
This Schedule does not apply where, by reason of the previous operation of this Schedule, the amount of the deduction is less than it otherwise would be.
(3)
This Schedule does not apply if the amount of the deduction would have been less had relief by virtue of a previous application of this Schedule been duly claimed.
(4)
Where—
(a)
the asset was acquired on or after 19th March 1991,
(b)
the deduction is partly attributable to a claim by virtue of section 154(4), and
(c)
the claim applies to the asset,
this Schedule does not apply by virtue of this paragraph.
(5)
3
(1)
This paragraph applies where this Schedule would have applied on a disposal but for paragraph 2(4) above.
(2)
This Schedule applies on the disposal if paragraph 4 below would have applied had—
(a)
section 154(2) continued to apply to the gain carried forward as a result of the claim by virtue of section 154(4), and
(b)
the time of the disposal been the time when that gain was treated as accruing by virtue of section 154(2).
Postponed charges
4
(1)
Subject to sub-paragraphs (3) to (5) below, this Schedule applies where—
(a)
a gain is treated as accruing by virtue of any of the enactments specified in sub-paragraph (2) below, and
(b)
that gain is attributable (whether directly or indirectly and whether in whole or in part) to the disposal before 6th April 1988 of an asset acquired before 31st March 1982 by the person making that disposal.
(2)
F62(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
Where a gain is treated as accruing in consequence of an event, this Schedule does not apply if—
(a)
the gain is attributable (whether directly or indirectly and whether in whole or part) to the disposal of an asset on or after 6th April 1988, or
(b)
the amount of the gain would have been less had relief by virtue of a previous application of this Schedule been duly claimed.
(5)
None of sections 134, 140(4), 154(2) and 248(3) shall apply in consequence of an event occurring on or after 6th April 1988 if its application would be directly attributable to the disposal of an asset on or before 31st March 1982.
Previous no gain/no loss disposals
5
Where—
(a)
a person makes a disposal of an asset which he acquired on or after 31st March 1982, and
(b)
the disposa1 by which he acquired the asset and any previous disposal of the asset on or after 31st March 1982 was a no gain/no loss disposal,
he shall be treated for the purposes of paragraphs 2(1)(c) and 4(1)(b) above as having acquired the asset before 31st March 1982.
6
(1)
Sub-paragraph (2) below applies where—
(a)
a person makes a disposal of an asset which he acquired on or after 31st March 1982,
(b)
the disposal by which he acquired the asset was a no gain/no loss disposal, and
(c)
a deduction falling to be made as mentioned in paragraph (b) of sub-paragraph (1) of paragraph 2 above which was attributable as mentioned in paragraph (c) of that sub-paragraph was made—
(i)
on that disposal, or
(ii)
where one or more earlier no gain/no loss disposals of the asset have been made on or after 31st March 1982 and since the last disposal of the asset which was not a no gain/no loss disposal, on any such earlier disposal.
(2)
Where this sub-paragraph applies the deduction shall be treated for the purposes of paragraph 2 above as falling to be made on the disposal mentioned in sub-paragraph (1)(a) above and not on the no gain/no loss disposal.
7
For the purposes of this Schedule a no gain/no loss disposal is one on which by virtue of any of the F63no gain/no loss provisions neither a gain nor a loss accrues to the person making the disposal.
Assets derived from other assets
8
The references in paragraphs 2(1)(c) and 4(1)(b) above to the disposal of an asset acquired by a person before 31st March 1982 include references to the disposal of an asset which was not acquired by the person before that date if its value is derived from another asset which was so acquired and of which account is to be taken in relation to the disposal under section 43.
Claims
9
(1)
No relief shall be given under this Schedule unless a claim is made—
F64(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F67(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or within such longer period F68... as the Board may by notice allow.
(2)
A claim under sub-paragraph (1) above shall be supported by such particulars as the inspector may require for the purpose of establishing entitlement to relief under this Schedule and the amount of relief due.
F69SCHEDULE 4ZZARelevant high value disposals: gains and losses
Introductory
1
This Schedule applies for the purposes of determining in relation to a relevant high value disposal made by a person (“P”)—
(a)
whether a gain or loss which is ATED-related accrues to P on the disposal, and
(b)
whether a gain or loss which is not ATED-related accrues to P on the disposal.
Assets held on 5 April 2013: no paragraph 5 election
2
If the interest disposed of was held by P on 5 April 2013—
(a)
paragraph 3 applies for the purposes of computing the gain or loss accruing to P which is ATED-related, and
(b)
paragraph 4 applies for the purposes of computing the gain or loss accruing to P which is not ATED-related.
3
(1)
An amount equal to the relevant fraction of the notional post-April 2013 gain or loss is the ATED-related gain or loss (as the case may be).
(2)
“Notional post-April 2013 gain or loss” means the gain or loss which (in the absence of section 2B and this Schedule) would have accrued on the relevant high value disposal had P acquired the interest on 5 April 2013 for a consideration equal to its market value on that date.
(3)
For the purposes of sub-paragraph (2), the amount of the gain or loss accruing to P is to be computed (whether or not that would otherwise be the case) as if P were within the charge to capital gains tax (but not within the charge to corporation tax on chargeable gains).
(4)
“The relevant fraction” is—
where—
“CD” is the number of days in the relevant ownership period which are ATED chargeable days;
“TD” is the total number of days in the relevant ownership period.
(5)
“The relevant ownership period” means the period beginning with 6 April 2013 and ending with the day before the day on which the relevant high value disposal occurs.
(6)
“ATED chargeable day” means any day by virtue of which condition C in section 2C(4) is met in relation to the relevant high value disposal.
4
(1)
The gain or loss accruing on the relevant high value disposal which is not ATED-related is computed as follows.
Step 1 Determine the amount of the notional pre-April 2013 gain or loss.
Step 2 In a case where there is a notional post-April 2013 gain—
- (a)
determine the amount of that gain remaining after the deduction of the ATED-related gain determined under paragraph 3, and
- (b)
adjust that remaining gain by reducing it by the notional indexation allowance.
- (a)
Step 3 In a case where there is a notional post-April 2013 loss, determine the amount of that loss remaining after deduction of the ATED-related loss determined under paragraph 3.
Step 4 Add—
- (a)
the amount of any gain or loss determined under Step 1, and
- (b)
the amount of any adjusted gain determined under Step 2 or (as the case may be) any loss determined under Step 3,
(treating any amount which is a loss as a negative amount).
- (a)
If the result is a positive amount, that amount is the gain on the relevant high value disposal which is not ATED-related.
If the result is a negative amount, that amount (expressed as a positive number) is the loss on the relevant high value disposal which is not ATED-related.
(2)
“The notional pre-April 2013 gain or loss” means the gain or loss which would have accrued on 5 April 2013 had the interest been disposed of for a consideration equal to its market value on that date.
(3)
For the purposes of sub-paragraph (2), the amount of the gain or loss accruing to P is to be computed (whether or not that would otherwise be the case) as if P were within the charge to corporation tax on chargeable gains (but not within the charge to capital gains tax).
(4)
Paragraph 3(2) and (3) (meaning of “notional post-April 2013 gain or loss”) also applies for the purposes of this paragraph.
(5)
“Notional indexation allowance” means the relevant fraction of an amount equal to the difference between—
(a)
the indexation allowance which (in the absence of section 2B and this Schedule) would be made under Chapter 4 of Part 2 in determining the gain accruing on the relevant high value disposal were that gain being computed for corporation tax purposes, and
(b)
the indexation allowance which is made under Chapter 4 of Part 2 in determining the notional pre-April 2013 gain.
(6)
“The relevant fraction” is—
where “CD” and “TD” have the same meaning as in paragraph 3(4).
Election for paragraph 2 to 4 not to apply to a chargeable interest
5
(1)
A person may make an election under this paragraph for paragraphs 2 to 4 not to apply in relation to a chargeable interest held by (or any part of which is held by) the person on 5 April 2013.
(2)
An election is irrevocable.
(3)
An election must be made by being included in a tax return under the Management Act for the tax year in which the first relevant high value disposal by the person of the chargeable interest (or any part of it) on or after 6 April 2013 occurs.
(4)
The reference in sub-paragraph (3) to an election being included in a return includes an election being included by virtue of an amendment of the return.
(5)
All such adjustments are to be made, whether by way of discharge or repayment of tax, the making of assessments or otherwise, as are required to give effect to an election.
(6)
In this paragraph “chargeable interest” has the same meaning as in Part 3 of the Finance Act 2013 (annual tax on enveloped dwellings) (see section 107 of that Act).
Cases where election made or assets acquired after 5 April 2013
6
(1)
This paragraph applies if—
(a)
an election is made by P under paragraph 5 in respect of the chargeable interest which (or a part of which) is the subject of the relevant high value disposal, or
(b)
the chargeable interest (or part) disposed of by the relevant high value disposal was not held by P throughout the period beginning with 5 April 2013 and ending with the disposal.
(2)
The ATED-related gain or loss accruing on the relevant high value disposal is computed as follows.
Step 1 Determine the amount of the gain or loss which would accrue to P, ignoring section 2B and this Schedule (but not the remainder of this Step). For this purpose, the amount of the gain or loss is to be computed (whether or not that would otherwise be the case) as if P were within the charge to capital gains tax (but not within the charge to corporation tax on chargeable gains).
Step 2 An amount equal to the relevant fraction of that gain or loss is the ATED-related gain or loss accruing on the relevant high value disposal.
(3)
The gain or loss accruing on the relevant high value disposal which is not ATED-related is to be computed as follows.
Step 1 In a case where there is a gain under Step 1 of sub-paragraph (2)—
- (a)
determine the amount of the gain remaining after the deduction of the ATED-related gain, and
- (b)
adjust the remaining gain by reducing it by an amount equal to the notional indexation allowance.
That adjusted gain is the gain accruing on the relevant high value disposal which is not ATED-related.
- (a)
Step 2 In a case where there is a loss under Step 1 of sub-paragraph (2), determine the amount of the loss remaining after deduction of the ATED-related loss. That remaining loss is the loss accruing on the relevant high value disposal which is not ATED-related.
(4)
“Notional indexation allowance” means the relevant fraction of the indexation allowance which would be made under Chapter 4 of Part 2 in determining the gain under Step 1 in sub-paragraph (2) were that gain being computed for corporation tax purposes.
(5)
Subject to sub-paragraph (6), “the relevant fraction”—
(a)
in sub-paragraph (2) has the same meaning as in paragraph 3(4), and
(b)
in sub-paragraph (4) has the same meaning as in paragraph 4(6).
(6)
For the purpose of determining the relevant fraction under sub-paragraph (5), paragraph 3(5) has effect as if the relevant ownership period began on the day on which P acquired the interest or, if later, 31 March 1982.
Adjustments of ATED chargeable days
7
(1)
This paragraph applies where, as a result of a claim under section 106(3) of the Finance Act 2013 (adjustment of chargeable amount), or an amendment of or adjustment to such a claim, there is an alteration in the number of ATED chargeable days.
(2)
All such adjustments are to be made, whether by way of discharge or repayment of tax, the making of assessments or otherwise, as are required to give effect to any change in liability to tax as a result of that alteration.
F70SCHEDULE 4ZASub-fund settlements
Making a sub-fund election
1
The trustees of a settlement (the “principal settlement”) may elect that a fund or other specified portion of the settled property (the “sub-fund”) be treated, unless the context otherwise requires, as a separate settlement (the “sub-fund settlement”) for the purposes of this Act, and the election shall have effect.
2
(1)
An election under paragraph 1 (a “sub-fund election”) must specify the date on which it is to be treated as having taken effect, which must not be later than the date on which it is made.
(2)
The election shall be treated as having taken effect—
(a)
at the beginning of the specified date, or
(b)
if there is a deemed disposal of an asset by the trustees of the principal settlement under section 71(1) (by virtue of paragraph 19) or section 80(2) (by virtue of paragraph 18(2)), on the specified date immediately after the deemed disposal.
3
Trustees may make a sub-fund election only if—
(a)
Conditions 1 to 4 are satisfied when the election is made, and
(b)
Conditions 2 to 4 were satisfied throughout the period beginning with the time when the election is to be treated as having taken effect and ending immediately before the election is made.
4
Condition 1 is that the principal settlement is not itself a sub-fund settlement.
5
Condition 2 is that the sub-fund is not the whole of the property comprised in the principal settlement.
6
Condition 3 is that, if the sub-fund election had taken effect, the sub-fund settlement would not consist of or include an interest in an asset any other interest in which would be comprised in the principal settlement.
7
For the purpose of Condition 3—
(a)
F71section 104(1) shall not have effect, and
(b)
“interest”, in relation to any asset, means an interest as a co-owner of the asset (whether the asset is owned jointly or in common and whether or not the interests of the co-owners are equal).
8
Condition 4 is that, if the sub-fund election had taken effect, no person would be a beneficiary under both the sub-fund settlement and the principal settlement.
9
(1)
For the purpose of Condition 4 a person is a beneficiary under a settlement—
(a)
if—
(i)
any property which is or may at any time be comprised in the settlement, or
(ii)
any derived property,
is, or will or may become, payable to him or applicable for his benefit in any circumstances whatsoever, or
(b)
if he enjoys a benefit deriving directly or indirectly from—
(i)
any property which is comprised in the settlement, or
(ii)
any derived property.
(2)
But for the purpose of Condition 4 a person is not to be regarded as a beneficiary under a settlement if property comprised in the settlement, or any derived property, will or may become payable to him or applicable for his benefit by reason only of—
(a)
his marrying, or entering into a civil partnership with, a beneficiary under the settlement,
(b)
the death of a beneficiary under the settlement,
(c)
the exercise by the trustees of the settlement of—
(i)
a power conferred by section 32 of the Trustee Act 1925 (c. 19) or section 33 of the Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.)) (powers of advancement),
(ii)
a power conferred by the law of a jurisdiction other than England and Wales or Northern Ireland which makes provision similar to the provisions specified in sub-paragraph (i), or
(iii)
a power of advancement which is conferred by the instrument creating the principal settlement, or by another instrument made in accordance with the terms of the principal settlement, and which is subject to the same restrictions as those specified in section 32(1)(a) and (c) of the Trustee Act 1925, or
(d)
the failure or determination of trusts of the kind described in section 33 of the Trustee Act 1925 (protective trusts).
(3)
In this paragraph “derived property”, in relation to any property, means—
(a)
income from that property,
(b)
property directly or indirectly representing—
(i)
proceeds of that property, or
(ii)
proceeds of income from that property, or
(c)
income from property which is derived property by virtue of paragraph (b).
Sub-fund elections: procedure
10
A sub-fund election must be made—
(a)
by notice to an officer of Revenue and Customs, and
(b)
in such form as the Commissioners for Her Majesty's Revenue and Customs may require.
11
A sub-fund election may not be made after the second 31st January after the year of assessment in which the date on which the election is to be treated as having taken effect falls.
12
A sub-fund election must contain—
(a)
a declaration by each trustee of the principal settlement that he consents to the election,
(b)
a statement by the trustees of the principal settlement that the requirement in paragraph 3 is satisfied,
(c)
such information as the Commissioners for Her Majesty's Revenue and Customs may require in relation to the principal settlement (which may, in particular, include information relating to the trustees, the trusts, property which is or has been comprised in the settlement, the settlors or the beneficiaries),
(d)
a declaration by the trustees of the principal settlement that the information given in the election is correct, to the best of their knowledge and belief, and
(e)
such other declarations as the Commissioners for Her Majesty's Revenue and Customs may require.
13
A sub-fund election may not be revoked.
Power to make enquiries
F7214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consequences of a sub-fund election
17
The sub-fund settlement shall be treated, for the purposes of this Act, as having been created at the time when the sub-fund election is treated as having taken effect.
18
(1)
Each trustee of the trusts on which the property comprised in the sub-fund settlement is held shall be treated as a trustee of the sub-fund settlement for the purposes of this Act.
(2)
A person who is a trustee of the sub-fund settlement shall be treated for the purposes of this Act, from the time when the election is treated as having taken effect, as having ceased to be a trustee of the principal settlement unless he is also a trustee of trusts on which property comprised in the principal settlement is held.
(3)
A person who is a trustee of the principal settlement shall not be treated for the purposes of this Act as a trustee of the sub-fund settlement unless he is also a trustee of trusts on which property comprised in the sub-fund settlement is held.
19
The trustees of the sub-fund settlement shall be treated for the purposes of this Act as having become absolutely entitled, at the time when the sub-fund election is treated as having taken effect, to the property comprised in that settlement as against the trustees of the principal settlement.
20
(1)
A deemed disposal by the trustees of the principal settlement of an asset under section 71(1) (by virtue of paragraph 19) or section 80(2) (by virtue of paragraph 18(2)) shall be treated as having been made at the beginning of the date on which the sub-fund election is treated as having taken effect.
(2)
If the trustees of the sub-fund settlement have acquired an asset of which the trustees of the principal settlement are deemed to have disposed under section 71(1) (by virtue of paragraph 19), they shall be deemed to have acquired it at the time when the election is treated as having taken effect.
(3)
The trustees of the principal settlement shall not be treated as having disposed of an asset under section 80(2) by virtue of paragraph 18(2) if they are treated as having disposed of the same asset under section 71(1) by virtue of paragraph 19.
21
If the trustees of the sub-fund settlement are treated by virtue of paragraph 19 as having become absolutely entitled to money expressed in sterling, for the purposes of this Act—
(a)
the trustees of the principal settlement shall be treated as having disposed of the money at the beginning of the day on which the sub-fund election is treated as having taken effect, and
(b)
the trustees of the sub-fund settlement shall be treated as having acquired the money at the time when the election is treated as having taken effect.
22
(1)
If the trustees of the principal settlement are deemed to have disposed of an asset under section 71(1) (by virtue of paragraph 19), the trustees of the principal settlement shall be treated for the purposes of sections 90 and 94 as having transferred the asset to the trustees of the sub-fund settlement.
(2)
Sub-paragraph (1) also applies where the trustees of the principal settlement would be deemed to have disposed of money expressed in sterling under subsection (1) of section 71 if in that subsection—
(a)
the reference to “assets” were a reference to “property”, and
(b)
for “their” there were substituted “
its
”
.
F73SCHEDULE 4ADisposal of interest in settled property: deemed disposal of underlying assets
Circumstances in which this Schedule applies
1
This Schedule applies where there is a disposal of an interest in settled property for consideration.
Meaning of “interest in settled property”
2
(1)
For the purposes of this Schedule an “interest in settled property” means any interest created by or arising under a settlement.
(2)
This includes any right to, or in connection with, the enjoyment of a benefit—
(a)
created by or arising directly under a settlement, or
(b)
arising as a result of the exercise of a discretion or power—
(i)
by the trustees of a settlement, or
(ii)
by any person in relation to settled property.
Meaning of “for consideration”
3
(1)
For the purposes of this Schedule a disposal is “for consideration” if consideration is given or received by any person for, or otherwise in connection with, any transaction by virtue of which the disposal is effected.
(2)
In determining for the purposes of this Schedule whether a disposal is for consideration there shall be disregarded any consideration consisting of another interest under the same settlement that has not previously been disposed of by any person for consideration.
(3)
In this Schedule “consideration” means actual consideration, as opposed to consideration deemed to be given by any provision of this Act.
Deemed disposal of underlying assets
4
(1)
Where this Schedule applies and the following conditions are met—
(a)
the condition as to UK residence of the trustees (see paragraph 5),
(b)
the condition as to UK residence of the settlor (see paragraph 6), and
(c)
the condition as to settlor interest in the settlement (see paragraph 7),
the trustees of the settlement are treated for all purposes of this Act as disposing of and immediately reacquiring the relevant underlying assets.
This is referred to below in this Schedule as the “deemed disposal”.
(2)
In paragraphs 5, 6 and 7 “the relevant year of assessment” means the year of assessment in which the disposal of the interest in settled property is made.
(3)
The deemed disposal is treated as taking place when the disposal of the interest in settled property is made.
This is subject to paragraph 13(3)(a) where the beginning of the disposal and its effective completion fall in different years of assessment.
Condition as to UK residence of trustees
5
(1)
(2)
(3)
This paragraph has effect subject to paragraph 13(3)(b) where the beginning of the disposal and its effective completion fall in different years of assessment.
Condition as to UK residence of settlor
6
(1)
(2)
Sub-paragraph (1) has effect subject to paragraph 13(3)(c) where the beginning of the disposal and its effective completion fall in different years of assessment.
(3)
No account shall be taken for the purposes of this paragraph of any year of assessment before the year 1999-00.
Condition as to settlor interest in the settlement
7
(1)
The condition as to settlor interest in the settlement is that at any time in the relevant period the settlement—
(a)
was a settlor-interested settlement, or
(b)
comprised property derived, directly or indirectly, from a settlement that at any time in that period was a settlor-interested settlement.
(2)
The relevant period for this purpose is the period—
(a)
beginning two years before the beginning of the relevant year of assessment, and
(b)
ending with the date of the disposal of the interest in settled property.
This is subject to paragraph 13(3)(d) where the beginning of the disposal and its effective completion fall in different years of assessment.
(3)
The relevant period shall not be treated as beginning before 6th April 1999.
If the rule in sub-paragraph (2) (or, where relevant, that in paragraph 13(3)(d)) would produce that result, the relevant period shall be treated as beginning on that date.
(4)
For the purposes of this paragraph a “settlor-interested settlement” means a settlement in which a person who is a settlor in relation to the settlement has an interest or had an interest at any time in the relevant period.
The provisions of section F79169F(2) to (6) apply to determine for the purposes of this paragraph whether a settlor has (or had) an interest in the settlement.
(5)
The condition as to settlor interest in the settlement is treated as not met in a year of assessment—
(a)
where the settlor dies during the year, F80...
(b)
in a case where the settlor is regarded as having an interest in the settlement by reason only of—
(i)
the fact that property is, or will or may become, payable to or applicable for the benefit of his spouse F81or civil partner, or
(ii)
the fact that a benefit is enjoyed by his spouse F81or civil partner,
(c)
in a case where the settlor is regarded as having an interest in a settlement by reason only of—
(i)
the fact that property is, or will or may become, payable to or applicable for the benefit of a dependent child of his, or
(ii)
the fact that a benefit is enjoyed by such a child,
where the settlor ceases during the year to have (and does not in that year subsequently come to have) any dependent child in relation to whom section F84169F(3A)(a) or (b) applies.
The relevant underlying assets
8
(1)
Where the interest disposed of is a right in relation to a specific fund or other defined part of the settled property, the deemed disposal is of the whole or part of each of the assets comprised in that fund or part.
In any other case the deemed disposal is of the whole or part of each of the assets comprised in the settled property.
(2)
Where the interest disposed of is an interest in a specific fraction or amount of the income or capital of—
(a)
the settled property, or
(b)
a specific fund or other defined part of the settled property,
the deemed disposal is of a corresponding part of each of the assets comprised in the settled property or, as the case may be, each of the assets comprised in that fund or part.
In any other case the deemed disposal is of the whole of each of the assets so comprised.
(3)
Sub-paragraphs (1) and (2) have effect subject to paragraph 13(4)(a) where the identity of the underlying assets changes during the period between the beginning of the disposal and its effective completion.
(4)
Where part only of an asset is comprised in a specific fund or other defined part of the settled property, that part of the asset shall be treated for the purposes of this Schedule as if it were a separate asset.
Character of deemed disposal
9
(1)
The deemed disposal shall be taken—
(a)
to be for a consideration equal to the whole or, as the case may be, a corresponding part of the market value of each of the assets concerned, and
(b)
to be a disposal under a bargain at arm’s length.
(2)
Sub-paragraph (1)(a) shall be read with paragraph 13(4)(b) where the value of the assets changes during the period between the beginning of the disposal and its effective completion.
Avoidance of double-counting
10
(1)
The provisions of this paragraph have effect to prevent there being both a deemed disposal under this Schedule in relation to the disposal of an interest in settled property and a chargeable disposal of the interest itself.
A “chargeable disposal” means one in relation to which section 76(1) does not apply.
(2)
If there would be a chargeable gain on the disposal of the interest in the settlement, then—
(a)
if—
(i)
the chargeable gain on the disposal of the interest would be greater than the net chargeable gain on the deemed disposal, or
(ii)
there would be no net chargeable gain on the deemed disposal,
the provisions of this Schedule as to a deemed disposal do not apply; and
(b)
in any other case, the provisions of this Schedule as to a deemed disposal apply and no chargeable gain is treated as accruing on the disposal of the interest in the settlement.
(3)
If there would be an allowable loss on the disposal of the interest in the settlement, then—
(a)
if there would be a greater net allowable loss on the deemed disposal, the provisions of this Schedule as to a deemed disposal do not apply; and
(b)
in any other case, the provisions of this Schedule as to a deemed disposal apply and no allowable loss is treated as accruing on the disposal of the interest in the settlement.
(4)
If there would be neither a chargeable gain nor an allowable loss on the disposal of the interest in the settlement, then—
(a)
if there would be a net allowable loss on the deemed disposal, the provisions of this Schedule as to a deemed disposal do not apply; and
(b)
in any other case, the provisions of this Schedule as to a deemed disposal apply.
(5)
For the purposes of this paragraph—
(a)
there is a net chargeable gain on a deemed disposal if the aggregate of the chargeable gains accruing to the trustees in respect of the assets involved exceeds the aggregate of the allowable losses so accruing; and
(b)
there is a net allowable loss on a deemed disposal if the aggregate of the allowable losses accruing to the trustees in respect of the assets involved exceeds the aggregate of the chargeable gains so accruing.
Recovery of tax from person disposing of interest
11
(1)
This paragraph applies where chargeable gains accrue to the trustees on the deemed disposal and—
(a)
tax becomes chargeable on and is paid by the trustees in respect of those gains, or
(b)
a person who is a settlor in relation to the settlement recovers from the trustees under section 78 an amount of tax in respect of those gains.
(2)
The trustees are entitled to recover the amount of the tax referred to in sub-paragraph (1)(a) or (b) from the person who disposed of the interest in the settlement.
(3)
For this purpose the trustees may require an inspector to give that person a certificate specifying—
(a)
the amount of the gains in question, and
(b)
the amount of tax that has been paid.
Any such certificate shall be conclusive evidence of the facts stated in it.
Meaning of “settlor”
12
Cases where there is a period between the beginning of the disposal and its effective completion
13
(1)
This paragraph applies in a case where there is a period between the beginning of the disposal of an interest in settled property and the effective completion of the disposal.
(2)
For the purposes of this Schedule—
(a)
the beginning of the disposal is—
(i)
in the case of a disposal involving the exercise of an option, when the option is granted, and
(ii)
in any other case of a disposal under a contract, when the contract is entered into; and
(b)
the effective completion of the disposal means the point at which the person acquiring the interest becomes for practical purposes unconditionally entitled to the whole of the intended subject matter of the disposal.
(3)
Where this paragraph applies and the beginning of the disposal and its effective completion fall in different years of assessment—
(a)
the deemed disposal is treated as taking place in the year of assessment in which the disposal is effectively completed;
(b)
the condition in paragraph 5 (condition as to residence of trustees) is treated as met if it is met in relation to either of those years of assessment or any intervening year;
(c)
the condition in paragraph 6 (condition as to residence of settlor) is treated as met if it is met in relation to either or both of those years of assessment or any intervening year; and
(d)
the relevant period for the purposes of paragraph 7 (condition as to settlor interest) is the period—
(i)
beginning two years before the beginning of the first of those years of assessment, and
(ii)
ending with the effective completion of the disposal.
(4)
If the identity or value of the underlying assets changes during the period between the beginning of the disposal and its effective completion, the following provisions apply—
(a)
an asset is treated as comprised in the settled property and, where relevant, in any specific fund or other defined part of the settled property to which the deemed disposal relates if it is so comprised at any time in that period;
(b)
the market value of any asset for the purposes of the deemed disposal is taken to be its highest market value at any time during that period.
(5)
The provisions in sub-paragraph (4) do not apply to an asset if during that period it is disposed of by the trustees under a bargain at arm’s length and is not reacquired.
Exception: maintenance funds for historic buildings
14
If the trustees of a settlement have elected that F87508 of ITA 2007 (trustees' election in respect of income arising from heritage maintenance property) shall have effect in the case of a settlement or part of a settlement in relation to a year of assessment, this Schedule does not apply in relation to the settlement or part for that year.
F88SCHEDULE 4BTransfers of value by trustees linked with trustee borrowing
General scheme of this Schedule
1
(1)
This Schedule applies where trustees of a settlement—
(a)
make a transfer of value (see paragraph 2) in a year of assessment in which the settlement is within section F89... 86 or 87 (see paragraph 3), and
(b)
in accordance with this Schedule the transfer of value is treated as linked with trustee borrowing (see paragraphs 4 to 9).
(2)
Where this Schedule applies the trustees are treated as disposing of and immediately reacquiring the whole or a proportion of each of the chargeable assets that continue to form part of the settled property (see paragraphs 10 to 13).
Transfers of value
2
(1)
For the purposes of this Schedule trustees of a settlement make a transfer of value if they—
(a)
lend money or any other asset to any person,
(b)
transfer an asset to any person and receive either no consideration or a consideration whose amount or value is less than the market value of the asset transferred, or
(c)
issue a security of any description to any person and receive either no consideration or a consideration whose amount or value is less than the value of the security.
(2)
References in this Schedule to “the material time”, in relation to a transfer of value, are to the time when the loan is made, the transfer is effectively completed or the security is issued.
The effective completion of a transfer means the point at which the person acquiring the asset becomes for practical purposes unconditionally entitled to the whole of the intended subject matter of the transfer.
(3)
In the case of a loan, the amount of value transferred is taken to be the market value of the asset.
(4)
In the case of a transfer, the amount of value transferred is taken to be—
(a)
if any part of the value of the asset is attributable to trustee borrowing, the market value of the asset;
(b)
if no part of the value of the asset is attributable to trustee borrowing, the market value of the asset reduced by the amount or value of any consideration received for it.
Paragraph 12 below explains what is meant by the value of an asset being attributable to trustee borrowing.
(5)
In the case of the issue of a security, the amount of value transferred shall be taken to be the value of the security reduced by the amount or value of any consideration received by the trustees for it.
(6)
References in this paragraph to the value of an asset are to its value immediately before the material time, unless the asset does not exist before that time in which case its value immediately after that time shall be taken.
Settlements within section F90... 86 or 87
3
(1)
This paragraph explains what is meant in this Schedule by a settlement being “within section F91... 86 or 87” in a year of assessment.
F92(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
A settlement is “within section 86” in a year of assessment if, assuming—
(a)
that there were chargeable gains accruing to the trustees by virtue of disposals of any of the settled property originating from the settlor, and
(b)
that the other elements of the condition in subsection (1)(e) of that section were met,
chargeable gains would, under that section, be treated as accruing to the settlor in that year.
Expressions used in this sub-paragraph have the same meaning as in section 86.
F93(4)
A settlement is “within section 87” for a tax year if—
(a)
section 87 applies to the settlement for that year, or
(b)
chargeable gains would be treated under section 89(2) as accruing in that year to a beneficiary who received a capital payment from the trustees of the settlement in that year.
(5)
The reference in subsection (4)(b) to chargeable gains treated as accruing includes offshore income gains treated as arising.
Trustee borrowing
4
(1)
For the purposes of this Schedule trustees of a settlement are treated as borrowing if—
(a)
money or any other asset is lent to them, or
(b)
an asset is transferred to them and in connection with the transfer the trustees assume a contractual obligation (whether absolute or conditional) to restore or transfer to any person that or any other asset.
In the following provisions of this Schedule “loan obligation” includes any such obligation as is mentioned in paragraph (b).
(2)
The amount borrowed (the “proceeds” of the borrowing) is taken to be—
(a)
in the case of a loan, the market value of the asset;
(b)
in the case of a transfer, the market value of the asset reduced by the amount or value of any consideration received for it.
(3)
References in this paragraph to the market value of an asset are to its market value immediately before the loan is made, or the transfer is effectively completed, unless the asset does not exist before that time in which case its market value immediately after that time shall be taken.
The effective completion of a transfer means the point at which the person acquiring the asset becomes for practical purposes unconditionally entitled to the whole of the intended subject matter of the transfer.
Transfer of value linked with trustee borrowing
5
(1)
For the purposes of this Schedule a transfer of value by trustees is treated as linked with trustee borrowing if at the material time there is outstanding trustee borrowing.
(2)
For the purposes of this Schedule there is outstanding trustee borrowing at any time to the extent that—
(a)
any loan obligation is outstanding, and
(b)
there are proceeds of trustee borrowing that have not been either—
(i)
applied for normal trust purposes, or
(ii)
taken into account under this Schedule in relation to an earlier transfer of value.
(3)
An amount of trustee borrowing is “taken into account” under this Schedule in relation to a transfer of value if the transfer of value is in accordance with this Schedule treated as linked with trustee borrowing.
The amount so taken into account is—
(a)
the amount of the value transferred by that transfer of value, or
(b)
if less, the amount of outstanding trustee borrowing at the material time in relation to that transfer of value.
Application of proceeds of borrowing for normal trust purposes
6
(1)
For the purposes of this Schedule the proceeds of trustee borrowing are applied for normal trust purposes in the following circumstances, and not otherwise.
(2)
They are applied for normal trust purposes if they are applied by the trustees in making a payment in respect of an ordinary trust asset and the following conditions are met—
(a)
the payment is made under a transaction at arm’s length or is not more than the payment that would be made if the transaction were at arm’s length;
(b)
the asset forms part of the settled property immediately after the material time or, if it does not do so, the alternative condition in paragraph 8 below is met; and
(c)
the sum paid is (or but for section 17 or 39 would be) allowable under section 38 as a deduction in computing a gain accruing to the trustees on a disposal of the asset.
(3)
They are applied for normal trust purposes if—
(a)
they are applied by the trustees in wholly or partly discharging a loan obligation of the trustees, and
(b)
the whole of the proceeds of the borrowing connected with that obligation (or all but an insignificant amount) have been applied by the trustees for normal trust purposes.
(4)
They are applied for normal trust purposes if they are applied by the trustees in making payments to meet bona fide current expenses incurred by them in administering the settlement or any of the settled property.
Ordinary trust assets
7
(1)
The following are “ordinary trust assets” for the purposes of this Schedule—
(a)
shares or securities;
(b)
tangible property, whether movable or immovable, or a lease of such property;
(c)
property not within paragraph (a) or (b) which is used for the purposes of a trade, profession or vocation carried on—
(i)
by the trustees, or
(ii)
by a beneficiary who has an interest in possession in the settled property;
(d)
any right in or over, or any interest in, property of a description within paragraph (b) or (c).
(2)
In sub-paragraph (1)(a) “securities” has the same meaning as in section 132.
The alternative condition for assets no longer part of the settled property
8
(1)
The alternative condition referred to in paragraph 6(2)(b) in relation to an asset which no longer forms part of the settled property is that—
(a)
the asset is treated as having been disposed of by virtue of section 24(1), or
(b)
one or more ordinary trust assets which taken together directly or indirectly represent the asset—
(i)
form part of the settled property immediately after the material time, or
(ii)
are treated as having been disposed of by virtue of section 24(1).
(2)
Where there has been a part disposal of the asset, the condition in paragraph 6(2)(b) and the provisions of sub-paragraph (1) above may be applied in any combination in relation to the subject matter of the part disposal and what remains.
(3)
References in this paragraph to an asset include part of an asset.
Normal trust purposes: power to make provision by regulations
9
(1)
The Treasury may make provision by regulations as to the circumstances in which the proceeds of trustee borrowing are to be treated for the purposes of this Schedule as applied for normal trust purposes.
(2)
The regulations may—
(a)
add to, amend or repeal any of the provisions of paragraphs 6 to 8 above,
(b)
make different provision for different cases, and
(c)
contain such supplementary, incidental, consequential and transitional provision as the Treasury may think fit.
Deemed disposal of remaining chargeable assets
10
(1)
Where in accordance with this Schedule a transfer of value by trustees is treated as linked with trustee borrowing, the trustees are treated for all purposes of this Act—
(a)
as having at the material time disposed of, and
(b)
as having immediately reacquired,
the whole or a proportion (see paragraph 11) of each of the chargeable assets that form part of the settled property immediately after the material time (“the remaining chargeable assets”).
(2)
The deemed disposal and reacquisition shall be taken—
(a)
to be for a consideration equal to the whole or, as the case may be, a proportion of the market value of each of those assets, and
(b)
to be under a bargain at arm’s length.
(3)
For the purposes of sub-paragraph (1) an asset is a chargeable asset if a gain on a disposal of the asset by the trustees at the material time would be a chargeable gain.
Whether deemed disposal is of whole or a proportion of the assets
11
(1)
This paragraph provides for determining whether the deemed disposal and reacquisition is of the whole or a proportion of each of the remaining chargeable assets.
(2)
If the amount of value transferred—
(a)
is less than the amount of outstanding trustee borrowing, and
(b)
is also less than the effective value of the remaining chargeable assets,
the deemed disposal and reacquisition is of the proportion of each of the remaining chargeable assets given by:
where—
VT is the amount of value transferred, and
EV is the effective value of the remaining chargeable assets.
(3)
If the amount of value transferred—
(a)
is not less than the amount of outstanding trustee borrowing, but
(b)
is less than the effective value of the remaining chargeable assets,
the deemed disposal and reacquisition is of the proportion of each of the remaining chargeable assets given by:
where—
TB is the amount of outstanding trustee borrowing, and
EV is the effective value of the remaining chargeable assets.
(4)
In any other case the deemed disposal and reacquisition is of the whole of each of the remaining chargeable assets.
(5)
For the purposes of this paragraph the effective value of the remaining chargeable assets means the aggregate market value of those assets reduced by so much of that value as is attributable to trustee borrowing.
(6)
References in this paragraph to amounts or values, except in relation to the amount of value transferred, are to amounts or values immediately after the material time.
Value attributable to trustee borrowing
12
(1)
For the purposes of this Schedule the value of an asset is attributable to trustee borrowing to the extent determined in accordance with the following rules.
(2)
Where the asset itself has been borrowed by trustees, the value of the asset is attributable to trustee borrowing to the extent that the proceeds of that borrowing have not been applied for normal trust purposes.
This is in addition to any extent to which the value of the asset may be attributable to trustee borrowing by virtue of sub-paragraph (3).
(3)
The value of any asset is attributable to trustee borrowing to the extent that—
(a)
the trustees have applied the proceeds of trustee borrowing in acquiring or enhancing the value of the asset, or
(b)
the asset represents directly or indirectly an asset whose value was attributable to the trustees having so applied the proceeds of trustee borrowing.
(4)
For the purposes of this paragraph an amount is applied by the trustees in acquiring or enhancing the value of an asset if it is applied wholly and exclusively by them—
(a)
as consideration in money or money’s worth for the acquisition of the asset,
(b)
for the purpose of enhancing the value of the asset in a way that is reflected in the state or nature of the asset,
(c)
in establishing, preserving or defending their title to, or to a right over, the asset, or
(d)
where the asset is a holding of shares or securities that is treated as a single asset, by way of consideration in money or money’s worth for additional shares or securities forming part of the same holding.
(5)
Trustees are treated as applying the proceeds of borrowing as mentioned in sub-paragraph (4) if and to the extent that at the time the expenditure is incurred there is outstanding trustee borrowing.
(6)
In sub-paragraph (4)(d) “securities” has the same meaning as in section 132.
Assets and transfers
13
(1)
In this Schedule any reference to an asset includes money expressed in sterling.
References to the value or market value of such an asset are to its amount.
(2)
Subject to sub-paragraph (3), references in this Schedule to the transfer of an asset include anything that is or is treated as a disposal of the asset for the purposes of this Act, or would be if sub-paragraph (1) above applied generally for the purposes of this Act.
(3)
References in this Schedule to a transfer of an asset do not include a transfer of an asset that is created by the part disposal of another asset.
F94SCHEDULE 4CTransfers of value: attribution of gains to beneficiaries
F95Introduction
1
(1)
This Schedule applies where the trustees of a settlement (“the transferor settlement”) make a transfer of value to which Schedule 4B applies (“the original transfer”).
F96(2)
The transferor settlement is regarded for the purposes of this Schedule as having a “Schedule 4C pool”.
(3)
The Schedule 4C pool contains the section 2(2) amounts for the settlement that are outstanding at the end of the tax year in which the original transfer is made (see paragraph 1A).
(3A)
The section 2(2) amount for that tax year is increased by—
(a)
the amount of Schedule 4B trust gains accruing by virtue of the original transfer (see paragraphs 3 to 7), and
(b)
the total amount of any further Schedule 4B trust gains accruing by virtue of any further transfers of value to which that Schedule applies that are made by the trustees in that tax year.
(4)
Paragraphs 8 to 9 provide for the attribution of gains in a settlement’s Schedule 4C pool.
(5)
References in this Schedule to a transfer to which Schedule 4B applies include any such transfer, whether or not any chargeable gain or allowable loss accrues under that Schedule by virtue of the transfer.
F97Outstanding section 2(2) amounts
1A
(1)
The following steps are to be taken for the purpose of calculating the section 2(2) amounts for a settlement that are outstanding at the end of a tax year (“the relevant tax year”).
Step 1
Find the section 2(2) amount for the settlement for the relevant tax year and earlier tax years, as reduced under section 87A as it applies for the relevant tax year and earlier tax years.
Step 2
This Step applies if, by virtue of the matching of the section 2(2) amount for the settlement for a tax year (“the applicable year”) with a capital payment, chargeable gains are treated under section 87 or 89(2) as accruing in the relevant tax year to a beneficiary who is not chargeable to tax for that year.
Increase the section 2(2) amount for the applicable year (found under Step 1) by the amount of the chargeable gains.
(2)
For the purposes of Step 1 of sub-paragraph (1) take into account the effect of section 90 in relation to any transfer of settled property from or to the trustees of the settlement made in or before the relevant tax year.
(3)
For the purposes of this Schedule a beneficiary is “chargeable to tax” for a tax year ifF98, as respects that year, the beneficiary meets the residence condition set out in section 2(1A).
Computation of Schedule 4B trust gains
3
(1)
This paragraph explains what is meant for the purposes of this Schedule by “Schedule 4B trust gains”.
(2)
The Schedule 4B trust gains are computed in relation to each transfer of value to which that Schedule applies.
(3)
In relation to a transfer of value the amount of the Schedule 4B trust gains for the purposes of this Schedule is given by—
where—
CA is the chargeable amount computed under paragraph 4 or 5 below,
SG is the amount of any gains attributed to the settlor that fall to be deducted under paragraph 6 below, and
AL is the amount of any allowable losses that may be deducted under paragraph 7 below.
Chargeable amount: non-resident settlement
4
(1)
(2)
Where this paragraph applies the chargeable amount is the amount on which the trustees would have been chargeable to tax under section 2(2) by virtue of Schedule 4B if they had been F101resident F102... in the United Kingdom in the year F103(and had made the disposals which Schedule 4B treats them as having made).
Chargeable amount: dual resident settlement
5
(1)
If the transfer of value is made in a year of assessment where—
(a)
(b)
the chargeable amount is computed under this paragraph.
(2)
Where this paragraph applies the chargeable amount is the lesser of—
(a)
the amount on which the trustees would be chargeable to tax under section 2(2) by virtue of Schedule 4B on the assumption that the double taxation relief arrangements did not apply F108(and the disposals which Schedule 4B treats them as having made were made), and
(b)
the amount on which the trustees would be so chargeable to tax by virtue of disposals of protected assets.
(3)
For this purpose “protected assets” has the meaning given by section 88(4).
Gains attributed to settlor
6
(1)
For the purposes of this Schedule the chargeable amount in relation to a transfer of value shall be reduced by F109the amount of any chargeable gains arising by virtue of that transfer of value that—
(a)
are by virtue of section 86(4) treated as accruing to the settlor, or
(b)
where section 10A applies, are treated by virtue of that section (as it has effect subject to paragraph 12 below) as accruing to the settlor in the F110period of return.
F111(1A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
In determining for the purposes of sub-paragraph (1)(a) the amount of chargeable gains arising by virtue of a transfer of value that are treated as accruing to the settlor, there shall be disregarded any losses which arise otherwise than by virtue of Schedule 4B.
F112(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reduction for allowable losses
7
(1)
An allowable loss arising under Schedule 4B in relation to a transfer of value by the trustees of a settlement may be taken into account in accordance with this paragraph to reduce for the purposes of this Schedule the chargeable amount in relation to another transfer of value by those trustees.
(2)
Any such allowable loss goes first to reduce chargeable amounts arising from other transfers of value made in the same year of assessment.
If there is more than one chargeable amount and the aggregate amount of the allowable losses is less than the aggregate of the chargeable amounts, each of the chargeable amounts is reduced proportionately.
(3)
If in any year of assessment the aggregate amount of the allowable losses exceeds the aggregate of the chargeable amounts, the excess shall be carried forward to the next year of assessment and treated for the purposes of this paragraph as if it were an allowable loss arising in relation to a transfer of value made in that year.
(4)
Any reduction of a chargeable amount under this paragraph is made after any deduction under paragraph 6.
F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1147A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115Gains to be brought into pool on subsequent transfer of value
F1167B
(1)
This paragraph applies if the trustees of the transferor settlement make a further transfer of value to which Schedule 4B applies in a tax year (“the year of the transfer”) after the tax year mentioned in paragraph 1(3).
(2)
If the settlement has a Schedule 4C pool at the beginning of the year of the transfer—
(a)
the section 2(2) amounts in the Schedule 4C pool are increased by the section 2(2) amounts for the settlement that are outstanding at the end of the year of the transfer, and
(b)
the section 2(2) amount in the pool for the year of transfer is increased (or further increased) by the amount of Schedule 4B trust gains accruing by virtue of the further transfer.
(3)
If the settlement does not have a Schedule 4C pool at the beginning of the year of the transfer, this Schedule applies in relation to the further transfer as it applied in relation to the original transfer.
(4)
For the purposes of this paragraph a settlement has a Schedule 4C pool until the end of the tax year in which all section 2(2) amounts in the pool have been reduced to nil.
F117Attribution of Schedule 4C gains to beneficiaries
F1188
(1)
Chargeable gains are treated as accruing in a tax year (“the relevant tax year”) to a beneficiary who has received a capital payment from the trustees of a relevant settlement in the relevant tax year or any earlier tax year if all or part of the capital payment is matched (under section 87A as it applies for the relevant tax year) with the section 2(2) amount in the Schedule 4C pool for the relevant tax year or any earlier tax year.
(2)
The amount of chargeable gains treated as accruing is equal to—
(a)
the amount of the capital payment, or
(b)
if only part of the capital payment is matched, the amount of that part.
(3)
Section 87A applies for a tax year for the purposes of matching capital payments received from the trustees of a relevant settlement with section 2(2) amounts in the Schedule 4C pool as if—
(a)
references to section 2(2) amounts were to section 2(2) amounts in the Schedule 4C pool,
(b)
references to a capital payment received from the trustees by a beneficiary were to a capital payment received from the trustees of a relevant settlement by a beneficiary who is chargeable to tax for that year, and
(c)
“(b)
all section 2(2) amounts in the Schedule 4C pool have been reduced to nil.”
(4)
Section 87A applies for a tax year by virtue of this paragraph before it applies for that year otherwise than by virtue of this paragraph; but this is subject to sub-paragraph (5).
(5)
If section 87A applies for a tax year by virtue of section 762(3) of the Taxes Act (offshore income gains), it applies for that year by virtue of that provision before it applies for that year by virtue of this paragraph.
F117Relevant settlements
8A
(1)
This paragraph specifies what settlements are relevant settlements in relation to a Schedule 4C pool.
(2)
The transferor and transferee settlements in relation to the original transfer of value are relevant settlements.
(3)
If the trustees of any settlement that is a relevant settlement in relation to a Schedule 4C pool—
(a)
make a transfer of value to which Schedule 4B applies, or
(b)
make a transfer of settled property to which section 90 applies,
any settlement that is a transferee settlement in relation to that transfer is also a relevant settlement in relation to that pool.
(4)
If the trustees of a settlement that is a relevant settlement in relation to a Schedule 4C pool make a transfer of value to which Schedule 4B applies, any other settlement that is a relevant settlement in relation to that pool is also a relevant settlement in relation to the Schedule 4C pool arising from the further transfer.
F119Attribution of gains: remittance basis
8AA
Section 87B (remittance basis) applies in relation to chargeable gains treated under paragraph 8 as accruing as it applies in relation to chargeable gains treated under section 87 as accruing.
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1218B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F117Attribution of gains: Schedule 4C pool gains and other gains
F1228C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123Attribution of gains: disregard of certain capital payments
9
(1)
For the purposes of paragraph 8 (and section 87A as it applies for the purposes of that paragraph), no account is to be taken of a capital payment to which any of sub-paragraphs (2) to (4) applies (or a part of a capital payment to which sub-paragraph (4) applies).
(2)
This sub-paragraph applies to a capital payment received before the tax year preceding the tax year in which the original transfer is made.
(3)
This sub-paragraph applies to a capital payment that—
(a)
is received by a beneficiary of a settlement from the trustees in a tax year during the whole of which the trustees—
(i)
are resident F124... in the United Kingdom, and
(ii)
are not Treaty non-resident,
(b)
was made before any transfer of value to which Schedule 4B applies was made, and
(c)
was not made in anticipation of the making of any such transfer of value or of chargeable gains accruing under that Schedule.
(4)
This sub-paragraph applies to a capital payment if (and to the extent that) it is received (or treated as received) in a tax year from the trustees by a company that—
(a)
is not resident in the United Kingdom in that year, and
(b)
would be a close company if it were resident in the United Kingdom,
(and is not treated under any of subsections (3) to (5) of section 96 as received by another person).
Residence of trustees from whom capital payment received
10
(1)
F129(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taper relief
F13111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attribution of gains to settlor in section 10A cases
12
F132(1)
This paragraph applies if—
F133(a)
by virtue of section 10A, an amount of chargeable gains within section 86(1)(e) that accrued in a tax year (“year A”) to the trustees of a settlement would be treated as accruing to a person (“the settlor”) in the period of return, and
(b)
after paragraph 8 has applied for the year of return, the section 2(2) amount for F134year A that is in the Schedule 4C pool for the settlement is less than the amount mentioned in paragraph (a).
(2)
The amount of chargeable gains treated as mentioned in sub-paragraph (1)(a) as accruing to the settlor in the F135period of return is limited to the section 2(2) amount referred to in sub-paragraph (1)(b).
(4)
Where the property comprised in the transferor settlement has at any time included property not originating from the settlor, only so much (if any) of any capital payment taken into account for the purposes of paragraph 8 above as, on a just and reasonable apportionment, is properly referable to property originating from the settlor shall be taken into account in computing the amount charged to beneficiaries.
(5)
Expressions used in this paragraph and section 10A have the same meanings in this paragraph as in that section; and paragraph 8 of Schedule 5 shall apply for the construction of the references in sub-paragraph (4) above to property originating from the settlor as it applies for the purposes of that Schedule.
F136Attribution of gains to beneficiaries in section 10A cases
12A
(1)
(2)
Where this paragraph applies, a capital payment equal to so much of that capital payment as exceeds the amount otherwise charged shall be deemed for the purposes of this Schedule to be made to the beneficiary in the year of return.
(3)
The “amount otherwise charged” means the total of any chargeable gains attributed to the beneficiary under section F13987(2) or 89(2) by virtue of the capital payment.
(4)
For the purposes of paragraph 13(5)(b) a deemed capital payment under this paragraph shall be treated as made when the actual capital payment mentioned in sub-paragraph (1) above was made.
(5)
Expressions used in this paragraph and section 10A have the same meanings in this paragraph as in that section.
Increase in tax payable under this Schedule
13
F140(1)
This paragraph applies if—
(a)
chargeable gains are treated under paragraph 8 as accruing to a beneficiary by virtue of the matching (under section 87A) of all or part of a capital payment with the section 2(2) amount for a tax year (“the relevant tax year”), and
(b)
the beneficiary is charged to tax by virtue of the matching.
(1A)
Where part of a capital payment is matched, references in sub-paragraphs (2) and (3) to the capital payment are to the part matched.
(2)
The tax payable by the beneficiary in respect of the payment shall be increased by the amount found under sub-paragraph (3) below, except that it shall not be increased beyond the amount of the payment; and an assessment may charge tax accordingly.
(3)
The amount is one equal to the interest that would be yielded if an amount equal to the tax which would be payable by the beneficiary in respect of the payment (apart from this paragraph) carried interest for the chargeable period at the specified rate.
The “specified rate” means the rate for the time being specified in section 91(3).
(4)
The chargeable period is the period which—
(a)
begins with the later of the 2 days specified in sub-paragraph (5) below, and
(b)
ends with 30th November in the year of assessment following that in which the capital payment is made.
(5)
The 2 days are—
(a)
1st December in the F141tax year immediately after the relevant tax year, and
(b)
1st December falling 6 years before 1st December in the year of assessment following that in which the capital payment is made.
F142Effect of settlement ceasing to exist after transfer of value
13A
Where a settlement ceases to exist after the trustees have made a transfer of value to which Schedule 4B applies, this Schedule has effect as if a year of assessment had ended immediately before the settlement ceased to exist.
Interpretation
14
(1)
In this Schedule—
(a)
“transfer of value” has the same meaning as in Schedule 4B; and
(b)
references to the time at which a transfer of value was made are to the time which is the material time for the purposes of that Schedule.
(2)
In this Schedule, in relation to a transfer of value—
(a)
references to the transferor settlement are to the settlement the trustees of which made the transfer of value; and
(b)
references to a transferee settlement are to any settlement of which the settled property includes property representing, directly or indirectly, the proceeds of the transfer of value.
(3)
References in this Schedule to beneficiaries of a settlement include—
(a)
persons who have ceased to be beneficiaries by the time the chargeable gains accrue, and
(b)
persons who were beneficiaries of the settlement before it ceased to exist,
but who were beneficiaries of the settlement at a time in a previous year of assessment when a capital payment was made to them.
SCHEDULE 5 Attribution of gains to settlors with interest in non-resident or dual resident settlement
Construction of section 86(1)(e)
1
(1)
In construing section 86(1)(e) as regards a particular year of assessment, the effect of F143section 3 shall be ignored.
(2)
In construing section 86(1)(e) as regards a particular year of assessment—
(a)
any deductions provided for by section 2(2) shall be made in respect of disposals of any of the settled property originating from the settlor, and
(b)
section 16(3) shall be assumed not to prevent losses accruing to trustees in one year of assessment from being allowed as a deduction from chargeable gains accruing in a later year of assessment (so far as not previously set against gains).
(3)
In a case where—
(a)
the trustees F144are participators in a company in respect of property which originates from the settlor, and
(b)
under section 13 gains or losses would be treated as accruing to the trustees in a particular year of assessment by virtue of F145so much of their interest as participators as arises from that property if the assumption as to residence specified in section 86(3) were made,
the gains or losses shall be taken into account in construing section 86(1)(e) as regards that year as if they had accrued by virtue of disposals of settled property originating from the settlor.
F146Subsections (12) and (13) of section 13 shall apply for the purposes of this sub-paragraph as they apply for the purposes of that section.
(4)
Where, as regards a particular year of assessment, there would be an amount under section 86(1)(e) (apart from this sub-paragraph) and the trustees fall within section 86(2)(b), the following rules shall apply—
(a)
assume that the references in section 86(1)(e) and sub-paragraphs (2)(a) and (3) above to settled property originating from the settlor were to such of it as constitutes protected assets;
(b)
assume that the reference in sub-paragraph (3)(a) above to shares originating from the settlor were to such of them as constitute protected assets;
(c)
find the amount (if any) which would be arrived at under section 86(1)(e) on those assumptions;
(d)
if no amount is so found there shall be deemed to be no amount for the purposes of section 86(1)(e);
(e)
if an amount is found under paragraph (c) above it must be compared with the amount arrived at under section 86(1)(e) apart from this sub-paragraph. and the smaller of the 2 shall be taken to be the amount arrived at under section 86(1)(e).
(5)
Sub-paragraphs (2) to (4) above shall have effect subject to sub-paragraphs (6) and (7) below.
(6)
The following rules shall apply in construing section 86(1)(e) as regards a particular year of assessment (“the year concerned”) in a case where the trustees fall within section 86(2)(a)—
(a)
if the conditions mentioned in section 86(1) are not fulfilled as regards the settlement in any year of assessment falling before the year concerned, no deductions shall be made in respect of losses accruing before the year concerned;
(b)
if the conditions mentioned in section 86(1) are fulfilled as regards the settlement in any year or years of assessment falling before the year concerned, no deductions shall be made in respect of losses accruing before that year (or the first of those years) so falling,
but nothing in the preceding provisions of this sub-paragraph shall prevent deductions being made in respect of losses accruing in a year of assessment in which the conditions mentioned in section 86(1)(a) to (d) and (f) are fulfilled as regards the settlement.
(7)
In construing section 86(1)(e) as regards a particular year of assessment and in relation to a settlement created before 19th March 1991, no account shall be taken of disposals made before 19th March 1991 (whether for the purpose of arriving at gains or for the purpose of arriving at losses).
(8)
For the purposes of sub-paragraph (4) above assets are protected assets if—
(a)
they are of a description specified in the arrangements mentioned in section 86(2)(b), and
(b)
were the trustees to dispose of them at any relevant time, the trustees would fall to be regarded for the purposes of the arrangements as not liable in the United Kingdom to tax on gains accruing to them on the disposal.
(9)
For the purposes of sub-paragraph (8) above—
(a)
the assumption as to residence specified in section 86(3) shall be ignored;
(b)
a relevant time is any time, in the year of assessment concerned, when the trustees fall to be regarded for the purposes of the arrangements as resident in a territory outside the United Kingdom;
(c)
if different assets are identified by reference to different relevant times, all of them are protected assets.
Test whether settlor has interest
2
(1)
For the purposes of section 86(1)(d) a settlor has an interest in a settlement if—
(a)
any relevant property which is or may at any time be comprised in the settlement is, or will or may become, applicable for the benefit of or payable to a defined person in any circumstances whatever,
(b)
any relevant income which arises or may arise under the settlement is, or will or may become, applicable for the benefit of or payable to a defined person in any circumstances whatever, or
(c)
any defined person enjoys a benefit directly or indirectly from any relevant property which is comprised in the settlement or any relevant income arising under the settlement;
but this sub-paragraph is subject to sub-paragraphs (4) to (6) F147and paragraph 2A below.
(2)
For the purposes of sub-paragraph (1) above—
(a)
relevant property is property originating from the settlor,
(b)
relevant income is income originating from the settlor.
(3)
For the purposes of sub-paragraph (1) above each of the following is a defined person—
(a)
the settlor,
(b)
the settlor’s spouse F148or civil partner;
(c)
any child of the settlor or of the settlor’s spouse F148or civil partner;
(d)
the spouse F148or civil partner of any such child;
(db)
the spouse F148or civil partner of any such grandchild;
(e)
a company controlled by a person or persons falling within paragraphs (a) to F150(db) above;
(f)
a company associated with a company falling within paragraph (e) above.
(4)
A settlor does not have an interest in a settlement by virtue of paragraph (a) of sub-paragraph (1) above at any time when none of the property concerned can become applicable or payable as mentioned in that paragraph except in the event of—
(a)
the bankruptcy of some person who is or may become beneficially entitled to the property,
(b)
any assignment of or charge on the property being made or given by some such person,
F151(c)
in the case of a marriage settlement or civil partnership settlement, the death of both parties to the marriage or civil partnership and of all or any of the children of the family of the parties to the marriage or civil partnership, or
(d)
the death under the age of 25 or some lower age of some person who would be beneficially entitled to the property on attaining that age.
F152(4A)
In sub-paragraph (4) “child of the family”, in relation to parties to a marriage or civil partner, means a child of one or both of them.
(5)
A settlor does not have an interest in a settlement by virtue of paragraph (a) of sub-paragraph (1) above at any time when some person is alive and under the age of 25 if during that person’s life none of the property concerned can become applicable or payable as mentioned in that paragraph except in the event of that person becoming bankrupt or assigning or charging his interest in the property concerned.
(6)
Sub-paragraphs (4) and (5) above apply for the purposes of paragraph (b) of sub-paragraph (1) above as they apply for the purposes of paragraph (a), reading “
income
”
for “property".
F153(7)
In this paragraph—
“child” includes a stepchild; and
“grandchild” means a child of a child.
(8)
For the purposes of sub-paragraph (3) above the question whether a company is controlled by a person or persons shall be construed in accordance with F154sections 450 and 451 of CTA 2010; but in deciding that question for those purposes no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F155section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
(9)
For the purposes of sub-paragraph (3) above the question whether a company is associated with another shall be construed in accordance with F156section 449 of CTA 2010; but where in deciding that question for those purposes it falls to be decided whether a company is controlled by a person or persons, no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F157section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
(10)
In sub-paragraphs (8) and (9) “participator” has the meaning given by F158section 454 of CTA 2010.
F159Settlements created before 17th March 1998
2A
(1)
In determining for the purposes of section 86(1)(d) whether the settlor has an interest at any time during any year of assessment in a settlement created before 17th March 1998, paragraphs (da) and (db) of paragraph 2(3) above, and the reference to those paragraphs in paragraph 2(3)(e), shall be disregarded unless—
(a)
that year is a year in which one of the four conditions set out in the following provisions of this paragraph becomes fulfilled as regards the settlement; or
(b)
one of those conditions became fulfilled as regards that settlement in any previous year of assessment ending on or after 5th April 1998.
(2)
The first condition is (subject to sub-paragraph (3) below) that on or after 17th March 1998 property or income is provided directly or indirectly for the purposes of the settlement—
(a)
otherwise than under a transaction entered into at arm’s length, and
(b)
otherwise than in pursuance of a liability incurred by any person before that date.
(3)
For the purposes of the first condition, where the settlement’s expenses relating to administration and taxation for a year of assessment exceed its income for the year, property or income provided towards meeting those expenses shall be ignored if the value of the property or income so provided does not exceed the difference between the amount of those expenses and the amount of the settlement’s income for the year.
(4)
The second condition is that—
(a)
the trustees F160cease on or after 17 March 1998 to be resident in the United Kingdom, or
(b)
the trustees, while continuing to be resident F161... in the United Kingdom, become on or after 17th March 1998 trustees who fall to be regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom.
(5)
The third condition is that on or after 17th March 1998 the terms of the settlement are varied so that any person falling within sub-paragraph (7) below becomes for the first time a person who will or might benefit from the settlement.
(6)
The fourth condition is that—
(a)
on or after 17th March 1998 a person falling within sub-paragraph (7) below enjoys a benefit from the settlement for the first time, and
(b)
the person concerned is not one who (looking only at the terms of the settlement immediately before 17th March 1998) would be capable of enjoying a benefit from the settlement on or after that date.
(7)
Each of the following persons falls within this sub-paragraph—
(a)
any grandchild of the settlor or of the settlor’s spouse F162or civil partner;
(b)
the spouse F162or civil partner of any such grandchild;
(c)
a company controlled by a person or persons falling within paragraph (a) or (b) above;
(d)
a company controlled by any such person or persons together with any person or persons (not so falling) each of whom is for the purposes of paragraph 2(1) above a defined person in relation to the settlement;
(e)
a company associated with a company falling within paragraph (c) or (d) above.
(8)
For the purposes of sub-paragraph (7) above the question whether a company is controlled by a person or persons shall be construed in accordance with F163sections 450 and 451 of CTA 2010; but in deciding that question for those purposes no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F164section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
(9)
For the purposes of sub-paragraph (7) above the question whether one company is associated with another shall be construed in accordance with F165section 449 of CTA 2010; but where in deciding that question for those purposes it falls to be decided whether a company is controlled by a person or persons, no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F166section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
(10)
In this paragraph—
“child” includes a step-child;
“grandchild” means a child of a child;
“participator” has the meaning given by F167section 454 of CTA 2010.
Exceptions from section 86
3
Section 86 does not apply if the settlor dies in the year.
4
(1)
This paragraph applies where for the purposes of section 86(1)(d) the settlor has no interest in the settlement at any time in the year except for one of the following reasons, namely, that—
(a)
property is, or will or may become, applicable for the benefit of or payable to one of the persons falling within paragraph 2(3)(b) to F168(db) above,
(b)
income is, or will or may become, applicable for the benefit of or payable to one of those persons, or
(c)
one of those persons enjoys a benefit from property or income.
(2)
This paragraph also applies where sub-paragraph (1) above is fulfilled by virtue of 2 or all of paragraphs (a) to (c) being satisfied by reference to the same person.
(3)
Where this paragraph applies, section 86 does not apply if the person concerned dies in the year.
(4)
In a case where—
(a)
this paragraph applies, and
(b)
the person concerned falls within paragraph 2(3)(b)F169, (d) or (db) above,
5
(1)
This paragraph applies where for the purposes of section 86(1)(d) the settlor has no interest in the settlement at any time in the year except for the reason that there are 2 or more persons, each of whom—
(a)
falls within paragraph 2(3)(b) to F172(db) above, and
(b)
stands to gain for the reason stated in sub-paragraph (2) below.
(2)
The reason is that—
(a)
property is, or will or may become, applicable for his benefit or payable to him,
(b)
income is, or will or may become, applicable for his benefit or payable to him,
(c)
he enjoys a benefit from property or income, or
(d)
2 or all of paragraphs (a) to (c) above apply in his case.
(3)
Where this paragraph applies, section 86 does not apply if each of the persons concerned dies in the year.
Right of recovery
6
(1)
This paragraph applies where any tax becomes chargeable on, and is paid by, a person in respect of gains treated as accruing to him in a year under section 86(4).
(2)
The person shall be entitled to recover the amount of the tax from any person who is a trustee of the settlement.
(3)
For the purposes of recovering that amount, the person shall also be entitled to require an inspector to give him a certificate specifying—
(a)
the amount of the gains concerned, and
(b)
the amount of tax paid,
and any such certificate shall be conclusive evidence of the facts stated in it.
Meaning of “settlor"
7
For the purposes of section 86 and this Schedule, a person is a settlor in relation to a settlement if the settled property consists of or includes property originating from him.
Meaning of “originating"
8
(1)
References in section 86 and this Schedule to property originating from a person are references to—
(a)
property provided by that person;
(b)
property representing property falling within paragraph (a) above;
(c)
so much of any property representing both property falling within paragraph (a) above and other property as, on a just apportionment, can be taken to represent property so falling.
(2)
References in this Schedule to income originating from a person are references to—
(a)
income from property originating from that person;
(b)
income provided by that person.
(3)
Where a person who is a settlor in relation to a settlement makes reciprocal arrangements with another person for the provision of property or income, for the purposes of this paragraph—
(a)
property or income provided by the other person in pursuance of the arrangements shall be treated as provided by the settlor, but
(b)
property or income provided by the settlor in pursuance of the arrangements shall be treated as provided by the other person (and not by the settlor).
(4)
For the purposes of this paragraph—
(a)
where property is provided by a qualifying company controlled by one person alone at the time it is provided, that person shall be taken to provide it;
(b)
where property is provided by a qualifying company controlled by 2 or more persons (taking each one separately) at the time it is provided, those persons shall be taken to provide the property and each one shall be taken to provide an equal share of it;
(c)
where property is provided by a qualifying company controlled by 2 or more persons (taking them together) at the time it is provided, the persons who are participators in the company at the time it is provided shall be taken to provide it and each one shall be taken to provide so much of it as is attributed to him on the basis of a just apportionment;
but where a person would be taken to provide less than one-twentieth of any property by virtue of paragraph (c) above and apart from this provision, he shall not be taken to provide any of it by virtue of that paragraph.
(5)
For the purposes of sub-paragraph (4) above a qualifying company is a close company or a company which would be a close company if it were resident in the United Kingdom.
(6)
For the purposes of this paragraph references to property representing other property include references to property representing accumulated income from that other property.
(7)
For the purposes of this paragraph property or income is provided by a person if it is provided directly or indirectly by the person.
(8)
For the purposes of this paragraph the question whether a company is controlled by a person or persons shall be construed in accordance with F173sections 450 and 451 of CTA 2010; but in deciding that question for those purposes no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F174section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
(9)
In this paragraph “participator” has the meaning given by F175section 454 of CTA 2010.
F176(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualifying settlements, and commencement
9
(1)
A settlement created on or after 19th March 1991 is a qualifying settlement for the purposes of section 86 and this Schedule in—
(a)
the year of assessment in which it is created, and
(b)
subsequent years of assessment.
F177(1A)
Subject to sub-paragraph (1B) below, a settlement created before 19th March 1991 is a qualifying settlement for the purposes of section 86 and this Schedule in—
(a)
the year 1999-00, and
(b)
subsequent years of assessment.
(1B)
Where a settlement created before 19th March 1991 is a protected settlement immediately after the beginning of 6th April 1999, that settlement shall be treated as a qualifying settlement for the purposes of section 86 and this Schedule in a year of assessment mentioned in sub-paragraph (1A)(a) or (b) above only if—
(a)
any of the five conditions set out in subsections (3) to (6A) below becomes fulfilled as regards the settlement in that year; or
(b)
any of those five conditions became so fulfilled in any previous year of assessment ending after 19th March 1991.
F178(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The first condition is that on or after 19th March 1991 property or income is provided directly or indirectly for the purposes of the settlement—
(a)
otherwise than under a transaction entered into at arm’s length, and
(b)
otherwise than in pursuance of a liability incurred by any person before that date;
but if the settlement’s expenses relating to administration and taxation for a year of assessment exceed its income for the year, property or income provided towards meeting those expenses shall be ignored for the purposes of this condition if the value of the property or income so provided does not exceed the difference between the amount of those expenses and the amount of the settlement’s income for the year.
(4)
The second condition is that—
(a)
the trustees F179cease on or after 19 March 1991 to be resident in the United Kingdom, or
(b)
the trustees, while continuing to be resident F180... in the United Kingdom, become on or after 19th March 1991 trustees who fall to be regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom.
(5)
The third condition is that on or after 19th March 1991 the terms of the settlement are varied so that any person falling within sub-paragraph (7) below becomes for the first time a person who will or might benefit from the settlement.
(6)
The fourth condition is that—
(a)
on or after 19th March 1991 a person falling within sub-paragraph (7) below enjoys a benefit from the settlement for the first time, and
(b)
the person concerned is not one who (looking only at the terms of the settlement immediately before 19th March 1991) would be capable of enjoying a benefit from the settlement on or after that date.
F181(6A)
The fifth condition is that the settlement ceases to be a protected settlement at any time on or after 6th April 1999.
(7)
Each of the following persons falls within this sub-paragraph—
(a)
a settlor;
(b)
the spouse F182or civil partner of a settlor;
(c)
any child of a settlor or of a settlor’s spouse F182or civil partner;
(d)
the spouse F182or civil partner of any such child;
(db)
the spouse F182or civil partner of any such grandchild;
(e)
a company controlled by a person or persons falling within paragraphs (a) to F184(db) above;
(f)
a company associated with a company falling within paragraph (e) above.
F185(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
For the purposes of sub-paragraph (7) above the question whether a company is controlled by a person or persons shall be construed in accordance with F186sections 450 and 451 of CTA 2010; but in deciding that question for those purposes no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F187section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
(10)
For the purposes of sub-paragraph (7) above the question whether one company is associated with another shall be construed in accordance with F188section 449 of CTA 2010; but where in deciding that question for those purposes it falls to be decided whether a company is controlled by a person or persons, no rights or powers of (or attributed to) an associate or associates of a person shall be attributed to him under F189section 451(4) to (6) of CTA 2010 if he is not a participator in the company.
F190(10A)
Subject to sub-paragraph (10B) below, a settlement is a protected settlement at any time in a year of assessment if at that time the beneficiaries of that settlement are confined to persons falling within some or all of the following descriptions, that is to say—
(a)
children of a settlor or of a spouse F191or civil partner of a settlor who are under the age of eighteen at that time or who were under that age at the end of the immediately preceding year of assessment;
(b)
(c)
(d)
a future spouse F191or civil partner of a settlor;
(e)
persons outside the defined categories.
(10B)
For the purposes of sub-paragraph (10A) above a person is outside the defined categories at any time if, and only if, there is no settlor by reference to whom he is at that time a defined person in relation to the settlement for the purposes of paragraph 2(1) above.
(10C)
For the purposes of sub-paragraph (10A) above a person is a beneficiary of a settlement if—
(a)
there are any circumstances whatever in which relevant property which is or may become comprised in the settlement is or will or may become applicable for his benefit or payable to him;
(b)
there are any circumstances whatever in which relevant income which arises or may arise under the settlement is or will or may become applicable for his benefit or payable to him;
(c)
he enjoys a benefit directly or indirectly from any relevant property comprised in the settlement or any relevant income arising under the settlement.
(10D)
In sub-paragraph (10C) above—
“relevant property” means property originating from a settlor; and
“relevant income” means income originating from a settlor.
F193(11)
In this paragraph—
“child” includes a step-child;
“grandchild” means a child of a child;
“participator” has the meaning given by F194section 454 of CTA 2010.
Information
F19510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19613
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197SCHEDULE 5A Settlements with foreign element: information
1
In this Schedule “the commencement day” means the day on which the Finance Act 1994 was passed.
2
(1)
This paragraph applies if—
(a)
a settlement was created before F19817th March 1998,
(b)
on or after the commencement day a person transfers property to the trustees otherwise than under a transaction entered into at arm’s length and otherwise than in pursuance of a liability incurred by any person before that day,
(c)
(2)
Before the expiry of the period of twelve months beginning with the relevant day, the transferor shall deliver to the Board a return which—
(a)
identifies the settlement, and
(b)
specifies the property transferred, the day on which the transfer was made, and the consideration (if any) for the transfer.
(3)
For the purposes of sub-paragraph (2) above the relevant day is the day on which the transfer is made.
3
(1)
This paragraph applies if a settlement is created on or after the commencement day, and at the time it is created—
(2)
Any person who—
(a)
is a settlor in relation to the settlement at the time it is created, and
(b)
at that time fulfils the condition mentioned in sub-paragraph (3) below,
shall, before the expiry of the period of three months beginning with the relevant day, deliver to the Board a return specifying the particulars mentioned in sub-paragraph (4) below.
(3)
The condition is that the person concerned is domiciled in the United Kingdom and is F207resident in the United Kingdom.
(4)
The particulars are—
(a)
the day on which the settlement was created;
(b)
the name and address of the person delivering the return;
(c)
the names and addresses of the persons who are the trustees immediately before the delivery of the return.
(5)
For the purposes of sub-paragraph (2) above the relevant day is the day on which the settlement is created.
4
(1)
This paragraph applies if a settlement is created on or after 19th March 1991, and at the time it is created—
(2)
Any person who—
(a)
is a settlor in relation to the settlement at the time it is created,
(b)
at that time does not fulfil the condition mentioned in sub-paragraph (3) below, and
(c)
first fulfils that condition at a time falling on or after the commencement day,
shall, before the expiry of the period of twelve months beginning with the relevant day, deliver to the Board a return specifying the particulars mentioned in sub-paragraph (4) below.
(3)
The condition is that the person concerned is domiciled in the United Kingdom and is F212resident in the United Kingdom.
(4)
The particulars are—
(a)
the day on which the settlement was created;
(b)
the name and address of the person delivering the return;
(c)
the names and addresses of the persons who are the trustees immediately before the delivery of the return.
(5)
For the purposes of sub-paragraph (2) above the relevant day is the day on which the person first fulfils the condition as mentioned in paragraph (c) of that sub-paragraph.
5
(1)
This paragraph applies if—
(a)
the trustees of a settlement F213cease at any time (the relevant time) on or after the commencement day to be resident in the United Kingdom, or
(b)
the trustees of a settlement, while continuing to be resident F214... in the United Kingdom, become at any time (the relevant time) on or after the commencement day trustees who fall to be regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom.
(2)
Any person who was a trustee of the settlement immediately before the relevant time shall, before the expiry of the period of twelve months beginning with the relevant day, deliver to the Board a return specifying—
(a)
the day on which the settlement was created,
(b)
the name and address of each person who is a settlor in relation to the settlement immediately before the delivery of the return, and
(c)
the names and addresses of the persons who are the trustees immediately before the delivery of the return.
(3)
For the purposes of sub-paragraph (2) above the relevant day is the day when the relevant time falls.
6
(1)
Nothing in paragraph 2, 3, 4 or 5 above shall require information to be contained in the return concerned to the extent that—
(a)
before the expiry of the period concerned the information has been provided to the Board by any person in pursuance of the paragraph concerned or of any other provision, or
(b)
after the expiry of the period concerned the information falls to be provided to the Board by any person in pursuance of any provision other than the paragraph concerned.
(2)
Nothing in paragraph 2, 3, 4 or 5 above shall require a return to be delivered if—
(a)
before the expiry of the period concerned all the information concerned has been provided to the Board by any person in pursuance of the paragraph concerned or of any other provision, or
(b)
after the expiry of the period concerned all the information concerned falls to be provided to the Board by any person in pursuance of any provision other than the paragraph concerned.
F215SCHEDULE 5AZAMeaning of “scheme of reconstruction”
Introductory
1.
In sections 103H and 103I, “scheme of reconstruction” means a scheme within paragraph 2 which meets the conditions in paragraphs 3 and 4.
Form of scheme
2.
(1)
A scheme (“the relevant scheme”) is within this paragraph if under the relevant scheme some or all of the property subject to one or more collective investment schemes becomes subject to one or more other collective investment schemes.
(2)
In this Schedule “original collective investment scheme” means a collective investment scheme property subject to which becomes subject to another collective investment scheme; and “successor collective investment scheme” is to be read accordingly.
First condition: issue of units
3.
(1)
The first condition is that the relevant scheme involves the issue of units in a successor collective investment scheme or schemes or a feeder fund—
(a)
where there is one original collective investment scheme, to holders of units in that scheme or, if there are different classes of units in that scheme, to holders of one or more classes of units in that scheme (the classes “involved in the scheme of reconstruction”), or
(b)
where there is more than one original collective investment scheme, to holders of units in any of those schemes or, if there are different classes of units in one or more of those schemes, to holders of units in any of those schemes or of one or more classes of units in any of those schemes (the classes “involved in the scheme of reconstruction”),
and does not involve the issue of units in any successor collective investment scheme or feeder fund to anyone else.
(2)
In this Schedule, “feeder fund” means a collective investment scheme, 85% or more of the property subject to which is constituted by units in a successor collective investment scheme or schemes.
Second condition: equal entitlement to new units
4.
(1)
The second condition is that under the relevant scheme the entitlement of any participant to acquire units in a successor collective investment scheme or schemes or a feeder fund by virtue of holding relevant units, or relevant units of any class, is the same as that of any other participant holding such units or units of that class.
(2)
For this purpose “relevant units” means units comprised—
(a)
where there is one original collective investment scheme, in the units of that scheme or, as the case may be, in the units of that scheme of a class involved in the scheme of reconstruction;
(b)
where there is more than one original collective investment scheme, in the units of any of those schemes or, as the case may be, in the units of any of those schemes of a class involved in the scheme of reconstruction.
Preliminary reorganisation of units to be disregarded
5.
Where a reorganisation of the units in an original collective investment scheme or schemes within case 2 of section 103F(1) is carried out for the purposes of the relevant scheme, the provisions of the first and second conditions apply in relation to the position after the reorganisation.
Subsequent issue of units to be disregarded
6.
An issue of units in any successor collective investment scheme or schemes or feeder fund after the latest date on which any units in any successor collective investment scheme or schemes or feeder fund are issued in consideration of property becoming subject to any successor collective investment scheme or schemes under the relevant scheme shall be disregarded for the purposes of the first and second conditions.
F216SCHEDULE 5AAMeaning of “scheme of reconstruction”
Introductory
1
In section 136 “scheme of reconstruction” means a scheme of merger, division or other restructuring that meets the first and second, and either the third or the fourth, of the following conditions.
Third condition: continuity of business
4
(1)
The third condition is that the effect of the restructuring is—
(a)
where there is one original company, that the business or substantially the whole of the business carried on by the company is carried on—
(i)
by a successor company which is not the original company, or
(ii)
by two or more successor companies (which may include the original company);
(b)
where there is more than one original company, that all or part of the business or businesses carried on by one or more of the original companies is carried on by a different company, and the whole or substantially the whole of the businesses carried on by the original companies are carried on—
(i)
where there is one successor company, by that company (which may be one of the original companies), or
(ii)
where there are two or more successor companies, by those companies (which may be the same as the original companies or include any of those companies).
(2)
The reference in sub-paragraph (1)(a)(ii) or (b)(ii) to the whole or substantially the whole of a business, or businesses, being carried on by two or more companies includes the case where the activities of those companies taken together embrace the whole or substantially the whole of the business, or businesses, in question.
(3)
For the purposes of this paragraph a business carried on by a company that is under the control of another company is treated as carried on by the controlling company as well as by the controlled company.
F217Section 1124 of CTA 2010 (meaning of “control") applies for the purposes of this sub-paragraph.
(4)
For the purposes of this paragraph the holding and management of assets that are retained by the original company, or any of the original companies, for the purpose of making a capital distribution in respect of shares in the company shall be disregarded.
In this sub-paragraph “capital distribution” has the same meaning as in section 122.
Fourth condition: compromise or arrangement with members
5
The fourth condition is that—
(a)
the scheme is carried out in pursuance of a compromise or arrangement—
F218(i)
to which Part 26 of the Companies Act 2006 (arrangements and reconstructions) applies,
(ii)
under any corresponding provision of the law of a country or territory outside the United Kingdom, and
(b)
no part of the business of the original company, or of any of the original companies, is transferred under the scheme to any other person.
Interpretation
8
(1)
In this Schedule “ordinary share capital” has the meaning given by F219section 1119 of CTA 2010 and also includes—
(a)
in relation to a unit trust scheme, any rights that are treated by section 99(1)(b) of this Act (application of Act to unit trust schemes) as shares in a company, and
(b)
in relation to a company that has no share capital, any interests in the company possessed by members of the company.
(2)
Any reference in this Schedule to a reorganisation of a company’s share capital is to a reorganisation within the meaning of section 126.
F220SCHEDULE 5B Enterprise investment scheme: re-investment
Application of Schedule
1
(1)
This Schedule applies where—
(a)
there would (apart from paragraph 2(2)(a) below) be a chargeable gain (“the original gain”) accruing to an individual (“the investor”) at any time (“the accrual time”) on or after 29th November 1994;
(b)
(c)
the investor makes a qualifying investment; and
(d)
the investor is resident F223... in the United Kingdom at the accrual time and the time when he makes the qualifying investment and is not, in relation to the qualifying investment, a person to whom sub-paragraph (4) below applies.
F224(2)
The investor makes a qualifying investment for the purposes of this Schedule if—
(a)
eligible shares in a company for which he has subscribed F225... are issued to him at a qualifying time and, where that time is before the accrual time, the shares are still held by the investor at the accrual time,
F226(aza)
he subscribed for the shares (other than any of them which are bonus shares) wholly in cash,
(b)
the company is a qualifying company in relation to the shares,
(c)
at the time when they are issued the shares F227(other than any of them which are bonus shares) are fully paid up,
(d)
the shares are subscribed for, and issued, for bona fide commercial purposes and not as part of arrangements the main purpose or one of the main purposes of which is the avoidance of tax,
F228(da)
the total amount of relevant investments made in the company in the year ending with the date the shares are issued does not exceed F229£5 million,
(e)
(f)
(g)
all of the money raised by the issue of the shares (other than any of them which are bonus shares) is, no later than the time mentioned in section 175(3) of ITA 2007, employed wholly for the purpose of that activity,
and for the purposes of this Schedule, the F234condition in paragraph (g) above does not fail to be satisfied by reason only of the fact that an amount of money which is not significant is employed for another purpose.
(3)
In sub-paragraph (2) above “a qualifying time”, in relation to any shares subscribed for by the investor, means—
(a)
any time in the period beginning one year before and ending three years after the accrual time, or
(b)
any such time before the beginning of that period or after it ends as the Board may by notice allow.
(4)
This sub-paragraph applies to the investor in relation to a qualifying investment if—
(a)
though resident F235... in the United Kingdom at the time when he makes the investment, he is regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom, and
(b)
were section 150A to be disregarded, the arrangements would have the effect that he would not be liable in the United Kingdom to tax on a gain arising on a disposal, immediately after their acquisition, of the shares acquired in making that investment.
F236(5)
Shares are not fully paid up for the purposes of sub-paragraph (2)(c) above if there is any undertaking to pay cash to any person at a future date in respect of the acquisition of the shares.
F237(5A)
The reference in sub-paragraph (1)(b) to a gain accruing in accordance with section 169N does not include such a gain so far as it is chargeable to capital gains tax at the rate in section 169N(3).
F238(6)
Section 173A(3) and (4) of ITA 2007 (meaning of “relevant investment”) apply for the purposes of sub-paragraph (2)(da).
(7)
In sub-paragraph (2)(da), the reference to relevant investments made in the company includes relevant investments made in a company that is, or has at any time in the year mentioned there been, a subsidiary of the company (whether or not it was such a subsidiary when the investment was made).
F239Failure of conditions of application
1A
(1)
If the condition in sub-paragraph (2)(b) F240or (2)(da) of paragraph 1 above is not satisfied in consequence of an event occurring after the issue of eligible shares, the shares F241mentioned in sub-paragraph (2)(a) of that paragraph shall be treated for the purposes of this Schedule as ceasing to be eligible shares on the date of the event.
(2)
If the condition in sub-paragraph (2)(e) of that paragraph is not satisfied in consequence of an event occurring after the issue of eligible shares, the shares F242mentioned in sub-paragraph (2)(a) of that paragraph shall be treated for the purposes of this Schedule as ceasing to be eligible shares on the date of the event.
(3)
If the condition in sub-paragraph (2)(f) of that paragraph is not satisfied in relation to F243the shares mentioned in sub-paragraph (2)(a) of that paragraph, the shares shall be treated for the purposes of this Schedule as never having been eligible shares.
(4)
If the condition in sub-paragraph (2)(g) F244... of that paragraph is not satisfied in relation to F245the issue of eligible shares, the shares mentioned in sub-paragraph (2)(a) of that paragraph shall be treated for the purposes of this Schedule—
(a)
if the claim under this Schedule is made after the time mentioned in F246section 175(3) of ITA 2007, as never having been eligible shares; and
(b)
if that claim is made before that time, as ceasing to be eligible shares at that time.
F247(4A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
None of the preceding sub-paragraphs applies unless—
(a)
the company has given notice under paragraph 16(2) or (4) belowF248, section 310(2) of the Taxes Act or section 241(3) of ITA 2007; or
(b)
an inspector has given notice to the company stating that, by reason of the matter mentioned in that sub-paragraph, the shares F249mentioned in paragraph 1(2)(a) above should, in his opinion, be treated for the purposes of this Schedule as never having been or, as the case may be, as ceasing to be eligible shares.
(6)
The giving of notice by an inspector under sub-paragraph (5) above shall be taken, for the purposes of the provisions of the Management Act relating to appeals against decisions on claims, to be a decision refusing a claim made by the company.
(7)
Where any issue has been determined on an appeal brought by virtue of section 307(1B) of the Taxes Act F250or section 236(1) of ITA 2007 (appeal against notice that relief was not due), the determination shall be conclusive for the purposes of any appeal brought by virtue of sub-paragraph (6) above on which that issue arises.
Postponement of original gain
2
(1)
On the making of a claim by the investor for the purposes of this Schedule, so much of the investor’s unused qualifying expenditure on F251the relevant shares as—
(a)
is specified in the claim, and
(b)
does not exceed so much of the original gain as is unmatched,
shall be set against a corresponding amount of the original gain.
(2)
Where an amount of qualifying expenditure on F252the relevant shares is set under this Schedule against the whole or part of the original gain—
(a)
so much of that gain as is equal to that amount shall be treated as not having accrued at the accrual time; but
(b)
paragraphs 4 and 5 below shall apply for determining the gain that is to be treated as accruing on the occurrence of any chargeable event in relation to any of F253the relevant shares.
(3)
For the purposes of this Schedule—
F254(a)
the investor’s qualifying expenditure on F252the relevant shares is the amount subscribed by him for the shares; and
(b)
that expenditure is unused to the extent that it has not already been set under this Schedule F255or paragraph 1(5) of Schedule 5BB against the whole or any part of a chargeable gain.
(4)
Chargeable events
3
(1)
Subject to the following provisions of this paragraph, there is for the purposes of this Schedule a chargeable event in relation to F259any of the relevant shares if, after the making of the qualifying investment—
(a)
the investor disposes of those shares otherwise than by way of a disposal within marriage F260or civil partnership;
(b)
those shares are disposed of, otherwise than by way of a disposal to the investor, by a person who acquired them on a disposal made by the investor within marriage F260or civil partnership;
(c)
the investor becomes a non-resident while holding those shares and F261before the termination date relating to those shares;
(d)
(e)
those shares cease (or are treated for the purposes of this Schedule as ceasing) to be eligible shares.
F263(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
For the purposes of this Schedule there shall not be a chargeable event by virtue of sub-paragraph (1)(c) or (d) above in relation to any shares if—
(a)
the reason why the person in question becomes a non-resident is that he works in an employment or office all the duties of which are performed outside the United Kingdom, and
(b)
he again becomes resident F264... in the United Kingdom within the period of three years from the time when he became a non-resident, without having meanwhile disposed of any of those shares;
and accordingly no assessment shall be made by virtue of sub-paragraph (1)(c) or (d) above before the end of that period in a case where the condition in paragraph (a) above is satisfied and the condition in paragraph (b) above may be satisfied.
(4)
For the purposes of sub-paragraph (3) above a person shall be taken to have disposed of any shares if and only if there has been such a disposal as would have been a chargeable event in relation to those shares if the person making the disposal had been resident in the United Kingdom.
(5)
Where in any case—
(a)
(b)
an event occurs at or after the time of the death which (apart from this sub-paragraph) would be a chargeable event in relation to F265any of the relevant shares held by the deceased immediately before his death,
that event shall not be a chargeable event in relation to the shares so held.
F266(6)
Any reference in the following provisions of this Schedule to a chargeable event falling within a particular paragraph of sub-paragraph (1) above is a reference to a chargeable event arising for the purposes of this Schedule by virtue of that paragraph.
Gain accruing on chargeable event
4
(1)
On the occurrence of a chargeable event in relation to F267any of the relevant shares in relation to which there has not been a previous chargeable event—
(a)
a chargeable gain shall be treated as accruing at the time of the event; and
F268(b)
the amount of the gain shall be equal to so much of the deferred gain as is attributable to the shares in relation to which the chargeable event occurs.
F269(2)
Any question for the purposes of capital gains tax as to whether any shares to which a disposal (including a disposal within marriage F270or civil partnership) relates are shares to which deferral relief is attributable shall be determined in accordance with sub-paragraphs (3) and (4) below.
(3)
Where shares of any class in a company have been acquired by an individual on different days, any disposal by him of shares of that class shall be treated as relating to those acquired on an earlier day rather than to those acquired on a later day.
(4)
Where shares of any class in a company have been acquired by an individual on the same day, any of those shares disposed of by him shall be treated as disposed of in the following order, namely—
(a)
first any to which neither deferral relief nor relief under Chapter III of Part VII of the Taxes Act F271or Part 5 of ITA 2007 is attributable;
(b)
next any to which deferral relief, but not relief under that Chapter F271or that Part, is attributable;
(c)
next any to which relief under that Chapter F271or that Part, but not deferral relief, is attributable; and
(d)
finally any to which both deferral relief and relief under that Chapter F271or that Part are attributable.
(4A)
The following, namely—
(a)
(b)
shall be treated for the purposes of sub-paragraphs (3) and (4) above as acquired by him on the day on which they were issued.
(4B)
Chapter I of Part IV of this Act has effect subject to sub-paragraphs (2) to (4A) above.
(4C)
Sections 104, 105 and 106A shall not apply to shares to which deferral relief, but not relief under Chapter III of Part VII of the Taxes Act F274or Part 5 of ITA 2007, is attributable.
(5)
Where at the time of a chargeable event F275any of the relevant shares are treated for the purposes of this Act as represented by assets which consist of or include assets other than those shares—
F276(a)
so much of the deferred gain as is attributable to those shares shall be treated, in determining for the purposes of this paragraph the amount of the deferred gain to be treated as attributable to each of those assets, as apportioned in such manner as may be just and reasonable between those assets; and
F279(6)
In order to determine, for the purposes of this paragraph, the amount of the deferred gain attributable to any shares, a proportionate part of the amount of the gain shall be attributed to each of the relevant shares held, immediately before the occurrence of the chargeable event in question, by the investor or a person who has acquired any of the relevant shares from the investor on a disposal within marriage F270or civil partnership.
(7)
In this paragraph “the deferred gain” means—
(a)
the amount of the original gain against which expenditure has been set under this Schedule, less
(b)
the amount of any gain treated as accruing under this paragraph previously as a result of a disposal of any of the relevant shares.
Person to whom gain accrues
5
(1)
The chargeable gain which accrues, in accordance with paragraph 4 above, on the occurrence in relation to F280any of the relevant shares of a chargeable event shall be treated as accruing, as the case may be—
(a)
to the person who makes the disposal,
(b)
to the person who becomes a non-resident, F281or
(c)
to the person who holds the shares in question when they cease (or are treated for the purposes of this Schedule as ceasing) to be eligible shares.
(2)
Where—
(a)
sub-paragraph (1) above provides for the holding of shares at a particular time to be what identifies the person to whom any chargeable gain accrues, and
(b)
at that time, some of those shares are held by the investor and others are held by a person to whom the investor has transferred them by a disposal within marriage F282or civil partnership,
the amount of the chargeable gain accruing by virtue of paragraph 4 above shall be computed separately in relation to the investor and that person without reference to the shares held by the other.
F283Claims
6
(1)
Subject to sub-paragraph (2) below, section 306 of the Taxes Act F284or sections 202(1), 203(1) and 204 to 207 of ITA 2007 shall apply in relation to a claim under this Schedule in respect of F285the relevant shares as it applies in relation to a claim for relief under Chapter III of Part VII of F286the Taxes Act or Part 5 of ITA 2007 in respect of eligible or relevant shares.
(2)
F287Section 306, as it so applies, shall have effect as if—
(a)
any reference to the conditions for the relief were a reference to the conditions for the application of this Schedule;
(b)
in subsection (1), the words “(or treated by section 289B(5) as so issued)" were omitted; and
(c)
subsections (7) to (9) were omitted.
F288(3)
Sections 202(1), 203(1) and 204 to 207 of ITA 2007, as they so apply, shall have effect as if any reference to the requirements for the relief were a reference to the conditions for the application of this Schedule.
F289Reorganisations
7
(1)
Where an individual holds shares which form part of the ordinary share capital of a company and include shares of more than one of the following kinds, namely—
(a)
shares to which deferral relief and relief under Chapter III of Part VII of the Taxes Act F290or Part 5 of ITA 2007 are attributable,
(b)
shares to which deferral relief but not relief under that Chapter F291or that Part is attributable, and
(c)
shares to which deferral relief is not attributable,
then, if there is within the meaning of section 126 a reorganisation affecting those shares, section 127 shall apply (subject to the following provisions of this paragraph) separately to shares falling within paragraph (a), (b) or (c) above (so that shares of each kind are treated as a separate holding of original shares and identified with a separate new holding).
(2)
Where—
(a)
an individual holds shares (“the existing holding") which form part of the ordinary share capital of a company,
(b)
there is, by virtue of any such allotment for payment as is mentioned in section 126(2)(a), a reorganisation affecting the existing holding, and
(c)
immediately following the reorganisation, the existing holding or the allotted shares are shares to which deferral relief is attributable,
sections 127 to 130 shall not apply in relation to the existing holding.
Other reconstructions and amalgamations
9
F296(1)
This paragraph applies if section 135 or 136 (company reconstructions) applies in relation to shares to which deferral relief, but not relief under Part 5 of ITA 2007 (or Chapter 3 of Part 7 of the Taxes Act), is attributable.
(1A)
Paragraphs 3 and 4 of this Schedule have effect as if section 135 or 136 did not apply in relation to the shares.
(2)
F297Sub-paragraph (1A) does not apply if—
(a)
the new holding consists of new ordinary shares (“the new shares") carrying no present or future preferential right to dividends or to a company’s assets on its winding up and no present or future right to be redeemed,
(b)
the new shares are issued after the end of the relevant period, and
(c)
the condition in sub-paragraph (4) below is satisfied.
F298(3)
Sub-paragraph (1A) does not apply if paragraph 8 applies in relation to the shares.
(4)
The condition is that at some time before the issue of the new shares—
(a)
the company issuing them issued eligible shares, and
(b)
a certificate in relation to those eligible shares was issued by the company for the purposes of F299section 306(2) of the Taxes Act or section 203(1) of ITA 2007 (as applied by paragraph 6 above) and in accordance with F299section 306 of the Taxes Act or sections 204 and 205 of ITA 2007 (as so applied).
(5)
In sub-paragraph (2) above “new holding” shall be construed in accordance with sections 126, 127, 135 and 136.
F300Re-investment in same company etc.
10
(1)
An individual to whom any eligible shares in a qualifying company are issued shall not be regarded for the purposes of this Schedule as making a qualifying investment if, where the asset disposed of consisted of shares in or F301securities of any company (“the initial holding"), the qualifying company—
(a)
is the company in which the initial holding subsisted; or
(b)
is a company that was, at the time of the disposal of the initial holding, or is, at the time of the issue of the eligible shares, a member of the same group of companies as the company in which the initial holding subsisted.
(2)
Where—
(a)
any eligible shares in a qualifying company (“the acquired holding") are issued to an individual,
(b)
an amount of qualifying expenditure on those shares has been set under this Schedule against the whole or part of any chargeable gain (the “postponed gain"), and
(c)
after the issue of those shares, eligible shares in a relevant company are issued to him,
he shall not be regarded in relation to the issue to him of the shares in the relevant company as making a qualifying investment for the purposes of this Schedule.
(3)
For the purposes of sub-paragraph (2) above a company is a relevant company if—
(a)
where that individual has disposed of any of the acquired holding, it is the company in which the acquired holding has subsisted or a company which was a member of the same group of companies as that company at any time since the acquisition of the acquired holding;
(b)
it is a company in relation to the disposal of any shares in which there has been a claim under this Schedule such that, without that claim, there would have been no postponed gain in relation to the acquired holding; or
(c)
it is a company which, at the time of the disposal or acquisition to which the claim relates, was a member of the same group of companies as a company falling within paragraph (b) above.
F302(4)
In this paragraph “group of companies” means a company which has one or more 51 per cent. subsidiaries, together with those subsidiaries.
Pre-arranged exits
11
(1)
Where an individual subscribes for eligible shares (“the shares") in a company, the shares shall be treated as not being eligible shares for the purposes of this Schedule if the relevant arrangements include—
(a)
arrangements with a view to the subsequent repurchase, exchange or other disposal of the shares or of other shares in or securities of the same company;
(b)
arrangements for or with a view to the cessation of any trade which is being or is to be or may be carried on by the company or a person connected with the company;
(c)
arrangements for the disposal of, or of a substantial amount of, the assets of the company or of a person connected with the company;
(d)
arrangements the main purpose of which, or one of the main purposes of which, is (by means of any insurance, indemnity or guarantee or otherwise) to provide partial or complete protection for persons investing in shares in that company against what would otherwise be the risks attached to making the investment.
(2)
The arrangements referred to in sub-paragraph (1)(a) above do not include any arrangements with a view to such an exchange of shares, or shares and securities, as is mentioned in paragraph 8(1) above.
(3)
The arrangements referred to in sub-paragraph (1)(b) and (c) above do not include any arrangements applicable only on the winding up of a company except in a case where—
(a)
the relevant arrangements include arrangements for the company to be wound up; or
(b)
the company is wound up otherwise than for bona fide commercial reasons.
(4)
The arrangements referred to in sub-paragraph (1)(d) above do not include any arrangements which are confined to the provision—
(a)
for the company itself, or
(b)
in the case of a company which is a parent company of a trading group, for the company itself, for the company itself and one or more of its subsidiaries or for one or more of its subsidiaries,
of any such protection against the risks arising in the course of carrying on its business as it might reasonably be expected so to provide in normal commercial circumstances.
(5)
The reference in sub-paragraph (4) above to the parent company of a trading group
F303(a)
shall be construed in accordance with the provision contained for the purposes of section 293 of the Taxes Act in that sectionF304, or
(b)
is a reference to a company that meets the trading requirement in section 181(2)(b) of ITA 2007.
(6)
In this paragraph “the relevant arrangements” means—
(a)
the arrangements under which the shares are issued to the individual; and
(b)
any arrangements made before the issue of the shares to him in relation to or in connection with that issue.
F305Disqualifying arrangements
11A
(1)
Where an individual subscribes for eligible shares (“the shares”) in a company (“the company”), the shares are to be treated as not being eligible shares for the purposes of this Schedule if the shares are issued, nor any money raised by the issue employed, in consequence or anticipation of, or otherwise in connection with, disqualifying arrangements.
(2)
Arrangements are “disqualifying arrangements” if—
(a)
the main purpose, or one of the main purposes, of the arrangements is to secure—
(i)
that a qualifying business activity is or will be carried on by the company or a qualifying 90% subsidiary of the company, and
(ii)
that one or more persons (whether or not including any party to the arrangements) may obtain relevant tax relief in respect of shares issued by the company which raise money for the purposes of that activity or that such shares may comprise part of the qualifying holdings of a venture capital trust,
(aa)
that activity is the relevant qualifying business activity, and
(b)
one or both of conditions A and B are met.
(3)
Condition A is that, as a (direct or indirect) result of the money raised by the issue of the shares being employed as required by paragraph 1(2)(g), an amount representing the whole or the majority of the amount raised is, in the course of the arrangements, paid to or for the benefit of a relevant person or relevant persons.
(4)
Condition B is that, in the absence of the arrangements, it would have been reasonable to expect that the whole or greater part of the component activities of the relevant qualifying business activity would have been carried on as part of another business by a relevant person or relevant persons.
(5)
For the purposes of this paragraph, it is immaterial whether the company is a party to the arrangements.
(6)
In this paragraph—
“component activities” means—
(a)
if the relevant qualifying business activity is activity A (see section 179(2) of ITA 2007), the carrying on of a qualifying trade, or preparing to carry on such a trade, which constitutes that activity, and
(b)
if the relevant qualifying business activity is activity B (see section 179(4) of that Act), the carrying on of research and development which constitutes that activity;
“qualifying holdings”, in relation to the issuing company, is to be construed in accordance with section 286 of ITA 2007 (VCTs: qualifying holdings);
“qualifying 90% subsidiary” has the meaning given by section 190 of ITA 2007;
“relevant person” means a person who is a party to the arrangements or a person connected with such a party;
“relevant qualifying business activity” means the activity for the purposes of which the issue of the shares raised money;
“relevant tax relief”, in respect of shares, means one or more of the following—
(a)
relief under this Schedule in consequence of which deferral relief is attributable to the shares;
(b)
relief under section 150A or 150E (enterprise investment scheme or seed enterprise investment scheme) in respect of the shares;
(c)
relief under Schedule 5BB (seed enterprise investment scheme: re-investment) in consequence of which SEIS re-investment relief is attributable to the shares (see paragraph 4 of that Schedule);
(d)
relief under Chapter 6 of Part 4 of ITA 2007 (losses on disposal of shares) in respect of the shares;
(e)
EIS relief (within the meaning of Part 5 of that Act) in respect of the shares;
(f)
SEIS relief (within the meaning of Part 5A of that Act) in respect of the shares.
Put options and call options
12
(1)
Sub-paragraph (2) below applies where an individual subscribes for eligible shares (“the shares") in a company and—
(a)
an option, the exercise of which would bind the grantor to purchase such shares, is granted to the individual during the relevant period; or
(b)
an option, the exercise of which would bind the individual to sell such shares, is granted by the individual during the relevant period.
(2)
The shares to which the option relates shall be treated for the purposes of this Schedule—
(a)
if the option is granted on or before the date of the issue of the shares, as never having been eligible shares; and
(b)
if the option is granted after that date, as ceasing to be eligible shares on the date when the option is granted.
(3)
The shares to which the option relates shall be taken to be those which, if—
(a)
the option were exercised immediately after the grant, and
(b)
any shares in the company acquired by the individual after the grant were disposed of immediately after being acquired,
would be treated for the purposes of this Schedule as disposed of in pursuance of the option.
(4)
Nothing in this paragraph shall prejudice the operation of paragraph 11 above.
(5)
An individual who acquires any eligible shares on a disposal within marriage F306or civil partnership shall be treated for the purposes of this paragraph and paragraphs 13 to 15 below as if he subscribed for those shares.
Value received by investor
13
(1)
Where an individual who subscribes for eligible shares (“the shares") in a company receives any value F307(other than insignificant value) from the company at any time in the F308period of restriction, the shares shall be treated as follows for the purposes of this Schedule—
(a)
if the individual receives the value on or before the date of the issue of the shares, as never having been eligible shares; and
(b)
if the individual receives the value after that date, as ceasing to be eligible shares on the date when the value is received.
F309(1A)
This paragraph is subject to paragraph 13B below.
(1B)
Where—
(a)
the individual who subscribes for the shares receives value (“the relevant receipt”) from the company during the period of restriction,
(b)
the individual has received from the company one or more receipts of insignificant value at a time or times—
(i)
during that period, but
(ii)
not later than the time of the relevant receipt, and
(c)
the aggregate amount of the value of the receipts within paragraphs (a) and (b) above is not an amount of insignificant value,
the individual shall be treated for the purposes of this Schedule as if the relevant receipt had been a receipt of an amount of value equal to the aggregate amount.
For this purpose a receipt does not fall within paragraph (b) above if it has previously been aggregated under this sub-paragraph.
(2)
For the purposes of this paragraph an individual receives value from the company if the company—
(a)
repays, redeems or repurchases any of its share capital or securities which belong to the individual or makes any payment to him for giving up his right to any of the company’s share capital or any security on its cancellation or extinguishment;
(b)
repays, in pursuance of any arrangements for or in connection with the acquisition of the shares, any debt owed to the individual other than a debt which was incurred by the company—
(i)
on or after the date F310of issue of the shares; and
(ii)
otherwise than in consideration of the extinguishment of a debt incurred before that date;
(c)
makes to the individual any payment for giving up his right to any debt on its extinguishment;
(d)
releases or waives any liability of the individual to the company or discharges, or undertakes to discharge, any liability of his to a third person;
(e)
makes a loan or advance to the individual which has not been repaid in full before the issue of the shares;
(f)
provides a benefit or facility for the individual;
(g)
disposes of an asset to the individual for no consideration or for a consideration which is or the value of which is less than the market value of the asset;
(h)
acquires an asset from the individual for a consideration which is or the value of which is more than the market value of the asset; or
(i)
makes any payment to the individual other than a qualifying payment.
(3)
For the purposes of sub-paragraph (2)(e) above there shall be treated as if it were a loan made by the company to the individual—
(a)
the amount of any debt (other than an ordinary trade debt) incurred by the individual to the company; and
(b)
the amount of any debt due from the individual to a third person which has been assigned to the company.
F311(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
For the purposes of this paragraph an individual also receives value from the company if any person who would, for the purposes of section 291 of the Taxes Act F312or Chapter 2 of Part 5 of ITA 2007, be treated as connected with the company—
(a)
purchases any of its share capital or securities which belong to the individual; or
(b)
makes any payment to him for giving up any right in relation to any of the company’s share capital or securities.
(6)
Where an individual’s disposal of shares in a company gives rise to a chargeable event falling within paragraph 3(1)(a) or (b) above, the individual shall not be treated for the purposes of this paragraph as receiving value from the company in respect of the disposal.
(7)
In this paragraph “qualifying payment” means—
(a)
the payment by any company of such remuneration for service as an officer or employee of that company as may be reasonable in relation to the duties of that office or employment;
(b)
any payment or reimbursement by any company of travelling or other expenses wholly, exclusively and necessarily incurred by the individual to whom the payment is made in the performance of duties as an officer or emplyee of that company;
(c)
the payment by any company of any interest which represents no more than a reasonable commercial return on money lent to that company;
(d)
the payment by any company of any dividend or other distribution which does not exceed a normal return on any investment in shares in or other securities of that company;
(e)
any payment for the supply of goods which does not exceed their market value;
(f)
any payment for the acquisition of an asset which does not exceed its market value;
(g)
the payment by any company, as rent for any property occupied by the company, of an amount not exceeding a reasonable and commercial rent for the property;
(h)
any reasonable and necessary remuneration which—
(i)
is paid by any company for services rendered to that company in the course of a trade or profession F313carried on wholly or partly in the United Kingdom; and
(ii)
is taken into account F314in calculating for tax purposes the profits of that trade or profession;
(i)
a payment in discharge of an ordinary trade debt.
(8)
For the purposes of this paragraph a company shall be treated as having released or waived a liability if the liability is not discharged within 12 months of the time when it ought to have been discharged.
(9)
In this paragraph—
(a)
references to a debt or liability do not, in relation to a company, include references to any debt or liability which would be discharged by the making by that company of a qualifying payment; and
(b)
references to a benefit or facility do not include references to any benefit or facility provided in circumstances such that, if a payment had been made of an amount equal to its value, that payment would be a qualifying payment.
(10)
In this paragraph F315and paragraph 13A(1) below—
(a)
any reference to a payment or disposal to an individual includes a reference to a payment or disposal made to him indirectly or to his order or for his benefit;
(b)
any reference to an individual includes a reference to an associate of his; and
(c)
any reference to a company includes a reference to a person who at any time in the relevant period is connected with the company, whether or not he is so connected at the material time.
(11)
In this paragraph “ordinary trade debt” means any debt for goods or services supplied in the ordinary course of a trade or business where any credit given—
(a)
does not exceed six months; and
(b)
is not longer than that normally given to customers of the person carrying on the trade or business.
F316(12)
In paragraphs 13A to 13C below (except paragraph 13C(4))—
(a)
references to “the shares” shall be construed in accordance with sub-paragraph (1) above, and
(b)
references to “the period of restriction” shall be construed as references to the period of restriction relating to the shares.
F317Provision supplemental to paragraph 13
13A
(1)
For the purposes of paragraph 13 above, the value received by the individual in question is—
(a)
in a case within sub-paragraph (2)(a), (b) or (c) of that paragraph, the amount received by the individual or, if greater, the market value of the share capital, securities or debt in question;
(b)
in a case within sub-paragraph (2)(d) of that paragraph, the amount of the liability;
(c)
in a case within sub-paragraph (2)(e) of that paragraph, the amount of the loan or advance reduced by the amount of any repayment made before the issue of the shares;
(d)
in a case within sub-paragraph (2)(f) of that paragraph, the cost to the company of providing the benefit or facility less any consideration given for it by the individual;
(e)
in a case within sub-paragraph (2)(g) or (h) of that paragraph, the difference between the market value of the asset and the consideration (if any) given for it;
(f)
in a case within sub-paragraph (2)(i) of that paragraph, the amount of the payment;
(g)
in a case within sub-paragraph (5) of that paragraph, the amount received by the individual or, if greater, the market value of the share capital or securities in question.
(2)
In this paragraph and paragraph 13 above references to a receipt of insignificant value (however expressed) are references to a receipt of an amount of insignificant value.
This is subject to sub-paragraph (4) below.
(3)
For the purposes of this paragraph and paragraph 13 above “an amount of insignificant value” means an amount of value which—
(a)
does not exceed £1,000, or
(b)
if it exceeds that amount, is insignificant in relation to the total amount of expenditure on the shares which is set under this Schedule against a corresponding total amount of the whole or any part of any chargeable gains.
(4)
For the purposes of paragraph 13 above, if, at any time in the period—
(a)
beginning one year before the shares are issued, and
(b)
expiring at the end of the issue date,
arrangements are in existence which provide for the individual who subscribes for the shares to receive or to be entitled to receive, at any time in the period of restriction, any value from the company that issued the shares, no amount of value received by the individual shall be treated as a receipt of insignificant value.
(5)
In sub-paragraph (4) above—
(a)
any reference to the individual includes a reference to any person who, at any time in the period of restriction, is an associate of his (whether or not he is such an associate at the material time), and
(b)
the reference to the company includes a reference to any person who, at any time in the period of restriction, is connected with the company (whether or not that person is so connected at the material time).
Receipt of replacement value
13B
(1)
Where—
(a)
by reason of a receipt of value within sub-paragraph (2) (other than paragraph (b)) or sub-paragraph (5) of paragraph 13 above (“the original value”), the shares would, in the absence of this paragraph, be treated as never having been eligible shares or as ceasing to be eligible shares on the date when the value is received,
(b)
the original supplier receives value (“the replacement value”) from the original recipient by reason of a qualifying receipt, and
(c)
the amount of the replacement value is not less than the amount of the original value,
the receipt of the original value shall be disregarded for the purposes of paragraph 13 above.
(2)
This paragraph is subject to paragraph 13C below.
(3)
For the purposes of this paragraph and paragraph 13C below—
“the original recipient” means the person who receives the original value, and
“the original supplier” means the person from whom that value was received.
(4)
A receipt of the replacement value is a qualifying receipt for the purposes of sub-paragraph (1) above if it arises—
(a)
by reason of the original recipient doing one or more of the following—
(i)
making a payment to the original supplier, other than a payment which falls within paragraph (c) below or to which sub-paragraph (5) below applies;
(ii)
acquiring any asset from the original supplier for a consideration the amount or value of which is more than the market value of the asset;
(iii)
disposing of any asset to the original supplier for no consideration or for a consideration the amount or value of which is less than the market value of the asset;
(b)
where the receipt of the original value was within paragraph 13(2)(d) above, by reason of an event the effect of which is to reverse the event which constituted the receipt of the original value; or
(c)
where the receipt of the original value was within paragraph 13(5) above, by reason of the original recipient repurchasing the share capital or securities in question, or (as the case may be) reacquiring the right in question, for a consideration the amount or value of which is not less than the amount of the original value.
(5)
This sub-paragraph applies to—
(a)
any payment for any goods, services or facilities, provided (whether in the course of a trade or otherwise) by—
(i)
the original supplier, or
(ii)
any other person who, at any time in the period of restriction, is an associate of, or connected with, that supplier (whether or not that person is such an associate, or so connected, at the material time),
which is reasonable in relation to the market value of those goods, services or facilities;
(b)
any payment of any interest which represents no more than a reasonable commercial return on money lent to—
(i)
the original recipient, or
(ii)
any person who, at any time in the period of restriction, is an associate of his (whether or not he is such an associate at the material time);
(c)
any payment for the acquisition of an asset which does not exceed its market value;
(d)
any payment, as rent for any property occupied by—
(i)
the original recipient, or
(ii)
any person who, at any time in the period of restriction, is an associate of his (whether or not he is such an associate at the material time),
of an amount not exceeding a reasonable and commercial rent for the property;
(e)
any payment in discharge of an ordinary trade debt (within the meaning of paragraph 13(11) above); and
(f)
any payment for shares in or securities of any company in circumstances that do not fall within sub-paragraph (4)(a)(ii) above.
(6)
For the purposes of this paragraph, the amount of the replacement value is—
(a)
in a case within paragraph (a) of sub-paragraph (4) above, the aggregate of—
(i)
the amount of any payment within sub-paragraph (i) of that paragraph, and
(ii)
the difference between the market value of any asset within sub-paragraph (ii) or (iii) of that paragraph and the amount or value of the consideration (if any) received for it,
(b)
in a case within sub-paragraph (4)(b) above, the same as the amount of the original value, and
(c)
in a case within sub-paragraph (4)(c) above, the amount or value of the consideration received by the original supplier,
and paragraph 13A(1) above applies for the purposes of determining the amount of the original value.
(7)
In this paragraph any reference to a payment to a person (however expressed) includes a reference to a payment made to him indirectly or to his order or for his benefit.
Provision supplemental to paragraph 13B
13C
(1)
The receipt of the replacement value by the original supplier shall be disregarded for the purposes of paragraph 13B above, as it applies in relation to the shares, to the extent to which that receipt has previously been set (under that paragraph) against any receipts of value which are, in consequence, disregarded for the purposes of paragraph 13 above as that paragraph applies in relation to those shares or any other shares subscribed for by the individual in question (“the individual”).
(2)
The receipt of the replacement value by the original supplier (“the event”) shall also be disregarded for the purposes of paragraph 13B above if—
(a)
the event occurs before the start of the period of restriction, or
(b)
in a case where the event occurs after the time the original recipient receives the original value, it does not occur as soon after that time as is reasonably practicable in the circumstances, or
(c)
where an appeal has been brought by the individual against an assessment made by virtue of paragraph 3(1)(e) above by reason of that receipt, the event occurs more than 60 days after the appeal has been finally determined.
But nothing in paragraph 13B above or this paragraph requires the replacement value to be received after the original value.
(3)
F318This sub-paragraph applies where—
(a)
the receipt of the replacement value by the original supplier is a qualifying receipt for the purposes of paragraph 13B(1) above, and
(b)
the event which gives rise to the receipt is (or includes) a subscription for shares by—
(i)
the individual, or
(ii)
any person who, at any time in the period of restriction, is an associate of the individual, whether or not he is such an associate at the material time.
(4)
Where this sub-paragraph applies, the person who subscribes for the shares shall not—
(a)
be eligible for any relief under Chapter 3 of Part 7 of the Taxes Act (enterprise investment scheme: income tax relief) in relation to those shares or any other shares in the same issue, or
(b)
by virtue of his subscription for those shares or any other shares in the same issue, be treated as making a qualifying investment for the purposes of this Schedule.
F319(4)
Where either of the following applies—
(a)
sub-paragraph (3) above, and
(b)
section 223(3) of ITA 2007 (which makes corresponding provision in relation to EIS relief under Part 5 of that Act),
the person who subscribes for the shares shall not by virtue of his subscription for those shares or any other shares in the same issue be treated as making a qualifying investment for the purposes of this Schedule.
(5)
In this paragraph “the original value” and “the replacement value” shall be construed in accordance with paragraph 13B above.
Value received by other persons
14
(1)
Sub-paragraph (2) below applies where an individual subscribes for eligible shares (“the shares") in a company and at any time in the F320period of restriction the company or any subsidiary—
(a)
repays, redeems or repurchases any of its share capital which belongs to any member other than the individual or F321a person falling within sub-paragraph (3) below, or
(b)
makes any payment (directly or indirectly) to any such member, or to his order or for his benefit, for the giving up of his right to any of the share capital of the company or subsidiary on its cancellation or extinguishment.
(2)
The shares shall be treated for the purposes of this Schedule—
(a)
if the repayment, redemption, repurchase or payment in question is made or effected on or before the date of the issue of the shares, as never having been eligible shares; and
(b)
if it is made or effected after that date, as ceasing to be eligible shares on the date when it is made or effected.
(3)
F324A person falls within this sub-paragraph if the repayment, redemption, repurchase or payment in question—
(a)
gives rise to a qualifying chargeable event in respect of him, or
(b)
(c)
causes any investment relief F328attributable to shares held by that person (within the meaning of Schedule 15 to the Finance Act 2000) to be withdrawn or reduced by virtue of paragraph 46 (disposal of shares) or 49(1)(a) (repayment etc. of share capital or securities) of that Schedule
(4)
In sub-paragraph (3) above “qualifying chargeable event” means—
(a)
a chargeable event falling within paragraph 3(1)(a) or (b) above; or
(b)
a chargeable event falling within paragraph 3(1)(e) above by virtue of sub-paragraph (1)(b) of paragraph 13 above (as it applies by virtue of sub-paragraph (2)(a) of that paragraph).
(5)
Where—
(a)
a company issues share capital (“the original shares") of nominal value equal to the authorised minimum F331(within the meaning of the Companies Act 2006) for the purposes of complying with the requirements of section 761 of that Act (public company: requirement as to minimum share capital); and
(b)
after the registrar of companies has issued the company with a certificate under F332section 761, it issues eligible shares,
the preceding provisions of this paragraph shall not apply in relation to any redemption of any of the original shares within 12 months of the date on which those shares were issued.
F333(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
References in this paragraph F334and F335paragraphs 14AA and 14A below to a subsidiary of a company are references to a company which at any time in the relevant period is a 51 per cent. subsidiary of the first mentioned company, whether or not it is such a subsidiary at the time of the repayment, redemption, repurchase or payment in question.
F336Insignificant repayments disregarded for purposes of paragraph 14
14AA
(1)
Any repayment shall be disregarded for the purposes of paragraph 14 above if whichever is the greater of—
(a)
the market value of the shares to which it relates (“the target shares”) immediately before the event occurs, and
(b)
the amount received by the member in question,
is insignificant in relation to the market value of the remaining issued share capital of the company in question (or, as the case may be, subsidiary in question) immediately after the event occurs.
This is subject to sub-paragraph (4) below.
(2)
For the purposes of this paragraph “repayment” means a repayment, redemption, repurchase or payment mentioned in paragraph 14(1) above.
(3)
For the purposes of sub-paragraph (1) above it shall be assumed that the target shares are cancelled at the time the repayment is made.
(4)
Where an individual subscribes for eligible shares in a company, sub-paragraph (1) above does not apply to prevent paragraph 14(2) above having effect in relation to the shares if, at a relevant time, arrangements are in existence that provide—
(a)
for a repayment by the company or any subsidiary of the company (whether or not it is such a subsidiary at the time the arrangements are made), or
(b)
for anyone to be entitled to such a repayment,
at any time in the period of restriction.
(5)
For the purposes of sub-paragraph (4) above “a relevant time” means any time in the period—
(a)
beginning one year before the eligible shares were issued, and
(b)
expiring at the end of the issue date.
F337Certain receipts to be disregarded for purposes of paragraph 14
14A
(1)
Sub-paragraph (4) below applies where, by reason of a repayment, any investment relief which is attributable under Schedule 15 to the Finance Act 2000 to any shares is withdrawn under paragraph 56(2) of that Schedule.
F338(2)
For the purposes of this paragraph “repayment” has the meaning given in paragraph 14AA(2) above.
(3)
For the purposes of sub-paragraph (4) below “the relevant amount” is the amount determined by the formula—
Where—
X is the amount of the repayment, and
Y is the aggregate amount of the investment relief withdrawn by reason of the repayment.
(4)
Where the relevant amount does not exceed £1,000, the repayment shall be disregarded for the purposes of paragraph 14 above, unless repayment arrangements are in existence at any time in the period—
(a)
beginning one year before the shares mentioned in sub-paragraph (1) above are issued, and
(b)
expiring at the end of the issue date of those shares.
(5)
For this purpose “repayment arrangements” means arrangements which provide—
(a)
for a repayment by the company that issued the shares (“the issuing company”) or any subsidiary of that company, or
(b)
for anyone to be entitled to such a repayment,
at any time.
(6)
Sub-paragraph (5)(a) above applies in relation to a subsidiary of the issuing company whether or not it was such a subsidiary—
F339(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
when the arrangements were made.
F340(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
In this paragraph—
(a)
“investment relief” has the same meaning as in F341Schedule 15 to the Finance Act 2000 (corporate venturing scheme); and
(b)
references to the withdrawal of investment relief include its reduction.
Investment-linked loans
15
(1)
Where at any time in the relevant period an investment-linked loan is made by any person to an individual who subscribes for eligible shares (“the shares") in a company, the shares shall be treated for the purposes of this Schedule—
(a)
if the loan is made on or before the date of the issue of the shares, as never having been eligible shares; and
(b)
if the loan is made after that date, as ceasing to be eligible shares on the date when the loan is made.
(2)
A loan made by any person to an individual is an investment-linked loan for the purposes of this paragraph if the loan is one which would not have been made, or would not have been made on the same terms, if the individual had not subscribed for the shares or had not been proposing to do so.
(3)
References in this paragraph to the making by any person of a loan to an individual include references—
(a)
to the giving by that person of any credit to that individual; and
(b)
to the assignment or assignation to that person of any debt due from that individual.
(4)
In this paragraph any reference to an individual includes a reference to an associate of his.
F342Information
16
(1)
Where, in relation to F343any of the relevant shares held by an individual—
(a)
a chargeable event falling within paragraph 3(1)(a) or (b) above occurs at any time F344before the termination date relating to those shares,
(b)
a chargeable event falling within paragraph 3(1)(c) or (d) above occurs, or
(c)
a chargeable event falling within paragraph 3(1)(e) above occurs by virtue of paragraph 12(2)(b), 13(1)(b) or 15(1)(b) above,
the individual shall within 60 days of his coming to know of the event give a notice to the inspector containing particulars of the circumstances giving rise to the event.
(2)
Where, in relation to F343any of the relevant shares in a company, a chargeable event falling within paragraph 3(1)(e) above occurs by virtue of paragraph 1A(1) or (2), 13(1)(b) or 14(2)(b) above—
(a)
the company, and
(b)
any person connected with the company who has knowledge of that matter,
shall within 60 days of the event or, in the case of a person within paragraph (b) above, of his coming to know of it, give a notice to the inspector containing particulars of the circumstances giving rise to the event.
F345(2A)
In determining, for the purposes of sub-paragraph (1) or (2) above, whether a chargeable event falling within paragraph 3(1)(e) above has occurred by virtue of paragraph 13(1)(b) above, the effect of paragraph 13B above shall be disregarded.
(3)
A chargeable event falling within paragraph 3(1)(e) above which, but for paragraph 1A(5) above, would occur at any time by virtue of paragraph 1A(1) or (2) above shall be treated for the purposes of sub-paragraph (2) above as occurring at that time.
F346(3A)
Where—
(a)
a person is required to give a notice under sub-paragraph (1) or (2) above in respect of a chargeable event which occurs by virtue of paragraph 13(1)(b) above or would occur by virtue of that paragraph but for the operation of paragraph 13B above, and
(b)
that person has knowledge of the replacement value received (or expected to be received) from the original recipient by the original supplier by reason of a qualifying receipt,
the notice shall include particulars of that receipt of the replacement value (or expected receipt).
In this sub-paragraph “the replacement value”, “the original recipient”, “the original supplier” and “qualifying receipt” shall be construed in accordance with paragraph 13B above.
(4)
Where a company has issued a certificate under section 306(2) of the Taxes Act F347or section 203(1) of ITA 2007 (as applied by paragraph 6 above) in respect of any eligible shares in the company, and the condition in paragraph 1(2)(g) above is not satisfied in relation to the shares—
(a)
the company, and
(b)
any person connected with the company who has knowledge of that matter,
shall within 60 days of the time mentioned in section 289(3) of the Taxes Act F348or section 175(3) of ITA 2007 or, in the case of a person within paragraph (b) above, of his coming to know that the condition is not satisfied, give notice to the inspector setting out the particulars of the case.
F349(4A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F350If the inspector has reason to believe—
(a)
that a person has not given a notice which he is required to give—
(i)
under sub-paragraph (1) or (2) above in respect of any chargeable event, or
(ii)
under sub-paragraph (4) above in respect of any particular case, or
(b)
that a person has given or received value (within the meaning of paragraph 13(2) or (5) above) which, but for the fact that the amount given or received was an amount of insignificant value (within the meaning of paragraph 13A(3) above), would have triggered a requirement to give a notice under sub-paragraph (1) or (2) above, or
(c)
that a person has made or received any repayment (within the meaning of paragraph 14AA(2) above) which, but for the fact that it falls to be disregarded for the purposes of paragraph 14 above by virtue of paragraph 14AA(1) above, would have triggered a requirement to give a notice under sub-paragraph (2) above,
the inspector may by notice require that person to furnish him within such time (not being less than 60 days) as may be specified in the notice with such information relating to the event or case as the inspector may reasonably require for the purposes of this Schedule.
(6)
Where a claim is made under this Schedule in respect of shares in a company and the inspector has reason to believe that it may not be well founded by reason of any such arrangements as are mentioned in paragraphs 1(2)(d)F351, 11(1) or 11A above, or section F352289(1D) or (9)(e), 289A(8)(b) or (8A), 293(4B), (6) or (8) or 308(2)(e), (3), (3A) or (4) of the Taxes Act F353or section 176(4)(b) or (5)(b), 182(2) or (4), 183(6), 185(1), 190(1)(e) or 191(2)(c), (3), (4) or (5) of ITA 2007, he may by notice require any person concerned to furnish him within such time (not being less than 60 days) as may be specified in the notice with—
(a)
a declaration in writing stating whether or not, according to the information which that person has or can reasonably obtain, any such arrangements exist or have existed;
(b)
such other information as the inspector may reasonably require for the purposes of the provision in question and as that person has or can reasonably obtain.
(7)
For the purposes of sub-paragraph (6) above, the persons who are persons concerned are—
(a)
F356(aa)
in relation to section 289(1D), 289A(8)(b) or (8A) or 308(3), (3A) or (4) of the Taxes Act F357or section 176(4)(b) or (5)(b), 183(6) or 191(3), (4) or (5) of ITA 2007, the claimant, the company, any other company in question and any person controlling the company or any other company in question;
(b)
in relation to paragraph 11(1) above, the claimant, the company and any person connected with the company; F358...
F359(ba)
in relation to paragraph 11A, the claimant, the company, any person controlling the company and any person whom an officer of Revenue and Customs has reason to believe may be a party to the arrangements in question; and
(c)
F365(7A)
The references in sub-paragraphs (6) and (7) above to subsections (3), (3A) and (4) of section 308 of the Taxes Act F366and subsections (3), (4) and (5) of section 191 of ITA 2007 are to be read as including those provisions as applied by section 289(10) and (11) of F367the Taxes Act or section 190(2) of ITA 2007.
(8)
Where deferral relief is attributable to shares in a company—
(a)
any person who receives from the company any payment or asset which may constitute value received (by him or another) for the purposes of paragraph 13 above, and
(b)
any person on whose behalf such a payment or asset is received,
shall, if so required by the inspector, state whether the payment or asset received by him or on his behalf is received on behalf of any person other than himself and, if so, the name and address of that person.
(9)
Where a claim has been made under this Schedule in relation to shares in a company, any person who holds or has held shares in the company and any person on whose behalf any such shares are or were held shall, if so required by the inspector, state—
(a)
whether the shares which are or were held by him or on his behalf are or were held on behalf of any person other than himself; and
(b)
if so, the name and address of that person.
(10)
No obligation as to secrecy imposed by statute or otherwise shall preclude the inspector from disclosing to a company that relief has been given or claimed in respect of a particular number or proportion of its shares.
Trustees: general
17
(1)
Subject to the following provisions of this paragraph, this Schedule shall apply as if—
(a)
any reference to an individual included a reference to the trustees of a settlement, and
(b)
in relation to any such trustees, the reference in paragraph 1(1) above to any asset were a reference to any asset comprised in any settled property to which this paragraph applies (a “trust asset").
(2)
This paragraph applies—
(a)
to any settled property in which the interests of the beneficiaries are not interests in possession, if all the beneficiaries are individuals, and
(b)
to any settled property in which the interests of the beneficiaries are interests in possession, if any of the beneficiaries are individuals.
(3)
If, at the time of the disposal of the trust asset in a case where this Schedule applies by virtue of this paragraph—
(a)
the settled property comprising that asset is property to which this paragraph applies by virtue of sub-paragraph (2)(b) above, but
(b)
not all the beneficiaries are individuals,
only the relevant proportion of the gain which would accrue to the trustees on the disposal shall be taken into account for the purposes of this Schedule as it so applies.
(4)
This Schedule shall not apply by virtue of this paragraph in a case where, at the time of the disposal of the trust asset, the settled property which comprises that asset is property to which this paragraph applies by virtue of sub-paragraph (2)(a) above unless, immediately after the acquisition of the relevant shares, the settled property comprising the shares is also property to which this paragraph applies by virtue of sub-paragraph (2)(a) above.
(5)
This Schedule shall not apply by virtue of this paragraph in a case where, at the time of the disposal of the trust asset, the settled property which comprises that asset is property to which this paragraph applies by virtue of sub-paragraph (2)(b) above unless, immediately after the acquisition of the relevant shares—
(a)
the settled property comprising the shares is also property to which this paragraph applies by virtue of sub-paragraph (2)(b) above, and
(b)
if not all the beneficiaries are individuals, the relevant proportion is not less than the proportion which was the relevant proportion at the time of the disposal of the trust asset.
(6)
If, at any time, in the case of settled property to which this paragraph applies by virtue of sub-paragraph (2)(b) above, both individuals and others have interests in possession, “the relevant proportion" at that time is the proportion which the amount specified in paragraph (a) below bears to the amount specified in paragraph (b) below, that is—
(a)
the total amount of the income of the settled property, being income the interests in which are held by beneficiaries who are individuals, and
(b)
the total amount of all the income of the settled property.
(7)
Where, in the case of any settled property in which any beneficiary holds an interest in possession, one or more beneficiaries (“the relevant beneficiaries") hold interests not in possession, this paragraph shall apply as if—
(a)
the interests of the relevant beneficiaries were a single interest in possession, and
(b)
that interest were held, where all the relevant beneficiaries are individuals, by an individual and, in any other case, by a person who is not an individual.
(8)
In this paragraph references to interests in possession do not include interests for a fixed term and, except in sub-paragraph (1), references to individuals include any charity.
Trustees: anti-avoidance
18
(1)
Paragraphs 13 F368to 13C and 15 above shall have effect in relation to the subscription for shares by the trustees of a settlement as if references to the individual subscribing for the shares were references to—
(a)
those trustees;
(b)
any individual or charity by virtue of whose interest, at a relevant time, paragraph 17 above applies to the settled property; or
(c)
any associate of such an individual, or any person connected with such a charity.
(2)
The relevant times for the purposes of sub-paragraph (1)(b) above are the time when the shares are issued and—
(a)
in a case where F369sub-paragraph (1) of paragraph 13 above applies, or that sub-paragraph would apply were it not for the fact that the amount of value is an amount of insignificant value for the purposes of that sub-paragraph, the time when the value is received;
F370(ab)
in a case where paragraph 13(1) above would apply were it not for the operation of paragraph 13B above, the time when the original value (within the meaning of paragraph 13B above) in question is received;
(b)
in a case where paragraph 15 above applies, the time when the loan is made.
Interpretation
19
(1)
For the purposes of this Schedule—
F373“arrangements” includes any scheme, agreement, understanding, transaction or series of transactions (whether or not legally enforceable);
“associate” has the meaning that would be given by F374section 448 of CTA 2010 if in that section “relative” did not include a brother or sister;
F375“bonus shares” means shares which are issued otherwise than for payment (whether in cash or otherwise);
F376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“eligible shares” has the meaning given by section 289(7) of F377the Taxes Act or means shares that meet the requirement in section 173 (2) of ITA 2007;
F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“non-resident” means a person who is F379not resident in the United Kingdom;
“ordinary share capital” has F380the meaning given by section 989 of ITA 2007;
“ordinary shares”, in relation to a company, means shares forming part of its ordinary share capital;
F381“the period of restriction”, in relation to any shares, means the period—
(a)
beginning one year before the shares are issued, and
(b)
ending immediately before the termination date relating to the shares;
“qualifying business activity” has the meaning given by section 289(2) of the Taxes Act F382or section 179 of ITA 2007;
F383“qualifying company”, in relation to any eligible shares, means a company which, in relation to those shares, is—
(a)
a qualifying company for the purposes of Chapter 3 of Part 7 of the Taxes Act (except that for the purposes of this Schedule the reference in section 293(1B)(b)(i) of that Act to section 304A of that Act shall be read as a reference to paragraph 8 above), or
(b)
a qualifying company for the purposes of Part 5 of ITA 2007 (except that for the purposes of this Schedule the reference in section 184(1)(c)(i) of that Act to section 247 of that Act shall be read as a reference to paragraph 8 above).
“the relevant period”, in the case of any shares, means the period found by applying section 312(1A)(a) of F384the Taxes Act or section 159(2) of ITA 2007 by reference to the company that issued the shares and by reference to the shares;
F385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F388(1A)
For the purposes of this Schedule, “the relevant shares”, in relation to a case to which this Schedule applies, means the shares which—
(a)
are acquired by the investor in making the qualifying investment, and
(b)
where the qualifying investment is made before the time at which the original gain accrues, are still held by the investor at that time.
This is subject to sub-paragraphs (1B) and (1D) below.
(1B)
If any corresponding bonus shares in the same company are issued to the investor or any person who has acquired any of the relevant shares from the investor on a disposal within marriage F389or civil partnership, this Schedule shall apply as if references to the relevant shares were to all the shares comprising the relevant shares and the bonus shares so issued.
(1C)
In sub-paragraph (1B) above “corresponding bonus shares” means bonus shares which—
(a)
are issued in respect of the relevant shares; and
(b)
are of the same class, and carry the same rights, as those shares.
(1D)
If, in circumstances in which paragraph 8 above applies, new shares are issued in exchange for old shares, references in this Schedule to the relevant shares, so far as they relate to the old shares, shall be construed as references to the new shares and not to the old shares.
(1E)
In sub-paragraph (1D) above “new shares” and “old shares” have the same meaning as in paragraph 8 above.
(2)
For the purposes of this Schedule, “deferral relief” is attributable to any shares if—
(a)
expenditure on the shares has been set under this Schedule against the whole or part of any gain; and
(b)
in relation to the shares there has been no chargeable event for the purposes of this Schedule.
(3)
In this Schedule—
(a)
references (however expressed) to an issue of eligible shares in any company are to any eligible shares in the company that are of the same class and are issued on the same day;
(b)
(c)
references to Chapter III of Part VII of the Taxes Act or any provision of that Chapter are to that Chapter or provision as it applies in relation to shares issued on or after 1st January 1994F391; and
(d)
references to Part 5 of ITA 2007 or any provision of that Part are to a Part or provision that applies only in relation to shares issued on or after 6th April 2007.
(4)
For the purposes of this Schedule shares in a company shall not be treated as being of the same class unless they would be so treated if dealt with on the Stock Exchange.
(5)
Notwithstanding anything in section 288(5), shares shall not for the purposes of this Schedule be treated as issued by reason only of being comprised in a letter of allotment or similar instrument.
F392SCHEDULE 5BA Enterprise investment scheme: application of taper relief
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F393SCHEDULE 5BBSeed enterprise investment scheme: re-investment
SEIS re-investment relief
1
(1)
Sub-paragraph (5) applies where conditions A to C are met in relation to an individual (“the investor”).
(2)
Condition A is that—
(a)
(b)
the original gain is one accruing on the disposal of an asset by the investor at any time (“the disposal time”) in F396the relevant year.
(3)
Condition B is that—
(a)
the investor is eligible for SEIS relief for the F397relevant year in respect of an amount subscribed for an issue of shares in a company made to the investor in that year,
(b)
the investor makes a claim for and obtains SEIS relief for that year in respect of all or some of those shares (“the relevant SEIS shares”), and
(c)
if the relevant SEIS shares, or any corresponding bonus shares in relation to those shares, were issued before the disposal time, they are still held by the investor at the disposal time.
(4)
Condition C is that—
(a)
the investor has made a claim under this paragraph for relief in relation to the original gain, and
(b)
the claim is in respect of the amount on which SEIS relief is claimed by the investor in respect of the relevant SEIS shares (“the SEIS expenditure”) or part of that amount.
F398(5)
The relevant percentage of the available SEIS expenditure is to be set against a corresponding amount of the original gain.
(5A)
In sub-paragraph (5)—
“the available SEIS expenditure” means so much of the SEIS expenditure as—
(a)
is specified in the claim,
(b)
is unused, and
(c)
does not exceed so much of the original gain as is unmatched;
“the relevant percentage” means—
(a)
if the relevant year is the tax year 2012-13, 100%, and
(b)
if the relevant year is F399any subsequent tax year, 50%.
(6)
Where an amount of the SEIS expenditure is set against the whole or part of the original gain under sub-paragraph (5), so much of that gain as is equal to that amount is to be treated as not being a chargeable gain.
(7)
For the purposes of this paragraph—
(a)
the SEIS expenditure is unused to the extent that it has not already been set under sub-paragraph (5) or paragraph 2(1) of Schedule 5B against the whole or any part of a chargeable gain, and
(b)
the original gain is unmatched, in relation to the SEIS expenditure, to the extent that it has not had any other expenditure set against it under sub-paragraph (5) or paragraph 2(1) of Schedule 5B.
Restrictions on relief under paragraph 1
2
(1)
Sub-paragraph (2) applies if the investor's tax reduction under section 257AB of ITA 2007 for the F400relevant year is limited by subsection (2)(b) of that section (calculation of tax reduction where claim made for amounts subscribed for shares which exceed £100,000).
(2)
Paragraph 1(5) to (7) has effect as if references to the SEIS expenditure were references to so much of that expenditure as is given by the formula—
(3)
Sub-paragraph (4) applies if the amount of SEIS relief attributable to any of the relevant SEIS shares has been reduced under Chapter 6 of Part 5A of ITA 2007 before the SEIS relief was obtained (otherwise than by virtue of corresponding bonus shares being issued in respect of those shares).
(4)
Paragraph 1(5) to (7) has effect as if the SEIS expenditure were the amount found by multiplying that expenditure by the fraction—
where—
“R1” means the amount of SEIS relief attributable to the relevant SEIS shares when the relief is obtained;
“R2” means the amount of SEIS relief which would have been so attributable in the absence of the reduction.
(5)
In a case where sub-paragraphs (2) and (4) both apply, sub-paragraph (2) is to be applied before sub-paragraph (4).
Claims
3
(1)
Section 257EA of ITA 2007 (time for making claims for SEIS relief) applies in relation to a claim made by the investor for the purposes of paragraph 1 in relation to the SEIS expenditure as it applies in relation to a claim for SEIS relief in respect of that expenditure.
(2)
Nothing in paragraph 1(3) prevents a claim being made by the investor under paragraph 1 before SEIS relief has actually been obtained by the investor in relation to the SEIS relief.
Removal or reduction of the relief
5
(1)
This paragraph applies where in respect of shares issued to an individual—
(a)
SEIS relief is attributable to the shares,
(b)
SEIS re-investment relief is also attributable to the shares, and
(c)
the SEIS relief which is attributable to the shares is withdrawn or reduced under Chapters 6 and 7 of Part 5A of ITA 2007.
(2)
A chargeable gain accrues to the individual in the tax year F403in which the shares were issued on a disposal made in that tax year.
(3)
The amount of that gain is—
(a)
in a case where the SEIS relief is withdrawn, the amount of SEIS re-investment relief which is attributable to the shares immediately before the withdrawal, and
(b)
in a case where the SEIS relief is reduced, the appropriate fraction of that amount.
(4)
In a case where the SEIS re-investment relief is withdrawn, the SEIS re-investment relief ceases to be attributable to the shares.
(5)
In a case where the SEIS relief is reduced, the appropriate fraction of the SEIS re-investment relief ceases to be attributable to the shares.
(6)
“The appropriate fraction” is—
where—
“R1” is the total amount of the SEIS relief attributable to those shares immediately before the reduction, and
“R2” is the total amount of the SEIS relief attributable to those shares immediately after the reduction.
Adjustment of capital gains tax liability
7
(1)
All such adjustments of capital gains tax are to be made, whether by way of assessment or by way of discharge or repayment of tax, as may be required in consequence of relief being obtained, or a gain accruing, under this Schedule.
(2)
In its application to an assessment made by virtue of this paragraph, section 86 of TMA 1970 (interest on overdue capital gains tax) has effect as if the relevant date were 31 January next following the tax year in which the assessment is made.
Interpretation etc
8
(1)
In this Schedule—
“bonus shares” means shares which are issued otherwise than for payment (whether in cash or otherwise);
“corresponding bonus shares”, in relation to any shares (“the original shares”), means bonus shares which are in the same company, of the same class, and carry the same rights as the original shares;
“SEIS relief” has the same meaning as in Part 5A of ITA 2007.
(2)
In this Schedule, references (however expressed) to an issue of shares in any company to an individual are to such of the shares in the company as are of the same class and are issued to the individual in one capacity and on the same day.
This is subject to sub-paragraph (3).
(3)
If section 257AB(1) and (2) of ITA 2007 applies, in the case of any issue of shares made to an individual, as if part of the issue had been issued in a previous tax year, this Schedule has effect as if that part and the remainder were separate issues of shares (and that part had been issued on a day in the previous tax year).
(4)
Part 5A of ITA 2007 applies, for the purposes of this Schedule, to determine whether SEIS relief is attributable to any shares and, if so, the amount of relief so attributable.
F404SCHEDULE 5CVenture capital trusts: deferred charge on re-investment
F404Application of Schedule
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F404The postponement of the original gain
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F404Chargeable events
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F404Gain accruing on chargeable event
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F404Persons to whom gain accrues
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F404Interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F405SCHEDULE 6 Retirement relief etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7 Relief for gifts of business assets
Part I Agricultural property and settled property
Agricultural property
1
(1)
This paragraph applies where—
(a)
there is a disposal of an asset which is, or is an interest in, agricultural property within the meaning of Chapter II of Part V of the M11Inheritance Tax Act 1984 (inheritance tax relief for agricultural property), and
(b)
apart from this paragraph, the disposal would not fall within section 165(1) by reason only that the agricultural property is not used for the purposes of a trade carried on as mentioned in section 165(2)(a).
(2)
Where this paragraph applies, section 165(1) shall apply in relation to the disposal if the circumstances are such that a reduction in respect of the asset—
(a)
is made under Chapter II of Part V of the Inheritance Tax Act 1984 in relation to a chargeable transfer taking place on the occasion of the disposal, or
(b)
would be so made if there were a chargeable transfer on that occasion, or
(c)
would be so made but for section 124A of that Act (assuming, where there is no chargeable transfer on that occasion, that there were).
Settled property
2
(1)
If—
(a)
the trustees of a settlement make a disposal otherwise than under a bargain at arm’s length of an asset within sub-paragraph (2) below, and
(b)
a claim for relief under section 165 is made by the trustees and the person who acquires the asset (“the transferee”) or, where the trustees of a settlement are also the transferee, by the trustees making the disposal alone,
then, subject to sections 165(3), 166, 167F406, 169, 169B and 169C, section 165(4) shall apply in relation to the disposal.
(2)
An asset is within this sub-paragraph if—
(a)
it is, or is an interest in, an asset used for the purposes of a trade, profession or vocation carried on by—
(i)
the trustees making the disposal, or
(ii)
a beneficiary who had an interest in possession in the settled property immediately before the disposal, or
(b)
it consists of shares or securities of a trading company, or of the holding company of a trading group, where—
(i)
the shares or securities are F407not listed on a recognised stock exchange, or
(ii)
not less than 25 per cent. of the voting rights exercisable by shareholders of the company in general meeting are exercisable by the trustees at the time of the disposal.
(3)
Where section 165(4) applies by virtue of this paragraph, references to the trustees shall be substituted for the references in section 165(4)(a) to the transferor; and where it applies in relation to a disposal which is deemed to occur by virtue of section 71(1) or 72(1) section 165(7) shall not apply.
3
(1)
This paragraph applies where—
(a)
there is a disposal of an asset which is, or is an interest in, agricultural property within the meaning of Chapter II of Part V of the M12Inheritance Tax Act 1984, and
(b)
apart from this paragraph, the disposal would not fall within paragraph 2(1)(a) above by reason only that the agricultural property is not used for the purposes of a trade as mentioned in paragraph 2(2)(a) above.
(2)
Where this paragraph applies paragraph 2(1) above shall apply in relation to the disposal if the circumstances are such that a reduction in respect of the asset—
(a)
is made under Chapter II of Part V of the Inheritance Tax Act 1984 in relation to a chargeable transfer taking place on the occasion of the disposal, or
(b)
would be so made if there were a chargeable transfer on that occasion, or
(c)
would be so made but for section 124A of that Act (assuming, where there is no chargeable transfer on that occasion, that there were).
Part II Reductions in held-over gain
Application and interpretation
4
(1)
The provisions of this Part of this Schedule apply in cases where a claim for relief is made under section 165.
(2)
In this Part of this Schedule—
(a)
“the principal provision” means section 165(2), or, as the case may require, sub-paragraph (2) of paragraph 2 above,
(b)
“” includes securities,
(c)
“the transferor” has the same meaning as in section 165 except that, in a case where paragraph 2 above applies, it refers to the trustees mentioned in that paragraph, and
(d)
“unrelieved gain”, in relation to a disposal, has the same meaning as in section 165(7).
(3)
In this Part of this Schedule—
(a)
any reference to a disposal of an asset is a reference to a disposal which falls within subsection (1) of section 165 by virtue of subsection (2)(a) of that section or, as the case may be, falls within sub-paragraph (1) of paragraph 2 above by virtue of sub-paragraph (2)(a) of that paragraph, and
(b)
any reference to a disposal of shares is a reference to a disposal which falls within subsection (1) of section 165 by virtue of subsection (2)(b) of that section or, as the case may be, falls within sub-paragraph (1) of paragraph 2 above by virtue of sub-paragraph (2)(b) of that paragraph.
(4)
In relation to a disposal of an asset or of shares, any reference in the following provisions of this Part of this Schedule to the held-over gain is a reference to the held-over gain on that disposal as determined under subsection (6) or, where it applies, subsection (7) of section 165.
Reductions peculiar to disposals of assets
5
(1)
If, in the case of a disposal of an asset, the asset was not used for the purposes of the trade, profession or vocation referred to in paragraph (a) of the principal provision throughout the period of its ownership by the transferor, the amount of the held-over gain shall be reduced by multiplying it by the fraction—
where—
A is the number of days in that period of ownership during which the asset was so used, and
B is the number of days in that period.
(2)
This paragraph shall not apply where the circumstances are such that a reduction in respect of the asset—
(a)
is made under Chapter II of Part V of the M13Inheritance Tax Act 1984 in relation to a chargeable transfer taking place on the occasion of the disposal, or
(b)
would be so made if there were a chargeable transfer on that occasion, or
(c)
would be so made but for section 124A of that Act (assuming, where there is no chargeable transfer on that occasion, that there were).
6
(1)
If, in the case of a disposal of an asset, the asset is a building or structure and, over the period of its ownership by the transferor or any substantial part of that period, part of the building or structure was, and part was not, used for the purposes of the trade, profession or vocation referred to in paragraph (a) of the principal provision, there shall be determined the fraction of the unrelieved gain on the disposal which it is just and reasonable to apportion to the part of the asset which was so used, and the amount of the held-over gain (as reduced, if appropriate, under paragraph 5 above) shall be reduced by multiplying it by that fraction.
(2)
This paragraph shall not apply where the circumstances are such that a reduction in respect of the asset—
(a)
is made under Chapter II of Part V of the Inheritance Tax Act 1984 in relation to a chargeable transfer taking place on the occasion of the disposal, or
(b)
would be so made if there were a chargeable transfer on that occasion, or
(c)
would be so made but for section 124A of that Act (assuming, where there is no chargeable transfer on that occasion, that there were).
Reduction where gain partly relieved by retirement relief
F4098
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F410 SCHEDULE 7A Restriction on set-off of pre-entry losses
Application and construction of Schedule
1
(1)
This Schedule shall have effect, in the case of a company which F411becomes a member of a group of companies (“the relevant group”), in relation to any pre-entry losses of that companyF412, but this Schedule shall have no effect in any case where section 184A (restrictions on buying losses: tax avoidance schemes) has effect in relation to those losses.
F413(2)
In this Schedule “pre-entry loss”, in relation to any company, means any allowable loss that accrued to that company at a time before it became a member of the relevant group.
F414(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F414(3A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F414(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F414(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F415If—
(a)
the principal company of a group of companies (“the first group”) has at any time become a member of another group (“the second group”) so that the two groups are treated as the same by virtue of subsection (10) F416or (10A) of section 170, and
(b)
the second group, together in pursuance of that subsection with the first group, is the relevant group,
then, except where sub-paragraph (7) below applies, the members of the first group shall be treated for the purposes of this Schedule as having become members of the relevant group at that time, and not by virtue of that subsection at the times when they became members of the first group.
(7)
This sub-paragraph applies where—
(a)
the persons who immediately before the time when the principal company of the first group became a member of the second group owned the shares comprised in the issued share capital of the principal company of the first group are the same as the persons who, immediately after that time, owned the shares comprised in the issued share capital of the principal company of the relevant group; and
(b)
the company which is the principal company of the relevant group immediately after that time—
(i)
was not the principal company of any group immediately before that time; and
(ii)
immediately after that time had assets consisting entirely, or almost entirely, of shares comprised in the issued share capital of the principal company of the first group.
F417(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
In determining for the purposes of this Schedule whether any allowable loss accruing to a company under section 116(10)(b) is a loss that accrued before the company became a member of the relevant group, any loss so accruing shall be deemed to have accrued at the time of the relevant transaction within the meaning of section 116(2).
(10)
In determining for the purposes of this Schedule whether any allowable loss accruing to a company on a disposal under section 212 is a loss that accrued before the company became a member of the relevant group, the provisions of section 213 shall be disregarded.
Pre-entry proportion of losses on pre-entry assets
F4182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disposals of pooled assets
F4183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rule to prevent pre-entry losses on pooled assets being treated as post-entry losses
F4184
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alternative calculation by reference to market value
F4185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions on the deduction of pre-entry losses
6
(1)
In the calculation of the amount to be included in respect of chargeable gains in any company’s total profits for any accounting period—
(a)
if in that period there is any chargeable gain from which the whole or any part of any pre-entry loss accruing in that period is deductible in accordance with paragraph 7 below, the loss or, as the case may be, that part of it shall be deducted from that gain;
(b)
if, after all such deductions as may be made under paragraph (a) above have been made, there is in that period any chargeable gain from which the whole or any part of any pre-entry loss carried forward from a previous accounting period is deductible in accordance with paragraph 7 below, the loss or, as the case may be, that part of it shall be deducted from that gain;
(c)
the total chargeable gains (if any) remaining after the making of all such deductions as may be made under paragraph (a) or (b) above shall be subject to deductions in accordance with section 8(1) in respect of any allowable losses that are not pre-entry losses; and
(d)
any pre-entry loss which has not been the subject of a deduction under paragraph (a) or (b) above (as well as any other losses falling to be carried forward under section 8(1)) shall be carried forward to the following accounting period of that company.
(2)
Subject to sub-paragraph (1) above, any question as to which or what part of any pre-entry loss has been deducted from any particular chargeable gain shall be decided—
F419(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F420... , in accordance with such elections as may be made by the company to which the loss accrued;
and any question as to which or what part of any pre-entry loss has been carried forward from one accounting period to another shall be decided accordingly.
(3)
An election by any company under this paragraph shall be made by notice to the inspector given—
F421(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F422... , before the end of the period of two years beginning with the end of the accounting period of that company in which the gain in question accrued.
(4)
For the purposes of this Schedule where any matter falls to be determined under this paragraph by reference to an election but no election is made, it shall be assumed, so far as consistent with any elections that have been made—
(a)
that losses are set against gains in the order in which the losses accrued; and
(b)
that the gains against which they are set are also determined according to the order in which they accrued with losses being set against earlier gains before they are set against later ones.
Gains from which pre-entry losses are to be deductible
7
(1)
A pre-entry loss that accrued to a company before it became a member of the relevant group shall be deductible from a chargeable gain accruing to that company if the gain is one accruing—
(a)
on a disposal made by that company before the date on which it became a member of the relevant group (“the entry date”);
(b)
on the disposal of an asset which was held by that company immediately before the entry date; or
F423(c)
on the disposal of any asset in respect of which the conditions in sub-paragraph (1A) are met.
F424(1A)
The conditions referred to in sub-paragraph (1)(c) are—
(a)
that the asset was acquired, on or after the entry date, by—
(i)
the company to which the pre-entry loss accrued (“company A”), or
(ii)
a company which, at the time of the acquisition, was a group company of company A,
from a person who at the time of the acquisition was not a group company of company A, and
(b)
that the asset has not, since its acquisition from that person, been used or held for any purposes other than those of a trade or business which—
(i)
was being carried on by company A immediately before the entry date, and
(ii)
continued until the disposal to be carried on by company A or a company which, when it carried on the trade or business, was a group company of company A.
(1B)
For the purposes of sub-paragraph (1A), a company is a “group company of company A” at any time when it is a member of a group of companies of which company A is also a member.
(1C)
Where a company, having become a member of the relevant group, subsequently becomes a member of another group (“the new group”)—
(a)
sub-paragraph (1) continues to have effect, in relation to any loss which accrued to the company before it became a member of the relevant group, by reference to the date on which it became such a member, and
(b)
accordingly, that sub-paragraph does not apply separately in relation to the loss by reason of it also having accrued to the company before it became a member of the new group.
F425(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Where two or more companies become members of the relevant group at the same time and those companies were all members of the same group of companies immediately before they became members of the relevant group, then F426... —
(a)
an asset shall be treated for the purposes of sub-paragraph (1)(b) above as held, immediately before it became a member of the relevant group, by the company to which the pre-entry loss in question accrued if that company is one of those companies and the asset was in fact so held by another of those companies;
F427(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and
(c)
the acquisition of an asset shall be treated for the purposes of F428sub-paragraph (1A) above as an acquisition by the company to which the pre-entry loss in question accrued if that company is one of those companies and the asset was in fact acquired (whether before or after they became members of the relevant group) by another of those companies.
F429(4)
Sub-paragraphs (4A) and (4B) apply for determining for the purposes of this paragraph whether an asset on the disposal of which a chargeable gain accrues was an asset held by a company immediately before the entry date (a “pre-entry asset”).
(4A)
Except as provided by sub-paragraph (4B), an asset is not a pre-entry asset if—
(a)
the company which held the asset at the entry date is not the company which makes the disposal, and
(b)
since the entry date that asset has been disposed of otherwise than by a disposal to which section 171 applies.
(4B)
Without prejudice to sub-paragraph (4C), where, on a disposal to which section 171 does not apply—
(a)
an asset would cease to be a pre-entry asset by virtue of sub-paragraph (4A), but
(b)
the company making the disposal retains an interest in or over the asset in question,
that interest is a pre-entry asset.
(4C)
For the purposes of this paragraph—
(a)
an asset acquired or held by a company at any time and an asset held at a later time by that company, or by any company which is or has been a member of the same group of companies as that company, is to be treated as the same asset if the value of the second asset is derived in whole or in part from the first asset, and
(b)
if—
(i)
any asset is treated (whether by virtue of paragraph (a) or otherwise) as the same as an asset held by a company at a later time, and
(ii)
the first asset would have been a pre-entry asset in relation to that company,
the second asset is also to be treated as a pre-entry asset in relation to that company;
and paragraph (a) applies, in particular, where the second asset is a freehold and the first asset is a leasehold the lessee of which acquires the reversion.
(5)
Subject to sub-paragraph (6) below, where a gain accrues on the disposal of the whole or any part of—
(a)
any asset treated as a single asset but comprising assets only some of which were held at the time mentioned in paragraph (b) of sub-paragraph (1) F430... above, or
(b)
an asset which is treated as held at that time by virtue of a provision requiring an asset which was not held at that time to be treated as the same as an asset which was so held,
a pre-entry loss shall be deductible by virtue of paragraph (b) of sub-paragraph (1) F430... above from the amount of that gain to the extent only of such proportion of that gain as is attributable to assets held at that time or, as the case may be, represents the gain that would have accrued on the asset so held.
(6)
Where—
(a)
a chargeable gain accrues by virtue of subsection (10) of section 116 on the disposal of a qualifying corporate bond,
(b)
that bond was not held as required by paragraph (b) of sub-paragraph (1) F431... above at the time mentioned in that paragraph, and
(c)
the whole or any part of the asset which is the old asset for the purposes of that section was so held,
the question whether that gain is one accruing on the disposal of an asset the whole or any part of which was held by a particular company at that time shall be determined for the purposes of this paragraph as if the bond were deemed to have been so held to the same extent as the old asset.
Change of a company’s nature
8
(1)
If—
(a)
within any period of three years, a company becomes a member of a group of companies and there is (either earlier or later in that period, or at the same time) a major change in the nature or conduct of a trade F432or business F433which was carried on by that company immediately before it became a member of that group, or
(b)
F435(2)
In sub-paragraph (1) “a major change in the nature or conduct of a trade or business” includes—
(a)
a major change in the type of property dealt in, or services or facilities provided, in the trade or business,
(b)
a major change in customers, markets or outlets of the trade or business, or
(c)
in the case of a company with investment business (within the meaning of section 1218 of CTA 2009), a major change in the nature of the investments held;
and this paragraph applies even if the change is the result of a gradual process which began outside the period of three years mentioned in sub-paragraph (1)(a).
(3)
Where the operation of this paragraph depends on circumstances or events at a time after the company becomes a member of any group of companies (but not more than three years after), an assessment to give effect to this paragraph shall not be out of time if made within six years from that time or the latest such time.
Identification of “the relevant group" and application of Schedule to every connected group
F4369
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appropriations to stock in trade
10
Where, but for an election under subsection (3) of section 161, there would be deemed to have been a disposal at any time by any company of any asset—
(a)
the amount by which the market value of the asset may be treated as increased in pursuance of that election shall not include the amount of any pre-entry loss that would have accrued on that disposal; and
(b)
this Schedule shall have effect as if the pre-entry loss of the last mentioned amount had accrued to that company at that time.
F43710A
Section 161(3ZB)(a) and (b) does not apply to a loss if, in the absence of an election under section 161(3ZA), the loss would have been a pre-entry loss.
Continuity provisions
11
(1)
This paragraph applies where provision has been made by or under any enactment (“the transfer legislation”) for the transfer of property, rights and liabilities to any person from—
(a)
a body established by or under any enactment for the purpose, in the exercise of statutory functions, of carrying on any undertaking or industrial or other activity in the public sector or of exercising any other statutory functions;
(b)
a subsidiary of such a body; or
(c)
a company wholly owned by the Crown.
(2)
A loss shall not be a pre-entry loss for the purposes of this Schedule in relation to any company to whom a transfer has been made by or under the transfer legislation if that loss—
(a)
accrued to the person from whom the transfer has been made; and
(b)
falls to be treated, in accordance with any enactment made in relation to transfers by or under that legislation, as a loss accruing to that company.
(3)
For the purposes of this Schedule where a company became a member of the relevant group by virtue of the transfer by or under the transfer legislation of any shares in or other securities of that company or any other company—
(a)
a loss that accrued to that company before it so became a member of that group shall not be a pre-entry loss in relation to that group; F438...
F438(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
For the purposes of this paragraph a company shall be regarded as wholly owned by the Crown if it is—
(a)
a company limited by shares in which there are no issued shares held otherwise than by, or by a nominee of, the Treasury, a Minister of the Crown, a Northern Ireland department or another company wholly owned by the Crown; or
(b)
a company limited by guarantee of which no person other than the Treasury, a Minister of the Crown or a Northern Ireland department, or a nominee of the Treasury, a Minister of the Crown or a Northern Ireland department, is a member.
(5)
In this paragraph—
“enactment” includes any provision of any Northern Ireland legislation, within the meaning of section 24 of the M14Interpretation Act 1978; and
“statutory functions” means functions under any enactment, under any subordinate legislation, within the meaning of the Interpretation Act 1978, or under any statutory rules, within the meaning of the M15Statutory Rules (Northern Ireland) Order 1979.
F440SCHEDULE 7AA Restrictions on setting losses against pre-entry gains
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F441SCHEDULE 7ABRoll-over of degrouping charge: modification of enactments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F442SCHEDULE 7ACExemptions for disposals by companies with substantial shareholding
Part 1The exemptions
The main exemption
1
(1)
A gain accruing to a company (“the investing company”) on a disposal of shares or an interest in shares in another company (“the company invested in”) is not a chargeable gain if the requirements of this Schedule are met.
(2)
The requirements are set out in—
Part 2 (the substantial shareholding requirement), and
Part 3 (requirements to be met in relation to the investing company and the company invested in).
(3)
The exemption conferred by this paragraph does not apply in the circumstances specified in paragraph 5 or the cases specified in paragraph 6.
Application of exemptions in priority to provisions deeming there to be no disposal etc
4
(1)
For the purposes of determining whether an exemption conferred by this Schedule applies, the question whether there is a disposal shall be determined without regard to—
(a)
section 116(10) (reorganisation, conversion of securities, etc treated as not involving disposal),
(b)
section 127 (share reorganisations etc treated as not involving disposal), or
(c)
section 192(2)(a) (distribution not treated as capital distribution).
(2)
Sub-paragraph (1) does not apply to a disposal of shares if the effect of its applying would be that relief attributable to the shares under Schedule 15 to the Finance Act 2000 (corporate venturing scheme) would be withdrawn or reduced under paragraph 46 of that Schedule (withdrawal or reduction of investment relief on disposal of shares).
(3)
Where or to the extent that an exemption conferred by this Schedule does apply—
(a)
the provisions mentioned in sub-paragraph (1)(a) and (b) do not apply in relation to the disposal, and
(b)
the provision mentioned in sub-paragraph (1)(c) does not apply in relation to the subject matter of the disposal.
(4)
Where section 127 is disapplied by sub-paragraph (3)(a) in a case in which that section would otherwise have applied in relation to the disposal by virtue of paragraph 84 of Schedule 15 to the Finance Act 2000 (corporate venturing scheme: share exchanges), paragraph 85 of that Schedule (attribution of relief to new shares) does not apply.
(5)
In this paragraph any reference to section 127 includes a reference to that provision as applied by any enactment relating to corporation tax.
Circumstances in which exemptions do not apply
5
(1)
Where in pursuance of arrangements to which this paragraph applies—
(a)
an untaxed gain accrues to a company (“company A”) on a disposal of shares, or an interest in shares or an asset related to shares, in another company (“company B”), and
(b)
before the accrual of that gain—
(i)
company A acquired control of company B, or the same person or persons acquired control of both companies, or
(ii)
there was a significant change of trading activities affecting company B at a time when it was controlled by company A, or when both companies were controlled by the same person or persons,
none of the exemptions in this Schedule applies to the disposal.
(2)
This paragraph applies to arrangements from which the sole or main benefit that (but for this paragraph) could be expected to arise is that the gain on the disposal would, by virtue of this Schedule, not be a chargeable gain.
(3)
For the purposes of sub-paragraph (1)(a) a gain is “untaxed” if the gain, or all of it but a part that is not substantial, represents profits that have not been brought into account (in the United Kingdom or elsewhere) for the purposes of tax on profits for a period ending on or before the date of the disposal.
(4)
The reference in sub-paragraph (3) to profits being brought into account for the purposes of tax on profits includes a reference to the case where—
(a)
an amount in respect of those profits is apportioned to a company resident in the United Kingdom by virtue of subsection (3) of section 747 of the Taxes Act 1988 (imputation of chargeable profits etc of controlled foreign companies), and
(b)
a sum is chargeable on that company in respect of that amount by virtue of subsection (4) of that section for an accounting period of that company ending on or before the date of the disposal.
(5)
For the purposes of sub-paragraph (1)(b)(ii) there is a “significant change of trading activities affecting company B” if—
(a)
there is a major change in the nature or conduct of a trade carried on by company B or a 51% subsidiary of company B, or
(b)
there is a major change in the scale of the activities of a trade carried on by company B or a 51% subsidiary of company B, or
(c)
company B or a 51% subsidiary of company B begins to carry on a trade.
(6)
In this paragraph—
“arrangements” includes any scheme, agreement or understanding, whether or not legally enforceable;
“major change in the nature or conduct of a trade” has the same meaning as in F444section 673 of CTA 2010 (change of ownership of company: disallowance of trading losses);
“profits” means income or gains (including unrealised income or gains).
Other cases excluded from exemptions
6
(1)
The exemptions conferred by this Schedule do not apply—
(a)
to a disposal that by virtue of any enactment relating to chargeable gains is deemed to be for a consideration such that no gain or loss accrues to the person making the disposal,
(b)
to a disposal a gain on which would, by virtue of any enactment not contained in this Schedule, not be a chargeable gain, or
(c)
to a deemed disposal under F445any of sections 116 to 118 of the Finance Act 2012 (deemed disposal on transfer of asset of insurance company from one category to another).
(2)
The hypothetical disposal referred to in paragraph 2(2)(b) or (3)(b) or paragraph 3(2)(d) shall be assumed not to be a disposal within sub-paragraph (1)(a), (b) or (c) above.
Part 2The substantial shareholding requirement
The requirement
7
The investing company must have held a substantial shareholding in the company invested in throughout a twelve-month period beginning not more than two years before the day on which the disposal takes place.
Aggregation of holdings of group companies
9
(1)
For the purposes of paragraph 7 (the substantial shareholding requirement) a company that is a member of a group is treated—
(a)
as holding any shares or interest in shares held by any other company in the group, and
(b)
as having the same entitlement as any such company to any rights enjoyed by virtue of holding shares or an interest in shares.
(2)
Sub-paragraph (1) is subject to paragraph 17(4) (exclusion of aggregation in case of assets of long-term insurance fund of insurance company).
Effect of earlier no-gain/no-loss transfer
10
(1)
For the purposes of this Part the period for which a company has held shares is treated as extended by any earlier period during which the shares concerned, or shares from which they are derived, were held—
(a)
by a company from which the shares concerned were transferred to the first-mentioned company on a no-gain/ no-loss transfer, or
(b)
by a company from which the shares concerned, or shares from which they are derived, were transferred on a previous no-gain/no-loss transfer—
(i)
to a company within paragraph (a), or
(ii)
to another company within this paragraph.
(2)
For the purposes of sub-paragraph (1)—
(a)
a “no-gain/no-loss transfer” means a disposal and corresponding acquisition that by virtue of any enactment relating to chargeable gains are deemed to be for a consideration such that no gain or loss accrues to the person making the disposal;
(b)
a transfer shall be treated as if it had been a no-gain/no- loss transfer if it is a transfer to which subsection (1) of section 171 (transfers within a group) would apply but for subsection (3) of that section.
(3)
Where sub-paragraph (1) applies to extend the period for which a company (“company A”) is treated as having held any shares, that company shall be treated for the purposes of this Part as having had at any time the same entitlement—
(a)
to shares, and
(b)
to any rights enjoyed by virtue of holding shares,
as the company (“company B”) that at that time held the shares concerned or, as the case may be, the shares from which they are derived.
(4)
The shares and rights to be so attributed to company A include any holding or entitlement attributed at that time to company B under paragraph 9 (aggregation of holdings of group companies).
(5)
In this paragraph, except in paragraphs (a) to (c) of sub-paragraph (6), “shares” includes an interest in shares.
(6)
For the purposes of this paragraph shares are “derived” from other shares only where—
(a)
a company becomes a co-owner of shares previously owned by it alone, or vice versa,
(b)
a company’s interest in shares as co-owner changes (without the company ceasing to be a co-owner),
(c)
one holding of shares is treated by virtue of section 127 as the same asset as another, or
(d)
there is a sequence of two or more of the occurrences mentioned in paragraphs (a) to (c).
The reference in paragraph (c) to section 127 includes a reference to that provision as applied by any enactment relating to corporation tax.
Effect of deemed disposal and reacquisition
11
(1)
For the purposes of this Part a company is not regarded as having held shares throughout a period if, at any time during that period, there is a deemed disposal and reacquisition of—
(a)
the shares concerned, or
(b)
shares, or an interest in shares, from which those shares are derived.
(2)
For the purposes of this Part a company is not regarded as having held an interest in shares throughout a period if, at any time during that period, there is a deemed disposal and reacquisition of—
(a)
the interest concerned, or
(b)
shares, or an interest in shares, from which that interest is derived.
(3)
In this paragraph—
“deemed disposal and reacquisition” means a disposal and immediate reacquisition treated as taking place under any enactment relating to corporation tax;
“derived” has the same meaning as in paragraph 10.
Effect of repurchase agreement
F44812
(1)
This paragraph applies where—
(a)
a company (“the borrower”) which holds shares in another company sells the shares under an arrangement by reference to which the borrower has a debtor repo, and
(b)
by virtue of paragraph 6 of Schedule 13 to the Finance Act 2007 (sale and repurchase of securities) the sale is ignored for the purposes of corporation tax in respect of chargeable gains.
(2)
For the period for which the arrangement is in force—
(a)
the borrower shall be treated for the purposes of this Part as continuing to hold the shares and accordingly as retaining its entitlement to any rights attaching to them, and
(b)
the lender shall be treated for those purposes as not holding the shares and as not becoming entitled to any such rights.
This is subject to the following qualification.
(3)
If at any time before the end of that period the borrower, or another member of the same group as the borrower, becomes the holder—
(a)
of any of the shares, or
(b)
of any shares directly or indirectly representing any of them,
sub-paragraph (2) does not apply after that time in relation to those shares or, as the case may be, the shares represented by them.
(4)
Expressions used in this paragraph and in Schedule 13 to the Finance Act 2007 have the same meaning in this paragraph as in that Schedule.
Effect of stock lending arrangements
13
(1)
This paragraph applies where—
(a)
a company that holds shares in another company transfers the shares under a stock lending arrangement, and
(b)
by virtue of section 263B(2) (stock lending arrangements) the disposal is disregarded for the purposes of the enactments relating to chargeable gains.
(2)
During the period of the stock lending arrangement—
(a)
the lender shall be treated for the purposes of this Part as continuing to hold the shares transferred and accordingly as retaining his entitlement to any rights attached to them, and
(b)
the borrower shall be treated for those purposes as not holding the shares transferred and as not becoming entitled to any such rights.
This is subject to the following qualification.
(3)
If at any time before the end of the period of the stock lending arrangement the lender, or another member of the same group as the lender, becomes the holder—
(a)
of any of the shares transferred, or
(b)
of any shares directly or indirectly representing any of the shares transferred,
sub-paragraph (2) does not apply after that time in relation to those shares or, as the case may be, in relation to the shares represented by those shares.
(4)
In this paragraph a “stock lending arrangement” means arrangements between two persons (“the borrower” and “the lender”) under which—
(a)
the lender transfers shares to the borrower otherwise than by way of sale, and
(b)
a requirement is imposed on the borrower to transfer those shares back to the lender otherwise than by way of sale.
(5)
Any reference in this paragraph to the period of a stock lending arrangement is to the period beginning with the transfer of the shares by the lender to the borrower and ending—
(a)
with the transfer of the shares back to the lender in pursuance of the arrangement, or
(b)
when it becomes apparent that the requirement for the borrower to make a transfer back to the lender will not be complied with.
(6)
The following provisions apply for the purposes of this paragraph as they apply for the purposes of section 263B—
(a)
subsections (5) and (6) of that section (references to transfer back of securities to include transfer of other securities of the same description);
(b)
section 263C (references to transfer back of securities to include payment in respect of redemption).
Effect in relation to company invested in of earlier company reconstruction etc
14
(1)
This paragraph applies where shares in one company (“company X”)—
(a)
are exchanged (or deemed to be exchanged) for shares in another company (“company Y”), or
(b)
are deemed to be exchanged by virtue of section 136 for shares in company X and shares in another company (“company Y”),
in circumstances such that, under section 127 as that section applies by virtue of section 135 or 136, the original shares and the new holding are treated as the same asset.
(2)
Where company Y—
(a)
is the company invested in, and is accordingly the company by reference to which the requirement of paragraph 7 (the substantial shareholding requirement) falls to be met, or
(b)
is a company by reference to which, by virtue of this paragraph, that requirement may be met, or
(c)
is a company by reference to which, by virtue of paragraph 15 (effect of earlier demerger) that requirement may be met,
that requirement may instead be met, in relation to times before the exchange (or deemed exchange), by reference to company X.
(3)
If in any case that requirement can be met by virtue of this paragraph (or by virtue of this paragraph together with paragraph 15), it shall be treated as met.
(4)
In sub-paragraph (1) “original shares” and “new holding” shall be construed in accordance with sections 126, 127, 135 and 136.
Effect in relation to company invested in of earlier demerger
15
(1)
This paragraph applies where shares in one company (“the subsidiary”) are transferred by another company (“the parent company”) on a demerger.
(2)
Where the subsidiary—
(a)
is the company invested in, and is accordingly the company by reference to which the requirement of paragraph 7 (the substantial shareholding requirement) falls to be met, or
(b)
is a company by reference to which, by virtue of this paragraph, that requirement may be met, or
(c)
is a company by reference to which, by virtue of paragraph 14 (effect of earlier company reconstruction etc), that requirement may be met,
that requirement may instead be met, in relation to times before the transfer, by reference to the parent company.
(3)
If in any case that requirement can be met by virtue of this paragraph (or by virtue of this paragraph together with paragraph 14), it shall be treated as met.
(4)
In this paragraph a “transfer of shares on a demerger” means a transfer such that, by virtue of section 192(2)(b), sections 126 to 130 apply as if the parent company and the subsidiary were the same company and the transfer were a reorganisation of that company’s share capital not involving a disposal or acquisition.
F449Effect of transfer of trading assets within a group
15A
(1)
For the purposes of this Part, the period for which the investing company is treated as holding a substantial shareholding in the company invested in is extended in accordance with sub-paragraph (3) if the following conditions are met.
(2)
The conditions are—
(a)
that, immediately before the disposal, the investing company holds a substantial shareholding in the company invested in,
(b)
that an asset which, at the time of the disposal, is being used for the purposes of a trade carried on by the company invested in was transferred to it by the investing company or another company,
(c)
that, at the time of the transfer of the asset, the company invested in, the investing company and, if different, the company which transferred the asset were all members of the same group, and
(d)
that the asset was previously used by a member of the group (other than the company invested in) for the purposes of a trade carried on by that member at a time when it was such a member.
F450(2A)
For the purposes of sub-paragraph (2)(b) and (d), “trade” includes oil and gas exploration and appraisal.
(3)
The investing company is to be treated as having held the substantial shareholding at any time during the final 12 month period when the asset was used as mentioned in sub-paragraph (2)(d) (if it did not hold a substantial shareholding at that time).
(4)
“The final 12 month period” means the period of 12 months ending with the time of the disposal.
Effect of investing company’s liquidation
16
Where assets of the investing company, or of a company that is a member of the same group as the investing company, are vested in a liquidator under section 145 of the Insolvency Act 1986 or Article 123 of the Insolvency (Northern Ireland) Order 1989 or otherwise, this Part applies as if the assets were vested in, and the acts of the liquidator in relation to the assets were the acts of, the company (acquisitions from or disposals to him by the company being disregarded accordingly).
Special rules for assets of F451insurance company held for the purposes of its long-term business
17
(1)
In the following two cases paragraph 8(1) (meaning of substantial shareholding) has effect as if, in paragraphs (a), (b) and (c), “30%" were substituted for “10%".
(2)
The first case is where the investing company is an insurance company and the disposal is of an asset F452held by it for the purposes of its long-term business.
(3)
The second case is where—
(a)
the investing company is a 51% subsidiary of an insurance company, and
(b)
the insurance company holds as an asset F453for the purposes of its long-term business shares or an interest in shares—
(i)
in the investing company, or
(ii)
in another company through which it owns shares in the investing company.
The reference in paragraph (b)(ii) to owning shares through another company has the same meaning as in F454Chapter 3 of Part 24 of CTA 2010 (subsidiaries).
(4)
Where the investing company is a member of a group that includes an insurance company, paragraph 9 (aggregation of holdings of group companies) does not apply in relation to shares or an interest in shares held by the insurance company F455for the purposes of its long-term business.
F456(4A)
The reference in sub-paragraph (2) to an asset F457held by the investing company for the purposes of its long-term business, and the references in sub-paragraphs (3) and (4) to shares or an interest in shares held F458for the purposes of its long-term business, do not include F459an asset or assets which formed part of the long-term business fixed capital of the company in question.
F460(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3Requirements to be met in relation to investing company and company invested in
Requirements relating to the investing company
18
(1)
The investing company must—
(a)
have been a sole trading company or a member of a qualifying group throughout the period (“the qualifying period”)—
(i)
beginning with the start of the latest twelve-month period by reference to which the requirement of paragraph 7 (the substantial shareholding requirement) is met, and
(ii)
ending with the time of the disposal, and
(b)
be a sole trading company or a member of a qualifying group immediately after the time of the disposal.
(2)
For this purpose a “qualifying group” means—
(a)
a trading group, or
(b)
a group that would be a trading group if the activities of any group member that is not established for profit were disregarded to the extent that they are carried on otherwise than for profit.
In determining whether a company is established for profit, no account shall be taken of any object or power of the company that is only incidental to its main objects.
(3)
The requirement in sub-paragraph (1)(a) is met if the investing company was a sole trading company for some of the qualifying period and a member of a qualifying group for the remainder of that period.
(4)
The requirement in sub-paragraph (1)(a) is treated as met if at the time of the disposal—
(a)
the investing company is a member of a group, and
(b)
there is another member of the group in relation to which that requirement would have been met if—
(i)
the subject matter of the disposal had been transferred to it immediately before the disposal in circumstances in which section 171(1) (transfers within a group) applied, and
(ii)
it had made the disposal.
(5)
If the disposal is by virtue of section 28(1) or (2) (asset disposed of under contract) treated as made at a time before the asset is conveyed or transferred, the requirements in sub-paragraph (1)(a) and (b) must also be complied with as they would have effect if the references in those provisions and sub-paragraph (4) to the time of the disposal were to the time of the conveyance or transfer.
(6)
In this paragraph a “sole trading company” means a trading company that is not a member of a group.
Requirements relating to the company invested in
19
(1)
The company invested in must—
(a)
have been a qualifying company throughout the period—
(i)
beginning with the start of the latest twelve-month period by reference to which the requirement of paragraph 7 (the substantial shareholding requirement) is met, and
(ii)
ending with the time of the disposal, and
(b)
be a qualifying company immediately after the time of the disposal.
(2)
For this purpose a “qualifying company” means a trading company or the holding company of a trading group or a trading subgroup.
F461(2A)
If the conditions in paragraph 15A(2)(b) to (d) are met, sub-paragraph (2B) applies for the purpose of determining whether the requirement of sub-paragraph (1)(a) is satisfied.
(2B)
The company invested in is to be treated as having been a trading company at any time during the final 12 month period when the asset was used as mentioned in paragraph 15A(2)(d) (if it was not a trading company at that time).
(2C)
“The final 12 month period” has the meaning given in paragraph 15A(4).
(3)
If the disposal is by virtue of section 28(1) or (2) (asset disposed of under contract) treated as made at a time before the asset is conveyed or transferred, the requirements in sub-paragraph (1)(a) and (b) must also be complied with as they would have effect if the references there to the time of the disposal were to the time of the conveyance or transfer.
Meaning of “trading company"
20
(1)
In this Schedule “trading company” means a company carrying on trading activities whose activities do not include to a substantial extent activities other than trading activities.
(2)
For the purposes of sub-paragraph (1) “trading activities” means activities carried on by the company—
(a)
in the course of, or for the purposes of, a trade being carried on by it,
(b)
for the purposes of a trade that it is preparing to carry on,
(c)
with a view to its acquiring or starting to carry on a trade, or
(d)
with a view to its acquiring a significant interest in the share capital of another company that—
(i)
is a trading company or the holding company of a trading group or trading subgroup, and
(ii)
if the acquiring company is a member of a group, is not a member of that group.
(3)
Activities do not qualify as trading activities under sub-paragraph (2)(c) or (d) unless the acquisition is made, or (as the case may be) the company starts to carry on the trade, as soon as is reasonably practicable in the circumstances.
(4)
The reference in sub-paragraph (2)(d) to the acquisition of a significant interest in the share capital of another company is to an acquisition of ordinary share capital in the other company—
(a)
such as would make that company a 51% subsidiary of the acquiring company, or
(b)
such as would give the acquiring company a qualifying shareholding in a joint venture company without making the two companies members of the same group.
Meaning of “trading group"
21
(1)
In this Schedule “trading group” means a group—
(a)
one or more of whose members carry on trading activities, and
(b)
the activities of whose members, taken together, do not include to a substantial extent activities other than trading activities.
(2)
For the purposes of sub-paragraph (1) “trading activities” means activities carried on by a member of the group—
(a)
in the course of, or for the purposes of, a trade being carried on by any member of the group,
(b)
for the purposes of a trade that any member of the group is preparing to carry on,
(c)
with a view to any member of the group acquiring or starting to carry on a trade, or
(d)
with a view to any member of the group acquiring a significant interest in the share capital of another company that—
(i)
is a trading company or the holding company of a trading group or trading subgroup, and
(ii)
is not a member of the same group as the acquiring company.
(3)
Activities do not qualify as trading activities under sub-paragraph (2)(c) or (d) unless the acquisition is made, or (as the case may be) the group member in question starts to carry on the trade, as soon as is reasonably practicable in the circumstances.
(4)
The reference in sub-paragraph (2)(d) to the acquisition of a significant interest in the share capital of another company is to an acquisition of ordinary share capital in the other company—
(a)
such as would make that company a member of the same group as the acquiring company, or
(b)
such as would give the acquiring company a qualifying shareholding in a joint venture company without making the joint venture company a member of the same group as the acquiring company.
(5)
For the purposes of this paragraph the activities of the members of the group shall be treated as one business (with the result that activities are disregarded to the extent that they are intra-group activities).
Meaning of “trading subgroup"
22
(1)
In this Schedule “trading subgroup” means a subgroup—
(a)
one or more of whose members carry on trading activities, and
(b)
the activities of whose members, taken together, do not include to a substantial extent activities other than trading activities.
(2)
For the purposes of sub-paragraph (1) “trading activities” means activities carried on by a member of the subgroup—
(a)
in the course of, or for the purposes of, a trade being carried on by any member of the subgroup,
(b)
for the purposes of a trade that any member of the subgroup is preparing to carry on,
(c)
with a view to any member of the subgroup acquiring or starting to carry on a trade, or
(d)
with a view to any member of the subgroup acquiring a significant interest in the share capital of another company that—
(i)
is a trading company or the holding company of a trading group or trading subgroup, and
(ii)
is not a member of the same group as the acquiring company.
(3)
Activities do not qualify as trading activities under sub-paragraph (2)(c) or (d) unless the acquisition is made, or (as the case may be) the subgroup member in question starts to carry on the trade, as soon as is reasonably practicable in the circumstances.
(4)
The reference in sub-paragraph (2)(d) to the acquisition of a significant interest in the share capital of another company is to an acquisition of ordinary share capital in the other company—
(a)
such as would make that company a member of the same subgroup as the acquiring company, or
(b)
such as would give the acquiring company a qualifying shareholding in a joint venture company without making the two companies members of the same group.
(5)
For the purposes of this paragraph the activities of the members of the subgroup shall be treated as one business (with the result that activities are disregarded to the extent that they are intra-subgroup activities).
Treatment of holdings in joint venture companies
23
(1)
This paragraph applies where a company (“the company”) has a qualifying shareholding in a joint venture company.
(2)
In determining whether the company is a trading company—
(a)
its holding of shares in the joint venture company shall be disregarded, and
(b)
it shall be treated as carrying on an appropriate proportion—
(i)
of the activities of the joint venture company, or
(ii)
where the joint venture company is a holding company, of the activities of that company and its 51% subsidiaries.
This sub-paragraph does not apply if the company is a member of a group and the joint venture company is a member of the same group.
(3)
In determining whether the company is a member of a trading group or the holding company of a trading group—
(a)
every holding of shares in the joint venture company by a member of the group having a qualifying shareholding in that company shall be disregarded, and
(b)
each member of the group having a qualifying shareholding in the joint venture company shall be treated as carrying on an appropriate proportion—
(i)
of the activities of the joint venture company, or
(ii)
where the joint venture company is a holding company, of the activities of that company and its 51% subsidiaries.
This sub-paragraph does not apply if the joint venture company is a member of the group.
(4)
In determining whether the company is the holding company of a trading subgroup—
(a)
every holding of shares in the joint venture company by the company and any of its 51% subsidiaries having a qualifying shareholding in the joint venture company shall be disregarded, and
(b)
the company and each of its 51% subsidiaries having a qualifying shareholding in the joint venture company shall be treated as carrying on an appropriate proportion—
(i)
of the activities of the joint venture company, or
(ii)
where the joint venture company is a holding company, of the activities of that company and its 51% subsidiaries.
This sub-paragraph does not apply if the joint venture company is a member of the same group as the company.
(5)
In sub-paragraphs (2)(b), (3)(b) and (4)(b) “an appropriate proportion” means a proportion corresponding to the percentage of the ordinary share capital of the joint venture company held by the company concerned.
(6)
In this paragraph “shares”, in relation to a joint venture company, includes securities of that company or an interest in shares in or securities of that company.
(7)
For the purposes of this paragraph the activities of a joint venture company that is a holding company and its 51% subsidiaries shall be treated as a single business (so that activities are disregarded to the extent that they are intra-group activities or, as the case may be, intra-subgroup activities).
Effect in relation to company invested in of earlier company reconstruction, demerger etc
25
The provisions of—
(a)
paragraph 14 (effect of earlier company reconstruction etc), and
(b)
paragraph 15 (effect of earlier demerger),
have effect in relation to the requirements of paragraph 19 (requirements in relation to company invested in) as they have effect in relation to the requirement of paragraph 7 (the substantial shareholding requirement).
Part 4Interpretation
Meaning of “trade"
27
In this Schedule “trade” means anything that—
(a)
is a trade, profession or vocation, within the meaning of the Income Tax Acts, and
(b)
is conducted on a commercial basis with a view to the realisation of profits.
Meaning of “twelve-month period"
28
For the purposes of this Schedule a “twelve-month period” means a period ending with the day before the first anniversary of the day with which, or in the course of which, the period began.
Index of defined expressions
31
In this Schedule the expressions listed below are defined or otherwise explained by the provisions indicated:
asset related to shares | paragraph 30 |
company | paragraph 26(1)(a) |
company invested in | paragraph 1 |
51% subsidiary | paragraph 26(4) and (5) |
group (and member of group) | paragraph 26(1)(b) and (5) |
holding company | paragraph 26(3) |
interest in shares | paragraph 29 |
investing company | paragraph 1 |
joint venture company | paragraph 24(1) |
qualifying shareholding (in joint venture company) | paragraph 24(2) |
subgroup | paragraph 26(2) |
trade | paragraph 27 |
trading company | paragraph 20 |
trading group | paragraph 21 |
trading subgroup | paragraph 22 |
twelve-month period | paragraph 28 |
Part 5Consequential provisions
Negligible value claims
33
(1)
This paragraph applies where—
(a)
a company makes a claim under section 24(2) (assets of negligible value) in relation to shares held by it, and
(b)
by virtue of this Schedule any loss accruing to the company on a disposal of the shares at the time of the claim would not be an allowable loss.
(2)
Where this paragraph applies the company may not exercise the option under section 24(2) to specify a time earlier than the time of the claim as the time when the shares are treated as sold and reacquired by virtue of that subsection.
(3)
This paragraph applies to—
(a)
an interest in shares in a company, or
(b)
an asset related to shares in a company,
as it applies to shares in that company.
Reorganisations etc: deemed accrual of chargeable gain or allowable loss held over on earlier transaction
34
(1)
The exemptions conferred by this Schedule do not apply to or affect a chargeable gain or allowable loss deemed to accrue on a disposal by virtue of section 116(10)(b) (reorganisations, conversions and reconstructions: deemed accrual of gain or loss held over on earlier transaction).
F465(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F466(2)
Sub-paragraph (1) does not apply where the relevant earlier transaction is a disposal and reacquisition deemed to have occurred (in a period of account beginning before 1 January 2005) under section 92(7) of the Finance Act 1996 (convertible securities etc: creditor relationships).
Recovery of charge postponed on transfer of assets to non-resident company
F46735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appropriation of asset to trading stock
36
(1)
Where—
(a)
an asset acquired by a company otherwise than as trading stock of a trade carried on by it is appropriated by the company for the purposes of the trade as trading stock (whether on the commencement of the trade or otherwise), and
(b)
if the company had then sold the asset for its market value, a chargeable gain or allowable loss would have accrued to the company but for an exemption conferred by this Schedule,
the company is treated for the purposes of the enactments relating to chargeable gains as if it had thereby disposed of the asset for its market value.
(2)
Section 173 (transfers within a group: trading stock) applies in relation to this paragraph as it applies in relation to section 161 (appropriations to and from stock).
Recovery of held-over gain on claim for gifts relief
37
(1)
This paragraph applies where—
(a)
a company disposes of an asset,
(b)
the expenditure allowable in computing a gain or loss on that disposal falls to be reduced because of a claim for relief under section 165 (gifts relief) in relation to an earlier disposal, and
(c)
by virtue of this Schedule any gain accruing to the company on the disposal mentioned in paragraph (a) would not be a chargeable gain.
(2)
Where this paragraph applies the amount of the held-over gain, or an appropriate proportion of it, shall be treated as accruing to the company, at the time of the disposal mentioned in sub-paragraph (1)(a), as a chargeable gain to which this Schedule does not apply.
(3)
An “appropriate proportion” means a proportion determined on a just and reasonable basis having regard to the subject matter of the disposal mentioned in sub-paragraph (1)(a) and the subject matter of the earlier disposal that was the subject of the claim for relief under section 165.
(4)
In this paragraph “held-over gain” has the same meaning as in section 165.
Degrouping: time when deemed sale and reacquisition treated as taking place
38
(1)
Where—
(a)
a company, as a result of ceasing at any time (“the time of degrouping”) to be a member of a group, is treated by section 179(3) as having sold and immediately reacquired an asset, and
(b)
if the company owning the asset at the time of degrouping had disposed of it immediately before that time, any gain accruing on the disposal would by virtue of this Schedule not have been a chargeable gain,
section 179(3) shall have effect as if it provided for the deemed sale and reacquisition to be treated as taking place immediately before the time of degrouping.
(2)
Where—
(a)
a company, as a result of ceasing at any time (“the relevant time”) to satisfy the conditions in section 179(7), is treated by section 179(6) as having sold and immediately reacquired an asset, and
(b)
if the company owning the asset at the relevant time had disposed of it immediately before that time, any gain accruing on the disposal would by virtue of this Schedule not have been a chargeable gain,
section 179(6) shall have effect as if it provided for the deemed sale and reacquisition to be treated as taking place immediately before the relevant time.
(3)
Any reference in this paragraph to a disposal or other event taking place immediately before the time of degrouping or the relevant time is to its taking place immediately before that time but on the same day.
Effect of FOREX matching regulations
39
(1)
No gain or loss shall be treated as arising under the FOREX matching regulations on a disposal on which by virtue of this Schedule any gain would not be a chargeable gain.
(2)
The “FOREX matching regulations” means any regulations made under Schedule 15 to the Finance Act 1993 (exchange gains and losses: alternative method of calculation).
F468SCHEDULE 7ADGains of insurance company from venture capital investment partnership
Introduction
1
This Schedule applies where F469the assets held by an insurance company (“the company”) for the purposes of its long-term business include assets held by the company as a limited partner in a venture capital investment partnership (“the partnership”).
Meaning of “venture capital investment partnership”
2
(1)
A “venture capital investment partnership” means a partnership in relation to which the following conditions are met.
(2)
The first condition is that the sole or main purpose of the partnership is to invest in unquoted shares or securities.
This condition shall not be regarded as met unless it appears from—
(a)
the agreement constituting the partnership, or
(b)
any prospectus issued to prospective partners,
that that is the sole or main purpose of the partnership.
(3)
The second condition is that the partnership does not carry on a trade.
(4)
The third condition is that not less than 90% of the book value of the partnership’s investments is attributable to investments that are either—
(a)
shares or securities that were unquoted at the time of their acquisition by the partnership, or
(b)
shares that were quoted at the time of their acquisition by the partnership but which it was reasonable to believe would cease to be quoted within the next twelve months.
(5)
For the purposes of the third condition—
(a)
the following shall be disregarded—
(i)
any holding of cash, including cash deposited in a bank account or similar account but not cash acquired wholly or partly for the purpose of realising a gain on its disposal;
(ii)
any holding of quoted shares or securities acquired by the partnership in exchange for unquoted shares or securities;
(b)
whether the 90% test is met shall be determined by reference to the values shown in the partnership’s accounts at the end of a period of account of the partnership.
(6)
Where a partnership ceases to meet the above conditions, the company shall be treated as if the partnership had continued to be a venture capital investment partnership until the end of the period of account of the partnership during which it ceased to meet the conditions.
(7)
A partnership that ceases to meet those conditions cannot qualify again as a venture capital investment partnership.
For this purpose a partnership is treated as the same partnership notwithstanding a change in membership if any person who was a member before the change remains a member.
Interest in relevant assets of partnership treated as single asset
3
(1)
Where this Schedule applies section 59 (partnerships) does not have effect to make the company chargeable on its share of gains accruing on each disposal of relevant assets of the partnership.
(2)
Instead—
(a)
the company’s interest in relevant assets of the partnership is treated as a single asset (“the single asset”) acquired by the company when it became a member of the partnership, and
(b)
the following provisions of this Schedule have effect.
(3)
For the purposes of this Schedule the “relevant assets” of the partnership are the shares and securities held by the partnership, other than qualifying corporate bonds.
(4)
Nothing in this Schedule shall be read—
(a)
as affecting the operation of section 59 in relation to partners who are not insurance companies carrying on long-term business or are not limited partners, or
(b)
as imposing any liability on the partnership as such.
The cost of the single asset
4
(1)
The company is treated as having given, wholly and exclusively for the acquisition of the single asset, consideration equal to the amount of capital contributed by it on becoming a member of the partnership.
(2)
Any further amounts of capital contributed by it to the partnership are treated on a disposal of the single asset as expenditure incurred wholly and exclusively on the asset for the purpose of enhancing its value and reflected in its state or nature at the time of the disposal.
(3)
Where the investments of the partnership include qualifying corporate bonds, the amount to be taken into account under sub-paragraph (1) or (2) is proportionately reduced.
(4)
The reduction is made by applying to that amount the fraction:
where—
A is the book value of all shares and securities held by the partnership at the end of the period of account of the partnership in which the amount of capital in question is fully invested by the partnership, and
B is the book value of all qualifying corporate bonds held by the partnership at the end of that period of account.
(5)
For the purposes of sub-paragraph (4) the “book value” means the value shown in the partnership’s accounts at the end of the period of account.
Deemed disposal of single asset in case of distribution
5
(1)
There is a disposal of the single asset on each occasion on which the company receives a distribution from the partnership that does not consist entirely of income or the proceeds of sale or redemption of assets that are not relevant assets.
(2)
The disposal is taken to be for a consideration equal to the amount of the distribution or of so much of it as does not consist of income or the proceeds of sale or redemption of assets that are not relevant assets.
(3)
Where—
(a)
the partnership disposes of relevant assets on which a chargeable gain or allowable loss would accrue if they were held by the company alone, and
(b)
no distribution of the proceeds of the disposal is made within twelve months of the disposal,
the company is treated as having received its share of the proceeds as a distribution at the end of the period of account of the partnership following that in which the disposal took place, or at the end of the period of six months after the date of the disposal, whichever is the later.
(4)
The operation of sub-paragraph (3) is not affected by the partnership having ceased to be a venture capital investment partnership before the time at which the distribution is treated as received by the company.
(5)
Where sub-paragraph (3) applies, any subsequent actual distribution of the proceeds is disregarded.
Apportionment in case of part disposal
6
(1)
For the purposes of section 42 (apportionment of cost etc in case of part disposal) the market value of the property remaining undisposed of on a part disposal of the single asset shall be determined as follows.
(2)
If there is no further disposal of that asset in the period of account in which the part disposal in question takes place, the market value of the property remaining undisposed of shall be taken to be equal to the company’s share of the book value of the relevant assets of the partnership as shown in the partnership’s accounts at the end of that period of account.
(3)
If there is a further disposal of that asset in the period of account in which the part disposal in question takes place, or more than one, the market value of the property remaining undisposed of shall be taken to be equal to the sum of—
(a)
the amount or value of the consideration on the further disposal or, as the case may be, the total amount or value of the consideration on the further disposals, and
(b)
the amount (if any) of the company’s share of the book value of the relevant assets of the partnership as shown in the partnership’s accounts at the end of that period of account.
Disposal of partnership asset giving rise to offshore income gain
7
(1)
(2)
Where an offshore income gain accrues to the company under F472such regulations from the disposal of any relevant asset of the partnership, the amount of any distribution received or treated as received by the company from the partnership that represents the whole or part of the proceeds of disposal of that asset is treated for the purposes of this Schedule as reduced by the amount of the whole or a corresponding part of the offshore income gain.
Exclusion of negligible value claim
8
No claim may be made in respect of the single asset under section 24(2) (assets that have become of negligible value).
Investment in other venture capital investment partnerships
9
(1)
For the purposes of paragraph 2 (meaning of “venture capital investment partnership”) an investment by way of capital contribution to another venture capital investment partnership shall be treated as an investment in unquoted shares or securities.
(2)
The Treasury may by regulations make provision, in place of but corresponding to that made by paragraphs 3 to 8, in relation to gains accruing on a disposal of relevant assets by such a partnership.
(3)
The regulations may make provision for any period of account to which, in accordance with paragraphs 11 to 13, this Schedule applies.
Interpretation
10
(1)
In this Schedule—
F473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“limited partner” means—
(a)
a person carrying on a business as a limited partner in a partnership registered under the Limited Partnership Act 1907, or
(b)
a person carrying on a business jointly with others who, under the law of a country or territory outside the United Kingdom, is not entitled to take part in the management of the business and is not liable beyond a certain limit for debts or obligations incurred for the purposes of the business;
“relevant assets” has the meaning given by paragraph 3(3);
“securities” has the same meaning as in section 132 and also includes any debentures;
“unquoted” and “quoted”, in relation to shares or securities, refer to listing on a recognised stock exchange.
(2)
References in this Schedule to the partnership’s accounts are to accounts drawn up in accordance with generally accepted accounting practice.
If no such accounts are drawn up, the references to the treatment of any matter, or the amounts shown, in the accounts of the partnership are to what would have appeared if accounts had been drawn up in accordance with generally accepted accounting practice.
(3)
References in this Schedule to capital contributed to a limited partnership include amounts purporting to be provided by way of loan if—
(a)
the loan carries no interest,
(b)
all the limited partners are required to make such loans, and
(c)
the loans are accounted for as partners' capital, or partners' equity, in the accounts of the partnership.
(4)
For the purposes of this Schedule the assets of—
(a)
a Scottish partnership, or
(b)
a partnership under the law of any other country or territory under which assets of a partnership are regarded as held by or on behalf of the partnership as such,
shall be treated as held by the members of the partnership in the proportions in which they are entitled to share in the profits of the partnership.
References in this Schedule to the company’s interest in, or share of, the partnership’s assets shall be construed accordingly.
General commencement and transitional provisions
11
(1)
Subject to paragraph 12 (election to remain outside Schedule), this Schedule applies—
(a)
to periods of account of the partnership beginning on or after 1st January 2002, and
(b)
to a period of account of the partnership beginning before that date and ending on or after it, unless the company elects that it shall not do so.
(2)
Where the company became a member of the partnership before the beginning of the first period of account of the partnership to which this Schedule applies, the cost of the single asset at the beginning of that period of account shall be taken to be equal to the total of the relevant indexed base costs.
(3)
For the purposes of sub-paragraph (2)—
(a)
the “indexed base cost” means—
(i)
in relation to a holding that by virtue of section 104 is to be treated as a single asset, what would be the indexed pool of expenditure within the meaning of section 110 if the holding were disposed of, and
(ii)
in relation to any other asset, the amount of expenditure together with the indexation allowance that would be fall to be deducted if the asset were disposed of; and
(b)
the “relevant indexed base costs” means the indexed base costs that would be taken into account in computing in accordance with section 59 the gain or loss of the company if all the shares and securities (other than qualifying corporate bonds) held by the partnership were disposed of on the last day of the company’s accounting period immediately preceding its first accounting period beginning on or after 1st January 2002.
(4)
No account shall be taken under this Schedule of a distribution by the partnership in a period of account to which this Schedule applies to the extent that it represents a chargeable gain accruing in an earlier period to which this Schedule does not apply.
Election to remain outside Schedule
12
If the company—
(a)
became a member of the partnership before the beginning of the first period of account of the partnership to which this Schedule would otherwise apply, or
(b)
made its first contribution of capital to the partnership before 17th April 2002,
it may elect that the provisions of this Schedule shall not apply to it in relation to that partnership.
How and when election to be made
13
Any election under paragraph 11 or 12 must be made—
(a)
by notice to an officer of the Board,
(b)
not later than the end of the period of two years after the end of the company’s first accounting period beginning on or after 1st January 2002.
F474 SCHEDULE 7BModification of Act in relation to overseas life insurance companies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F475SCHEDULE 7CRelief for transfers to F476Schedule 2 share plans
Introductory
1
(1)
A person (“the claimant”) who makes a disposal of shares (“the disposal”) to the trustees of the plan trust of F477a share incentive plan (“the plan”) is entitled to claim relief under paragraph 5 if—
(a)
the conditions in paragraph 2 are fulfilled, and
(b)
paragraph 3(1) or (2) applies.
(2)
Sub-paragraph (1) does not apply to a company that makes a disposal of shares.
(3)
In this paragraph the references to a disposal of shares include a disposal of an interest in shares.
Conditions relating to the disposal
2
(1)
(2)
The second condition is that the relevant shares meet the requirements in F480Part 4 of that Schedule (types of shares that may be F481awarded) in relation to the plan.
For this purpose that Part applies as if paragraph F48227(1)(a) and (c) and (2) (listed shares and shares in a company under the control of a company whose shares are listed) were omitted.
(3)
The third condition is that, at any time in the entitlement period, the trustees hold, for the beneficiaries of the plan trust, shares in the relevant company that—
(a)
constitute not less than 10% of the ordinary share capital of the company, and
(b)
carry rights to not less than 10% of—
(i)
any profits available for distribution to shareholders of the company, and
(ii)
any assets of that company available for distribution to its shareholders in the event of a winding up.
(4)
For the purposes of sub-paragraph (3), shares that have been appropriated to, or acquired on behalf of, an individual under the plan shall continue to be treated as held by the trustees of the plan trust for the beneficiaries of that trust until such time as they cease to be subject to the plan (within the meaning F483given by paragraph 97 of Schedule 2 to ITEPA 2003).
(5)
The fourth condition is that, at all times in the proscribed period, there are no unauthorised arrangements under which the claimant or a person connected with him may be entitled to acquire (directly or indirectly) from the trustees of the plan trust any shares, or an interest in or right deriving from any shares.
(6)
For the purposes of this paragraph—
“ordinary share capital” has the meaning given in F484section 989 of ITA 2007;
“the relevant company” means the company of whose share capital the relevant shares form part; and
“the relevant shares” means the shares that are, or an interest in which is, the subject of the disposal.
Reinvestment of disposal proceeds
3
(1)
This sub-paragraph applies if the claimant obtains consideration for the disposal and, at any time in the acquisition period, all of the amount or value of the consideration is applied by him in making an acquisition of assets or an interest in assets (“replacement assets”) which—
(a)
are, immediately after the time of the acquisition, chargeable assets in relation to the claimant, and
(b)
are not shares in, or debentures issued by, the relevant company or a company which is (at the time of the acquisition) in the same group as the relevant company;
but the preceding provisions of this sub-paragraph shall have effect without the words “, at any time in the acquisition period,” if the acquisition is made pursuant to an unconditional contract entered into in the acquisition period.
(2)
This sub-paragraph applies if—
(a)
sub-paragraph (1) would have applied but for the fact that part only of the amount or value mentioned in that sub-paragraph is applied as there mentioned, and
(b)
all the amount or value so mentioned except for a part which is less than the amount of the gain (whether all chargeable gain or not) accruing on the disposal is so applied.
(3)
In sub-paragraph (1)(b)—
“the relevant company” has the meaning given in paragraph 2(6); and
“group” shall be construed in accordance with section 170.
Provision supplementary to paragraphs 2 and 3
4
(1)
This paragraph applies for the purposes of paragraphs 2 and 3.
(2)
The entitlement period is the period beginning with the disposal and ending on the expiry of 12 months beginning with the date of the disposal.
(3)
The acquisition period is the period beginning with the disposal and ending on the expiry of six months beginning with—
(a)
the date of the disposal, or
(b)
if later, the date on which the third condition (set out in paragraph 2(3)) is first fulfilled.
(4)
The proscribed period is the period beginning with the disposal and ending on—
(a)
the date of the acquisition, or
(b)
if later, the date on which the third condition (set out in paragraph 2(3)) is first fulfilled.
(5)
All arrangements are unauthorised unless they only allow shares to be appropriated to or acquired on behalf of an individual under the plan.
The relief
5
(1)
Where the claimant is entitled to claim relief under this paragraph and paragraph 3(1) applies, he shall, on making a claim in the period of 2 years beginning with the acquisition, be treated for the purposes of this Act—
(a)
as if the consideration for the disposal were (if otherwise of a greater amount or value) of such amount as would secure that on the disposal neither a gain nor a loss accrues to him, and
(b)
as if the amount or value of the consideration for the acquisition were reduced by the excess of the amount or value of the actual consideration for the disposal over the amount of the consideration which the claimant is treated as receiving under paragraph (a).
(2)
Where the claimant is entitled to claim relief under this paragraph and paragraph 3(2) applies, he shall, on making a claim in the period of 2 years beginning with the acquisition, be treated for the purposes of this Act—
(a)
as if the amount of the gain accruing on the disposal were reduced to the amount of the part mentioned in paragraph 3(2)(b), and
(b)
as if the amount or value of the consideration for the acquisition were reduced by the amount by which the gain is reduced under paragraph (a) above.
(3)
Nothing in sub-paragraph (1) or (2) shall affect the treatment for the purposes of this Act of the other party to the disposal or of the other party to the acquisition.
(4)
The provisions of this Act fixing the amount of the consideration deemed to be given for a disposal or acquisition shall be applied before the preceding provisions of this paragraph are applied.
Dwelling-houses: special provision
6
(1)
Sub-paragraph (2) applies where—
(a)
a claim is made under paragraph 5,
(b)
immediately after the time of the acquisition mentioned in paragraph 3 and apart from this paragraph, any replacement asset was a chargeable asset in relation to the claimant,
(c)
the asset is a dwelling-house or part of a dwelling-house or land, and
(d)
there was a time in the period beginning with the acquisition and ending with the time when paragraph 5(1) or (2) falls to be applied such that, if the asset (or an interest in it) were disposed of at that time, it would be within section 222(1) and the individual there mentioned would be the claimant or the claimant’s spouse F485or civil partner.
(2)
In such a case the asset shall be treated as if, immediately after the time of the acquisition mentioned in paragraph 3, it was not a chargeable asset in relation to the claimant.
(3)
Sub-paragraph (4) applies where—
(a)
the provisions of paragraph 5(1) or (2) have been applied,
(b)
any replacement asset which, immediately after the time of the acquisition mentioned in paragraph 3 and apart from this paragraph, was a chargeable asset in relation to the claimant consists of a dwelling-house or part of a dwelling-house or land, and
(c)
there is a time after paragraph 5(1) or (2) has been applied such that, if the asset (or an interest in it) were disposed of at that time, it would be within section 222(1) and the individual there mentioned would be the claimant or the claimant’s spouse F486or civil partner.
(4)
In such a case—
(a)
the asset shall be treated as if, immediately after the time of the acquisition mentioned in paragraph 3, it was not a chargeable asset in relation to the claimant and adjustments shall be made accordingly, but
(b)
any gain treated as accruing in consequence of the application of paragraph (a) shall be treated as accruing at the time mentioned in sub-paragraph (3)(c) or, if there is more than one such time, at the earliest of them.
(5)
Sub-paragraph (6) applies where—
(a)
a claim is made under paragraph 5,
(b)
immediately after the time of the acquisition mentioned in paragraph 3 and apart from this paragraph, any replacement asset was a chargeable asset in relation to the claimant,
(c)
the asset was an option to acquire (or to acquire an interest in) a dwelling-house or part of a dwelling-house or land,
(d)
the option has been exercised, and
(e)
there was a time in the period beginning with the exercise of the option and ending with the time when paragraph 5(1) or (2) falls to be applied such that, if the asset acquired on exercise of the option were disposed of at that time, it would be within section 222(1) and the individual there mentioned would be the claimant or the claimant’s spouse F487or civil partner.
(6)
In such a case the option shall be treated as if, immediately after the time of the acquisition mentioned in paragraph 3, it was not a chargeable asset in relation to the claimant.
(7)
Sub-paragraph (8) applies where—
(a)
the provisions of paragraph 5(1) or (2) have been applied,
(b)
any replacement asset which, immediately after the time of the acquisition mentioned in paragraph 3 and apart from this paragraph, was a chargeable asset in relation to the claimant consisted of an option to acquire (or to acquire an interest in) a dwelling-house or part of a dwelling-house or land,
(c)
the option has been exercised, and
(d)
there is a time after paragraph 5(1) or (2) has been applied such that, if the asset acquired on exercise of the option were disposed of at that time, it would be within section 222(1) and the individual there mentioned would be the claimant or the claimant’s spouse F488or civil partner.
(8)
In such a case—
(a)
the option shall be treated as if, immediately after the time of the acquisition mentioned in paragraph 3, it was not a chargeable asset in relation to the claimant and adjustments shall be made accordingly, but
(b)
any gain treated as accruing in consequence of the application of paragraph (a) shall be treated as accruing at the time mentioned in sub-paragraph (7)(d) or, if there is more than one such time, at the earliest of them.
(9)
References in this paragraph to an individual include a person entitled to occupy under the terms of a settlement.
Meaning of “chargeable asset”
8
For the purposes of this Schedule an asset is a chargeable asset in relation to the claimant at a particular time if, were the asset to be disposed of at that time, any gain accruing to him on the disposal would be a chargeable gain, and either—
F491(a)
the claimant would be chargeable to capital gains tax under section 2(1) (persons and gains chargeable to capital gains tax) in respect of the gain, or
(b)
he would be chargeable to capital gains tax under section 10(1) (non-resident with United Kingdom branch or agency) in respect of the gain,
unless (were he to dispose of the asset at that time) the claimant would fall to be regarded for the purposes of any double taxation relief arrangements as not liable in the United Kingdom to tax on any gains accruing to him on the disposal.
F492SCHEDULE 7DF493... Share schemes and share incentives
Part 1F494Schedule 2 share incentive plans
Introductory
1
(1)
The provisions of this Part of this Schedule apply for capital gains tax purposes in relation to F495a Schedule 2 share incentive plan (“the plan”).
(2)
This Part of this Schedule forms part of the SIP code (see section 488 of ITEPA 2003 (F496... share incentive plans)).
(3)
Accordingly, expressions used in this Part of this Schedule and contained in the index at the end of Schedule 2 to that Act (F496... share incentive plans) have the meaning indicated by the index.
(4)
In particular, for the purposes of paragraphs 5 and 7 of this Schedule “market value” has the meaning given by paragraph 92 of Schedule 2 to that Act (determination of market value); and Part 8 of this Act has effect subject to this paragraph.
Gains accruing to trustees
2
(1)
Any gain accruing to the trustees is not a chargeable gain if the shares—
(a)
are shares in relation to which the requirements of Part 4 of Schedule 2 to ITEPA 2003 (F497... share incentive plans: types of shares that may be awarded) are met, and
(b)
are awarded to employees, or acquired on their behalf as dividend shares, in accordance with the plan within the relevant period.
(2)
If any of the shares in the company in question are readily convertible assets at the time the shares are acquired by the trustees, the relevant period is the period of two years beginning with the date on which the shares were acquired by the trustees.
This is subject to sub-paragraph (4).
(3)
If at the time of the acquisition of the shares by the trustees none of the shares in the company in question are readily convertible assets, the relevant period is—
(a)
the period of five years beginning with the date on which the shares were acquired by the trustees, or
(b)
if within that period any of the shares in that company become readily convertible assets, the period of two years beginning with the date on which they did so,
whichever ends first.
This is subject to sub-paragraph (4).
(4)
If the shares are acquired by the trustees by virtue of a payment in respect of which a deduction is allowed under F498section 989 of CTA 2009 (deduction for contribution to plan trust), the relevant period is the period of ten years beginning with the date of acquisition.
(5)
For the purposes of determining whether shares are awarded to a participant within the relevant period, shares acquired by the trustees at an earlier time are taken to be awarded to a participant before shares of the same class acquired by the trustees at a later time.
(6)
Sub-paragraph (5) is subject to paragraph 78(1) of Schedule 2 to ITEPA 2003 (acquisition by trustees of shares from employee share ownership trust).
(7)
For the purposes of this paragraph “readily convertible assets” has the meaning given by sections 701 and 702 of that Act (readily convertible assets).
This is subject to sub-paragraph (8).
(8)
In determining for the purposes of this paragraph whether shares are readily convertible assets any market for the shares that—
(a)
is created by virtue of the trustees acquiring shares for the purposes of the plan, and
(b)
exists solely for the purposes of the plan,
shall be disregarded.
(9)
In relation to shares acquired by the trustees before 11th May 2001 this paragraph has effect with the substitution—
(a)
in sub-paragraph (2), of “If the shares are readily convertible assets at the time they” for the words before “are acquired”, and
(b)
in sub-paragraph (3)—
(i)
of “If at the time of their acquisition by the trustees the shares are not readily convertible assets” for the words before “the relevant period”, and
(ii)
in paragraph (b), of “the shares in question” for “any of the shares in that company”.
Participant absolutely entitled as against trustees
3
(1)
Sub-paragraph (2) applies to any shares awarded to a participant under the plan.
(2)
The participant is treated for capital gains tax purposes as absolutely entitled to those shares as against the trustees.
(3)
Sub-paragraph (2) applies notwithstanding anything in the plan or the trust instrument.
Deemed disposal by trustees on disposal of beneficial interest
6
(1)
If at any time the participant’s beneficial interest in any of his shares is disposed of, the shares in question shall be treated for the purposes of the SIP code as having been disposed of at that time by the trustees for the like consideration as was obtained for the disposal of the beneficial interest.
(2)
For this purpose there is no disposal of the participant’s beneficial interest if and at the time when—
(a)
in England and Wales or Northern Ireland, that interest becomes vested in any person on the insolvency of the participant or otherwise by operation of law, or
(b)
in Scotland, that interest becomes vested in a judicial factor, in a trustee of the participant’s sequestrated estate or in a trustee for the benefit of the participant’s creditors.
(3)
If a disposal of shares falling within this paragraph is not at arm’s length, the proceeds of the disposal shall be taken for the purposes of the SIP code to be equal to the market value of the shares at the time of the disposal.
Disposal of rights under rights issue
8
(1)
Any gain accruing on the disposal of rights under paragraph 77 of Schedule 2 to ITEPA 2003 (power of trustees to raise funds to subscribe for rights issue) is not a chargeable gain.
(2)
Sub-paragraph (1) does not apply to a disposal of rights unless similar rights are conferred in respect of all ordinary shares in the company.
Part 2F499Schedule 3SAYE option schemes
Introductory
9
(1)
This Part of this Schedule forms part of the SAYE code (see section 516 of ITEPA 2003 (F500... SAYE option schemes)).
(2)
Accordingly, expressions used in this Part of this Schedule and contained in the index at the end of Schedule 3 to that Act (F500... SAYE option schemes) have the meaning indicated by the index.
Market value rule not to apply
10
(1)
This paragraph applies where—
(a)
a share option (“the option”) has been granted to an individual—
(i)
in accordance with the provisions of F501a Schedule 3 SAYE option scheme, and
(ii)
by reason of the individual’s office or employment as a director or employee of a company,
(b)
the individual exercises the option in accordance with the provisions of the SAYE option scheme at a time when the scheme is F502a Schedule 3 SAYE option scheme, and
(c)
condition A or condition B in section 519(2) or (3) of ITEPA 2003 (no charge in respect of exercise of option) is met.
(2)
The company mentioned in sub-paragraph (1)(a)(ii) may be—
(a)
the company whose shares are the subject of the option, or
(b)
some other company.
F503(3)
Sub-paragraph (3A) applies for the purposes of sub-paragraph (1)(b) if—
(a)
the SAYE option scheme is not to be a Schedule 3 SAYE option scheme by virtue of paragraph 40H or 40I of Schedule 3 to ITEPA 2003, and
(b)
the option was granted before, but exercised at or after, the time mentioned in paragraph 40H(2)(a)(i) or (ii) or 40I(7)(a)(i) or (ii) of that Schedule (as the case may be).
(3A)
The scheme is to be taken still to be a Schedule 3 SAYE option scheme when the option is exercised.
(4)
Section 17(1) (disposals and acquisitions treated as made at market value) shall not apply in calculating the consideration for—
(a)
the individual’s acquisition of shares by the exercise of the option, or
(b)
any corresponding disposal of those shares to the individual.
(5)
References in sub-paragraphs (1)(b) and (4) above to the individual include references to a person exercising the option in accordance with provision included in the scheme by virtue of paragraph 32 of Schedule 3 to ITEPA 2003 (exercise of options: death); and sub-paragraph (1)(c) above does not apply in relation to a person so exercising the option.
Part 3F504Schedule 4CSOP schemes
Introductory
11
(1)
This Part of this Schedule forms part of the CSOP code (see section 521 of ITEPA 2003 ( F505... CSOP schemes)).
(2)
Accordingly, expressions used in this Part of this Schedule and contained in the index at the end of Schedule 4 to that Act ( F506... CSOP schemes) have the meaning indicated by the index.
(3)
This Part of this Schedule applies where—
(a)
a share option (“the option”) has been granted to an individual—
(i)
in accordance with the provisions of F507a Schedule 4 CSOP scheme, and
(ii)
by reason of the individual’s office or employment as a director or employee of a company, and
(b)
shares (“the relevant shares”) are acquired by the exercise of the option.
(4)
The company mentioned in sub-paragraph (3)(a)(ii) may be—
(a)
the company whose shares are the subject of the option, or
(b)
some other company.
Relief where income tax charged in respect of grant of option
12
(1)
This paragraph applies where an amount (the “employment income amount”) counted as employment income of the individual under section 526 of ITEPA 2003 (charge where option granted at a discount) in respect of the option.
(2)
For the purposes of section 38(1)(a) (acquisition and disposal costs etc.), that part of the employment income amount which is attributable to the relevant shares shall be treated as consideration given for the acquisition of the relevant shares.
(3)
This paragraph also applies where the individual was chargeable to income tax on an amount in respect of the option under—
(a)
subsection (6) of section 185 of ICTA (as it had effect before 1st January 1992),
(b)
subsection (6A) of that section (as it had effect in relation to options obtained on or after 1st January 1992 but before 29th April 1996), or
(c)
subsection (6) of that section (as it had effect in relation to options obtained on or after 29th April 1996);
and in such a case the “employment income amount” means the amount on which the individual was so chargeable.
(4)
This paragraph applies whether or not—
(a)
the exercise of the option is in accordance with the provisions of the CSOP scheme, or
(b)
the CSOP scheme is F508a Schedule 4 CSOP scheme at the time of the exercise.
Market value rule not to apply
13
(1)
This paragraph applies where—
(a)
the individual exercises the option in accordance with the provisions of the CSOP scheme at a time when the scheme is F509a Schedule 4 CSOP scheme, and
(b)
the condition in section 524(2) of ITEPA 2003 (no charge in respect of exercise of option) is met.
(2)
Section 17(1) (disposals and acquisitions treated as made at market value) shall not apply in calculating the consideration for—
(a)
the individual’s acquisition of the relevant shares by the exercise of the option, or
(b)
any corresponding disposal of the relevant shares to the individual.
(3)
Sub-paragraph (2) also applies where the option is exercised at a time when the scheme is F510a Schedule 4 CSOP scheme in accordance with provision included in the scheme by virtue of paragraph 25 of Schedule 4 to ITEPA 2003 (exercise of options: death); and references in that sub-paragraph to the individual are to be read accordingly.
Part 4Enterprise management incentives
Introductory
14
(1)
This Part of this Schedule forms part of the EMI code (see section 527 of ITEPA 2003 (enterprise management incentives: qualifying options)).
(2)
Accordingly, expressions used in this Part of this Schedule and contained in the index at the end of Schedule 5 to that Act (enterprise management incentives) have the meaning indicated by the index.
(3)
In this Part of this Schedule, “qualifying shares”—
(a)
means shares acquired by the exercise of a qualifying option, subject to sub-paragraphs (4) and (5), and
(b)
includes shares (“replacement shares”) which—
(i)
are treated under section 127 (equation of original shares and new holding) as the same asset as a holding of qualifying shares, and
(ii)
meet the requirements of paragraph 35 of Schedule 5 to ITEPA 2003 (type of shares that may be acquired).
(4)
If a disqualifying event occurs in relation to a qualifying option (whether the original option or a replacement option), shares acquired by the exercise of that option are qualifying shares only if the option is exercised within 40 days of that event.
(5)
References in this Part of this Schedule to “the original option”, where there has been one or more replacement options, are to the option that the replacement option (or, if there has been more than one, the first of them) replaced.
SCHEDULE 8Leases
Leases of land as wasting assets: curved line restriction of allowable expenditure
1
(1)
A lease of land shall not be a wasting asset until the time when its duration does not exceed 50 years.
(2)
If at the beginning of the period of ownership of a lease of land it is subject to a sublease not at a rackrent and the value of the lease at the end of the duration of the sublease, estimated as at the beginning of the period of ownership, exceeds the expenditure allowable under section 38(1)(a) in computing the gain accruing on a disposal of the lease, the lease shall not be a wasting asset until the end of the duration of the sublease.
(3)
In the case of a wasting asset which is a lease of land the rate at which expenditure is assumed to be written off shall, instead of being a uniform rate as provided by section 46, be a rate fixed in accordance with the Table below.
(4)
Accordingly, for the purposes of the computation of the gain accruing on a disposal of a lease, and given that —
(a)
the percentage derived from the Table for the duration of the lease at the beginning of the period of ownership is P(1),
(b)
the percentage so derived for the duration of the lease at the time when any item of expenditure attributable to the lease under section 38(1)(b) is first reflected in the nature of the lease is P(2), and
(c)
the percentage so derived for the duration of the lease at the time of the disposal is P(3), then—
(i)
there shall be excluded from the expenditure attributable to the lease under section 38(1)(a) a fraction equal to —
and
(ii)
there shall be excluded from any item of expenditure attributable to the lease under section 38(1)(b) a fraction equal to—
(5)
This paragraph applies notwithstanding that the period of ownership of the lease is a period exceeding 50 years and, accordingly, no expenditure shall be written off under this paragraph in respect of any period earlier than the time when the lease becomes a wasting asset.
(6)
Section 47 shall apply in relation to this paragraph as it applies in relation to section 46.
Years | Percentage |
50 (or more) | 100 |
49 | 99.657 |
48 | 99.289 |
47 | 98.902 |
46 | 98.490 |
45 | 98.059 |
44 | 97.595 |
43 | 97.107 |
42 | 96.593 |
41 | 96.041 |
40 | 95.457 |
39 | 94.842 |
38 | 94.189 |
37 | 93.497 |
36 | 92.761 |
35 | 91.981 |
34 | 91.156 |
33 | 90.280 |
32 | 89.354 |
31 | 88.371 |
30 | 87.330 |
29 | 86.226 |
28 | 85.053 |
27 | 83.816 |
26 | 82.496 |
25 | 81.100 |
24 | 79.622 |
23 | 78.055 |
22 | 76.399 |
21 | 74.635 |
20 | 72.770 |
19 | 70.791 |
18 | 68.697 |
17 | 66.470 |
16 | 64.116 |
15 | 61.617 |
14 | 58.971 |
13 | 56.167 |
12 | 53.191 |
11 | 50.038 |
10 | 46.695 |
9 | 43.154 |
8 | 39.399 |
7 | 35.414 |
6 | 31.195 |
5 | 26.722 |
4 | 21.983 |
3 | 16.959 |
2 | 11.629 |
1 | 5.983 |
0 | 0 |
If the duration of the lease is not an exact number of years the percentage to be derived from the Table above shall be the percentage for the whole number of years plus one-twelfth of the difference between that and the percentage for the next higher number of years for each odd month counting an odd 14 days or more as one month.
Subleases out of short leases
4
(1)
In the computation of the gain accruing on the part disposal of a lease which is a wasting asset by way of the grant of a sublease for a premium the expenditure attributable to the lease under paragraphs (a) and (b) of section 38(1) shall be apportioned in accordance with this paragraph, and section 42 shall not apply.
(2)
Out of each item of the expenditure attributable to the lease under paragraphs (a) and (b) of section 38(1) there shall be apportioned to what is disposed of —
(a)
if the amount of the premium is not less than what would be obtainable by way of premium for the said sublease if the rent payable under that sublease were the same as the rent payable under the lease, the fraction which, under paragraph 1(3) of this Schedule, is to be written off over the period which is the duration of the sublease, and
(b)
if the amount of the premium is less than the said amount so obtainable, the said fraction multiplied by a fraction equal to the amount of the said premium divided by the said amount so obtainable.
(3)
If the sublease is a sublease of part only of the land comprised in the lease this paragraph shall apply only in relation to a proportion of the expenditure attributable to the lease under paragraphs (a) and (b) of section 38(1) which is the same as the proportion which the value of the land comprised in the sublease bears to the value of that and the other land comprised in the lease; and the remainder of that expenditure shall be apportioned to what remains undisposed of.
Duration of leases
8
(1)
In ascertaining for the purposes of this Act the duration of a lease of land the following provisions shall have effect.
(2)
Where the terms of the lease include provision for the determination of the lease by notice given by the landlord, the lease shall not be treated as granted for a term longer than one ending at the earliest date on which it could be determined by notice given by the landlord.
(3)
Where any of the terms of the lease (whether relating to forfeiture or to any other matter) or any other circumstances render it unlikely that the lease will continue beyond a date falling before the expiration of the term of the lease, the lease shall not be treated as having been granted for a term longer than one ending on that date.
(4)
Sub-paragraph (3) applies in particular where the lease provides for the rent to go up after a given date, or for the tenant⿿s obligations to become in any other respect more onerous after a given date, but includes provision for the determination of the lease on that date, by notice given by the tenant, and those provisions render it unlikely that the lease will continue beyond that date.
(5)
Where the terms of the lease include provision for the extension of the lease beyond a given date by notice given by the tenant this paragraph shall apply as if the term of the lease extended for as long as it could be extended by the tenant, but subject to any right of the landlord by notice to determine the lease.
(6)
It is hereby declared that the question what is the duration of a lease is to be decided, in relation to the grant or any disposal of the lease, by reference to the facts which were known or ascertainable at the time when the lease was acquired or created.
Leases of property other than land
9
(1)
Paragraphs 2, 3, 4 and 8 of this Schedule shall apply in relation to leases of property other than land as they apply to leases of land, but subject to any necessary modifications.
(2)
Where by reference to any capital sum within the meaning of F534section 681DM of ITA 2007 (leases of assets other than land) any person has been charged to income tax on any amount, that amount out of the capital sum shall be deducted from any gain accruing on the disposal for which that capital sum is consideration, as computed in accordance with the provisions of this Act apart from this sub-paragraph, but not so as to convert the gain into a loss, or increase any loss.
(3)
In the case of a lease of a wasting asset which is movable property the lease shall be assumed to terminate not later than the end of the life of the wasting asset.
Interpretation
10
(1)
In this Act, unless the context otherwise requires “lease” —
(a)
in relation to land, includes an underlease, sublease or any tenancy or licence, and any agreement for a lease, underlease, sublease or tenancy or licence and, in the case of land outside the United Kingdom, any interest corresponding to a lease as so defined,
(b)
in relation to any description of property other than land, means any kind of agreement or arrangement under which payments are made for the use of, or otherwise in respect of, property,
and “lessor”, “lessee” and “rent” shall be construed accordingly.
(2)
In this Schedule “” includes any like sum, whether payable to the intermediate or a superior landlord, and for the purposes of this Schedule any sum (other than rent) paid on or in connection with the granting of a tenancy shall be presumed to have been paid by way of premium except in so far as F535other sufficient consideration for the payment can be shown to have been given.
(3)
In the application of this Schedule to Scotland “” includes in particular a grassum payable to any landlord or intermediate landlord on the creation of a sublease.
F536SCHEDULE 8A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5371
(1)
This Schedule applies where—
(a)
an individual makes a disposal of a debt to which section 252(1) applies (“the relevant disposal”),
(b)
the debt (“the section 252 debt”) is not situated in the United Kingdom, and
(c)
money or money's worth which is remitted foreign income (“the section 37 amount”) is excluded under section 37 from the consideration for the relevant disposal.
(2)
For this purpose “remitted foreign income” means income of the individual which is chargeable to income tax on the alternative basis of charge set out in Chapter A1 of Part 14 of ITA 2007 (remittance basis).
(3)
In determining whether the condition in sub-paragraph (1)(c) is met, the following provisions of this Schedule are to be ignored.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5364
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F538SCHEDULE 8BHold-over relief for gains re-invested in social enterprises
When does the Schedule apply?
1
(1)
This Schedule applies if—
(a)
a chargeable gain accrues to an individual (“the investor”),
(b)
the investor acquires one or more assets (“the social holding”),
(c)
the investor is eligible for SI relief under Part 5B of ITA 2007 in respect of the consideration given for the social holding, and
(d)
conditions A, B, C, D and E are met.
(2)
Condition A is that the gain is one that accrues—
(a)
on the disposal by the investor of an asset,
(b)
in accordance with section 169N (but see sub-paragraph (7)), or
(c)
as a result of the operation of paragraph 5 in connection with a chargeable event within paragraph 6(1)(c) or (d).
(3)
Condition B is that the gain is one that accrues—
(a)
on or after 6 April 2014, and
(b)
before 6 April 2019 (but see sub-paragraph (8)).
(4)
Condition C is that the investor is resident in the United Kingdom—
(a)
when the gain accrues, and
(b)
when the social holding is acquired.
(5)
Condition D is that the social holding is acquired by the investor on the investor's own behalf.
(6)
Condition E is that the social holding is acquired—
(a)
in the 3 years beginning with the day when the gain accrues, or
(b)
in the year that ends at the beginning of that day.
(7)
The reference in sub-paragraph (2)(b) to a gain accruing in accordance with section 169N does not include such a gain so far as it is chargeable to capital gains tax at the rate in section 169N(3) (rate where entrepreneurs' relief is available).
(8)
The Treasury may by order substitute a later date for the date for the time being specified in sub-paragraph (3)(b).
2
(1)
This Schedule also applies if—
(a)
a chargeable gain accrues to an individual (“the investor”),
(b)
the gain accrues as a result of the operation of paragraph 5 in connection with a chargeable event within paragraph 6(1)(a), (b) or (c),
(c)
the chargeable event is either—
(i)
a disposal to a social enterprise of shares in or debentures of the social enterprise, or
(ii)
the cancellation, extinguishment, redemption or repayment by a social enterprise of shares in or debentures of the social enterprise,
(d)
as part of the chargeable event or in connection with it, and in place of the shares or debentures, the investor acquires one or more assets (“the social holding”) from the social enterprise,
(e)
other than the investor's ceasing to hold the shares or debentures, no detriment is suffered in return for the acquisition of the social holding,
(f)
the asset acquired, or each of the assets acquired, is a share in or debenture of the social enterprise,
(g)
but for section 257LA of ITA 2007 (consideration for acquisition must be wholly in cash and fully paid) the investor would be eligible for SI relief under Part 5B of ITA 2007 in respect of the consideration given for the social holding, and
(h)
conditions F, G, H and J are met.
(2)
Condition F is that the gain is one that accrues—
(a)
on or after 6 April 2014, and
(b)
before 6 April 2019 (but see sub-paragraph (6)).
(3)
Condition G is that the investor is resident in the United Kingdom—
(a)
when the gain accrues, and
(b)
when the social holding is acquired.
(4)
Condition H is that the social holding is acquired by the investor on the investor's own behalf.
(5)
Condition J is that the social holding is acquired—
(a)
in the 3 years beginning with the day when the gain accrues, or
(b)
in the year that ends at the beginning of that day.
(6)
The Treasury may by order substitute a later date for the date for the time being specified in sub-paragraph (2)(b).
(7)
In this paragraph “debenture” includes any instrument creating or acknowledging indebtedness.
(8)
A reference in this paragraph to a social enterprise is a reference to a body that is a social enterprise for the purposes of Part 5B of ITA 2007 (see section 257J of that Act).
Interpretation of Schedule
3
(1)
In the following provisions of this Schedule—
“the amount invested” means, in a case where this Schedule applies because of paragraph 1, the consideration mentioned in paragraph 1(1)(c),
“the investor” means the individual mentioned in paragraph 1(1)(a) or, as the case may be, paragraph 2(1)(a),
“the original gain” means the chargeable gain mentioned in paragraph 1(1)(a) or, as the case may be, paragraph 2(1)(a), and
“the social holding” means the asset or assets mentioned in paragraph 1(1)(b) or, as the case may be, paragraph 2(1)(d).
(2)
In this Schedule, a “disposal within marriage or civil partnership” is a disposal to which section 58 (certain disposals between spouses or civil partners) applies.
Claim to hold gain over while invested in a social enterprise
4
(1)
The investor may make a claim for the original gain to be reduced—
(a)
in a case within paragraph 1, by the amount invested, or by a part of that amount specified in the claim, or
(b)
in a case within paragraph 2, to the extent specified in the claim,
but, in either case, subject as follows.
(2)
The reduction may not be more than the original gain or, if the original gain has already been reduced under one or more of the listed provisions, the reduction may not be more than the reduced gain.
(3)
In a case within paragraph 1, the claim may not relate to any part of the amount invested that under any of the listed provisions has already been set against a chargeable gain.
(4)
The “listed provisions” are—
(a)
sub-paragraph (1),
(b)
Schedule 5B, and
(c)
paragraph 1(5) of Schedule 5BB.
(5)
The total of all reductions claimed by the investor under sub-paragraph (1) in any tax year must not be more than £1,000,000.
(6)
If there is relief by way of a reduction under sub-paragraph (1) then, for the purposes of this Schedule, that relief—
(a)
is attributable to the asset or assets that form the social holding, but
(b)
ceases to be attributable to any particular asset, or to any particular part of a particular asset, when—
(i)
a chargeable event occurs in relation to that asset or part, or
(ii)
the person holding the asset or part dies.
Held-over gain treated as accruing on disposal etc of the qualifying investment
5
(1)
This paragraph applies if there has been a reduction under paragraph 4(1).
(2)
A chargeable gain equal to the amount of the reduction is treated as accruing when a chargeable event occurs in relation to the social holding without any chargeable event having previously occurred in relation to any of the holding.
(3)
When a chargeable event occurs in relation to part only of the social holding without any chargeable event having previously occurred in relation to any of that part, a chargeable gain calculated in accordance with sub-paragraph (4) is treated as accruing.
(4)
The calculation is—
Step 1 Subtract from the amount of the reduction any chargeable gains previously treated as accruing as a result of the operation of sub-paragraph (3).
Step 2 Attribute a proportionate part of the amount calculated at Step 1 to each part of the social holding held, immediately before the occurrence of the chargeable event in question, by the investor or a person who has acquired any part of the holding from the investor on a disposal within marriage or civil partnership.
Step 3 The amount attributed at Step 2 to the part of the social holding in relation to which that chargeable event occurs is the chargeable gain treated as accruing as a result of the operation of subparagraph (3) on the occurrence of that event.
Chargeable events
6
(1)
A chargeable event occurs in relation to an asset that forms the whole or any part of the social holding if (after the acquisition of the holding)—
(a)
the investor disposes of the asset otherwise than by way of a disposal within marriage or civil partnership,
(b)
the asset is disposed of, otherwise than by way of a disposal to the investor, by a person who acquired the asset on a disposal made within marriage or civil partnership,
(c)
the asset is cancelled, extinguished, redeemed or repaid, or
(d)
any of the conditions in Chapters 3 and 4 of Part 5B of ITA 2007 for the investor's eligibility for SI relief under that Part in respect of the amount invested fails to be met.
In this sub-paragraph “asset” includes part of an asset.
(2)
In the event of the death of—
(a)
the investor, or
(b)
a person who, on a disposal within marriage or civil partnership, has acquired the whole or any part of the social holding,
nothing which occurs at or after the time of death is a chargeable event in relation to any part of the holding held by the deceased person immediately before the time of death.
(3)
If a person makes a disposal of assets of a particular class while retaining other assets of that class—
(a)
assets of that class acquired by the person on an earlier day are treated for the purposes of this Schedule as disposed of before assets of that class acquired by the person on a later day, and
(b)
assets of that class acquired by the person on the same day are treated for the purposes of this Schedule as disposed of in the following order—
(i)
first, any to which neither relief under this Schedule, nor SI relief under Part 5B of ITA 2007, is attributable,
(ii)
next, any to which relief under this Schedule, but not SI relief under that Part, is attributable,
(iii)
next, any to which SI relief under that Part, but not relief under this Schedule, is attributable, and
(iv)
finally, any to which both SI relief under that Part, and relief under this Schedule, are attributable.
(4)
For the purposes of sub-paragraph (3), assets—
(a)
to which relief under this Schedule is attributable, and
(b)
which have not been held continuously by the investor since the social holding was acquired,
are treated as having been acquired when the social holding was acquired if SI relief under Part 5B of ITA 2007 is not also attributable to them.
(5)
For the purposes of sub-paragraph (3), assets—
(a)
to which SI relief under Part 5B of ITA 2007 is attributable, and
(b)
which were transferred to an individual as mentioned in section 257T of ITA 2007 (transfers between spouses or civil partners),
are treated as having been acquired when the social holding was acquired.
(6)
Chapter 1 of Part 4 of this Act has effect subject to sub-paragraphs (3) to (5).
(7)
Sections 104, 105 and 106A do not apply to assets to which relief under this Schedule is attributable if SI relief under Part 5B of ITA 2007 is not also attributable to them.
(8)
Where, at the time of a chargeable event, an asset that formed the whole or any part of the social holding is treated for the purposes of this Act as represented by assets which consist of or include assets other than that asset—
(a)
so much of the original gain as is attributable to the asset is treated, in determining for the purposes of this paragraph the amount of the original gain to be treated as attributable to each of those assets, as apportioned in such manner as may be just and reasonable between those assets, and
(b)
as between different assets treated as representing the same asset, sub-paragraphs (3) to (5) apply with the necessary modifications in relation to those assets as they would apply in relation to the asset.
(9)
In order to determine, for the purposes of sub-paragraph (8), the amount of the original gain attributable to any asset, a proportionate part of the amount of the original gain is to be attributed to each asset that forms the whole or any part of so much of the social holding as is held, immediately before the occurrence of the chargeable event in question, by the investor or a person who has acquired any part of the social holding from the investor on a disposal within marriage or civil partnership.
(10)
In subsections (8) and (9) references to the original gain are to so much of the original gain as remains after deduction from it of the amount of any chargeable gain treated as accruing as a result of the previous operation of paragraph 5.
Person to whom held-over gain is treated as accruing
7
(1)
This paragraph applies where a chargeable gain is treated as accruing as a result of the operation of paragraph 5.
(2)
If the chargeable event is a disposal, that chargeable gain is treated as accruing to the person who makes the disposal.
(3)
If the chargeable event occurs—
(a)
when an asset, or part of an asset, is cancelled, extinguished, redeemed or repaid, or
(b)
when a condition, for eligibility for relief in respect of the consideration given for the acquisition of an asset, fails to be met,
that chargeable gain is treated as accruing to the person who holds the asset, or part, when the chargeable event occurs.
Claims: procedure
8
(1)
Sections 257P(1), 257PA(1) and 257PB to 257PD of ITA 2007—
(a)
apply in relation to a claim under this Schedule in respect of the social holding as they apply in relation to a claim under Part 5B to ITA 2007 in respect of an investment, and
(b)
as they so apply, have effect as if any reference to the requirements for relief under that Part were a reference to the conditions for the application of this Schedule.
(2)
In section 257PE(2) of ITA 2007 (power to make consequential amendments etc when amending provision about claims for SI relief) “enactment” includes (in particular) sub-paragraph (1).
SCHEDULE 9Gilt-edged securities
Part I General
1
For the purposes of this Act “gilt-edged securities” means the securities specified in Part II of this Schedule, and such stocks and bonds issued under section 12 of the National Loans Act 1968M16, denominated in sterling and issued after 15th April 1969, as may be specified by order made by the Treasury.
F5391A
(1)
Any security which is a strip of a security which is a gilt-edged security for the purposes of this Act is also itself a gilt-edged security for those purposes.
(2)
In this paragraph “strip” has the same meaning as in section 47 of the Finance Act 1942.
2
The Treasury shall cause particulars of any order made under paragraph 1 above to be published in the London and Edinburgh Gazettes as soon as may be after the order is made.
3
Section 14(b) of the Interpretation Act 1978M17 (implied power to amend orders made by statutory instrument) shall not apply to the power of making orders under paragraph 1 above.
Part II Existing gilt-edged securities
12¾% | Treasury Loan 1992 |
8% | Treasury Loan 1992 |
10% | Treasury Stock 1992 |
3% | Treasury Stock 1992 |
12¼% | Exchequer Stock 1992 |
13½% | Exchequer Stock 1992 |
10½% | Treasury Convertible Stock 1992 |
2% | Index-linked Treasury Stock 1992 |
12½% | Treasury Loan 1993 |
6% | Funding Loan 1993 |
13¾% | Treasury Loan 1993 |
10% | Treasury Loan 1993 |
8¼% | Treasury Stock 1993 |
14½% | Treasury Loan 1994 |
12½% | Exchequer Stock 1994 |
9% | Treasury Loan 1994 |
10% | Treasury Loan 1994 |
13½% | Exchequer Stock 1994 |
8½% | Treasury Stock 1994 |
8½% | Treasury Stock 1994 "A" |
2% | Index-linked Treasury Stock 1994 |
3% | Exchequer Gas Stock 1990-95 |
12% | Treasury Stock 1995 |
10¼% | Exchequer Stock 1995 |
12¾% | Treasury Loan 1995 |
9% | Treasury Loan 1992-96 |
15¼% | Treasury Loan 1996 |
13¼% | Exchequer Loan 1996 |
14% | Treasury Stock 1996 |
2% | Index-linked Treasury Stock 1996 |
10% | Conversion Stock 1996 |
13¼% | Treasury Loan 1997 |
10½% | Exchequer Stock 1997 |
8¾% | Treasury Loan 1997 |
8¾% | Treasury Loan 1997 "B" |
8¾% | Treasury Loan 1997 "C" |
15% | Exchequer Stock 1997 |
6¾% | Treasury Loan 1995-98 |
15½% | Treasury Loan 1998 |
12% | Exchequer Stock 1998 |
12% | Exchequer Stock 1998 "A" |
9¾% | Exchequer Stock 1998 |
9¾% | Exchequer Stock 1998 "A" |
9½% | Treasury Loan 1999 |
10½% | Treasury Stock 1999 |
12½% | Exchequer Stock 1999 |
12½% | Exchequer Stock 1999 "A" |
12½% | Exchequer Stock 1999 "B" |
2½% | Index-linked Treasury Convertible Stock 1999 |
10½% | Conversion Stock 1999 |
9% | Conversion Stock 2000 |
9% | Conversion Stock 2000 "A" |
13% | Treasury Stock 2000 |
8½% | Treasury Loan 2000 |
14% | Treasury Stock 1998-2001 |
2½% | Index-linked Treasury Stock 2001 |
9¾% | Conversion Stock 2001 |
10% | Treasury Stock 2001 |
9½% | Conversion Loan 2001 |
12% | Exchequer Stock 1999-2002 |
12% | Exchequer Stock 1999-2002 "A" |
9½% | Conversion Stock 2002 |
10% | Conversion Stock 2002 |
9% | Exchequer Stock 2002 |
9¾% | Treasury Stock 2002 |
13¾% | Treasury Stock 2000-2003 |
13¾% | Treasury Stock 2000-2003 "A" |
2½% | Indexed-linked Treasury Stock 2003 |
9¾% | Conversion Loan 2003 |
10% | Treasury Stock 2003 |
3½% | Funding Stock 1999-2004 |
11½% | Treasury Stock 2001-2004 |
9½% | Conversion Stock 2004 |
10% | Treasury Stock 2004 |
12½% | Treasury Stock 2003-2005 |
12½% | Treasury Stock 2003-2005 "A" |
10½% | Exchequer Stock 2005 |
9½% | Conversion Stock 2005 |
9½% | Conversion Stock 2005 "A" |
8% | Treasury Loan 2002-2006 |
8% | Treasury Loan 2002-2006 "A" |
2% | Indexed-linked Treasury Stock 2006 |
9¾% | Conversion Stock 2006 |
11¾% | Treasury Stock 2003-2007 |
11¾% | Treasury Stock 2003-2007 "A" |
8½% | Treasury Loan 2007 |
13½% | Treasury Stock 2004-2008 |
9% | Treasury Loan 2008 |
9% | Treasury Loan 2008 "A" |
2½% | Indexed-linked Treasury Stock 2009 |
8% | Treasury Stock 2009 |
2½% | Indexed-linked Treasury Stock 2011 |
9% | Conversion Loan 2011 |
5½% | Treasury Stock 2008-2012 |
2½% | Indexed-linked Treasury Stock 2013 |
7¾% | Treasury Loan 2012-2015 |
2½% | Treasury Stock 1986-2016 |
2½% | Indexed-linked Treasury Stock 2016 |
2½% | Indexed-linked Treasury Stock 2016 "A" |
12% | Exchequer Stock 2013-2017 |
2½% | Indexed-linked Treasury Stock 2020 |
2½% | Indexed-linked Treasury Stock 2024 |
2½% | Annuities 1905 or after |
2¾% | Annuities 1905 or after |
2½% | Consolidated Stock 1923 or after |
4% | Consolidated Loan 1957 or after |
3½% | Conversion Loan 1961 or after |
2½% | Treasury Stock 1975 or after |
3% | Treasury Stock 1966 or after |
3½% | War Loan 1952 or after |
10% | Conversion Stock 1996 "A" |
10% | Conversion Stock 1996 "B" |
12% | Exchequer Stock 1998 "B" |
9% | Conversion Stock 2000 "B" |
13% | Treasury Stock 2000 "A" |
10% | Treasury Stock 2001 "A" |
10% | Treasury Stock 2001 "B" |
9¾% | Treasury Stock 2002 "A" |
9¾% | Treasury Stock 2002 "B" |
10% | Treasury Stock 2003 "A" |
9½% | Conversion Stock 2004 "A" |
9% | Treasury Loan 2008 "B" |
9% | Treasury Loan 2008 "C" |
9% | Conversion Loan 2011 "A" |
Securities issued by certain public corporations and guaranteed by the Treasury | |
3% | North of Scotland Electricity Stock 1989-92 |
SCHEDULE 10Consequential amendments
Post Office Act 1969 c. 48
F5401
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxes Management Act 1970 c. 9
2
(1)
The Taxes Management Act 1970 shall have effect subject to the following amendments.
(2)
In sections 11(1)(b), 27(1), 47(1), 57(1)(a), 78(3)(b), 111 and 119(4) for (2)In sections 11(1)(b), 27(1), 47(1), 57(1)(a), F541..., 111 and 119(4) for “Capital Gains Tax Act 1979” there shall be substituted “
1992 Act
”
.
(3)
In section 12(2)—
(a)
for “Capital Gains Tax Act 1979” there shall be substituted “
1992 Act
”
;
(b)
for “19(4)” there shall be substituted “
51(1)
”
;
(c)
for “71” there shall be substituted “
121
”
;
(d)
for “130, 131 or 133”there shall be substituted “
263, 268 or 269
”
;
(e)
for “128(6)” there shall be substituted “
262(6)
”
.
(4)
In section 25(9) for “sections 64, 93 and 155(1) of the Capital Gains Tax Act 1979” there shall be substituted “
sections 99 and 288(1) of the 1992 Act.
”
F542(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
In section 30(2)(a) and (3)(a) for “47 of the Finance (No.2) Act 1975” there shall be substituted “
283 of the 1992 Act
”
.
(7)
In section 31(3)(c) for “38 of the Finance Act 1973” there shall be substituted “
276 of the 1992 Act
”
.
(8)
In section 86(4) for “7 of the Capital Gains Tax Act 1979” there shall be substituted “
7 of the 1992 Act
”
.
(9)
In section 87A(3) for the words from “section 267(3C)” to “1979” there shall be substituted “
137(4), 139(7) or 179(11) of the 1992 Act or section 96(8) of the Finance Act 1990
”
. This sub-paragraph shall come into force on the day appointed under section 95 of the Finance (No.2) Act 1987 for the purposes of section 85 of that Act.
(10)
In section 98 —
(a)
in column 1 of the Table —
(i)
for “149D of the Capital Gains Tax Act 1979” there shall be substituted “
151 of the 1992 Act
”
;
(ii)
for “6(9) of Schedule 1 to the Capital Gains Tax Act 1979” there shall be substituted “
2(9) of Schedule 1 to the 1992 Act
”
;
(iii)
for “84 of the Finance Act 1981”there shall be substituted “
98 of the 1992 Act
”
;
F543(iv)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F543(v)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi)
for “12 of Schedule 16 to the Finance Act 1991” there shall be substituted “
10 of Schedule 5 to the 1992 Act
”
; and
(b)
in column 2 of the Table —
(i)
for “149D of the Capital Gains Tax Act 1979” there shall be substituted “
151 of the 1992 Act
”
; and
(ii)
for “13 to 16 of Schedule 16 to the Finance Act 1991”there shall be substituted “
11 to 14 of Schedule 5 to the 1992 Act
”
.
(11)
In section 118(1)—
(a)
in the definition of “chargeable gain” for “Capital Gains Tax Act 1979” there shall be substituted “
1992 Act
”
; and
(b)
in paragraph (b) of the definition of “the Taxes Acts” for “the Capital Gains Tax Act 1979” there shall be substituted “
the Taxation of Chargeable Gains Act 1992
”
and
(c)
immediately after that definition there shall be inserted— “
the 1992 Act
”
means the Taxation of Chargeable Gains Act 1992.
Finance Act 1973 c. 51
F5443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
British Aerospace Act 1980 c. 26
4
In section 12(2) of the British Aerospace Act 1980 for “272(5) of the Income and Corporation Taxes Act 1970” there shall be substituted “
170(12) of the Taxation of Chargeable Gains Act 1992
”
.
British Telecommunications Act 1981 c. 38
5
In section 82(1) for “Capital Gains Tax Act 1979” and “Schedule 5” there shall be substituted respectively “
Taxation of Chargeable Gains Act 1992
”
and “
Schedule 2
”
.
Value Added Tax Act 1983 c. 55
F5456
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telecommunications Act 1984 c. 12
F5467
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inheritance Tax Act 1984 c. 51
8
(1)
The Inheritance Tax Act shall have effect subject to the following amendments.
(2)
In section 31(4G)(b) for “147 of the Capital Gains Tax Act 1979” there shall be substituted “
258 of the 1992 Act
”
.
(3)
In section 79(2) for “147 of the Capital Gains Tax Act” and “147” (where it secondly appears) there shall be substituted respectively “
258 of the 1992 Act
”
and “
258
”
.
(4)
In section 97 —
(a)
the amendments made by section 138(6) of the Finance Act 1989 shall continue to have effect notwithstanding the repeal by this Act of that provision; and
(b)
for “273(1) of the Taxes Act 1970”, “272 of the Taxes Act 1970” and “273 to 281” there shall be substituted respectively “
171(1) of the 1992 Act
”
, “
170 of the 1992 Act
”
and “
171 to 181
”
.
(5)
In sections 107(4), 113A(6) and 124A(6) for “77 to 86 of the Capital Gains Tax Act 1979” there shall be substituted “
126 to 136 of the 1992 Act
”
.
(6)
In section 135 for “section 78 of the Capital Gains Tax Act 1979”, “84”, “77(1)”, “82”, “85”, “86”, “78”, “93” and “77(1) of the Capital Gains Tax Act 1979” there shall be substituted respectively “
127 of the 1992 Act
”
, “
134
”
, “
126(1)
”
, “
132
”
, “
135
”
, “
136
”
, “
127
”
, “
99
”
and “
126(1)
”
.
(7)
In section 138 for “3 to the Capital Gains Tax Act 1979” there shall be substituted “
8 to the 1992 Act
”
.
(8)
In section 165 for “Capital Gains Tax Act 1979” and “59” shall be substituted “
1992 Act
”
and “
282
”
.
(9)
In section 183 for “section 78 of the Capital Gains Tax Act 1979”, “77(1)”, “82”, “85”, “86”, “78”, “93” and “77(1) of the Capital Gains Tax Act 1979” there shall be substituted respectively “
127 of the 1992 Act
”
, “
126(1)
”
, “
132
”
, “
135
”
, “
136
”
, “
127
”
, “
99
”
and “
126(1)
”
.
(10)
In section 187 for “153 of the Capital Gains Tax Act 1979” shall be substituted “
274 of the 1992 Act
”
.
(11)
In section 194 for “3 to the Capital Gains Tax Act 1979” there shall be substituted “
8 to the 1992 Act
”
.
(12)
In section 270 for “Capital Gains Tax Act 1979” and “63” there shall be substituted “
1992 Act
”
and “
286
”
.
(13)
In section 272 at the end there shall be added “
and “the 1992 Act” means the Taxation of Chargeable Gains Act 1992.
”
Finance Act 1985 c. 54
9
In section 81 for “Capital Gains Tax Act 1979” there shall be substituted “
Taxation of Chargeable Gains Act 1992
”
.
Trustee Savings Bank Act 1985 c. 58
10
(1)
In paragraph 2 of Schedule 2 to the Trustee Savings Bank Act 1985 —
(a)
for “Capital Gains Tax Act 1979” there shall be substituted “
1992 Act
”
; and
(b)
for “5 to the Act of 1979” there shall be substituted “
2 to the 1992 Act
”
.
(2)
In paragraph 3 of that Schedule —
(a)
for “II of Part II of the Act of 1979” there shall be substituted “
III of Part II of the 1992 Act
”
; and
(b)
for “12 of Schedule 5 to the Act of 1979” there shall be substituted “
16 of Schedule 2 to the 1992 Act
”
.
(3)
In paragraph 4 of that Schedule —
(a)
for “Act of 1979” (in three places) there shall be substituted “
1992 Act
”
;
(b)
for “134” and “26” there shall be substituted respectively “
251
”
and “
30
”
; and
(c)
for “278 of the Taxes Act” (in both places) there shall be substituted “
178 or 179 of the 1992 Act
”
.
(4)
In paragraph 9 —
(a)
at the end of sub-paragraph (1) there shall be added—
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992;
”
and
(b)
in sub-paragraph (2) for “Capital Gains Tax Act 1979” there shall be substituted “
1992 Act
”
.
Transport Act 1985 c. 67
11
In section 130—
(a)
in subsection (3) for “Capital Gains Tax Act 1979” and “5” there shall be substituted “
Taxation of Chargeable Gains Act 1992
”
and “
2
”
;and
(b)
in subsection (4) for “278 of the Income and Corporation Taxes Act 1970” there shall be substituted “
178 or 179 of the Taxation of Chargeable Gains Act 1992
”
.
Airports Act 1986 c. 31
12
In section 77(2) of the Airports Act 1986 for “272(5) of the Income and Corporation Taxes Act 1970” there shall be substituted “
170(12) of the Taxation of Chargeable Gains Act 1992
”
.
Gas Act 1986 c. 44
13
In section 60(2) of the Gas Act 1986 for “272(5) of the Income and Corporation Taxes Act 1970” there shall be substituted “
170(12) of the Taxation of Chargeable Gains Act 1992
”
.
Income and Corporation Taxes Act 1988 c. 1
14
(1)
The Income and Corporation Taxes Act 1988 shall have effect subject to the following amendments
(2)
“(b)
such chargeable gains as are, by virtue of section 10(3) of the 1992 Act, to be, or be included in, the company's chargeable profits,”
(3)
In section 56(5) for “82 of the 1979 Act” there shall be substituted “
132 of the 1992 Act
”
.
(4)
In section 119(1) after “122” there shall be inserted “
and section 201 of the 1992 Act
”
.
F547(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F548(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F549(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F550(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F551(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F551(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F551(11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F551(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)
In section 187(2) for “1979 Act” (in the definition of “market value” ) and “77(1)(b) of the 1979 Act” (in the definition of “new holding”) there shall be substituted respectively “
1992 Act
”
and “
126(1)(b) of the 1992 Act
”
.
F552(14)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F553(15)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F554(16)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(17)
In sections 299 and 305 for “77(2)(a) of the 1979 Act” and “78” there shall be substituted respectively “
126(2)(a) of the 1992 Act
”
and “
127
”
.
(18)
In section 312 for “86(1) of the 1979 Act” and “150 of the 1979 Act” there shall be substituted respectively “
136(1) of the 1992 Act
”
and “
272 of the 1992 Act
”
.
F555(19)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F556(20)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F557(21)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F558(22)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F558(23)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F558(24)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F559(25)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(26)
In section 450(6) for “31 or 33 of the 1979” there shall be substituted “
37 or 39 of the 1992
”
.
F560(27)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F560(28)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F561(29)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(30)
“ meaning given by subsection (1A) below ”and at the end of that subsection there shall be inserted—
“(1A)
Where in accordance with section 197(3) of the 1992 Act a person has an aggregate gain for any chargeable period, that gain and his ring fence income (if any) for that period together constitute his ring fence profits for the purposes of this Chapter.”
(31)
In section 505(3), (5)(b) and (6) for “145 of the 1979 Act” there shall be substituted “
256 of the 1992 Act
”
.
F562(32)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(33)
In section 574(1) for “1979” there shall be substituted “
1992
”
.
(34)
In section 575—
(a)
in subsection (1)(c) for “22(2) of the 1979 Act” there shall be substituted “
24(2) of the 1992 Act
”
;
(b)
in subsection (2) for “78 of the 1979 Act” , in both places, there shall be substituted “
127 of the 1992 Act
”
; and
(c)
in subsection (3) for “85 or 86 of the 1979 Act” and “87” there shall be substituted “
135 or 136 of the 1992 Act
”
and “
137
”
.
F563(35)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F563(36)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F563(37)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F563(38)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F564(39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F565(40)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F566(41)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F567(42)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F568(43)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F568(44)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F568(45)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F569(46)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F568(47)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F568(48)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F568(49)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F570(50)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F571(51)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F572(52)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(53)
In section 831—
(a)
at the end of subsection (3) there shall be inserted—
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992.
”
; and
(b)
in subsection (5) for “1979” there shall be substituted “
1992
”
.
F573(54)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F574(55)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(56)
In section 843(2) for “10 of the 1979 Act” there shall be substituted “
277 of the 1990 Act
”
.
F575(57)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(58)
In paragraph 5(7) of Schedule 10 for “1979” there shall be substituted “
1992
”
.
(59)
In paragraph 12(2) of Schedule 20 for “145 of the 1979” there shall be substituted “
256 of the 1992
”
.
(60)
In paragraph 7 of Schedule 22 for “149B(1)(g) of the 1979” there shall be substituted “
271(1)(g) of the 1992
”
.
F576(61)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(62)
In paragraph 3 of Schedule 26 for “II of Part II of the 1979” there shall be substituted “
III of Part II of the 1992
”
.
F577(63)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
British Steel Act 1988 c. 35
15
In section 11(2) of the British Steel Act 1988 for “272(5) of the Income and Corporation Taxes Act 1970” there shall be substituted “
170(12) of the Taxation of Chargeable Gains Act 1992
”
.
Finance Act 1988 c. 39
16
(1)
The Finance Act 1988 shall have effect subject to the following amendments.
(2)
In section 50(4) for “3 to the Capital Gains Tax Act 1979” there shall be substituted “
8 to the Taxation of Chargeable Gains Act 1992
”
.
F578(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F578(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F578(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F579(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
In paragraph 6(2) of Schedule 12 for “72 of the Capital Gains Tax Act 1979” there shall be substituted “
122 of the Taxation of Chargeable Gains Act 1992
”
.
Health and Medicines Act 1988 c. 49
17
In section 6(2) of the Health and Medicines Act 1988 for “272(5) of the Income and Corporation Taxes Act 1970” there shall be substituted “
170(12) of the Taxation of Chargeable Gains Act 1992
”
.
Water Act 1989 c. 15
18
In section 95 of the Water Act 1989—
(a)
in subsection (4) for “Capital Gains Tax Act 1979 (⿿the 1979 Act)” there shall be substituted “
Taxation of Chargeable Gains Act 1992 (“the 1992 Act”)
”
;
(b)
in subsection (5) for “1979” there shall be substituted “
1992
”
; and
(c)
in subsection (6) for “134 of the 1979” there shall be substituted “
251 of the 1992
”
.
Finance Act 1989 c. 26
19
(1)
In section 69(9) of the Finance Act 1989 for “85(1) of the Capital Gains Tax Act 1979” and “77” there shall be substituted “
135(1) of the Taxation of Chargeable Gains Act 1992
”
and “
126
”
.
(2)
In section 70(2) of that Act for “Capital Gains Tax Act 1979” and “32(1)(a)” there shall be substituted “
Taxation of Chargeable Gains Act 1992
”
and “
38(1)(a)
”
.
(3)
In section 158(2) of that Act in paragraph (a) for “section 47(1) of the Finance (No.2) Act 1975” there shall be substituted “
section 283(1) of the Taxation of Chargeable Gains Act 1992
”
.
(4)
“(i)
section 283 of the Taxation of Chargeable Gains Act 1992”;
(5)
In Schedule 5 to that Act in paragraphs 8 and 11 for “85(1) of the Capital Gains Tax Act 1979” and “77” there shall be substituted “
135(1) of the Taxation of Chargeable Gains Act 1992
”
and “
126
”
.
F580(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Electricity Act 1989 c. 29
20
(1)
“ 178 or 179 of the 1992 Act ”and
“ 170 of the 1992 Act ”; and at the end of that paragraph there shall be added—
“2A
In this Schedule “the 1992 Act” means the Taxation of Chargeable Gains Act 1992.”
(2)
In paragraph 3 of that Schedule for “117 of the Capital Gains Tax Act 1979” and “117” (where it secondly appears) there shall be substituted “
154 of the 1992 Act
”
and “
154
”
.
(3)
In paragraphs 4 and 5 of that Schedule for “Capital Gains Tax Act 1979” (in each place) there shall be substituted “
1992 Act
”
.
Capital Allowances Act 1990 c. 1
F58121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance Act 1990 c. 29
22
(1)
The Finance Act 1990 shall have effect subject to the following amendments.
(2)
In section 116(5) for “150(1) to (3) and 152 of the Capital Gains Tax Act 1979” there shall be substituted “
272(1) to (4) and 273 of the Taxation of Chargeable Gains Act 1992
”
.
(3)
In section 120 for “27 of the Capital Gains Tax Act 1979” there shall be substituted “
28 of the Taxation of Chargeable Gains Act 1992
”
.
F582(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
In Schedule 12—
(a)
in paragraph 2—
(i)
for “the Capital Gains Tax Act 1979 (“the 1979 Act”)” there shall be substituted “
the Taxation of Chargeable Gains Act 1992 (“the 1992 Act”)
”
;
(ii)
for “5” there shall be substituted “
2
”
; and
(iii)
for “134 of the 1979” there shall be substituted “
251 of the 1992
”
;
(b)
in paragraphs 4, 5 and 6 for “1979” there shall be substituted “
1992
”
;
(c)
in paragraph 7 for “115 to 119 of the 1979” there shall be substituted “
152 to 156 of the 1992
”
; and
(d)
in paragraph 10 for the definition of “the 1979 Act” there shall be substituted—
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992.
”
Finance Act 1991 c. 31.
23
In section 72(4) of the Finance Act 1991 for “5(1) of the Capital Gains Tax Act 1979” there shall be substituted “
3(1) of the Taxation of Chargeable Gains Act 1992
”
.
Ports Act 1991 c. 52
24
(1)
In section 16 of the Ports Act 1991 for “Capital Gains Tax Act 1979” and “29A(1)” there shall be substituted respectively “
1992 Act
”
and “
17(1)
”
.
(2)
In section 17 of that Act—
(a)
for “1979” (wherever it occurs) there shall be substituted “
1992
”
;
(b)
in subsection (6) for “278(3) or (3C) of the Income and Corporation Taxes Act 1970” there shall be substituted “
178(3) or (5) or 179(3) or (6) of the 1992 Act
”
;
(c)
in subsection (7)—
(i)
“(a)
“the relevant six-year limit” means in relation to section 178(3) or 179(3) the six year period mentioned in section 178(1) or 179(1) and in relation to section 178(5) or 179(6) the six year period mentioned in 178(5)(a) or 179(6)(a); and”; and
(ii)
in paragraph (b) for “278(3)”, “278(3C)” and “subsection (3D) of that section” there shall be substituted “
178(3) or 179(3)
”
, “
178(5) or 179(6)
”
and “
section 178(6) or 179(7)
”
respectively; and
(d)
in subsection (13) for “272 to 281 of the Income and Corporation Taxes Act 1970”, “(1E) and (1F) of section 272” and “(1E)” there shall be substituted “
170 to 181 of the 1992 Act
”
, “
(7) and (8) of section 170
”
and “
(7)
”
respectively.
(3)
In section 18 of that Act—
(a)
in subsections (2) and (8) for “1979” there shall be substituted “
1992
”
;
(b)
in subsection (4) for “267(1) or 273(1) of the Income and Corporation Taxes Act 1970” there shall be substituted “
139(1) or 171(1) of the 1992 Act
”
.
(4)
In section 20 of that Act for “27 of the Capital Gains Tax Act 1979” there shall be substituted “
28 of the 1992 Act
”
.
(5)
In section 35 of that Act—
(a)
in subsection (3) for “Capital Gains Tax Act 1979” there shall be substituted “
1992 Act
”
; and
(b)
in subsection (6) for “278 of the Income and Corporation Taxes Act 1970” and “273 to 281” there shall be substituted “
178 or 179 of the 1992 Act
”
and “
171 to 181
”
.
(6)
In section 40(1) of that Act there shall be added at the end “
and “the 1992 Act” means the Taxation of Chargeable Gains Act 1992.
”
British Technology Group Act 1991 c. 66
25
In section 12(2) of the British Technology Group Act 1991 for “345 of the Income and Corporation Taxes Act 1988” there shall be substituted “
8 of the Taxation of Chargeable Gains Act 1992
”
.
SCHEDULE 11Transitional provisions and savings
Part IValuation
Preliminary
1
(1)
This Part of this Schedule has effect in cases where the market value of an asset at a time before the commencement of this Act is material to the computation of a gain under this Act; and in this Part any reference to an asset includes a reference to any part of an asset.
(2)
Where sub-paragraph (1) above applies, the market value of an asset (or part of an asset) at any time before the commencement of this Act shall be determined in accordance with sections 272 to 274 but subject to the following provisions of this Part.
(3)
In any case where section 274 applies in accordance with sub-paragraph (2) above the reference in that section to inheritance tax shall be construed as a reference to capital transfer tax.
Gifts and transactions between connected persons before 20th March 1985
2
(1)
Where sub-paragraph (1) above applies for the purpose of determining the market value of any asset at any time before 20th March 1985M18 (the date when section 71 of the Finance Act 1985, now section 19, replaced section 151 of the 1979 Act, which is reproduced below) sub-paragraphs (2) to (4) below shall apply.
(2)
Except as provided by sub-paragraph (4) below section 19 shall not apply in relation to transactions occurring before 20th March 1985.
(3)
If a person is given, or acquires from one or more persons with whom he is connected, by way of 2 or more gifts or other transactions, assets of which the aggregate market value, when considered separately in relation to the separate gifts or other transactions, is less than their aggregate market value when considered together, then for the purposes of this Act their market value shall be taken to be the larger market value, to be apportioned rateably to the respective disposals.
(4)
Where—
(a)
one or more transactions occurred on or before 19th March 1985 and one or more after that date, and
(b)
had all the transactions occurred before that date sub-paragraph (3) above would apply, and had all the transactions occurred after that date section 19 would have applied,
then those transactions which occurred on or before that date and not more than 2 years before the first of those which occurred after that date shall be treated as material transactions for the purposes of section 19.
Valuation of assets before 6th July 1973
3
Section 273 shall apply for the purposes of determining the market value of any asset at any time before 6th July 1973 M19 (the date when the provisions of section 51(1) to (3) of the Finance Act 1973, which are now contained in section 273, came into force) notwithstanding that the asset was acquired before that date or that the market value of the asset may have been fixed for the purposes of a contemporaneous disposal, and in paragraphs 4 and 5 below a “section 273 asset” is an asset to which section 273 applies.
4
(1)
This paragraph applies if, in a case where the market value of a section 273 asset at the time of its acquisition is material to the computation of any chargeable gain under this Act—
(a)
the acquisition took place on the occasion of a death occurring after 30th March 1971 and before 6th July 1973, and
(b)
by virtue of paragraph 9 below, the principal value of the asset for the purposes of estate duty on that death would, apart from this paragraph, be taken to be the market value of the asset at the date of the death for the purposes of this Act.
(2)
If the principal value referred to in sub-paragraph (1)(b) above falls to be determined as mentioned in section 55 of the Finance Act 1940M20 or section 15 of the Finance (No.2) Act (Northern Ireland) 1946 M21 (certain controlling shareholdings to be valued on an assets basis), nothing in section 273 shall affect the operation of paragraph 9 below for the purpose of determining the market value of the asset at the date of the death.
(3)
If sub-paragraph (2) above does not apply, paragraph 9 below shall not apply as mentioned in sub-paragraph (1)(b) above and the market value of the asset on its acquisition at the date of the death shall be determined in accordance with sections 272 (but with the same modifications as are made by paragraphs 7 and 8 below) and 273.
5
(1)
In any case where—
(a)
before 6th July 1973 there has been a part disposal of a section 273 asset (“the earlier disposal”), and
(b)
by virtue of any enactment, the acquisition of the asset or any part of it was deemed to be for a consideration equal to its market value, and
(c)
on or after 6th July 1973 there is a disposal (including a part disposal) of the property which remained undisposed of immediately before that date (“the later disposal”),
sub-paragraph (2) below shall apply in computing any chargeable gain accruing on the later disposal.
(2)
Where this sub-paragraph applies, the apportionment made by virtue of paragraph 7 of Schedule 6 to the Finance Act 1965 M22 (corresponding to section 42 of this Act) on the occasion of the earlier disposal shall be recalculated on the basis that section 273(3) of this Act was in force at the time and applied for the purposes of the determination of—
(a)
the market value referred to in sub-paragraph (1)(b) above, and
(b)
the market value of the property which remained undisposed of after the earlier disposal, and
(c)
if the consideration for the earlier disposal was, by virtue of any enactment, deemed to be equal to the market value of the property disposed of, that market value.
Valuation of assets on 6th April 1965
6
(1)
For the purpose of ascertaining the market value of any shares or securities in accordance with paragraph 1(2) of Schedule 2, section 272 shall have effect subject to the provisions of this paragraph.
(2)
Subsection (3)(a) shall have effect as if for the words, “one-quarter” there were substituted the words “
one-half
”
, and as between the amount under paragraph (a) and the amount under paragraph (b) of that subsection the higher, and not the lower, amount shall be chosen.
(3)
Subsection (5) shall have effect as if for the reference to an amount equal to the buying price there were substituted a reference to an amount halfway between the buying and selling prices.
(4)
Where the market value of any shares or securities not within section 272(3) falls to be ascertained by reference to a pair of prices quoted on a stock exchange, an adjustment shall be made so as to increase the market value by an amount corresponding to that by which any market value is increased under sub-paragraph (2) above.
References to the London Stock Exchange before 25th March 1973and Exchange Control restrictions before 13th December 1979
7
(1)
For the purposes of ascertaining the market value of an asset before 25th March 1973 section 272(3) and (4) shall have effect subject to the following modifications—
(a)
for “F583quoted in The Stock Exchange Daily Official List” and “quoted in that List” there shall be substituted respectively “
quoted on the London Stock Exchange
”
and “
so quoted
”
;
(b)
for “The Stock Exchange Daily Official List” there shall be substituted “
the Stock Exchange Official Daily List
”
;
(c)
for “The Stock Exchange provides a more active market elsewhere than on the London trading floor” there shall be substituted “
some other stock exchange in the United Kingdom affords a more active market
”
; and
(d)
for “if the London trading floor is closed” there shall be substituted “
if the London Stock Exchange is closed
”
.
(2)
“(5A)
In any case where the market value of an asset is to be determined at a time before 13th December 1979 and the asset is of a kind the sale of which was (at the time the market value is to be determined) subject to restrictions imposed under the Exchange Control Act 1947M23 such that part of what was paid by the purchaser was not retainable by the seller, the market value, as arrived at under subsection (1), (3), (4) or (5) above, shall be subject to such adjustment as is appropriate having regard to the difference between the amount payable by a purchaser and the amount receivable by a seller.”
Depreciated valuations referable to deaths before 31st March 1973
8
In any case where this Part applies, section 272(2) shall have effect as if the following proviso were inserted at the end—
Provided that where capital gains tax is chargeable, or an allowable loss accrues, in consequence of a death before 31st March 1973 and the market value of any property on the date of death taken into account for the purposes of that tax or loss has been depreciated by reason of the death, the estimate of the market value shall take that depreciation into account.
Estate duty
9
(1)
Where estate duty (including estate duty leviable under the law of Northern Ireland) is chargeable in respect of any property passing on a death after 30th March 1971 and the principal value of an asset forming part of that property has been ascertained (whether in any proceedings or otherwise) for the purposes of that duty, the principal value so ascertained shall, subject to paragraph 4(3) above, be taken for the purposes of this Act to be the market value of that asset at the date of the death.
(2)
Where the principal value has been reduced under section 35 of the Finance Act 1968M24 or section 1 of the Finance Act (Northern Ireland) 1968M25 (tapering relief for gifts inter vivos etc.), the reference in sub-paragraph (1) above to the principal value as ascertained for the purposes of estate duty is a reference to that value as so ascertained before the reduction.
Part IIOther transitory provisions
Value-shifting
10
(1)
Section 30 applies only where the reduction in value mentioned in subsection (1) of that section (or, in a case within subsection (9) of that section, the reduction or increase in value) is after 29th March 1977.
(2)
No account shall be taken by virtue of section 31 of any reduction in the value of an asset attributable to the payment of a dividend before 14th March 1989.
(3)
No account shall be taken by virtue of section 32 of any reduction in the value of an asset attributable to the disposal of another asset before 14th March 1989.
(4)
Section 34 shall not apply where the reduction in value, by reason of which the amount referred to in subsection (1)(b) of that section falls to be calculated, occurred before 14th March 1989.
Assets acquired on disposal chargeable under Case VII of Schedule D
11
(1)
In this paragraph references to a disposal chargeable under Case VII are references to cases where the acquisition and disposal was in circumstances that the gain accruing on it was chargeable under Case VII of Schedule D, or where it would have been so chargeable if there were a gain so accruing.
(2)
The amount or value of the consideration for the acquisition of an asset by the person acquiring it on a disposal chargeable under Case VII shall not under any provision of this Act be deemed to be an amount greater than the amount taken into account as consideration on that disposal for the purposes of Case VII.
(3)
Any apportionment of consideration or expenditure falling to be made in relation to a disposal chargeable under Case VII in accordance with section 164(4) of the Income and Corporation Taxes Act 1970M26, and in particular in a case where section 164(6) of that Act (enhancement of value of land by acquisition of adjoining land) applied, shall be followed for the purposes of this Act both in relation to a disposal of the assets acquired on the disposal chargeable under Case VII and, where the disposal chargeable under Case VII was a part disposal, in relation to a disposal of what remains undisposed of.
(4)
Sub-paragraph (3) above has effect notwithstanding section 52(4).
Unrelieved Case VII losses
12
Where no relief from income tax (for a year earlier than 1971-72) has been given in respect of a loss or part of a loss allowable under Case VII of Schedule D, the loss or part shall, notwithstanding that the loss accrued before that year, be an allowable loss for the purposes of capital gains tax, but subject to any restrictions imposed by section 18.
Devaluation of sterling: securities acquired with borrowed foreign currency
13
(1)
This paragraph applies where, in pursuance of permission granted under the Exchange Control Act 1947M27, currency other than sterling was borrowed before 19th November 1967 for the purpose of investing in foreign securities (and had not been repaid before that date), and it was a condition of the permission—
(a)
that repayment of the borrowed currency should be made from the proceeds of the sale in foreign currency of the foreign securities so acquired or out of investment currency, and
(b)
that the foreign securities so acquired should be kept in separate accounts to distinguish them from others in the same ownership,
and securities held in such a separate account on 19th November 1967 are in this paragraph referred to as “designated securities” .
(2)
In computing the gain accruing to the borrower on the disposal of any designated securities or on the disposal of any currency or amount standing in a bank account on 19th November 1967 and representing the loan, the sums allowable as a deduction under section 38(1)(a) shall, subject to sub-paragraph (3) below, be increased by multiplying them by seven-sixths.
(3)
The total amount of the increases so made in computing all gains (and losses) which are referable to any one loan (made before 19th November 1967) shall not exceed one-sixth of the sterling parity value of that loan at the time it was made.
(4)
Designated securities which on the commencement of this paragraph constitute a separate 1982 holding (within the meaning of section 109), shall continue to constitute a separate 1982 holding until such time as a disposal takes place on the occurrence of which sub-paragraph (3) above operates to limit the increases which would otherwise be made under sub-paragraph (2) in allowable deductions.
(5)
In this paragraph and paragraph 14 below, “foreign securities” means securities expressed in a currency other than sterling, or shares having a nominal value expressed in a currency other than sterling, or the dividends on which are payable in a currency other than sterling.
Devaluation of sterling: foreign insurance funds
14
(1)
The sums allowable as a deduction under section 38(1)(a) in computing any gains to which this paragraph applies shall be increased by multiplying by seven-sixths.
(2)
This paragraph applies to gains accruing—
(a)
to any underwriting member of Lloyd's, or
(b)
to any company engaged in the business of marine protection and indemnity insurance on a mutual basis, on the disposal by that person after 18th November 1967 of any foreign securities which on that date formed part of a trust fund—
(i)
established by that person in any country or territory outside the United Kingdom, and
(ii)
representing premiums received in the course of that person's business, and
(iii)
wholly or mainly used for the purpose of meeting liabilities arising in that country or territory in respect of that business.
Gilt-edged securities past redemption date
15
So far as material for the purposes of this or any other Act, the definition of “gilt-edged securities” in Schedule 9 to this Act shall include any securities which were gilt-edged securities for the purposes of the 1979 Act, and the redemption date of which fell before 1st January 1992.
Land: allowance for betterment levy
17
(1)
Where betterment levy charged in the case of any land in respect of an act or event which fell within Case B or Case C or, if it was the renewal, extension or variation of a tenancy, Case F—
(a)
has been paid, and
(b)
has not been allowed as a deduction in computing the profits or gains or losses of a trade for the purposes of Case I of Schedule D;
then, if the person by whom the levy was paid disposes of the land or any part of it and so claims, the following provisions of this paragraph shall have effect.
(2)
Paragraph 9 of Schedule 2 shall apply where the condition stated in sub-paragraph (1)(a) of that paragraph is satisfied, notwithstanding that the condition in sub-paragraph (1)(b) of that paragraph is not satisfied.
(3)
Subject to the following provisions of this paragraph, there shall be ascertained the excess, if any, of—
(a)
the net development value ascertained for the purposes of the levy, over
(b)
the increment specified in sub-paragraph (6) below;
and the amount of the excess shall be treated as an amount allowable under section 38(1)(b).
(4)
Where the act or event in respect of which the levy was charged was a part disposal of the land, section 38 shall apply as if the part disposal had not taken place and sub-paragraph (5) below shall apply in lieu of sub-paragraph (3) above.
(5)
The amount or value of the consideration for the disposal shall be treated as increased by the amount of any premium or like sum paid in respect of the part disposal, and there shall be ascertained the excess, if any, of—
(a)
the aggregate specified in sub-paragraph (7) below, over
(b)
the increment specified in sub-paragraph (6) below;
and the amount of the excess shall be treated as an amount allowable under section 38(1)(b).
(6)
The increment referred to in sub-paragraphs (3)(b) and (5)(b) above is the excess, if any, of—
(a)
the amount or value of the consideration brought into account under section 38(1)(a), over
(b)
the base value ascertained for the purposes of the levy.
(7)
The aggregate referred to in sub-paragraph (5)(a) above is the aggregate of—
(a)
the net development value ascertained for the purposes of the levy, and
(b)
the amount of any premium or like sum paid in respect of the part disposal, in so far as charged to tax under Schedule A (or, as the case may be, Case VIII of Schedule D), and
(c)
the chargeable gain accruing on the part disposal.
(8)
Where betterment levy in respect of more than one act or event has been charged and paid as mentioned in sub-paragraph (1) above, sub-paragraphs (2) to (7) above shall apply without modifications in relation to the betterment levy in respect of the first of them; but in relation to the other or others sub-paragraph (3) or, as the case may be, (5) above shall have effect as if the amounts to be treated thereunder as allowable under section 38(1)(b) were the net development value specified in sub-paragraph (3)(a) or, as the case may be, the aggregate referred to in subparagraph (5)(a) of this paragraph.
(9)
Where the disposal is of part only of the land sub-paragraphs (2) to (8) above shall have effect subject to the appropriate apportionments.
(10)
References in this paragraph to a premium include any sum payable as mentioned in section 34(4) or (5) of the Taxes Act (sums payable in lieu of rent or as consideration for the surrender of lease or for variation or waiver of term) and, in relation to Scotland, a grassum.
Non-resident trusts
18
Without prejudice to section 289 or Part III of this Schedule—
(a)
any tax chargeable on a person which is postponed under subsection (4)(b) of section 17 of the 1979 Act shall continue to be postponed until that person becomes absolutely entitled to the part of the settled property concerned or disposes of the whole or part of his interest, as mentioned in that subsection; and
(b)
section 70 of and Schedule 14 to the Finance Act 1984M32 shall continue to have effect in relation to amounts of tax which are postponed under that Schedule, and accordingly in paragraph 12 of that Schedule the references to section 80 of the Finance Act 1981M33 and to subsections (3) and (4) of that section include references to section 87 of this Act and subsections (4) and (5) of that section respectively.
Private residences
19
The reference in section 222(5)(a) to a notice given by any person within 2 years from the beginning of the period mentioned in section 222(5) includes a notice given before the end of the year 1966-67, if that was later.
Works of art etc.
20
The repeals made by this Act do not affect the continued operation of sections 31 and 32 of the Finance Act 1965 M34, in the form in which they were before 13th March 1975, in relation to estate duty in respect of deaths occurring before that date.
Disposal before acquisition
21
The substitution of this Act for the corresponding enactments repealed by this Act shall not alter the effect of any provision enacted before this Act (whether or not there is a corresponding provision in this Act) so far as it relates to an asset which—
(a)
was disposed of before being acquired, and
(b)
was disposed of before the commencement of this Act.
Estate duty
22
Nothing in the repeals made by this Act shall affect any enactment as it applies to the determination of any principal value for the purposes of estate duty.
Validity of subordinate legislation
23
So far as this Act re-enacts any provision contained in a statutory instrument made in exercise of powers conferred by any Act, it shall be without prejudice to the validity of that provision, and any question as to its validity shall be determined as if the re-enacted provision were contained in a statutory instrument made under those powers.
Amendments in other Acts
24
(1)
The repeal by this Act of the Income and Corporation Taxes Act 1970 M35 does not affect—
(a)
the amendment made by paragraph 3 of Schedule 15 of that Act to section 26 of the Finance Act 1956M36, or
(b)
paragraph 10 of that Schedule so far it applies in relation to the Management Act.
(2)
The repeal by this Act of Schedule 7 to the 1979 Act does not affect the amendments made by that Schedule to any enactment not repealed by this Act.
Saving for Part III of this Schedule
25
The provisions of this Part of this Schedule are without prejudice to the generality of Part III of this Schedule.
Part IIIAssets acquired before commencement
26
(1)
The substitution of this Act for the enactments repealed by this Act shall not alter the effect of any provision enacted before this Act (whether or not there is a corresponding provision in this Act) so far as it determines—
(a)
what amount the consideration is to be taken to be for the purpose of the computation under this Act of any chargeable gain; or
(b)
whether and to what extent events in, or expenditure incurred in, or other amounts referable to, a period earlier than the chargeable periods to which this Act applies may be taken into account for any tax purposes in a chargeable period to which this Act applies.
(2)
Without prejudice to sub-paragraph (1) above, the repeals made by this Act shall not affect—
(a)
the enactments specified in Part V of Schedule 14 to the Finance Act 1971 M37 (charge on death) so far as their operation before repeal falls to be taken into account in chargeable periods to which this Act applies,
(b)
the application of the enactments repealed by the 1979 Act to events before 6th April 1965 M38 in accordance with paragraph 31 of Schedule 6 to the Finance Act 1965.
(3)
This paragraph has no application to the law relating to the determination of the market value of assets.
27
Where the acquisition or provision of any asset by one person was, immediately before the commencement of this paragraph and by virtue of any enactment, to be taken for the purposes of Schedule 5 to the 1979 Act to be the acquisition or disposal of it by another person, then, notwithstanding the repeal by this Act of that enactment, Schedule 2 to this Act shall also have effect as if the acquisition or provision of the asset by the first-mentioned person had been the acquisition or provision of it by that other person.
Part IVOther general savings
28
Where under any Act passed before this Act and relating to a country or territory outside the United Kingdom there is a power to affect Acts passed or in force before a particular time, or instruments made or having effect under such Acts, and the power would, but for the passing of this Act, have included power to change the law which is reproduced in, or is made or has effect under, this Act, then that power shall include power to make such provision as will secure the like change in the law reproduced in, or made or having effect under, this Act notwithstanding that this Act is not an Act passed or in force before that time.
29
(1)
The continuity of the law relating to the taxation of chargeable gains shall not be affected by the substitution of this Act for the enactments repealed by this Act and earlier enactments repealed by and corresponding to any of those enactments (“the repealed enactments”).
(2)
Any reference, whether express or implied, in any enactment, instrument or document (including this Act or any Act amended by this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision.
(3)
Any reference, whether express or implied, in any enactment, instrument or document (including the repealed enactments and enactments, instruments and documents passed or made after the passing of this Act) to, or to things done or falling to be done under or for the purposes of, any of the repealed enactments shall, if and so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision.
SCHEDULE 12 Repeals
Chapter | Short title | Extent of Repeal |
|---|---|---|
1968 c. 48 | International Organisations Act 1968 | In Schedule 1, paragraph 24(b). |
1970 c. 10 | Income and Corporation Taxes Act 1970 | The whole Act. |
1970 c. 24 | Finance Act 1970 | Sections 27 and 28. |
Section 29(3), (5), (6), (7) and (9). | ||
Schedule 3. | ||
Schedule 6. | ||
1971 c. 68 | Finance Act 1971 | Section 55. |
1973 c. 51 | Finance Act 1973 | Section 38(1), (3) to (5) and (8). |
1974 c. 30 | Finance Act 1974 | Section 29. |
1974 c. 44 | Housing Act 1974 | Section 11. |
1975 c. 45 | Finance (No.2) Act 1975 | Section 47. |
Section 58. | ||
1976 c. 40 | Finance Act 1976 | Section 54. |
In section 131(2) the words “and capital gains tax". | ||
1977 c. 36 | Finance Act 1977 | Sections 41 and 42. |
1979 c. 14 | Capital Gains Tax Act 1979 | The whole Act. |
1979 c. 47 | Finance (No.2) Act 1979 | Section 17. |
1980 c. 48 | Finance Act 1980 | Section 61(2). |
Sections 77 to 84. | ||
Section 117. | ||
Schedule 18. | ||
1981 c. 35 | Finance Act 1981 | Section 38(3) and (4). |
Sections 79 to 91. | ||
In section 135 the words “capital gains tax and". | ||
1982 c. 39 | Finance Act 1982 | Section 80. |
Sections 83 to 88. | ||
Section 148. | ||
Schedule 13. | ||
1982 c. 53 | Administration of Justice Act 1982 | Section 46(2)(f). |
1983 c. 20 | Mental Health Act 1983 | In Schedule 4 paragraph 49. |
1983 c. 28 | Finance Act 1983 | Section 34. |
Schedule 6. | ||
1983 c. 49 | Finance (No.2) Act 1983 | Section 7. |
1984 c. 32 | London Regional Transport Act 1984 | In Schedule 6 paragraphs 7 and 8. |
1984 c. 43 | Finance Act 1984 | Section 44. |
Section 50. | ||
Section 56(3) and (4). | ||
Sections 63 to 71. | ||
Section 79 to 81. | ||
In section 126(3)(b) the words “and capital gains tax". | ||
Schedules 11, 13 and 14. | ||
1984 c. 51 | Inheritance Tax Act 1984 | In Schedule 8 paragraphs 9 to 12 and 23. |
1985 c. 54 | Finance Act 1985 | Sections 67 to 72. |
Section 95(1)(b). | ||
Schedules 19 to 21. | ||
1985 c. 71 | Housing (Consequential Provisions) Act 1985 | In Schedule 2 paragraph 18. |
1986 c. 41 | Finance Act 1986 | Sections 58, 59 and 60. |
1986 c. 56 | Parliamentary Constituencies Act 1986 | In Schedule 3 paragraph 6. |
1987 c. 16 | Finance Act 1987 | Section 40. |
Section 68(3). | ||
1987 c. 51 | Finance (No.2) Act 1987 | Section 64. |
Section 73. | ||
Sections 79, 80 and 81. | ||
In Schedule 6, paragraphs 2, 4 and 5. | ||
1988 c. 1 | Income and Corporation Taxes Act 1988 | Section 122(1)(b) (and the word “and" immediately preceding it), (3) and (8). |
Sections 345 to 347. | ||
Section 761(4). | ||
In Schedule 28, paragraph 8(4) and (5). | ||
In Schedule 29, paragraphs 10(4)(b), 12 and 15 to 28; in the Table in paragraph 32, the entries relating to the Income and Corporation Taxes Act 1970, the Finance Act 1970, the Finance (No.2) Act 1975, the Capital Gains Tax Act 1979, Schedule 18 to the Finance Act 1980, sections 83 and 84 of the Finance Act 1981, Schedule 6 to the Finance Act 1983, section 50 of the Finance Act 1984, sections 68, 71 and 72 of, and Schedules 19 and 20 to, the Finance Act 1985 and section 58 of the Finance Act 1986. | ||
1988 c. 39 | Finance Act 1988 | Section 62 to 64. |
Sections 96 to 104. | ||
Section 105(1) to (5). | ||
Sections 106 to 116. | ||
Section 118. | ||
In Schedule 6, paragraph 6(5). | ||
Schedules 8 to 11. | ||
In Schedule 12, paragraphs 4, 5 and 7(b). | ||
In Schedule 13, paragraphs 16, 17 and 18. | ||
1988 c. 48 | Copyright, Designs and Patents Act 1988 | In Schedule 7 paragraph 26. |
1989 c. 26 | Finance Act 1989 | Section 91(2). |
Section 92(3) and in subsection (4) the words “the Capital Gains Tax Act 1979 or any other enactment relating to capital gains tax". | ||
Section 96(3). | ||
Section 122. | ||
Section 123(1)(a). | ||
Section 124 to 141. | ||
Section 179(1)(a)(vi). | ||
In Schedule 12, paragraph 6. | ||
Schedules 14 and 15. | ||
1989 c. 40 | Companies Act 1989 | In Schedule 18, paragraph 20. |
1990 c. 1 | Capital A1lowances Act 1990 | In Schedule 1, paragraphs 3 and 9(1) to (3). |
1990 c. 29 | Finance Act 1990 | Section 28(3). |
Sections 31 to 40. | ||
Sections 46 and 47. | ||
Section 54. | ||
Sections 63 to 65. | ||
Section 70. | ||
Section 72. | ||
Section 81(3) and (6). | ||
Section 83 to 86. | ||
Section 127(2). | ||
In Schedule 6, paragraph 10. | ||
Schedule 8. | ||
In Schedule 9, paragraphs 1 and 2. | ||
In Schedule 10, paragraphs 28 and 29(2) and (3). | ||
In Schedule 12, paragraph 2(2). | ||
In Schedule 14, paragraphs 17, 18 and 19(2), (3) and (4). | ||
In Schedule 18, paragraph 3. | ||
1991 c. 21 | Disability Living Allowance and Disability Working Allowance Act 1991 | In Schedule 2 paragraph 9. |
1991 c. 31 | Finance Act 1991 | Section 57(4). |
Section 67. | ||
Section 77(2). | ||
Section 78(2), (3), (6) and (7). | ||
Sections 83 to 102. | ||
In Schedule 6, paragraph 6. | ||
In Schedule 7, paragraphs 14 and 15. | ||
In Schedule 10, paragraphs 1 and 4. | ||
Schedules 16 to 18. | ||
1991 c. 52 | Ports Act 1991 | Section 18(8)(a). |
1992 c. 6 | Social Security (Consequential Provisions) Act 1992 | In Schedule 2, paragraph 51. |
Number | Title | Extent of Repeal |
|---|---|---|
S.I. 1979/1231 | Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1979 | The whole Order. |
S.I. 1979/1676 | Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1979 | The whole Order. |
S.I. 1980/507 | Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1980 | The whole Order. |
S.I. 1980/922 | Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1980 | The whole Order. |
S.I. 1980/1910 | Capital Gains Tax (Gilt-edged Securities) (No. 3) Order 1980 | The whole Order. |
S.I. 1981/615 | Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1981 | The whole Order. |
S.I. 1981/1879 | Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1981 | The whole Order. |
S.I. 1982/413 | Capital Gains Tax (Gilt-edged Securities) (No. 1) Order 1982 | The whole Order. |
S.I. 1982/1774 | Capital Gains Tax (Gilt-edged Securities) (No. 2) Order 1982 | The whole Order. |
S.I. 1983/1774 | Capital Gains Tax (Gilt-edged Securities) Order 1983 | The whole Order. |
S.I. 1984/1966 | Capital Gains Tax (Gilt-edged Securities) Order 1984 | The whole Order. |
S.I. 1986/12 | Capital Gains Tax (Gilt-edged Securities) Order 1986 | The whole Order. |
S.I. 1987/259 | Capital Gains Tax (Gilt-edged Securities) Order 1987 | The whole Order. |
S.I. 1988/360 | Capital Gains Tax (Gilt-edged Securities) Order 1988 | The whole Order. |
S.I. 1989/944 | Capital Gains Tax (Gilt-edged Securities) Order 1989 | The whole Order. |
S.I. 1991/2678 | Capital Gains Tax (Gilt-edged Securities) Order 1991 | The whole Order. |
1970 | = Income and Corporation Taxes Act 1970 c. 10. |
1970(F) | = Finance Act 1970 c. 24. |
1973 | = Finance Act 1973 c. 51. |
HA1974 | = Housing Act 1974 c. 44. |
1975(2) | = Finance (No. 2) Act 1975 c. 45. |
1976 | = Finance Act 1976 c. 40. |
1977 | = Finance Act 1977 c. 36. |
1979 | = Capital Gains Tax Act 1979 c. 14. |
1979(2) | = Finance (No. 2) Act 1979 c. 47. |
1980 | = Finance Act 1980 c. 48. |
1981 | = Finance Act 1981 c. 35. |
1982 | = Finance Act 1982 c. 39 |
AJA1982 | = Administration of Justice Act 1982 c. 53. |
1983(2) | = Finance (No. 2) Act 1983 c. 49. |
LRTA1984 | = London Regional Transport Act 1984 c. 32. |
1984 | = Finance Act 1984 c. 43. |
ITA | = Inheritance Tax Act 1984 c. 51. |
CCCPA | = Companies Consolidation (Consequential Provisions) Act 1985 c. 9. |
1985 | = Finance Act 1985 c. 54. |
HCPA | = Housing (Consequential Provisions) Act 1985 c. 71. |
1986 | = Finance Act 1986 c. 41. |
PCA | = Parliamentary Constituencies Act 1986 c. 56. |
1987 | = Finance Act 1987 c. 16. |
1987(2) | = Finance (No. 2) Act 1987 c. 51. |
ICTA | = Income and Corporation Taxes Act 1988 c. 1. |
1988 | = Finance Act 1988 c. 39. |
CDPA1988 | = Copyright, Designs and Patents Act 1988 c. 48. |
HA1988 | = Housing Act 1988 c. 50. |
1989 | = Finance Act 1989 c. 26. |
CAA | = Capital Allowances Act 1990 c. 1. |
1990 | = Finance Act 1990 c. 29. |
DLA1991 | = Disability Living Allowance and Disability Working Allowance Act 1991 c. 21 Sch. 2 §9; Disability Living Allowance and Disability Working Allowance (Northern Ireland Consequential Amendments) Order 1991 Art. 2. |
1991 | = Finance Act 1991 c. 31. |
SSCP | = Security Security (Consequential Provisions) Act 1992 c. 6; Security Security (Consequential Provisions) Act (Northern Ireland) 1992 c. 9. |
SI 1988/744 | = The Finance (No. 2) Act 1987 (Commencement) Order 1988. |
SI 1989/1299 | = The Income Tax (Stock Lending) Regulations 1989. |
SI 1989/1788 | = The Finance Act 1989 (Repeal of Tithe Redemption Enactments) (Appointed Day) Order 1989. |
SI 1991/736 | = Capital Gains (Annual Exempt Amount) Order 1991. |
Provision of Bill | Derivation |
|---|---|
1 | 1979 s. 1. |
2(1) | 1979 s. 2. |
(2) | 1979 s. 4(1). |
(3) | 1979 s. 29(5). |
3(1) | 1979 s. 5(1); 1980 s. 77(2); 1982 s. 80(1). |
(2)-(4) | 1979 s. 5(1A), (1B), (1C); 1982 s. 80(2); S.I. 1991/736. |
(5), (6) | 1979 s. 5(4), (5); 1982 s. 80(1). |
(7) | 1979 Sch. 1 §4. |
(8) | 1979 s. 5(6). |
4 | 1988 s. 98. |
5 | 1988 s. 100. |
6 | 1988 s. 102; 1991 Sch. 6 §6. |
7 | 1979 s. 7; 1980 s. 61(2). |
8 | ICTA s. 345, 834. |
9 | 1979 s. 18(1)-(3). |
10(1) | 1979 s. 12(1). |
(2) | 1979 s. 12(1A); 1989 s. 128(2). |
(3) | ICTAs. 11(2)(b), 6(4). |
(4) | 1979 s. 12(2). |
(5) | 1979 s. 12(2A); 1989 s. 126(2). |
(6) | 1979 s. 12(3). |
11 | 1979 s. 18(5)-(8); ICTASch. 29 §16. |
12 | 1979 s. 14. |
13(1)-(9) | 1979 s. 15(1)-(9). |
(10) | 1981 s. 85. |
(11) | 1979 s. 15(10). |
14 | 1979 s. 16. |
15 | 1979 s. 28(1), (2), 30; 1982 s. 86. |
16 | 1979 s. 29(1)-(4). |
17 | 1979 s. 29A(1), (2); 1981 s. 90. |
18 | 1979 s. 62; 1981 s. 90(3)(a), (b). |
19 | 1985 s.71(1)-(4), (6), (7). |
20 | 1985 Sch. 21. |
21 | 1979 s. 19(1), (2). |
22 | 1979 s. 20. |
23 | 1979 s. 21. |
24 | 1979 s. 22. |
25 | 1989 s. 127; 1990 Sch. 9 §2. |
26 | 1979 s. 23. |
27 | 1979 s. 24. |
28 | 1979 s. 27. |
29 | 1979 s. 25. |
30(1) | 1979 s. 26(1); 1989 s. 135(1). |
(2) | 1979 s. 26(1A); 1989 s. 135(1). |
(3)-(7) | 1979 s. 26(2)–(6). |
(8) | 1979 s. 26(7); 1989 s. 135(2). |
(9) | 1979 s. 26(8); 1989 s. 135(3). |
31 | 1979 s. 26A; 1989 s. 136. |
32 | 1979 s. 26B; 1989 s. 136. |
33 | 1979 s. 26C; 1989 s. 136. |
34 | 1979 s. 26D; 1989 s. 137. |
35 | 1988 s. 96; Sch.8 §1(3); 1989 Sch. 15 §4(2); 1990 s. 70(7)(b), Sch. 12 §2(2); 1979 s. 28(3); 1991 s. 78(7). |
36 | 1988 s. 97. |
37(1)-(3) | 1979 s. 31(1)-(3); CAASch. 1 §3. |
(4) | 1979 s. 31(4); ICTASch. 29 §17. |
38 | 1979 s. 32. |
39 | 1979 s. 33; ICTASch. 29 §19. |
40 | 1970 s. 269; 1981 s. 38(3), (4). |
41 | 1979 s. 34; 1988 Sch. 13 §16; CAASch. 1 §3. |
42 | 1979 s. 35. |
43 | 1979 s. 36. |
44 | 1979 s. 37. |
45 | 1979 s. 127. |
46 | 1979 s. 38. |
47 | 1979 s. 39. |
48 | 1979 s. 40(2). |
49 | 1979 s. 41. |
50 | 1979 s. 42. |
51 | 1979 s. 19(4), (5). |
52 | 1979 s. 43. |
53 | 1982 s. 86(2)-(4), (6); 1985 Sch. 19 §1. |
54 | 1982 s. 87; 1985 Sch. 19 §2. |
55(1) | 1985 s. 68(4). |
(2) | 1985 s. 68(5); 1988 Sch. 8 §11. |
(3) | 1985 s. 68(5A); 1988 s. 118. |
(4) | 1985 s. 68(6). |
(5) | 1985 s. 68(7), (7A); 1988 s. 118; 1989 Sch. 15 §4; 1990 s. 70(7); 1991 s. 78(6), 99(1). |
(6) | 1985 s. 68(8). |
56(1) | 1982 Sch. 13 §1; 1985 Sch. 19 §5(1). |
(2) | 1982 Sch. 13 §2; 1985 Sch. 19 §5(2)(b). |
57 | 1982 Sch. 13 §4. |
58 | 1979 s. 44. |
59 | 1979 s. 60. |
60 | 1979 s. 46. |
61 | 1979 s. 99; AJA 1982 s. 46(2)(f). |
62 | 1979 s. 49; 1981 s. 90(3)(a). |
63 | 1979 s. 50. |
64 | 1979 s. 47. |
65 | 1979 s. 48. |
66 | 1979 s. 61. |
67 | 1980 s. 79; 1979 s. 56A; 1982 s. 84; 1989 s. 124(3). |
68 | 1979 s. 51. |
69 | 1979 s. 52. |
70 | 1979 s. 53; 1981 s. 86. |
71 | 1979 s. 54; 1981 s. 87. |
72 | 1979 s. 55(1),(3)-(6); 1982 s. 84. |
73(1) | 1979 s. 56(1); 1981 s. 87. |
(2), (3) | 1979 s. 56(1A), (1B); 1982 s. 84(2). |
74 | 1979 s. 56A; 1982 s. 84; 1989 Sch. 14 §6(1). |
75 | 1979 s. 57. |
76 | 1979 s. 58. |
77 | 1988 Sch. 10 §1-4. |
78(1), (2) | 1988 Sch. 10 §5(1), (2). |
(3) | 1988 Sch. 10 §5(3); 1991 s. 89(3). |
79 | 1988 Sch. 10 §6-9. |
80 | 1991 s. 83. |
81 | 1991 s. 84. |
82 | 1991 s. 85. |
83 | 1991 s. 86. |
84 | 1991 s. 87. |
85(1) | 1981 s. 88(1). |
(2)-(9) | 1991 s. 88(1)-(8). |
86(1)-(3) | 1991 Sch. 16 §1(1)-(3). |
(4) | 1991 Sch. 16 §2. |
(5) | |
87(1), (2) | 1981 s. 80(1), (2). |
(3) | 1980 s. 80(2A); 1991 s. 89(2). |
(4)-(7) | 1981 s. 80(3)-(6). |
(8) | 1981 s. 80(6A); 1991 Sch. 18 §1. |
(9) | 1981 s. 80(7). |
(10) | 1981 s. 80(1), (8); 1984 s. 70(3). |
88 | 1981 s. 80A; 1991 Sch. 18 §2. |
89 | 1981 s. 81; 1991 Sch. 18 §3. |
90 | 1981 s. 82. |
91 | 1991 Sch. 17 §4. |
92(1) | 1991 Sch. 17 §2(3). |
(2) | 1991 Sch. 17 §2(2), (4), (5). |
(3) | 1991 Sch. 17 §3(1), (2). |
(4)-(6) | 1991 Sch. 17 §3(3)-(5). |
93(1) | 1991 Sch. 17 §5(1)(a), (b), (d), 6(1)(a), (b), (d). |
(2) | 1991 Sch. 17 §5(1)(c), (2), (3). |
(3) | 1991 Sch. 17 §6(1)(c), (2), (3). |
(4) | 1991 Sch. 17 §7. |
94 | 1991 Sch. 17 §8. |
95 | 1991 Sch. 17 §9. |
96 | 1981 s. 82A; 1991 Sch. 18 §4. |
97(1)(a) | 1981 s. 83(1), (11); 1991 Sch. 17 §1(c), 18 §6(2). |
(b) | 1981 s. 83(1A); 1991 Sch. 18 §6(3). |
(2)-(6) | 1981 s. 83(2)-(6); 1990 Sch. 14 §18; 1991 Sch. 18 §6(4), (5). |
(7) | 1981 s. 83(7); 1984 s. 71; 1991 Sch. 18 §6(5). |
(8)-(10) | 1981 s. 83(8)-(10); 1991 Sch. 18 §5. |
98 | 1981 s. 84. |
99(1) | 1979 s. 93. |
(2) | 1979 s. 92(1)(a), (b); 1987 s. 40(3). |
(3) | 1979 s. 92(2), (3)(a); 1987 s. 40(4). |
100(1) | 1980 s. 81(1). |
(2) | 1979 s. 96. |
(3) | 1979 s. 92(1)(d). |
101 | 1979 s. 98; 1980 s. 81. |
102 | 1989 s. 140. |
103 | 1990 s. 54. |
104(1), (2) | 1985 Sch. 19 §8, 9(1), 17(1). |
(3) | 1979 s. 66(3), (4); 1985 s. 68(9), (10), Sch. 19 §8(1)(c), 9(3). |
(4) | 1985 Sch. 19 §8(2). |
(5) | 1985 Sch. 19 §8(3). |
(6) | 1985 Sch. 19 §10. |
105 | 1979 s. 66(1), (2); 1985 Sch. 19 §17(2). |
106 | 1975(2) s. 58; 1979 Sch. 7. |
107(1), (2) | 1985 Sch. 19 §16(1), (2). |
(3)-(6) | 1985 Sch. 19 §18 |
(7)-(9) | 1985 Sch. 19 §19. |
108 | 1982 s. 88; 1985 Sch. 19 §3. |
109(1)-(3) | 1982 Sch. 13 §6(1), (2), 7(1), 8(1), (2)(a), (3), 9, 10. |
(4), (5) | 1985 Sch. 19 §6(3), (4). |
(6) | 1985 Sch. 19 §7(2), (3). |
110(1)-(3) | 1985 Sch. 19 §11. |
(4) | 1985 Sch. 19 §12. |
(5)-(9) | 1985 Sch. 19 §13. |
(10), (11) | 1985 Sch. 19 §14. |
111 | 1988 s. 113. |
112 | 1985 Sch. 19 §21(2), (3), 20. |
113 | 1982 Sch. 13 §6, 1985 Sch. 19 §5(5). |
114 | 1985 Sch. 19 §15. |
115 | 1979 s. 67; 1986 s. 59. |
116(1) | 1984 s. 64(7) |
(2)-(4) | 1984 Sch. 13 §7. |
(5)-(8) | 1984 Sch. 13 §8. |
(9) | 1984 Sch. 13 §9. |
(10), (11) | 1984 Sch. 13 §10; 1985 s. 67(2)(c); 1989 s. 139; 1990 s. 70(6). |
(12)-(14) | 1984 Sch. 13 §11. |
(15) | 1984 Sch. 13 §12; 1990 s. 85. |
117(1) | 1984 s. 64(2)(b), (c), (2A); 1991 s. 98. |
(2) | 1984 s. 64(3). |
(3) | 1984 s. 64(3A)-(3D); 1989 s. 139; 1990 Sch. 10 §28. |
(4)-(6) | 1984 s. 64(3E)-(3G); 1991 Sch. 10 §1. |
(7), (8) | 1984 s. 64(4), (5); 1989 Sch. 14 §6(4). |
(9) | 1984 s. 64(5A)-(5D); 1989 s. 139; 1990 Sch. 10 §28. |
(10) | 1984 s. 64(6); 1989 s. 139. |
(11)(a) | 1984 s. 64(8). |
(11)(b), (12) | 1984 s. 64(9)-(11); 1991 Sch. 10 §1. |
(13) | 1991 Sch. 10 §1(5). |
118 | 1979 s. 132A; ICTASch. 29 §23; 1989 s. 96(3). |
119 | 1979 s. 33A; ICTASch. 29 §20. |
120(1) | 1988 s. 84. |
(2)-(7) | 1979 s. 32A; ICTASch. 29 §18. |
121 | 1979 s. 71. |
122 | 1979 s. 72 |
123 | 1979 s. 73. |
124 | 1979 s. 74. |
125 | 1979 s. 75; 1988 Sch. 8 §7. |
126 | 1979 s. 77; 1982 Sch. 13 §5(3). |
127 | 1979 s. 78. |
128(1) | 1979 s. 79(1). |
(2) | 1979 s. 79(1), first and second provisos; 1981 s. 91. |
(3), (4) | 1979 s. 79(2), (3). |
129 | 1979 s. 80. |
130 | 1979 s. 81. |
131 | 1982 Sch. 13 §5(1), (2). |
132 | 1979 s. 82; 1982 Sch. 13 §5(3). |
133 | 1979 s. 83. |
134(1) | 1979 s. 84(1). |
(2) | 1979 s. 84(2), (3). |
(3) | 1979 s. 84(4); 1985 s. 67(2). |
(4)-(6) | 1979 s. 84(5)-(7). |
135 | 1979 s. 85; 1982 Sch. 13 §5(3). |
136 | 1979 s. 86. |
137 | 1979 s. 87; 1987(2) Sch. 6 §5. |
138 | 1979 s. 88. |
139(1), (2) | 1970 s. 267(1), (2); 238(4). |
(3) | 1970 s. 267(2A); 1990 s. 65(1). |
(4) | 1970 s. 267(3); 1980 s. 81(2). |
(5)-(7) | 1970 s. 267(3A)-(3C); 1977 s. 41. |
(8) | 1987(2) Sch. 6 §2. |
(9) | 1970 s. 267(4). |
140 | 1970 s. 268A; 1977 s. 42. |
141 | 1979 s. 89; 1981 s. 91(2). |
142 | 1979 s. 90; 1981 s. 90(3). |
143(1), (2) | 1985 s. 72(1), (2); 1987(2) s. 81(1), (2). |
(3), (4) | 1985 s. 72(2A), (2B); 1987(2) s. 81(3). |
(5), (6) | 1985 s. 72(3), (4). |
144(1)-(4) | 1979 s. 137(1)-(4); 1987(2) s. 81. |
(5)-(9) | 1979 s. 137(6)-(10); 1987(2) s. 81. |
145 | 1982 Sch. 13 §7. |
146 | 1979 s. 138; 1980 s. 84(5), (6); 1987(2) s. 81. |
147 | 1979 s. 139. |
148 | 1991 s. 102. |
149 | 1991 Sch. 10 §4. |
150 | 1979 s. 149C; 1985 Sch. 19 §16(3); ICTASch. 29 §26; 1990 Sch. 14 §17; 1991 s. 99(2). |
151(1), (2) | 1979 s. 149D(1), (2); ICTASch. 29 §26. |
(3) | 1979 s. 149D(2A); 1988 s. 116. |
152(1), (2) | 1979 s. 115(1), (2). |
(3), (4) | 1979 s. 115(3). |
(5)-(8) | 1979 s. 115(4)-(7). |
(9) | 1979 s. 115(7A); 1988 Sch. 8 §9. |
(10), (11) | 1979 s. 115(8), (9). |
153 | 1979 s. 116. |
154(1), (2) | 1979 s. 117(1), (2); 1990 s. 40(2). |
(3), (4) | 1979 s. 117(2A), (3); 1990 s. 40(3), (4). |
(5)-(7) | 1979 s. 117(4)-(6). |
155 | 1979 s. 118; 1988 s. 112. |
156 | 1979 s. 119. |
157 | 1979 s. 120; 1985 s. 70(9). |
158 | 1979 s. 121. |
159 | 1989 s. 129. |
160 | 1989 s. 133. |
161 | 1979 s. 122. |
162 | 1979 s. 123. |
163 | 1985 s. 69; 1991 s.100. |
164 | 1985 s. 70(1)-(8); 1991 s. 100. |
165(1), (2) | 1979 s. 126(1), (1A); 1989 Sch. 14 §1. |
(3) | 1979 s. 126(2); 1985 s. 70(9); 1989 Sch. 14 §1(3). |
(4)-(6) | 1979 s. 126(3)-(5). |
(7)-(9) | 1979 s. 126(6)-(8); 1981 s. 90(3)(a); 1985 s. 70(9). |
(10), (11) | 1979 s. 126(9), (10); 1989 Sch. 14 §1. |
166 | 1979 s. 126A; 1989 Sch. 14 §2. |
167 | 1979 s. 126B; 1989 Sch. 14 §2. |
168 | 1981 s. 79; 1989 Sch. 14 §6; 1991 s. 92(2). |
169 | 1986 s. 58; 1989 Sch. 14 §6. |
170(1) | 1970 s. 238(4); 1988 Sch. 14 Part V Note 3 |
(2) | 1970 s. 272(1); 1989 s. 138(1); 1990 s. 70(2). |
(3)-(8) | 1970 s. 272(1A)-(1F); 1989 s. 138(2); 1990 s. 86. |
(9) | 1970 s. 272(2); 1987(2) s. 79; CCCPA Sch. 2. |
(10), (11) | 1970 s. 272(3), (4); 1989 s. 138(3), (4). |
(12), (13) | 1970 s. 272(5). |
(14) | 1970 s. 272(6); LRTA 1984 Sch. 6 §7. |
171(1) | 1970 s. 273(1). |
(2) | 1970 s. 273(2); 1980 s. 81(4); 1987(2) s. 64(3); 1990 s. 65(2). |
(3) | 1970 s. 273(2A); 1988 s. 115. |
(4) | 1970 s. 273(3). |
172 | 1970 s. 273A; 1990 s. 70. |
173 | 1970 s. 274. |
174(1)-(3) | 1970 s. 275(1), (1A), (1B); 1990 s. 70(3). |
(4) | 1970 s. 275(2). |
(5) | 1970 s. 275(3); 1980 s. 81(5). |
175(1) | 1970 s. 276(1); 1987(2) s. 64(4). |
(2) | 1970 s. 276(1A); 1987(2) s. 64(4); 1990 s. 65(3). |
(3) | 1970 s. 276(2). |
(4) | 1990 s. 65(6). |
176 | 1970 s. 280; CCCPA Sch. 2; 1988 Sch. 8 §6. |
177 | 1970 s. 281; 1990 s. 70(4). |
178(1)-(3) | 1970 s. 278(1)-(3). |
(4)-(6) | 1970 s. 278(3B)-(3D); 1989 s. 138(5). |
(7) | 1970 s. 278(3F); 1989 s. 138(5). |
(8)-(10) | 1970 s. 278(4)-(6). |
179(1)-(3) | 1970 s. 278(1)-(3); 1987(2) Sch. 6 §4(2). |
(4) | 1970 s. 278(3A); 1987(2) Sch. 6 §4(2). |
(5)-(9) | 1970 s. 278(3B)-(3F); 1989 s. 138(5). |
(10) | 1970 s. 278(4). |
(11) | 1970 s. 278(5); 1987(2) Sch. 6 §4(3). |
(12) | 1970 s. 278(5A); 1987(2) Sch. 6 §4(4). |
(13) | 1970 s. 278(6). |
180(1), (2) | 1970 s. 278(8); 1987(2) s. 95(2); 1989 s. 138(7). |
(3)-(7) | 1989 s. 138(8)-(12). |
181 | 1970 s. 278A; 1970(F) s. 27. |
182 | 1988 Sch. 11 §1, 2. |
183 | 1988 Sch. 11 §3. |
184 | 1988 Sch. 11 §4, 5, 6; 1990 s. 70(8). |
185 | 1988 s. 105(1)-(5). |
186 | 1988 s. 106. |
187 | 1988 s. 107. |
188 | 1989 s. 132. |
189 | ICTA s. 346. |
190 | ICTA s. 347. |
191 | 1989 s. 134. |
192 | 1980 s. 117, Sch. 18 §9, 10, 15, 23. |
193 | 1987(2) s. 80. |
194 | 1988 s. 62. |
195 | 1988 s. 63. |
196 | 1988 s. 64. |
197 | 1984 s. 79. |
198 | 1984 s. 80. |
199 | 1989 s. 131. |
200 | 1990 s. 64. |
201(1), (2) | ICTAs. 122(1). |
(3) | ICTAs. 122(3). |
(4) | ICTAs. 122(8). |
202(1), (2) | 1970(F) s. 29(5), Sch. 6 §3. |
(3), (4) | 1970(F) Sch. 6 §4. |
(5), (6) | 1970(F) Sch. 6 §5. |
(7), (8) | 1970(F) Sch. 6 §6. |
(9)-(11) | 1970(F) Sch. 6 §7. |
203 | 1970(F) s. 29(6), (7), (9), Sch. 6 §8, 9. |
204 | 1979 s. 140, 149A(2). |
205 | 1979 s. 141. |
206 | 1979 s. 142; 1988 s. 101. |
207(1)-(3) | 1979 s. 142A(1)-(3); ICTASch. 29 §24. |
(4), (5) | 1979 s. 142A(4A), (4B); 1989 s. 91; S.I. 1989/1299. |
(6) | 1979 s. 142A(4). |
208 | 1985 Sch. 19 §22, 23. |
209 | 1979 s. 142A(5-7); 1989 s. 92. |
210 | 1979 s. 143. |
211 | 1970 s. 267A; 1990 Sch. 9 §1. |
212 | 1990 s. 46; 1991 Sch. 7 §14. |
213 | 1990 s. 47. |
214 | 1990 Sch. 8; 1991 Sch. 7 §15. |
215 | 1979 s. 149A(1); ICTASch. 29 §26. |
216 | 1988 Sch. 12 §1, 4. |
217 | 1988 Sch. 12 §5. |
218 | 1970 s. 342; HCPA Sch. 2 §18; 1991 s. 95, 96. |
219 | 1970 s. 342A; HA 1974 s. 11; HCPA Sch. 2 §18; 1991 s. 95, 96. |
220 | 1970 s. 342B; 1984 s. 56(3). |
221 | 1979 s. 123A; ICTASch. 29 §22. |
222 | 1979 s. 101; ICTASch. 29 §21; 1991 s. 93. |
223(1)-(3) | 1979 s. 102(1)-(3); 1991 s. 94. |
(4) | 1980 s. 80(1); 1991 s. 94. |
(5), (6) | 1979 s. 102(5), (6); 1991 s. 94. |
(7) | 1979 s. 102(3), (4); 1988 Sch. 8 §8. |
224 | 1979 s. 103. |
225 | 1979 s. 104. |
226(1), (2) | 1979 s. 105(1), (2); 1988 s. 111(1), (2). |
(3) | 1988 s. 111(3). |
(4)-(7) | 1979 s. 105(3)-(6). |
227 | 1990 s. 31. |
228 | 1990 s. 32. |
229 | 1990 s. 33. |
230 | 1990 s. 34. |
231 | 1990 s. 35. |
232 | 1990 s. 36. |
233 | 1990 s. 37. |
234 | 1990 s. 38. |
235 | 1990 s. 39. |
236 | 1990 s. 40(5)-(8). |
237 | 1979 s. 144. |
238 | 1979 s. 144A; ICTASch. 29 §25. |
239 | 1979 s. 149; 1981 s. 90(3); ITA Sch. 8 §11; CCCPA Sch. 2. |
240 | 1979 s. 106, 129. |
241(1) | 1984 s. 50(1). |
(2) | 1984 s. 50(2)-(9). |
(3) | 1984 Sch. 11 §1; 1985 s. 70(10). |
(4)-(8) | 1984 Sch. 11 §4-7. |
242 | 1979 s. 107; 1984 s. 63; 1986 s. 60. |
243 | 1979 s. 108. |
244 | 1979 s. 109. |
245 | 1979 s. 110. |
246 | 1979 s. 111. |
247 | 1979 s. 111A; 1982 s. 83. |
248 | 1979 s. 111B; 1982 s. 83. |
249 | 1979 s. 112. |
250 | 1979 s. 113; 1988 Sch. 6 §6(5). |
251 | 1979 s. 134. |
252 | 1979 s. 135. |
253(1)-(5) | 1979 s. 136(1)-(5). |
(6)-(8) | 1979 s. 136(5A)-(5C); 1990 s. 83. |
(9) | 1979 s. 136(6); 1990 s. 83. |
(10)-(12) | 1979 s. 136(7)-(9). |
(13) | 1979 s. 136(9A); 1990 s. 83. |
(14), (15) | 1979 s. 136(10), (11); 1989 Sch. 12 §6. |
254 | 1979 s. 136A; 1990 s. 84. |
255 | 1979 s. 136B; 1990 s. 84. |
256 | 1979 s. 145. |
257 | 1979 s. 146; 1981 s. 90; ITA Sch. 8 §9. |
258 | 1979 s. 147; ITA Sch. 8 §10; 1985 s. 95(1)(b). |
259 | 1979 s. 146A; 1989 s. 125. |
260 | 1979 s. 147A; 1989 Sch. 14 §4. |
261 | 1979 s. 147B; 1989 Sch. 14 §4. |
262 | 1979 s. 128; 1989 s. 123. |
263 | 1979 s. 130. |
264 | 1983(2) s. 7; PCA Sch. 3 §6. |
265 | 1984 s. 126; 1985 s. 96. |
266 | 1976 s. 131. |
267 | 1991 s. 78(1)-(3), (8). |
268 | 1979 s. 131. |
269 | 1979 s. 133. |
270 | 1981 s. 135. |
271 | 1979 s. 149B; ICTASch. 29 §26; 1988 Sch. 12 §7(b), Sch. 13 §17; 1990 s. 28(3), 81, Sch. 18 §3; 1991 s. 57(4). |
272 | 1979 s. 150(1)-(4), (6). |
273 | 1979 s. 152. |
274 | 1979 s. 153. |
275 | 1979 s. 18(4); 1984 s. 69; CDPA 1988 Sch. 7 §26. |
276(1) | 1973 s. 38(1); ICTA s. 830(1). |
(2), (3) | 1973 s. 38(2), (3). |
(4)-(6) | 1973 s. 38(3A)-(3C); 1984 s. 81(2); 1989 s. 130(1). |
(7) | 1973 s. 38(4); ICTASch. 29 §12. |
(8) | 1973 s. 38(5); 1984 s. 81. |
277 | 1979 s. 10. |
278 | 1979 s. 11. |
279(1)-(6) | 1979 s. 13; 1991 s. 97. |
(7) | 1988 s. 104. |
(8) | 1991 s. 97. |
280 | 1979 s. 40(1). |
281 | 1979 s. 7A; 1989 Sch. 14 §5. |
282 | 1979 s. 59. |
283(1) | 1975(2) s. 47(1); 1989 s. 179(1). |
(2) | 1975(2) s. 47(4). |
(3) | 1975(2) s. 47(8). |
(4), (5) | 1975(2) s. 47(11),(12). |
284 | 1979 s. 154. |
285 | 1987(2) s. 73; ICTA s. 841(3). |
286 | 1979 s. 63 ICTASch. 29 §15. |
287 | 1979 s. 5(1C), 92(3), 102(5), (7), 137(10), 142A(5), 149D(3), Sch. 2 §1; 1984 s. 64(3F), (12), 126(1), (4); 1985 s. 96(1), Sch. 19 §21(4); 1987(2) s. 73, 81, 95(2), Sch. 6 §2, 4, 5; ICTA s. 828, Sch. 29 §24, 26; 1989 s. 92(6); 1990 s. 46(9); 1991 s. 94, Sch. 10 §1, Sch. 17 §4(8). |
288 | 1979 s. 155; 1979 s. 64; 1984 s. 64; 1985 s. 72(6); ICTASch. 29 §27; 1988 Sch. 13 §18; 1989 Sch. 14 §6; 1990 s. 127(2). |
289 | |
290 | |
291 | |
Sch. 1 §1(1) | 1979 Sch. 1 §5(1); 1980 s. 77(4)(c); 1981 s. 89(2); DLA 1991. |
(2) | 1979 Sch. 1 §5(1A); 1981 s. 89(3). |
(3) | 1979 Sch. 1 §5(1B); 1981 s. 89(3); 1982 s. 80(3). |
(4) | 1979 Sch. 1 §5(1C); 1981 s. 89(3). |
(5) | 1979 Sch. 1 §5(1D); 1981 s. 89(3); 1982 s. 80(3). |
(6) | 1979 Sch. 1 §5(2); Mental Health Act 1983 Sch. 4 §49; 1981 s. 89(4); DLA 1991; SSCP. |
(7) | 1979 Sch. 1 §5(3); 1981 s. 89(5). |
2(1) | 1979 Sch. 1 §6(1); 1980 s. 78(2). |
(2) | 1979 Sch. 1 §6(2); 1980 s. 78(3); 1982 s. 80(3)(b), (d). |
(3) | 1979 Sch. 1 §6(3); 1980 s. 78(3); 1982 s. 80(3)(e). |
(4) | 1979 Sch. 1 §6(4); 1980 s. 78(3); 1982 s. 80(3)(c), (d). |
(5) | 1979 Sch. 1 §6(5); 1980 s. 78(3). |
(6) | 1979 Sch. 1 §6(6); 1980 s. 78(3); 1982 s. 80(3)(d). |
(7)-(9) | 1979 Sch. 1 §6(7)-(9); 1980 s. 78(3). |
Sch. 2 §1-3 | 1979 Sch. 5 §1-3; 1982 Sch. 13 §11. |
4(1) | |
(2) | 1979 Sch. 5 §4(1). |
(3)-(7) | 1979 s. 65. |
(8)-(13). | 1979 Sch. 5 §4(2)-(7). |
5-8 | 1979 Sch. 5 §5-8. |
9-15 | 1979 Sch. 5 §9, 10. |
16 | 1979 Sch. 5 §11. |
17 | 1979 Sch. 5 §12. |
18 | 1979 Sch. 5 §13; 1982 Sch. 13 §11. |
19-23 | 1979 Sch. 5 §14-18. |
Sch. 3 §1 | 1988 Sch. 8§1; 1989 Sch. 15§4(2); 1990 s. 70(7)(b),Sch. 12§2(2); 1991 s. 78(7). |
2 | 1988 Sch. 8§2. |
3 | 1988 Sch. 8§3. |
4 | 1988 Sch. 8§4; 1989 Sch. 15§3. |
5 | 1988 Sch. 8§5. |
6 | 1988 Sch. 8§10. |
7 | 1988 Sch. 8§12; 1990 s. 63. |
8 | 1988 Sch. 8§13; 1989 Sch. 15§5. |
9 | 1988 Sch. 8§14. |
Sch. 4 §1 | 1988 Sch. 9§1; 1991 s. 101(2). |
2 | 1988 Sch. 9§2; 1991 s. 101(3), (4). |
3 | 1988 Sch. 9§2A; 1991 s. 101(5). |
4(1)-(4) | 1988 Sch. 9§3; 1989 Sch. 15§2; 1991 s. 101(6)-(8) |
(5) | 1989 Sch. 15§1. |
5-8 | 1988 Sch. 9§4-7. |
9 | 1988 Sch. 9§8; 1991 s. 101(9). |
Sch. 5 | 1991 Sch. 16§3-16. |
Sch. 6 §1-12 | 1985 Sch. 20§1-12; 1991 s. 100. |
13 | 1985 Sch. 20§13; 1988 s. 110; 1991 s. 100. |
14 | 1985 Sch. 20§14. |
15 | 1985 Sch. 20§15; 1988 s. 110. |
16 | 1985 Sch. 20§16; 1988 s. 110. |
Sch. 7 §1 | 1979 Sch. 4§1; ITA 1984 Sch. 8§12; 1989 Sch. 14§3(2). |
2 | 1979 Sch. 4§2; 1989 Sch. 14§3(3). |
3 | 1979 Sch. 4§3; ITA 1984 Sch. 8§12; 1989 Sch. 14§3(4). |
4 | 1979 Sch. 4§4; 1989 Sch. 14§3(5). |
5, 6 | 1979 Sch. 4§5, 6; 1989 Sch. 14§3(6). |
7 | 1979 Sch. 4§7; 1989 Sch. 14§3(7). |
8 | 1979 Sch. 4§8; 1985 s. 70(9). |
Sch. 8 | 1979 Sch. 3. |
Sch. 9 §1-3 | 1979 Sch. 2§1-3. |
Part II | 1979 Sch. 2 Part II together with the securities specified in the Capital Gains Tax (Gilt-edged Securities) Orders 1979-1991 made under paragraph 1 of Schedule 2 to the 1979 Act; Gas Act 1986 (c. 44) s. 50(3). |