Amendments proposed to the Finance Bill - continued House of Commons

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Gift Aid and non-taxpayers

   

Mr Edward Davey
Mr John Burnett
Dr John Pugh
Mr David Laws

NC14

To move the following Clause:—

    '—(1)   Section 25 of the Finance Act 1990 (donations to charity by individuals) shall be amended in accordance with subsection (2) below.

    (2)   In subsection (8),

      (a) after "year of assessment" there shall be inserted "by more than £520"; and

      (b) at the end there shall be added "over £520".

    (3)   This section shall be deemed to have effect for the year 2002-03 and subsequent years of assessment.'.


Mandatory e-filing: provision of software
   

Mr Peter Luff

NC15

To move the following Clause:—

    '.—(1)   The Commissioners of Inland Revenue ("the Commissioners") shall make available to those specified persons required by regulations made pursuant to section 132 to use electronic communications for the delivery of specified information such software as is necessary to facilitate the delivery of that information or the computation of any tax liabilities on those persons.

    (2)   The Commissioners shall make available the software specified in subsection (1) above without charge.

    (3)   Such specified persons to whom the software specified in subsection (1) above is made available shall not be liable for any error arising from its proper use.'.


Rate of stamp duty on commercial property
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC16

To move the following Clause:—

    '.—(1)   In Schedule 13 to the Finance Act 1999 (instruments chargeable and rates of duty) after paragraph 3 of that Schedule insert a new paragraph 3A—

          "3A   In the case of a conveyance or transfer of land which is not residential property within the meaning of section 92A of the Finance Act 2001 the rates of duty are as follows—

          1. Where the amount or value of the consideration is £60,000 or under and the instrument is certified at £60,000Nil     

          2. Where the amount of the consideration is £250,000 or under and the instrument is certified at £250,0001%     

          3. Any other case2%"     

    (2)   This section applies to instruments executed on or after 1st August 2002.'.


Stamp duty and OFEX
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC17

To move the following Clause:—

       '.—In each of the following provisions—

      (a) subsections (1)(a), (2)(a) and (3)(a) of section 80A Finance Act 1986 (changes in financial institutions),

      (b) subsection (3)(a) of section 80C Finance Act 1986 (repurchases and stock lending),

      (c) subsections (1)(a), (2)(a) and (3)(a) of section 88A Finance Act 1986 (exceptions for intermediaries), and

      (d) subsection (3)(a) of section 89AA Finance Act 1986 (exceptions for repurchases and stock lending)

       after the words "an EEA exchange," insert "OFEX (UK)".'.


Coal mine methane
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC18

To move the following Clause:—

    '.—(1)   Section 62(8) of the Utilities Act 2000 (c. 27) is amended by inserting at the end of the definition of "renewable resources" the words "and coal mine methane".'.


Exemptions from stamp duty on the disposal of a substantial shareholding

   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC19

To move the following Clause:—

    '.—(1)   This section applies where a company ("the transferor company") disposes of shares or an interest in shares ("the transferred shares") in another company ("the second company").

    (2)   If the first, second and third conditions (as defined below) are fulfilled, stamp duty under Part I of Schedule 13 to the Finance Act 1999 (conveyance or transfer on sale) shall not be chargeable on an instrument executed for the purposes of or in connection with the transfer of the transferred shares.

    (3)   An instrument on which stamp duty is not chargeable by virtue only of subsection (2) above shall not be taken to be duly stamped unless it is stamped with the duty to which it would be liable but for that subsection or it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty.

    (4)   The first condition is that the transferor company satisfies the requirements relating to an investing company, and the second company satisfies the requirements relating to the company invested in, set out in Part 3 of Schedule 7AC to the Taxation of Chargeable Gains Act 1992 ("the 1992 Act").

    (5)   The second condition is that, were the disposal of the transferred shares to give rise to a gain, that gain would not be a chargeable gain by virtue of the terms of Schedule 7AC to the 1992 Act.

    (6)   The third condition is that the disposal is effected for bona fide commercial reasons and does not form part of a scheme or arrangement of which the main purpose, or one of the main purposes, is avoidance of liability to stamp duty, income tax, corporation tax or capital gains tax.

    (7)   This section applies to any instrument which is executed after the day this Act comes into force, unless it is executed in pursuance of an unconditional contract made on or before that day.'.


Road fuel duty and coaches
   

Mr Mark Hoban
Chris Grayling

NC22

To move the following Clause:—

    '—(1)   Section 9A(2) of the Hydrocarbon Oil Duties Act 1979 is amended by inserting after "bodies)", "or a coach operating a similar service to a public passenger transport service that has been granted a permit by the Secretary of State".

    (2)   Section 9A(3) of that Act is further amended by inserting at the end "'coach' means a vehicle with a minimum of twelve seats."

    (3)   Section 9A of that Act is further amended by adding at the end—

          "( )   Application for exemption pursuant to subsections (2) and (3) above shall be made in writing to the Secretary of State and the exemption shall apply from the date on which the permit is granted.".'.


Living accommodation provided for employee
   

Chris Grayling

NC24

To move the following Clause:—

    '.—(1)   Section 145 of the Income and Corporation Taxes Act 1988 (c. 1) is amended as follows.

    (2)   In subsection (4) insert—

      "(d) where employees working in a designated public service industry receive accommodation provided by their employers and can demonstrate that they have a permanent address elsewhere within the United Kingdom;".

    (3)   In subsection (8) at end add—

      "(c) the expression 'designated public service industry' includes the provision of public transport and other public carriage services, the provision of healthcare, the provision of education, and any other activity which the Secretary of State may by regulations made by statutory instrument so designate.".'.


No exemption for commercial exploitation within the United Kingdom
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC26

To move the following Clause:—

       '.—In section 19(5) of the Finance Act 2001 (c. 9) at end insert "and if the purposes for which the aggregate is commercially exploited are within the United Kingdom.".'.


Aggregates levy: adjustment of contracts
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC27

To move the following Clause:—

    '.—(1)   The Finance Act 2001 (c. 9) is amended as follows.

    (2)   In section 43(1)(a), after "quantity of aggregate" insert "or quantity of product containing aggregate."

    (3)   In section 43(1)(b), at end insert "or quantity of product containing aggregate,".

    (4)   In section 43(2)(a) insert "or

      (iii) indices for the price of aggregates".'.


Reduced rate of aggregates levy
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff

NC28

To move the following Clause:—

       '.—In subsection 4 of section 16 of the Finance Act 2001, for "£1.60" substitute "50p".'.


Life insurance: rate of tax on insurance company chargeable gains and treated as paid on policy gains (No. 2)
   

Mr Michael Howard
Mr John Bercow
Mr Howard Flight
Mr Christopher Chope
Mr Peter Luff
Mr Michael Jack

NC29

To move the following Clause:—

    '.—(1)   In subsection (3) of section 88A of the Finance Act 1989 (lower corporation tax rate on certain insurance company profits), after "as consists of income", insert "or gains".

    (2)   After subsection (3)(d) of that section, insert—

      "(e) chargeable gains."

    (3)   This section has effect from 1st April 2002.'.


Principal private residence exempt from IHT
   

Mr Mark Hoban

NC30

To move the following Clause:—

       '. After section 6(3) of the Inheritance Taxes Act 1984 (c. 51) insert—

      "(3A) A person's principal private residence is excluded property.".'.


Costs of residential care (No. 2)

   

Chris Grayling

NC32

To move the following Clause:—

    '.—(1)   The income for a year of assessment of an individual who in that year—

      (a) is in need of residential care,

      (b) receives such care, and

      (c) pays for it himself,

    shall, subject to subsection (2), be treated as reduced by 50 per cent. of the amount of the payment.

    (2)   The amount by which an individual's liability to income tax for a year of assessment is reduced under this section shall not exceed the amount by which it would be reduced if the higher rate of income tax for that year were the same as the basic rate.'.

 
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Prepared 25 Jun 2002