Finance Act 2005
2005 c. 7 · Enacted 7 April 2005 · Extends to United Kingdom
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.
[7th April 2005]
Most Gracious Sovereign
We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Excise duties
- Tobacco products duty
- 1Rates of tobacco products duty
- Alcoholic liquor duties
- 2Rate of duty on beer
- 3Rates of duty on wine and made-wine
- Hydrocarbon oil etc duties
- 4Consolidation of current rates of hydrocarbon oil duties etc.
- 5Rates of hydrocarbon oil duties etc. from 1st September 2005
- Gaming duty
- 6Rates of gaming duty
- Vehicle excise duty
- 7Rates
- Part 2: Income tax, corporation tax and capital gains tax
- Chapter 1: Income tax and corporation tax charge and rate bands
- Income tax
- 8Charge and rates for 2005-06 Repealed
- 9Personal allowances for those aged 65 or more Repealed
- Corporation tax
- 10Charge and main rate for financial year 2006
- 11Small companies' rate and fraction for financial year 2005 Repealed
- 12Corporation tax starting rate and fraction for financial year 2005
- 13Non-corporate distribution rate for financial year 2005
- Trusts
- 14Special trust rates not to apply to first slice of trust income Repealed
- Chapter 2: Personal taxation
- Taxable benefits
- 15Childcare vouchers: exempt amount
- 16Extension of exemptions for childcare, workplace parking, cycles etc
- 17Transfer of previously loaned computer or cycle etc
- 18Extension of outplacement services etc exemption: part-time employees
- Armed forces
- 19Armed forces pensions and compensation schemes
- Chapter 3: Employment-related securities
- 20Research institution spin-out companies
- 21Research institution spin-out companies: pre-2nd December 2004 cases
- 22Capital gains
- Chapter 4: Trusts with vulnerable beneficiary
- Introductory
- 23Introduction
- 24Entitlement to make claim for special tax treatment
- Income tax
- 25Qualifying trusts income: special income tax treatment
- 26Amount of relief
- 27Trustees' liability: TQTI
- 28Vulnerable person's liability: VQTI
- 28ADisapplication of section 629 of ITTOIA 2005
- 29Part years
- Capital gains tax
- 30Qualifying trusts gains: special capital gains tax treatment
- 31UK resident vulnerable persons: amount of relief
- 32Non-UK resident vulnerable persons: amount of relief
- 33Vulnerable person's liability: VQTG Repealed
- Qualifying trusts
- 34Disabled persons
- 35Relevant minors
- 36Parts of assets
- Vulnerable persons
- 37Vulnerable person election
- 38Meaning of “disabled person”
- 39Meaning of “relevant minor”
- Miscellaneous and supplementary
- 40Power to make enquiries
- 41Interpretation etc.
- 42Application in relation to Scotland
- 43Penalties under TMA 1970
- 44Consequential amendments
- 45Commencement
- Chapter 5: Alternative finance arrangements
- Introductory
- 46Alternative finance arrangements Repealed
- Arrangements giving rise to alternative finance return
- 47Alternative finance arrangements: purchase and re-sale Repealed
- 47AAlternative finance arrangements: diminishing shared ownership Repealed
- 48Arrangements within section 47: foreign currency and non-residents Repealed
- 48AAlternative finance arrangements: alternative finance investment bond: introduction Repealed
- 48BAlternative finance arrangements: alternative finance investment bond: effects Repealed
- Arrangements giving rise to profit share return
- 49Alternative finance arrangements: deposit Repealed
- 49AAlternative finance arrangements: profit share agency Repealed
- Treatment of alternative finance arrangements
- 50Treatment of alternative finance arrangements: companies Repealed
- 51Treatment of alternative finance arrangements: persons other than companies Repealed
- 51ADiscount Repealed
- 52Provision not at arm's length Repealed
- 53Treatment of section 47 , 47A or 48A arrangements: sale and purchase of asset Repealed
- 54Return not to be treated as distribution Repealed
- 54ATreatment of section 47, 49 and 49A arrangements as loans: Community Investment Tax Relief Repealed
- Supplementary
- 55Further provisions Repealed
- 56Application of Chapter Repealed
- 57Interpretation of Chapter Repealed
- Chapter 6: Film relief
- Tax relief for limited-budget films
- 58Relief for production and acquisition expenditure on limited-budget films Repealed
- Restrictions on relief
- 59Restrictions on relief for production and acquisition expenditure Repealed
- Deferred income agreements
- 60Deferred income agreements which exist when relief claimed Repealed
- 61Meaning of “deferred income agreement in respect of a film” Repealed
- 62Deferred income agreements entered into after relief claimed Repealed
- 63Sections 60 to 62: supplementary Repealed
- 64Transitional provision for years of assessment before the year 2005-06 Repealed
- 65Corresponding provision in ITTOIA 2005 Repealed
- Companies benefited by film relief: exit charges
- 66When a chargeable event occurs Repealed
- 67Consequences of a chargeable event: exit event X or Y Repealed
- 68Exit event Z: a relevant disposal at an undervalue Repealed
- 69Consequences of a chargeable event: exit event Z Repealed
- 70Valuation of the “rights to guaranteed income” and “disposed rights” Repealed
- 71Meaning of “company” and related terms Repealed
- Chapter 7: Avoidance involving partnership
- Partners: restrictions on relief
- 72Removal of restrictions on interest relief Repealed
- 73Meaning of “contribution to the trade” Repealed
- Partners: recovery of excess relief
- 74Recovery of excess relief given under section 380 or 381 of ICTA Repealed
- 75Computing the chargeable amount Repealed
- 76Meaning of “relevant loss” Repealed
- 77Transitional provision for years of assessment before the year 2005-06 Repealed
- 78Consequential amendments Repealed
- Partners benefited by film relief
- 79Meaning of “capital contribution to the trade” Repealed
- Chapter 8: Accounting practice and related matters
- 80Accounting practice and related matters
- 81Computation of profits: change of accounting basis Repealed
- 82Change of accounting practice: deferment of transitional adjustments
- 83Application of accounting standards to securitisation companies
- 84Taxation of securitisation companies Repealed
- Chapter 9: International matters
- Double taxation relief: general
- 85Dividends by reference to which a deduction is allowed: no underlying tax Repealed
- Double taxation relief: restrictions
- 86Limits on credit: income tax and corporation tax: trading profits
- 87Schemes and arrangements designed to increase relief Repealed
- 88Self-assessment amendments
- Controlled foreign companies
- 89ADP dividends and double taxation relief Repealed
- 90Foreign taxation of group as single entity: exclusion of ADP CFCs Repealed
- Annual payments and double taxation relief
- 91Tax avoidance involving annual payments and double taxation relief
- Chapter 10: Miscellaneous
- Capital allowances
- 92Capital allowances: renovation of business premises in disadvantaged areas
- Tonnage tax
- 93Tonnage tax
- Part 3: Stamp taxes
- Stamp duty land tax
- 94Alternative property finance
- Stamp duty land tax and stamp duty
- 95Raising of thresholds Repealed
- 96Removal of disadvantaged areas relief for non-residential property Repealed
- Stamp duty and stamp duty reserve tax
- 97Demutualisation of insurance companies
- Part 4: Other taxes
- Inheritance tax
- 98Rates and rate bands for the next three years
- Landfill tax
- 99Rate of landfill tax
- Lorry road-user charge
- 100Lorry road-user charge
- Part 5: Pensions etc
- 101Pension schemes etc.
- 102Pension Protection Fund etc.
- Part 6: Miscellaneous
- 103Civil partnerships etc
- Part 7: Supplementary provisions
- 104Repeals
- 105Interpretation
- 106Short title
- Schedule 1: Non-UK resident vulnerable persons: interpretation
- Vulnerable person's actual income
- 1Paragraph 1 Repealed
- Trustees' specially taxed income
- 2Paragraph 2 Repealed
- Vulnerable person's deemed CGT taxable amount
- 3Paragraph 3
- Vulnerable person's notional section 77 gains
- 4Paragraph 4 Repealed
- Actual gains and actual losses
- 5Paragraph 5
- Assumed gains and assumed losses
- 6Paragraph 6
- Relevant assumptions
- 7Paragraph 7
- Schedule 1A: Meaning of “disabled person”
- “Disabled person”
- 1Paragraph 1
- Attendance allowance
- 2Paragraph 2
- Disability assistance for older people
- 2AParagraph 2A
- Disability living allowance
- 3Paragraph 3
- Disability assistance for children and young people
- 3AParagraph 3A
- Scottish adult disability living allowance
- 3BParagraph 3B
- Personal independence payment
- 4Paragraph 4
- Disability assistance for working age people
- 4AParagraph 4A
- Increased disablement pension
- 5Paragraph 5
- Constant attendance allowance
- 6Paragraph 6
- Armed forces independence payment
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- Schedule 2: Alternative finance arrangements: further provisions
- Interpretation of Schedule
- 1Paragraph 1 Repealed
- Taxes Management Act 1970 (c. 9)
- 2Paragraph 2 Repealed
- Income and Corporation Taxes Act 1988 (c. 1)
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Finance Act 1996 (c. 8)
- 9Paragraph 9 Repealed
- Income Tax (Trading and Other Income) Act 2005 (c. 5)
- 10Paragraph 10 Repealed
- Income Tax Act 2007
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- Schedule 3: Films: restrictions on relief for production and acquisition expenditure Repealed
- Part 1: Restrictions on circumstances in which relief may be obtained Repealed
- Section 42 of the Finance (No.2) Act 1992 (c. 48) Repealed
- 1Paragraph 1 Repealed
- Section 101 of the Finance Act 2002 (c. 23) Repealed
- 2Paragraph 2 Repealed
- Section 138 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 3Paragraph 3 Repealed
- Section 139 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 4Paragraph 4 Repealed
- Section 140 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 5Paragraph 5 Repealed
- Meaning of “disqualifying deduction” Repealed
- 6Paragraph 6 Repealed
- Transitional provision for films in production Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Part 2: Restrictions on amount of relief which may be obtained Repealed
- Section 42 of the Finance (No.2) Act 1992 (c. 48) Repealed
- 9Paragraph 9 Repealed
- Section 48 of the Finance (No.2) Act 1997 (c. 58) Repealed
- 10Paragraph 10 Repealed
- Section 138 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 11Paragraph 11 Repealed
- Section 138A of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 12Paragraph 12 Repealed
- Section 139 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 13Paragraph 13 Repealed
- Section 140 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 14Paragraph 14 Repealed
- Section 141 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 15Paragraph 15 Repealed
- Section 142 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 16Paragraph 16 Repealed
- Part 3: Minor and consequential amendments Repealed
- Income and Corporation Taxes Act 1988 (c. 1) Repealed
- 17Paragraph 17 Repealed
- Finance (No.2) Act 1992 (c. 48) Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- Finance Act 1997 (c. 16) Repealed
- 25Paragraph 25 Repealed
- Finance (No. 2) Act 1997 (c. 58) Repealed
- 26Paragraph 26 Repealed
- Capital Allowances Act 2001 (c. 2) Repealed
- 27Paragraph 27 Repealed
- Finance Act 2002 (c. 23) Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- Income Tax (Trading and Other Income) Act 2005 (c. 5) Repealed
- 30Paragraph 30 Repealed
- Commencement of Part 3 amendments Repealed
- 31Paragraph 31 Repealed
- Part 4: Interpretation Repealed
- Meaning of “pre-announcement expenditure” Repealed
- 32Paragraph 32 Repealed
- Meaning of film “in production” Repealed
- 33Paragraph 33 Repealed
- Meaning of “film” and “original master version” Repealed
- 34Paragraph 34 Repealed
- Schedule 4: Accounting practice and related matters
- Part 1: Bad debts and related matters
- ICTA
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- FA 1996
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- FA 1997
- 18Paragraph 18 Repealed
- Schedule 26 to FA 2002
- 19Paragraph 19 Repealed
- Schedule 29 to FA 2002
- 20Paragraph 20 Repealed
- Part 2: Other provisions connected with accounting practice
- ICTA
- 21Paragraph 21
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24
- 25Paragraph 25
- FA 1996
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- FA 1997
- 32Paragraph 32
- CAA 2001
- 33Paragraph 33
- Schedule 26 to FA 2002
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- Schedule 29 to FA 2002
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46 Repealed
- 47Paragraph 47 Repealed
- ITEPA 2003
- 48Paragraph 48
- FA 2004
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- Power to make certain regulations with limited retrospective effect
- 52Paragraph 52 Repealed
- Schedule 5: Section 804ZA: prescribed schemes and arrangements Repealed
- Paragraph Repealed
- Schedule 6: Capital allowances: renovation of business premises in disadvantaged areas
- Part 1: New Part 3A of the Capital Allowances Act 2001
- 1Paragraph 1
- Part 2: Consequential amendments
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 7: Tonnage tax
- Part 1: Amendments of Schedule 22 to FA 2000
- Introduction
- 1Paragraph 1
- Period for which election is in force
- 2Paragraph 2
- Withdrawal notices
- 3Paragraph 3
- Qualifying ships
- 4Paragraph 4
- Vessels excluded from being qualifying ships
- 5Paragraph 5
- Qualifying dredgers and tugs
- 6Paragraph 6
- Effect of change of use
- 7Paragraph 7
- Flagging: rule for ships other than dredgers and tugs
- 8Paragraph 8
- Flagging: rules for dredgers and tugs
- 9Paragraph 9
- Flagging: restrictions where dredger or tug ceases to be qualifying ship under paragraph 22E
- 10Paragraph 10
- Requirement to prove compliance with safety etc standards
- 11Paragraph 11
- The ring fence: capital allowances: general: introduction
- 12Paragraph 12
- The ring fence: capital allowances: exit: plant and machinery
- 13Paragraph 13
- The ring fence: capital allowances: ship leasing: sale and lease-back arrangements
- 14Paragraph 14
- Meaning of “offshore activities”
- 15Paragraph 15
- Vessels to which the special rules for offshore activities do not apply
- 16Paragraph 16
- Index of defined expressions
- 17Paragraph 17
- Part 2: Commencement and transitional provision
- Commencement
- 18Paragraph 18
- Transitional provision: qualifying activities
- 19Paragraph 19
- Transitional provision: flagging: order designating financial year 2005
- 20Paragraph 20
- Transitional provision: flagging
- 21Paragraph 21
- Schedule 8: Stamp duty land tax: alternative property finance
- Introduction
- 1Paragraph 1
- Alternative property finance: England and Wales and Northern Ireland
- 2Paragraph 2
- Alternative property finance: Scotland
- 3Paragraph 3
- 4Paragraph 4
- Consequential amendments
- 5Paragraph 5
- 6Paragraph 6
- Commencement
- 7Paragraph 7
- Schedule 9: Stamp duty land tax and stamp duty: removal of disadvantaged areas relief for non-residential property
- Stamp duty land tax
- 1Paragraph 1 Repealed
- Stamp duty
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Commencement and transitional provisions
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Schedule 10: Pension schemes etc.
- Introduction
- 1Paragraph 1
- Deferred annuities
- 2Paragraph 2
- Orders for return of unauthorised payments
- 3Paragraph 3
- 4Paragraph 4
- Unauthorised member payments
- 5Paragraph 5
- Unauthorised payments: loans to person connected with member or sponsoring employer
- 6Paragraph 6
- Abatement of public service pensions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Scheme pensions
- 11Paragraph 11
- 12Paragraph 12
- Annuities
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Unsecured pension funds and alternatively secured pension funds
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20 Repealed
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23 Repealed
- 24Paragraph 24
- 25Paragraph 25
- Meaning of “dependant”
- 26Paragraph 26
- Dependants' scheme pensions
- 27Paragraph 27
- 28Paragraph 28
- Lifetime annuities and dependants' annuities purchased together
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32 Repealed
- 33Paragraph 33
- Pension commencement lump sums
- 34Paragraph 34
- 35Paragraph 35
- Recognised transfers
- 36Paragraph 36
- Assignment
- 37Paragraph 37
- Surrender and allocation of rights etc.
- 38Paragraph 38
- Restriction of employers' relief in respect of contributions
- 39Paragraph 39
- 40Paragraph 40
- Lifetime allowance: reduction of rights in respect of tax paid
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Lifetime allowance: minor amendment
- 44Paragraph 44 Repealed
- Lifetime allowance: pension credits
- 45Paragraph 45
- Migrant member relief
- 46Paragraph 46
- Information
- 47Paragraph 47
- Electronic payment
- 48Paragraph 48
- Insurance company liable as scheme administrator
- 49Paragraph 49
- Power to split schemes
- 50Paragraph 50
- Power to modify rules of existing schemes
- 51Paragraph 51
- Primary and enhanced protection: valuation of uncrystallised rights
- 52Paragraph 52
- Enhanced protection
- 53Paragraph 53
- Transitional provisions: persons who may take benefits before normal minimum pension age
- 54Paragraph 54
- Transitional provisions: block transfers
- 55Paragraph 55
- Transitional provisions: lump sums before normal minimum pension age
- 56Paragraph 56
- Transitional provisions: lump sums exceeding 25% of uncrystallised rights
- 57Paragraph 57
- Transitional provisions: inheritance tax
- 58Paragraph 58
- Trivial commutation and winding-up lump sums
- 59Paragraph 59
- Application of PAYE to annuities etc.
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- House of Commons Members' Fund
- 63Paragraph 63
- Commencement
- 64Paragraph 64
- Schedule 11: Repeals
- 1Excise duties
- 2Income tax, corporation tax and capital gains tax
- 3Stamp taxes
- 4Pensions etc