Finance Act 2022
2022 c. 3 · Enacted 24 February 2022 · Extends to United Kingdom
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: Income tax, corporation tax and capital gains tax
- Income tax charge, rates etc
- 1Income tax charge for tax year 2022-23
- 2Main rates of income tax for tax year 2022-23
- 3Default and savings rates of income tax for tax year 2022-23
- 4Increase in rates of tax on dividend income
- 5Freezing starting rate limit for savings for tax year 2022-23
- Banking surcharge
- 6Rate of surcharge and surcharge allowance
- Trading and property income
- 7Abolition of basis periods
- 8Profits of property businesses: late accounting date rules
- Pensions
- 9Liability of scheme administrator for annual allowance charge
- 10Increase of normal minimum pension age
- 11Public service pension schemes: rectification of unlawful discrimination
- Capital allowances
- 12Extension of temporary increase in annual investment allowance
- 13Structures and buildings allowances: allowance statements
- Reliefs for investments
- 14Qualifying asset holding companies
- 15Real Estate Investment Trusts
- Creative reliefs
- 16Film tax relief: films produced to be television programmes
- 17Temporary increase in theatre tax credit
- 18Theatrical productions tax relief
- 19Temporary increase in orchestra tax credit
- 20Orchestra tax relief
- 21Temporary increase in museums and galleries exhibition tax credit
- 22Museums and galleries exhibition tax relief
- Capital gains tax: disposals of UK land etc
- 23Returns for disposals of UK land etc
- International matters
- 24Cross-border group relief
- 25Tonnage tax
- 26Amendments of section 259GB of TIOPA 2010
- 27Application of section 124 of TIOPA 2010 in relation to diverted profits tax
- 28Diverted profits tax: closure notices etc
- Changes in accounting standards etc
- 29Insurance contracts: change in accounting standards
- 30Deductions allowance in connection with onerous or impaired leases
- Expanded dormant assets
- 31Provision in connection with the Dormant Assets Act 2022
- Part 2: Residential property developer tax
- Introduction
- 32Introduction
- Charge to tax
- 33Charge to RPDT
- Key concepts
- 34Meaning of “residential property developer”
- 35Meaning of “residential property development activities”
- 36Residential property development activities: “interest in land”
- 37Residential property development activities: “residential property”
- 38Meaning of “residential property developer profits or losses”
- Profits and losses
- 39Adjusted trading profits and losses
- 40Attributable joint venture profits and losses
- 41RPDT reliefs
- 42Restrictions on RPDT reliefs
- Allowance
- 43Allowance
- 44Allowance: joint venture companies
- Application of corporation tax provisions, management etc
- 45Application of corporation tax provisions and management of RPDT
- 46Requirement to provide information about payments
- 47Non-profit housing companies: exit charge
- Miscellaneous
- 48Groups
- 49Miscellaneous provision
- 50Interpretation etc
- Commencement and transitional provisions
- 51Commencement
- 52Anti-forestalling: accelerated profits
- Part 3: Economic crime (anti-money laundering) levy
- 53Economic crime (anti-money laundering) levy
- 54Charge to the levy
- 55UK revenue: amount
- 56Relevant accounting period
- 57UK revenue: determination
- 58Assessment, payment, collection and recovery
- 59Payments into Consolidated Fund
- 60Application to partnerships
- 61Collection of information
- 62Disclosure of information
- 63Power to make consequential provision
- 64Regulations
- 65Interpretation
- 66Commencement
- Part 4: Public interest business protection tax
- 67Public interest business protection tax
- Part 5: Other taxes
- Stamp duty and stamp duty reserve tax
- 68Securitisation companies and qualifying transformer vehicles
- Value added tax
- 69Interim operation of margin schemes for used cars etc: Northern Ireland
- 70Margin schemes and removal or export of goods: VAT-related payments
- 71Margin schemes and removal or export of goods: zero-rating
- 72Relief on the importation of dental prostheses
- Insurance premium tax
- 73Identifying where the risk is situated
- Import duty
- 74Transitioned trade remedies: decisions by Secretary of State
- 75Reference documents: amount of import duty
- Fuel duties
- 76Restriction of use of rebated diesel and biofuels
- Tobacco products duty
- 77Rates of tobacco products duty
- Vehicle taxes
- 78Rates for light passenger or light goods vehicles, motorcycles etc
- 79Vehicle excise duty: exemption for certain cabotage operations
- 80HGV road user levy: extension of suspension
- Gaming duty
- 81Amounts of gross gaming yield charged to gaming duty
- Penalties relating to excise duty
- 82Excise duty: penalties
- Environmental taxes
- 83Rates of landfill tax
- 84Plastic packaging tax
- Part 6: Miscellaneous and final
- Avoidance
- 85Winding-up petitions by an officer of Revenue and Customs
- 86Publication by HMRC of information about tax avoidance schemes
- 87Freezing orders: England and Wales
- 88Warrants for diligence on the dependence: Scotland
- 89Freezing injunctions: Northern Ireland
- 90Sections 87, 88 and 89: interpretation etc
- 91Penalties for facilitating avoidance schemes involving non-resident promoters
- 92Electronic sales suppression penalties
- 93Tobacco products: tracing and security
- Free zones and freeports
- 94Treatment of goods in free zones
- 95Freeport tax site reliefs: provision about regulations
- Uncertain tax treatment
- 96Large businesses: notification of uncertain tax treatment
- Discovery assesments etc
- 97Discovery assessments for unassessed income tax or capital gains tax
- 98Notification of liability to income tax and capital gains tax
- 99Calculation of income tax liability for certain charges relating to pensions
- Temporary powers in disaster or emergency
- 100Power to make temporary modifications of taxation of employment income
- Emissions certificates for vehicles
- 101Vehicle CO2 emissions certificates
- ...
- 102Increase in membership of the Office of Tax Simplification Repealed
- Final
- 103Interpretation
- 104Short title
- Schedule 1: Abolition of basis periods
- Part 1: Main amendments of ITTOIA 2005
- 1Paragraph 1
- 2Chapter 2 (income taxed as trade profits)
- 3Chapter 2 (income taxed as trade profits)
- 4Chapter 3A (trade profits: cash basis)
- 5Chapter 3A (trade profits: cash basis)
- 6Chapter 3A (trade profits: cash basis) Repealed
- 7Chapter 3A (trade profits: cash basis)
- 8Chapter 15 (basis periods)
- Part 2: Other amendments of ITTOIA 2005
- 9Paragraph 9
- 10Part 2 (trading income)
- 11Part 2 (trading income)
- 12Part 2 (trading income)
- 13Part 2 (trading income)
- 14Part 2 (trading income)
- 15Part 2 (trading income)
- 16Part 2 (trading income)
- 17Part 2 (trading income)
- 18Part 2 (trading income)
- 19Part 2 (trading income)
- 20Part 5 (miscellaneous income)
- 21Part 6A (income charged under ITTOIA 2005: trading and property allowances)
- 22Part 7 (rent-a-room and qualifying care relief)
- 23Part 7 (rent-a-room and qualifying care relief)
- 24Part 7 (rent-a-room and qualifying care relief)
- 25Part 9 (partnerships)
- 26Part 9 (partnerships)
- 27Part 9 (partnerships)
- 28Part 10 (general provisions)
- 29Schedule (abbreviations and defined expressions)
- Part 3: Amendments of other Acts
- 30Taxes Management Act 1970
- 31Taxes Management Act 1970
- 32Taxes Management Act 1970
- 33Capital Allowances Act 2001
- 34Capital Allowances Act 2001
- 35Capital Allowances Act 2001
- 36Capital Allowances Act 2001
- 37Capital Allowances Act 2001
- 38Income Tax Act 2007
- 39Income Tax Act 2007
- 40Income Tax Act 2007
- 41Income Tax Act 2007
- 42Income Tax Act 2007
- 43Income Tax Act 2007
- 44Income Tax Act 2007
- 45Income Tax Act 2007
- 46Income Tax Act 2007
- 47Income Tax Act 2007
- 48Income Tax Act 2007
- 49Income Tax Act 2007
- 50Income Tax Act 2007
- 51Income Tax Act 2007
- 52Income Tax Act 2007
- 53Income Tax Act 2007
- 54Income Tax Act 2007
- 55Income Tax Act 2007
- 56Income Tax Act 2007
- 57Income Tax Act 2007
- 58Income Tax Act 2007
- 59Income Tax Act 2007
- 60Taxation (International and Other Provisions) Act 2010
- Part 4: Commencement
- 61Paragraph 61
- Part 5: Transitional provision: new trades etc
- 62Application of this Part of this Schedule
- 63Basis period for the tax year 2023-24
- Part 6: Transitional provision: continuing trades etc
- 64Application of this Part of this Schedule
- 65Basis period for tax year 2023-24
- 66Relevant maximum for purposes of cash basis election
- 67Late accounting date rules
- 68Deductions for overlap profit allowed under this Part of this Schedule
- 69Trade profits if there is no transition part of the basis period for the tax year 2023-24
- 70Trade profits if there is a transition part of the basis period for the tax year 2023-24
- 71Treatment of losses arising from deduction for overlap profit
- 72Spreading of transition profits
- 73Election to accelerate charge
- 74Transition profits ignored in averaging of profits of farmers and creative artists
- 75Calculation of income tax liability on amount of transition profits
- 76Other modifications
- Part 7: Transitional provision: notional businesses
- 77Application of this Part of this Schedule
- 78Basis period for tax year 2023-24
- 79Deductions for overlap profit allowed under this Part of this Schedule
- 80Deducted overlap profits in excess of other profits of tax year 2023-24
- Schedule 2: Qualifying asset holding companies
- Part 1: Introduction and conditions for being a QAHC
- 1Introduction
- 2Conditions for being a qualifying asset holding company
- 3Ownership condition
- 4Only direct and certain indirect interests to constitute “relevant interests”
- 5Determining relevant interests
- 6Determining relevant interests: transparent entities
- 7References to voting power
- 8Category A investors
- 9Qualifying funds
- 10Relevant qualifying investors
- 11Intermediate company
- 12Requirement of QAHC to monitor compliance with ownership condition
- 13Activity condition and investment strategy condition
- Part 2: Becoming a QAHC
- 14Entry notification
- 15Entry into regime
- 16Ownership condition treated as met for initial period
- 17Corporation tax consequences of becoming a QAHC
- 18Application of paragraph 17(2) to formerly non-resident companies
- 19Adjustment of gains to avoid double charge
- 20Ring fencing of QAHC business
- 21Disapplication of Part 7ZA of CTA 2010
- 22Assets entering and leaving the ring fence
- 23Adjustment of gains to avoid double charge on assets crossing the ringfence
- 24Information to be provided for accounting periods
- Part 3: Ceasing to be a QAHC
- 25Exit notification
- 26Requirement to notify when conditions no longer met
- 27Curing of certain breaches
- 28Wind-down period
- 29Exiting the regime
- 30Timings of transactions that lead to breach of ownership condition
- 31Corporation tax consequences of ceasing to be a QAHC
- 32Certain interest payments made around exit to be treated as made by a QAHC
- Part 4: Groups
- 33Acquisition of assets into and out of QAHC ring fence business from other member of group
- 34Continuity of substantial shareholdings between group members
- 35... Repealed
- 36Gain or loss arising where section 179 of TCGA 1992 applies in relation to transfer of assets
- Part 5: Close companies, exchange gains and basis of accounting
- 37Non-close QAHCs treated as close companies for certain purposes
- 38Exchange gains
- 39Amortised cost basis not required for certain connected companies relationships
- Part 6: Transfer pricing and corporate interest restriction rules
- 40Transfer pricing: participation condition always met for investors in a QAHC etc
- 41Transfer pricing: no small and medium-sized enterprise exemption
- 42Application of corporate interest restriction rules (non-consolidation of certain subsidiaries)
- 43Application of corporate interest restriction rules (consolidation of QAHC stacks)
- Part 7: Treatment of certain amounts payable by a QAHC
- 44Treatment of certain distributions
- 45Application of hybrid and other mismatches rules where paragraph 44 applies
- 46Payments of distributions etc to individual to whom the remittance basis applied or who makes a foreign income or gain claim
- 47Purchase of own shares
- 48Disapplication of paragraph 47 during cure period for certain non-category A investors
- 49Transactions in securities rules
- 50Late interest
- 51Deeply discounted securities
- Part 8: Overseas property income
- 52Overseas property income of a QAHC
- Part 9: Disposals of overseas land and certain shares
- 53No chargeable gain on disposal of overseas land or certain shares
- Part 10: Stamp duty and stamp duty reserve tax
- 54Stamp duty and SDRT exemption for repurchase of own shares or loan capital
- Part 11: Exemption from section 874 of ITA 2007 (withholding tax)
- 55Paragraph 55
- Part 12: Supplementary
- 56Minor and consequential amendments
- 57Making of notifications and returns
- 58Interpretation
- 59Alternative finance arrangements
- Schedule 3: Real Estate Investment Trusts
- 1Paragraph 1
- 2Conditions for companies in relation to UK REITs
- 3Requirements for financial statements
- 4Balance of business test
- 5Holders of excessive rights
- 6Application and commencement
- Schedule 4: Cross-border group relief
- Part 1: Consequential amendments
- 1CTA 2010
- 2FA 2013
- 3Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689)
- Part 2: Commencement
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 5: Insurance contracts: change in accounting standards
- Part 1: Power to make provision in connection with IFRS 17
- 1Paragraph 1
- Part 2: Amendments in connection with IFRS 17
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 6: Dormant assets
- 1Amendment to TCGA 1992
- 2Amendment to FA 2008
- 3Amendments to the Income Tax (Deposit-takers and Building Societies) (Interest Payments) Regulations 2008 (S.I. 2008/2682)
- 4Exemption for reclaim amounts in respect of individual investment plans
- 5Power to make provision for the purposes of the Income Tax Acts and TCGA 1992 in relation to dormant assets
- 6Commencement
- Schedule 7: RPDT reliefs
- Part 1: RPDT loss relief
- 1Introduction
- 2Carry forward of a trading loss to next accounting period
- 3Carry forward of trading losses to subsequent accounting periods
- Part 2: RPDT group relief
- 4Introduction
- 5Introduction
- 6Introduction
- 7Surrender of company’s losses for an accounting period
- 8Claims for RPDT group relief
- 9Giving of RPDT group relief
- 10Limitation on amount of RPDT group relief to be given
- 11Arrangements for transfer of companies
- Part 3: RPDT group relief for carried-forward losses
- 12Introduction
- 13Introduction
- 14Introduction
- 15Surrender of company’s carried-forward losses for an accounting period
- 16Claims for RPDT group relief for carried-forward losses
- 17Giving of RPDT group relief for carried-forward losses
- 18Limitation on amount of group relief for carried-forward losses to be given
- Part 4: Supplementary provision
- 19Payments for relief
- 20Change in company ownership
- 21Meaning of “relief group”
- 22Meaning of “adjusted trading loss”
- Schedule 8: Management of RPDT
- 1Amendments of TMA 1970
- 2Amendments of FA 1998
- Schedule 9: Miscellaneous provision
- 1Residential property developer tax to be ignored for corporation tax purposes
- 2Payments made for RPDT reliefs to be ignored for corporation tax purposes
- 3Provision made or imposed between RPD activities and other activities of the same company
- 4Provision made or imposed between an RP developer and another person under the same control
- Schedule 10: Public interest business protection tax
- Part 1: Charge
- 1Charge on value of assets held for qualifying purposes
- 2Meaning of “public interest business” and “special measures”
- 3Adjusted value of assets
- Part 2: Joint and several liability
- 4Liability of associated companies
- 5Joint and several liability of connected persons and others who may benefit
- 6Qualifying interests in company, partnership or unincorporated association
- 7Claim for relief
- Part 3: Administration
- 8Requirement to file return and pay tax chargeable under paragraph 1
- 9Notice to file return in respect of joint and several liability under paragraph 4 or 5
- 10Time limits in relation to assessment under paragraph 9
- 11Amendments and corrections of return
- 12HMRC to determine tax where no return made in time
- 13Enquiry into return
- 14Completion of enquiry
- 15Amendment of return by taxpayer during enquiry
- 16Amendment of return during enquiry by HMRC to prevent loss of tax
- 17Date by which payment to be made after amendment or correction of self-assessment
- 18Discovery assessment
- 19Assessment procedure
- 20Time limits for assessments
- 21Appeals
- 22Duty to preserve records
- 23Collection and recovery
- 24Overpaid tax
- 25Claims under this Schedule
- 26Penalty for failure to submit return
- 27Penalties for errors
- 28Failure to pay public interest business protection tax on time
- 29Interest
- 30Application of information, inspection and data-gathering powers
- 31Documents
- 32Disclosures to persons who are joint and severally liable to tax
- 33Application of public interest business protection tax to partnerships and trusts
- 34Territorial application of tax
- 35Power to provide for reliefs etc
- Part 4: Supplementary
- 36Anti-avoidance
- 37No deduction for public interest business protection tax
- 38Information sharing
- 39Application of the Provisional Collection of Taxes Act 1968
- 40Power to apply, disapply or modify provisions of relevant tax legislation
- 41Regulations
- 42Interpretation of Schedule
- 43Commencement and expiry
- Schedule 11: Restriction of use of rebated diesel and biofuels
- Part 1: Amendments to HODA 1979
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Amendments to FA 2021
- 10Paragraph 10
- Schedule 12: Plastic packaging tax
- 1Paragraph 1
- 2No charge for persons below de minimis
- 3Time of importation
- 4Reliefs for persons enjoying certain immunities and privileges
- 5Records
- 6Groups
- 7Secondary liability and assessment notices etc: acting in the course of a related business
- Schedule 13: Penalties for facilitating avoidance schemes involving non-resident promoters
- 1Liability to penalty
- 2Amount of penalty
- 3Procedure for assessing penalty etc
- 4Appeals
- 5Application of provisions of TMA 1970
- 6Application of information and inspection powers
- 7Application
- 8Interpretation
- Schedule 14: Electronic sales suppression
- Part 1: Introductory
- 1Meaning of “electronic sales suppression tool” etc
- Part 2: Liability to a penalty
- 2Penalty for making an electronic sales suppression tool
- 3Penalty for supplying an electronic sales suppression tool
- 4Penalty for promoting use of a tool to suppress an electronic sales record
- 5Amount of a penalty under paragraph 2, 3 or 4
- 6Penalty for possession etc of an electronic sales suppression tool
- 7Daily default penalties
- Part 3: Supplementary provision
- 8Legitimate activity
- 9Double jeopardy
- 10Special reduction
- 11Assessment
- 12Appeal
- 13Enforcement
- 14Application of provisions of TMA 1970
- 15Power to change amount of penalty
- 16Interpretation
- Part 4: Information
- 17Application of Schedule 36 to FA 2008 (information and inspection powers)
- 18General modifications of Schedule 36 to FA 2008 as applied
- 19Specific modifications of Schedule 36 to FA 2008 as applied
- Schedule 15: Treatment of goods in free zones
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 16: Freeport tax site reliefs: provision about regulations
- Part 1: First-year allowance for plant and machinery
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: Structures and buildings allowances
- 5Paragraph 5
- Part 3: Stamp duty land tax
- 6Paragraph 6
- Schedule 17: Large businesses: notification of uncertain tax treatment
- Part 1: Key definitions
- 1Paragraph 1
- 2“Company” and “qualifying company”
- 3“Group”
- 4“Partnership” and “qualifying partnership”
- 5“Relevant tax” and “relevant return”
- 6“Financial year”
- 7“Turnover” and “balance sheet total”
- Part 2: Requirement to notify HMRC of uncertain tax treatment
- 8Requirement to notify
- 9Deadline for notification
- 10Uncertain tax treatment
- 11Threshold test
- 12“Tax advantage” in relation to income tax or corporation tax
- 13“Tax advantage” in relation to VAT
- 14Value of a tax advantage
- 15The “expected amount”
- 16Relevant period
- 17Related amounts
- 18General exemption
- 19Exemption for certain group transactions
- Part 3: Penalties
- 20Penalty for non-compliance with paragraph 8
- 21First, second and further failures
- 22Reasonable excuse
- 23Assessment of penalties
- 24Appeal
- 25Enforcement
- 26Power to change amount of penalty
- 27“Tribunal”
- Part 4: Supplementary
- 28Regulations
- 29Application of provisions of TMA 1970
- 30Interpretation
- Part 5: Consequential Amendments
- 31Paragraph 31
- 32Paragraph 32
- Part 6: Commencement
- 33Paragraph 33
- Schedule 18: Vehicle CO2 emissions certificates
- Part 1: Amendments of CAA 2001
- 1Paragraph 1
- Part 2: Amendments of ITEPA 2003
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 3: Amendments of VERA 1994
- 8Paragraph 8
- Part 4: Power to make consequential provision
- 9Paragraph 9