Finance (No. 2) Act 2005
2005 c. 22 · Enacted 20 July 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.
[20th July 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: Value added tax
- 1Goods subject to warehousing regime: place of acquisition or supply
- 2Cars: determination of consideration for fuel supplied for private use
- 3Credit for, or repayment of, overstated or overpaid VAT
- 4Section 3: consequential and supplementary provision
- 5Reverse charge: gas and electricity valuation
- 6Disclosure of value added tax avoidance schemes
- Part 2: Income tax, corporation tax and capital gains tax
- Chapter 1: Personal taxation
- Social security pension lump sums
- 7Charge to income tax on lump sum
- 8Meaning of “applicable year of assessment” in section 7
- 9Interpretation and commencement
- 10Consequential amendments
- Gift aid
- 11Donations to charity by individuals Repealed
- Employee securities
- 12Employee securities: anti-avoidance
- Chapter 2: Scientific research organisations
- 13Corporation tax exemption for organisations Repealed
- 14Income tax deduction for payments to organisations
- 15Corporation tax deduction for payments to organisations
- Chapter 3: Authorised investment funds etc
- 16Open-ended investment companies Repealed
- 17Authorised unit trusts and open-ended investment companies
- 18Section 17(3): specific powers
- 19Section 17: commencement and procedure
- 20Unauthorised unit trusts: chargeable gains
- 21Unit trusts: treatment of accumulation units
- 22Section 349B ICTA: exemption for distributions to PEP/ISA managers
- 23Offshore funds Repealed
- Chapter 4: Avoidance involving tax arbitrage
- 24Deduction cases Repealed
- 25Rules relating to deductions Repealed
- 26Receipts cases Repealed
- 27Rule as to qualifying payment Repealed
- 28Notices under sections 24 and 26 Repealed
- 29Amendments relating to company tax returns Repealed
- 30Interpretation Repealed
- 31Commencement Repealed
- Chapter 5: Chargeable gains
- Residence, location of assets etc
- 32Temporary non-residents
- 33Trustees both resident and non-resident in a year of assessment
- 34Location of assets etc
- Miscellaneous
- 35Exercise of options etc
- 36Notional transfers within a group Repealed
- Chapter 6: Miscellaneous
- Accounting practice and related matters
- 37Accounting practice and related matters
- Financial avoidance etc
- 38Charges on income for the purposes of corporation tax
- 39Avoidance involving financial arrangements
- Financing of companies etc
- 40Transfer pricing and loan relationships
- Intangible fixed assets
- 41Intangible fixed assets Repealed
- Insurance companies etc
- 42Insurance companies etc
- International matters
- 43Implementation of the amended Parent/Subsidiary Directive Repealed
- 44Territories with a lower level of taxation: reduction of amount of local tax
- Miscellaneous
- 45Lloyd's underwriters: assessment and collection of tax
- 46Energy Act 2004 and Health Protection Agency Act 2004
- Part 3: Stamp taxes
- Stamp duty land tax
- 47E-conveyancing
- 48Disclosure of information contained in land transaction returns
- 49Miscellaneous amendments
- Stamp duty and stamp duty reserve tax
- 50Power to extend exceptions relating to recognised exchanges Repealed
- Part 4: European company statute
- 51Chargeable gains
- 52Intangible fixed assets
- 53Intangible fixed assets: permanent establishment in another member State
- 54Loan relationships
- 55Derivative contracts Repealed
- 56Capital allowances
- 57Stamp duty reserve tax
- 58Bearer instruments: stamp duty and stamp duty reserve tax
- 59Consequential amendments
- 60Residence Repealed
- 61Continuity for transitional purposes Repealed
- 62Groups
- 63Groups: intangible fixed assets Repealed
- 64Held-over gains
- 65Restrictions on set-off of pre-entry losses
- Part 5: Miscellaneous matters
- 66Vehicle excise duty: late renewal supplements
- 67Reorganisation of water and sewerage services in Northern Ireland
- 68EU Mutual Assistance Directive: notifications Repealed
- 69Abolition of statutory adjudicator for National Savings and Investments
- Part 6: Supplementary provisions
- 70Repeals
- 71Interpretation
- 72Short title
- Schedule 1: Disclosure of value added tax avoidance schemes
- Introduction
- 1Paragraph 1
- Interpretative provisions
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Duty to notify Commissioners
- 5Paragraph 5
- 6Paragraph 6
- Amount of penalty
- 7Paragraph 7
- Penalty assessments
- 8Paragraph 8
- Schedule 2: Employee securities: anti-avoidance
- Introductory
- 1Paragraph 1
- Rights under certain insurance contracts to be securities
- 2Paragraph 2
- Restricted securities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Convertible securities
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Securities acquired for less than market value
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Post-acquisition benefits from securities
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Corporation tax relief: minor and consequential amendments
- 20Paragraph 20 Repealed
- Schedule 3: Qualifying scheme
- Part 1: Introductory Repealed
- 1Paragraph 1 Repealed
- Part 2: Schemes involving hybrid entities Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Part 3: Schemes involving hybrid effect Repealed
- Schemes involving hybrid effect Repealed
- 4Paragraph 4 Repealed
- Instruments of alterable character Repealed
- 5Paragraph 5 Repealed
- Shares subject to conversion Repealed
- 6Paragraph 6 Repealed
- Securities subject to conversion Repealed
- 7Paragraph 7 Repealed
- Debt instruments treated as equity Repealed
- 8Paragraph 8 Repealed
- Part 4: Schemes involving hybrid effect and connected persons Repealed
- Schemes involving hybrid effect and connected persons Repealed
- 9Paragraph 9 Repealed
- Scheme including issue of shares not conferring a qualifying beneficial entitlement Repealed
- 10Paragraph 10 Repealed
- Scheme including transfer of rights under a security Repealed
- 11Paragraph 11 Repealed
- Interpretation Repealed
- 12Paragraph 12 Repealed
- Schedule 4: Chargeable gains: location of assets etc
- Part 1: Location of assets
- Exceptions from sections 713 and 714 of ICTA
- 1Paragraph 1 Repealed
- Foreign securities: delayed remittances
- 2Paragraph 2 Repealed
- Designated international organisations
- 3Paragraph 3
- Location of assets: general
- 4Paragraph 4
- Location of certain intangible assets
- 5Paragraph 5
- Location of assets: interests of co-owners
- 6Paragraph 6
- Part 2: Minor amendments: non-resident company with UK permanent establishment
- Computation of losses
- 7Paragraph 7
- Reallocation within group of gain or loss accruing under section 179
- 8Paragraph 8 Repealed
- Exemptions for disposals by companies with substantial shareholding
- 9Paragraph 9
- Part 3: Commencement
- Commencement
- 10Paragraph 10
- Schedule 5: Chargeable gains: options
- Part 1: Application of market value rule in case of exercise of option
- Application of market value rule in case of exercise of option
- 1Paragraph 1
- Application of market value rule in case of exercise of option: exception
- 2Paragraph 2
- Part 2: Miscellaneous amendments relating to share options etc
- Shares acquired on same day: election for alternative treatment
- 3Paragraph 3
- Employment-related securities options
- 4Paragraph 4
- Interpretation of TCGA 1992
- 5Paragraph 5
- Part 3: Commencement
- Commencement
- 6Paragraph 6
- Schedule 6: Accounting practice and related matters
- Adjustment on change of accounting basis
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Meaning of “statutory insolvency arrangement”
- 3Paragraph 3
- Minor corrections
- 4Paragraph 4 Repealed
- Deemed release of liability on impaired debt becoming held by connected company
- 5Paragraph 5 Repealed
- Adjustment on change to international accounting standards: bad debt debits formerly disallowed
- 6Paragraph 6 Repealed
- Loan relationships with embedded derivatives
- 7Paragraph 7 Repealed
- 8Paragraph 8
- Exchange gains and losses
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Schedule 7: Avoidance involving financial arrangements
- Rent factoring
- 1Paragraph 1 Repealed
- Section 730: restriction to income consisting of distributions in respect of company shares etc
- 2Paragraph 2 Repealed
- Change in ownership of company with investment business
- 3Paragraph 3 Repealed
- Transfers of rights to receive annual payments
- 4Paragraph 4 Repealed
- Disposals and acquisitions of company loan relationships with or without interest
- 5Paragraph 5 Repealed
- Manufactured interest and the accrued income scheme
- 6Paragraph 6 Repealed
- Consideration due after time of disposal: creditor relationships etc
- 7Paragraph 7
- Corporate strips: manipulation of price: associated payment giving rise to loss
- 8Paragraph 8
- Transactions within a group: shares subject to third party obligations
- 9Paragraph 9 Repealed
- Shares treated as loan relationships
- 10Paragraph 10 Repealed
- Related transactions in relation to right to receive manufactured interest
- 11Paragraph 11 Repealed
- Money debts etc not arising from lending of money: discounts and profits from transactions
- 12Paragraph 12
- Meaning of “commercial rate of interest”
- 13Paragraph 13 Repealed
- Capital redemption policies: removal of exclusion from loan relationships computations
- 14Paragraph 14
- Deemed disposal of assets and liabilities on company ceasing to be resident in UK etc
- 15Paragraph 15 Repealed
- Transactions not at arm's length: exceptions relating to groups of companies
- 16Paragraph 16 Repealed
- Continuity of treatment of groups etc: treatment of transferee company
- 17Paragraph 17 Repealed
- Transferee leaving group after replacing transferor as party to loan relationship
- 18Paragraph 18 Repealed
- Avoidance involving repos or stock lending
- 19Paragraph 19 Repealed
- Capital redemption policies: computations on the I minus E basis
- 20Paragraph 20 Repealed
- Relevant discounted securities: corporate strips
- 21Paragraph 21
- Transactions within groups: treatment of transferee company
- 22Paragraph 22 Repealed
- Transactions within groups: fair value accounting
- 23Paragraph 23 Repealed
- Transferee leaving group after replacing transferor as party to derivative contract
- 24Paragraph 24 Repealed
- Deeply discounted securities: corporate strips
- 25Paragraph 25
- Schedule 8: Financing of companies etc: transfer pricing and loan relationships
- Amendments of Schedule 28AA to ICTA
- 1Paragraph 1 Repealed
- Amendments of Schedule 9 to FA 1996
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Commencement and transitional provisions
- 4Paragraph 4 Repealed
- Schedule 9: Insurance companies etc
- Expenses of insurance companies
- 1Paragraph 1 Repealed
- Interpretative provisions relating to insurance companies
- 2Paragraph 2 Repealed
- Amendment of Chapter 1 of Part 12 of ICTA etc
- 3Paragraph 3 Repealed
- Apportionment of income and gains
- 4Paragraph 4 Repealed
- Section 432B apportionment: participating funds
- 5Paragraph 5 Repealed
- Transfers of business: deemed periodical return
- 6Paragraph 6 Repealed
- Transfers of business: modification of section 444AC of ICTA
- 7Paragraph 7 Repealed
- Transfers of business: transferor shares are assets of transferee's long-term insurance fund etc
- 8Paragraph 8 Repealed
- Equalisation reserves for general business
- 9Paragraph 9
- Unappropriated surplus on valuation
- 10Paragraph 10 Repealed
- Relevant financial reinsurance contracts
- 11Paragraph 11 Repealed
- Receipts to be taken into account
- 12Paragraph 12 Repealed
- Meaning of “brought into account”
- 13Paragraph 13 Repealed
- Changes in recognised accounts: attribution of amounts carried forward under s.432F of ICTA
- 14Paragraph 14 Repealed
- Charge of certain receipts of basic life assurance business
- 15Paragraph 15 Repealed
- Corporation tax: policy holders' fraction of profits
- 16Paragraph 16 Repealed
- Overseas life insurance companies
- 17Paragraph 17 Repealed
- Meaning of “pension business”
- 18Paragraph 18 Repealed
- Miscellaneous references to “class” of business
- 19Paragraph 19
- Transfers of business: references to accounting period ending with day of transfer
- 20Paragraph 20
- Schedule 10: Stamp duty land tax: miscellaneous amendments
- Part 1: Amendments coming into force in accordance with paragraph 16
- Introduction
- 1Paragraph 1
- Transfer of rights: exclusion of transaction to which alternative finance provisions apply
- 2Paragraph 2
- Group relief
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Reconstruction and acquisition reliefs
- 8Paragraph 8
- 9Paragraph 9
- Withdrawal of money etc from partnership after transfer of chargeable interest
- 10Paragraph 10
- Grant of lease to bare trustee
- 11Paragraph 11
- 12Paragraph 12
- Variation of lease
- 13Paragraph 13
- Loan or deposit in connection with grant or assignment of lease
- 14Paragraph 14
- 15Paragraph 15
- Commencement
- 16Paragraph 16
- Part 2: Amendments coming into force in accordance with paragraph 22
- Introduction
- 17Paragraph 17
- Transfers involving public bodies
- 18Paragraph 18
- Group relief: avoidance arrangements
- 19Paragraph 19
- Acquisition relief: avoidance arrangements
- 20Paragraph 20
- Stamp duty on transfers of partnership interests
- 21Paragraph 21
- Commencement
- 22Paragraph 22
- Schedule 11: Repeals
- 1Value added tax
- 2Income tax, corporation tax and capital gains tax
- 3Stamp taxes
- 4European company statute
- 5Miscellaneous matters