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Finance Act 2004 (c. 12)

(The document as of February, 2008)

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Finance Act 2004

2004 CHAPTER 12

CONTENTS

Content
  1. Part 1

    Excise duties

    1. Tobacco products duty

      1. 1. Rates of tobacco products duty

    2. Alcoholic liquor duties

      1. 2. Rate of duty on beer

      2. 3. Rates of duty on wine and made-wine

      3. 4. Duty stamps for spirits etc

    3. Hydrocarbon oil etc duties

      1. 5. Rates

      2. 6. Road fuel gas

      3. 7. Sulphur-free fuel

      4. 8. Definition of "fuel oil"

      5. 9. Mixing of rebated oil

      6. 10. Bioethanol

      7. 11. Biodiesel

      8. 12. Fuel substitutes

      9. 13. Warehousing

      10. 14. Treatment of certain energy products

    4. Betting and gaming duties

      1. 15. General betting duty: pool betting

      2. 16. Rates of gaming duty

    5. Amusement machine licence duty

      1. 17. Amusement machine licence duty: rates

    6. Vehicle excise duty

      1. 18. Fee for payment of duty by credit card

  2. Part 2

    Value added tax

    1. 19. Disclosure of VAT avoidance schemes

    2. 20. Groups

    3. 21. Reverse charge on gas and electricity supplied by persons outside UK

    4. 22. Use of stock in trade cars for consideration less than market value

  3. Part 3

    Income tax, corporation tax and capital gains tax

    1. Chapter 1

      Income tax and corporation tax charge and rate bands

      1. Income tax

        1. 23. Charge and rates for 2004-05

        2. 24. Personal allowances for those aged 65 or more

      2. Corporation tax

        1. 25. Charge and main rate for financial year 2005

        2. 26. Small companies' rate and fraction for financial year 2004

        3. 27. Corporation tax starting rate and fraction for financial year 2004

        4. 28. The non-corporate distribution rate

      3. Trusts

        1. 29. Special rates of tax applicable to trusts

    2. Chapter 2

      Corporation tax: general

      1. Transfer pricing

        1. 30. Provision not at arm's length: transactions between UK taxpayers etc

        2. 31. Exemptions for dormant companies and small and medium-sized enterprises

        3. 32. Special applications of paragraph 6 of Schedule 28AA to the Taxes Act 1988

      2. Penalties: temporary relaxation

        1. 33. Provision not at arm's length: temporary relaxation of liability to penalty

      3. Thin capitalisation

        1. 34. Payments of excessive interest etc

        2. 35. Elimination of double counting etc

        3. 36. Balancing payments and elections to pay tax instead

      4. Transfer pricing and thin capitalisation: commencement

        1. 37. Commencement and transitional provisions

      5. Expenses of companies with investment business and insurance companies

        1. 38. Expenses of management: companies with investment business

        2. 39. Accounting period to which expenses of management are referable

        3. 40. Expenses of insurance companies

        4. 41. Related amendments to other enactments

        5. 42. Commencement of sections 38 to 41

        6. 43. Companies with investment business: transitional provisions

        7. 44. Insurance companies: transitional provisions

      6. Amounts reversing expenses of management deducted

        1. 45. Amounts reversing expenses of management deducted: charge to tax

      7. Power to make consequential amendments

        1. 46. Power to make consequential amendments

      8. Insurance companies: miscellaneous

        1. 47. Insurance companies etc.

      9. Loan relationships and derivative contracts

        1. 48. Loan relationships: miscellaneous amendments

        2. 49. Derivative contracts: miscellaneous amendments

      10. Accounting practice

        1. 50. Generally accepted accounting practice

        2. 51. Use of different accounting practices within a group of companies

        3. 52. Amendment of enactments that operate by reference to accounting practice

        4. 53. Treatment of expenditure on research and development

        5. Chapter 3

          Construction industry scheme

          1. Introduction

            1. 57. Introduction

            2. 58. Sub-contractors

            3. 59. Contractors

          2. Deductions on account of tax from contract payments to sub-contractors

            1. 60. Contract payments

            2. 61. Deductions on account of tax from contract payments

            3. 62. Treatment of sums deducted

          3. Registration of sub-contractors

            1. 63. Registration for gross payment or for payment under deduction

            2. 64. Requirements for registration for gross payment

            3. 65. Change in control of company registered for gross payment

            4. 66. Cancellation of registration for gross payment

            5. 67. Registration for gross payment: appeals

            6. 68. Registration for payment under deduction: cancellation and appeals

          4. Verification, returns etc and penalties

            1. 69. Verification etc of registration status of sub-contractors

            2. 70. Periodic returns by contractors etc

            3. 71. Collection and recovery of sums to be deducted

            4. 72. Penalties

          5. Supplementary

            1. 73. Regulations under this Chapter: supplementary

            2. 74. Meaning of "construction operations"

            3. 75. Meaning of "the Inland Revenue" etc and delegation of Board's functions

            4. 76. Consequential amendments

            5. 77. Commencement and transitional provision

        6. Chapter 4

          Personal taxation

          1. Taxable benefits

            1. 78. Childcare and childcare vouchers

            2. 79. Exemption for loaned computer equipment

            3. 80. Vans

            4. 81. Emergency vehicles

            5. 82. European travel expenses of MPs and other representatives

          2. Gift aid

            1. 83. Giving through the self-assessment return

          3. Gifts with a reservation

            1. 84. Charge to income tax by reference to enjoyment of property previously owned

          4. Employment-related securities and options

            1. 85. Relief where national insurance contributions met by employee

            2. 86. Shares in employee-controlled companies and unconnected companies

            3. 87. Restricted securities with artificially depressed value

            4. 88. Shares under approved plans and schemes

            5. 89. Shares acquired on public offer

            6. 90. Associated persons etc.

          5. Miscellaneous

            1. 91. Income of spouses: jointly held property

            2. 92. Minor amendments of or connected with ITEPA 2003

        7. Chapter 5

          Enterprise incentives

          1. 93. Enterprise investment scheme

          2. 94. Venture capital trusts

          3. 95. Corporate venturing scheme

          4. 96. Enterprise management incentives: subsidiaries

        8. Chapter 6

          Exemption from income tax for certain interest and royalty payments

          1. Introductory

            1. 97. Introductory

          2. Exemption from income tax

            1. 98. Exemption from income tax for certain interest and royalty payments

            2. 99. Permanent establishments and "25% associates"

          3. Exemption notices

            1. 100. Interest payments: exemption notices

          4. Payment without deduction

            1. 101. Payment of royalties without deduction at source

            2. 102. Claim for tax deducted at source from exempt interest or royalty payments

          5. Special relationships and anti-avoidance

            1. 103. Special relationships

            2. 104. Anti-avoidance

          6. Supplementary

            1. 105. Consequential amendments

            2. 106. Transitional provision

        9. Chapter 7

          Savings income: double taxation arising from withholding tax

          1. Introductory

            1. 107. Introductory

          2. Credit etc for special withholding tax

            1. 108. Income tax credit etc for special withholding tax

            2. 109. Capital gains tax credit etc for special withholding tax

            3. 110. Credit under Part 18 of Taxes Act 1988 to be allowed first

          3. Computation of income etc

            1. 111. Computation of income etc subject to special withholding tax only

            2. 112. Computation of income etc subject to foreign tax and special withholding tax

          4. Certificates to avoid levy of special withholding tax

            1. 113. Issue of certificate

            2. 114. Refusal to issue certificate and appeal against refusal

          5. Supplementary

            1. 115. Supplementary

        10. Chapter 8

          Chargeable gains

          1. 116. Restriction of gifts relief etc

          2. 117. Private residence relief

          3. 118. Authorised unit trusts: treatment of umbrella schemes

        11. Chapter 9

          Avoidance involving loss relief or partnership

          1. Individuals benefited by film relief

            1. 119. Individuals benefited by film relief

            2. 120. "Disposal of a right of the individual to profits arising from the trade"

            3. 121. "The losses claimed" and "the individual's capital contribution to the trade"

            4. 122. Computing the chargeable amount

            5. 123. "Film-related losses" and "non-taxable consideration"

          2. Individuals in partnership: restriction of relief

            1. 124. Restriction of relief: non-active partners

            2. 125. Partnerships exploiting films

          3. Individuals in partnership: exit charge

            1. 126. Losses derived from exploiting licence: introductory

            2. 127. Charge to income tax

            3. 128. Definitions for purposes of section 127

            4. 129. Disposals to which section 126 applies

            5. 130. "A significant amount of time"

          4. Companies in partnership

            1. 131. Companies in partnership

            2. 132. Companies in partnership: supplementary

            3. 133. Relationship with chargeable gains

        12. Chapter 10

          Avoidance: miscellaneous

          1. 134. Finance leasebacks

          2. 135. Rent factoring of leases of plant or machinery

          3. 136. Manufactured dividends

          4. 137. Manufactured payments under arrangements having an unallowable purpose

          5. 138. Gilt strips

          6. 139. Gifts of shares, securities and real property to charities etc

          7. 140. Life policies etc.: restriction of corresponding deficiency relief

        13. Chapter 11

          Miscellaneous

          1. Reliefs for business

            1. 141. Relief for research and development: software and consumable items

            2. 142. Temporary increase in amount of first-year allowances for small enterprises

            3. 143. Deduction for expenditure by landlords on energy-saving items

            4. 144. Lloyd's names: conversion to limited liability underwriting

          2. Offshore matters

            1. 145. Offshore funds

            2. 146. Meaning of "offshore installation"

          3. Health

            1. 147. Immediate needs annuities

            2. 148. Corporation tax: health service bodies

      11. Part 4

        Pension schemes etc

        1. Chapter 1

          Introduction

          1. Introductory

            1. 149. Overview of Part 4

          2. Main concepts

            1. 150. Meaning of "pension scheme"

            2. 151. Meaning of "member"

            3. 152. Meaning of "arrangement"

        2. Chapter 2

          Registration of pension schemes

          1. Registration

            1. 153. Registration of pension schemes

            2. 154. Persons by whom registered pension scheme may be established

            3. 155. Persons by whom scheme may be established: supplementary

            4. 156. Appeal against decision not to register

          2. De-registration

            1. 157. De-registration

            2. 158. Grounds for de-registration

            3. 159. Appeal against decision to de-register

        3. Chapter 3

          Payments by registered pension schemes

          1. Introductory

            1. 160. Payments by registered pension schemes

            2. 161. Meaning of "payment" etc

            3. 162. Meaning of "loan"

            4. 163. Meaning of "borrowing" etc

          2. Authorised member payments

            1. 164. Authorised member payments

            2. 165. Pension rules

            3. 166. Lump sum rule

            4. 167. Pension death benefit rules

            5. 168. Lump sum death benefit rule

            6. 169. Recognised transfers

            7. 170. Appeal against decision to exclude recognised overseas pension scheme

            8. 171. Scheme administration member payments

          3. Unauthorised member payments

            1. 172. Assignment

            2. 173. Benefits

            3. 174. Value shifting

          4. Authorised employer payments

            1. 175. Authorised employer payments

            2. 176. Public service scheme payment

            3. 177. Authorised surplus payment

            4. 178. Compensation payments

            5. 179. Authorised employer loan

            6. 180. Scheme administration employer payments

          5. Unauthorised employer payments

            1. 181. Value shifting

          6. Borrowing

            1. 182. Unauthorised borrowing: money purchase arrangements

            2. 183. Effect of unauthorised borrowing: money purchase arrangements

            3. 184. Unauthorised borrowing: other arrangements

            4. 185. Effect of unauthorised borrowing: other arrangements

        4. Chapter 4

          Registered pension schemes: tax reliefs and exemptions

          1. Scheme investments

            1. 186. Income

            2. 187. Chargeable gains

          2. Members' contributions

            1. 188. Relief for contributions

            2. 189. Relevant UK individual

            3. 190. Annual limit for relief

            4. 191. Methods of giving relief

            5. 192. Relief at source

            6. 193. Relief under net pay arrangements

            7. 194. Relief on making of claim

            8. 195. Transfer of certain shares to be treated as payment of contribution

          3. Employers' contributions

            1. 196. Relief for employers in respect of contributions paid

            2. 197. Spreading of relief

            3. 198. Spreading of relief: cessation of business

            4. 199. Deemed contributions

            5. 200. No other relief for employers in connection with contributions

            6. 201. Relief for employees

          4. Inland Revenue contributions

            1. 202. Minimum contributions under pensions legislation

          5. Inheritance tax exemptions

            1. 203. Inheritance tax exemptions

        5. Chapter 5

          Registered pension schemes: tax charges

          1. Charges on authorised payments

            1. 204. Authorised pensions and lump sums

            2. 205. Short service refund lump sum charge

            3. 206. Special lump sum death benefits charge

            4. 207. Authorised surplus payments charge

          2. Unauthorised payments charge

            1. 208. Unauthorised payments charge

            2. 209. Unauthorised payments surcharge

            3. 210. Surchargeable unauthorised member payments

            4. 211. Valuation of crystallised rights for purposes of section 210

            5. 212. Valuation of uncrystallised rights for purposes of section 210

            6. 213. Surchargeable unauthorised employer payments

          3. Lifetime allowance charge

            1. 214. Lifetime allowance charge

            2. 215. Amount of charge

            3. 216. Benefit crystallisation events and amounts crystallised

            4. 217. Persons liable to charge

            5. 218. Individual's lifetime allowance and standard lifetime allowance

            6. 219. Availability of individual's lifetime allowance

            7. 220. Pension credits from previously crystallised rights

            8. 221. Non-residence: general

            9. 222. Non-residence: money purchase arrangements

            10. 223. Non-residence: other arrangements

            11. 224. Transfers from recognised overseas pension scheme: general

            12. 225. Overseas scheme transfers: money purchase arrangements

            13. 226. Overseas scheme transfers: other arrangements

          4. Annual allowance charge

            1. 227. Annual allowance charge

            2. 228. Annual allowance

            3. 229. Total pension input amount

            4. 230. Cash balance arrangements

            5. 231. Cash balance arrangements: uprating of opening value

            6. 232. Cash balance arrangements: adjustments of closing value

            7. 233. Other money purchase arrangements

            8. 234. Defined benefits arrangements

            9. 235. Defined benefits arrangements: uprating of opening value

            10. Chapter 6

              Schemes that are not registered pension schemes

              1. Non-UK schemes

                1. 243. Overseas pension schemes: migrant member relief

                2. 244. Non-UK schemes: application of certain charges

              2. Employer-financed retirement benefit schemes

                1. 245. Restriction of deduction for contributions by employer

                2. 246. Restriction of deduction for non-contributory provision

                3. 247. Abolition of income tax charge in respect of employer payments

                4. 248. Employer's cost of insuring against non-payment of benefit

                5. 249. Taxation of non-pension benefits

            11. Chapter 7

              Compliance

              1. Information

                1. 250. Registered pension scheme return

                2. 251. Information: general requirements

                3. 252. Notices requiring documents or particulars

                4. 253. Appeal against notices

              2. Accounting and assessment

                1. 254. Accounting for tax by scheme administrators

                2. 255. Assessments under this Part

              3. Registration regulations

                1. 256. Enhanced lifetime allowance regulations

              4. Penalties

                1. 257. Registered pension scheme return

                2. 258. Information required by regulations

                3. 259. Documents and particulars required by notice

                4. 260. Accounting return

                5. 261. Enhanced lifetime allowance regulations: documents and information

                6. 262. Enhanced lifetime allowance regulations: failures to comply

                7. 263. Lifetime allowance enhanced protection: benefit accrual

                8. 264. False statements etc

                9. 265. Winding-up to facilitate payment of lump sums

                10. 266. Transfers to insured schemes

              5. Discharge of tax liability: good faith

                1. 267. Lifetime allowance charge

                2. 268. Unauthorised payments surcharge and scheme sanction charge

                3. 269. Appeal against decision on discharge of liability

              6. Scheme administrator

                1. 270. Meaning of "scheme administrator"

                2. 271. Liability of scheme administrator

                3. 272. Trustees etc. liable as scheme administrator

                4. 273. Members liable as scheme administrator

                5. 274. Supplementary

            12. Chapter 8

              Supplementary

              1. Interpretation

                1. 275. Insurance company

                2. 276. Relevant valuation factor

                3. 277. Valuation assumptions

                4. 278. Market value

                5. 279. Other definitions

                6. 280. Abbreviations and general index

              2. Other supplementary provisions

                1. 281. Minor and consequential amendments

                2. 282. Orders and regulations

                3. 283. Transitionals and savings

                4. 284. Commencement

          5. Part 5

            Oil

            1. 285. Certain receipts not to be tariff receipts

            2. 286. Petroleum extraction activities: exploration expenditure supplement

            3. 287. Restrictions on expenditure allowable

            4. 288. Terminal losses

          6. Part 6

            Other taxes

            1. Climate change levy

              1. 289. Supplies to producers of commodities

            2. Aggregates levy

              1. 290. Transitional tax credit in Northern Ireland: changes to existing scheme

              2. 291. Transitional tax credit in Northern Ireland: new scheme

            3. Lorry road-user charge

              1. 292. Lorry road-user charge

            4. Inheritance tax

              1. 293. Delivery of accounts etc

              2. 294. Grant of probate

              3. 295. Amendments to penalty regime

            5. Stamp duty land tax and stamp duty

              1. 296. Miscellaneous amendments

            6. Stamp duty land tax

              1. 297. Leases

              2. 298. Notification, registration and penalties

              3. 299. Claims not included in returns

              4. 300. Assents and appropriations by personal representatives

              5. 301. Chargeable consideration

              6. 302. Charities relief

              7. 303. Shared ownership leases

              8. 304. Application to certain partnership transactions

              9. 305. Liability of partners

          7. Part 7

            Disclosure of tax avoidance schemes

            1. 306. Meaning of "notifiable arrangements" and "notifiable proposal"

            2. 307. Meaning of "promoter"

            3. 308. Duties of promoter

            4. 309. Duty of person dealing with promoter outside United Kingdom

            5. 310. Duty of parties to notifiable arrangements not involving promoter

            6. 311. Arrangements to be given reference number

            7. 312. Duty of promoter to notify client of number

            8. 313. Duty of parties to notifiable arrangements to notify Board of number, etc.

            9. 314. Legal professional privilege

            10. 315. Penalties

            11. 316. Information to be provided in form and manner specified by Board

            12. 317. Regulations under Part 7

            13. 318. Interpretation of Part 7

            14. 319. Part 7: commencement and savings

          8. Part 8

            Miscellaneous matters

            1. 320. Exclusion of extended limitation period in England, Wales and Northern Ireland

            2. 321. Exclusion of extended prescriptive period in Scotland

            3. 322. Mutual assistance: customs union with the Principality of Andorra

            4. 323. Ending of shipbuilders' relief

            5. 324. Government borrowing: preparations for possible adoption of Euro

            6. 325. Premium bonds

          9. Part 9

            Supplementary provisions

            1. 326. Repeals

            2. 327. Interpretation

            3. 328. Short title

            1. Schedule 1

              New Schedule 2A to the Alcoholic Liquor Duties Act 1979

            2. Schedule 2

              Disclosure of value added tax avoidance schemes

              1. Part 1

                Principal amendments of Value Added Tax Act 1994

              2. Part 2

                Consequential amendments

            3. Schedule 3

              Corporation tax: the non-corporate distribution rate: supplementary provisions

              1. Part 1

                General provisions

              2. Part 2

                Allocation of excess NCDs to other companies

              3. Part 3

                Other supplementary provisions

            4. Schedule 4

              Amendments relating to the rate applicable to trusts

            5. Schedule 5

              Provision not at arm's length: related amendments

            6. Schedule 6

              Expenses of companies with investment business and insurance companies

            7. Schedule 7

              Insurance companies etc

            8. Schedule 8

              Loan relationships: miscellaneous amendments

            9. Schedule 9

              Derivative contracts: miscellaneous amendments

            10. Schedule 10

              Amendment of enactments that operate by reference to accounting practice

              1. Part 1

                Loan relationships

              2. Part 2

                Derivative contracts

              3. Part 3

                Intangible fixed assets

              4. Part 4

                Foreign currency accounting

            11. Schedule 11

              Conditions for registration for gross payment

              1. Part 1

                Conditions to be satisfied by individuals

              2. Part 2

                Conditions to be satisfied by firms

              3. Part 3

                Conditions to be satisfied by companies

              4. Part 4

                Supplementary provisions

            12. Schedule 12

              Construction industry scheme: consequential amendments

            13. Schedule 13

              Childcare and childcare vouchers

            14. Schedule 14

              Vans

            15. Schedule 15

              Charge to income tax on benefits received by former owner of property

            16. Schedule 16

              Relief where national insurance contributions met by employee

            17. Schedule 17

              Minor amendments of or connected with the Income Tax (Earnings and Pensions) Act 2003

            18. Schedule 18

              Enterprise investment scheme

              1. Part 1

                Income tax relief

              2. Part 2

                Deferral relief

              3. Part 3

                Commencement

            19. Schedule 19

              Venture capital trusts

              1. Part 1

                Increase in relief on investments and distributions

              2. Part 2

                Abolition of deferral relief

              3. Part 3

                Miscellaneous

            20. Schedule 20

              Corporate venturing scheme

            21. Schedule 21

              Chargeable gains: restriction of gifts relief etc

            22. Schedule 22

              Chargeable gains: private residence relief

            23. Schedule 23

              Finance leasebacks: transitional provision

            24. Schedule 24

              Manufactured dividends

            25. Schedule 25

              Lloyd's names: conversion to limited liability underwriting

            26. Schedule 26

              Offshore funds

            27. Schedule 27

              Meaning of "offshore installation"

              1. Part 1

                The new definition

              2. Part 2

                Minor and consequential amendments

            28. Schedule 28

              Registered pension schemes: authorised pensions--supplementary

              1. Part 1

                Pension rules

              2. Part 2

                Pension death benefit rules

            29. Schedule 29

              Registered pension schemes: authorised lump sums--supplementary

              1. Part 1

                Lump sum rule

              2. Part 2

                Lump sum death benefit rule

            30. Schedule 30

              Registered pension schemes: employer loans

            31. Schedule 31

              Taxation of benefits under registered pension schemes

            32. Schedule 32

              Registered pension schemes: benefit crystallisation events--supplementary

            33. Schedule 33

              Overseas pension schemes: migrant member relief

            34. Schedule 34

              Non-UK schemes: application of certain charges

            35. Schedule 35

              Pension schemes etc: minor and consequential amendments

            36. Schedule 36

              Pension schemes etc: transitional provisions and savings

              1. Part 1

                Pre-commencement pension schemes

              2. Part 2

                Pre-commencement rights: lifetime allowance charge

              3. Part 3

                Pre-commencement benefit rights

              4. Part 4

                Other provisions

            37. Schedule 37

              Oil taxation: tax-exempt tariffing receipts and assets producing them

              1. Part 1

                Amendments of the Oil Taxation Act 1983 relating to allowable expenditure and disposal receipts

              2. Part 2

                Transitional provision

              3. Part 3

                Amendments of the Taxes Act 1988

              4. Part 4

                Amendments of other enactments

            38. Schedule 38

              Schedule to be inserted as Schedule 19B to the Taxes Act 1988

            39. Schedule 39

              Stamp duty land tax and stamp duty

              1. Part 1

                Amendments to Part 4 of the Finance Act 2003: general

              2. Part 2

                Re-enactment, with changes, of amendments made by section 109 regulations

            40. Schedule 40

              Stamp duty land tax: claims not included in returns

            41. Schedule 41

              Stamp duty land tax: application to certain partnership transactions

            42. Schedule 42

              Repeals

              1. Part 1

                Excise duties

              2. Part 2

                Income tax, corporation tax and capital gains tax

              3. Part 3

                Pension schemes etc

              4. Part 4

                Other taxes

              5. Part 5

                Miscellaneous matters

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.

[22nd July 2004]

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:--



Part 1 Excise duties

Tobacco products duty

1 Rates of tobacco products duty

(1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 (c. 7) substitute--

Table
1.  CigarettesAn amount equal to 22 per cent of the retail price plus £99.80 per thousand cigarettes.
2.  Cigars£145.35 per kilogram.
3.  Hand-rolling tobacco£104.47 per kilogram.
4.  Other smoking tobacco and chewing tobacco£63.90 per kilogram.

(2) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 2004.



Alcoholic liquor duties

2 Rate of duty on beer

(1) In section 36(1AA)(a) of the Alcoholic Liquor Duties Act 1979 (c. 4) (rate of duty on beer) for "£12.22" substitute "£12.59".

(2) This section shall be deemed to have come into force at midnight on 21st March 2004.

3 Rates of duty on wine and made-wine

(1) For Part 1 of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 (rates of duty on wine and made-wine) substitute--



" Part 1 Wine and made-wine of a strength not exceeding 22 per cent
Description of wine or made-wineRates of duty per hectolitre
£
Wine or made-wine of a strength not exceeding 4 per cent50.38
Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent69.27
Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not sparkling163.47
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent166.70
Sparkling wine or sparkling made-wine of a strength of 8.5 per cent or of a strength exceeding 8.5 per cent but not exceeding 15 per cent220.54
Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent217.95 "

(2) This section shall be deemed to have come into force at midnight on 21st March 2004.

4 Duty stamps for spirits etc

(1) At the beginning of Part 6 of the Alcoholic Liquor Duties Act 1979 (c. 4) (general control provisions) under the heading "Sale of dutiable alcoholic liquors" insert--

" 64A Retail containers of certain alcoholic liquors to be stamped

Schedule 2A to this Act (duty stamps) has effect. " .

(2) Before Schedule 3 to that Act insert the Schedule 2A set out in Schedule 1 to this Act.

(3) In section 12(2) of the Finance Act 1994 (c. 9) (defaults engaging Commissioners' power to assess excise duty to the best of their judgement) after paragraph (c) insert--

" (ca) any failure by any person to comply with a requirement to which he is made subject by or under Schedule 2A to the Alcoholic Liquor Duties Act 1979 (duty stamps); " .

(4) In section 14(1) of that Act (reviewable decisions) after paragraph (bc) insert--

" (bd) any decision by the Commissioners as to whether or not any person is entitled to any repayment or credit by virtue of regulations under paragraph 4(2)(h) of Schedule 2A to the Alcoholic Liquor Duties Act 1979 (duty stamps), or the amount of the repayment or credit to which any person is so entitled;

(be) any decision by the Commissioners made by virtue of regulations under paragraph 4(2)(i) of that Schedule that some or all of a payment made, or security provided, is forfeit, or the amount which is so forfeit; " .

(5) The amendments made by this section have effect in relation to retail containers containing alcoholic liquor if the excise duty point for the alcoholic liquor falls on or after such day as the Treasury may by order made by statutory instrument appoint.

(6) An order under subsection (5) may contain such supplemental and transitional provision and savings as the Treasury think fit in connection with the coming into effect of those amendments.

(7) In subsection (5) "excise duty point" has the meaning given by section 1 of the Finance (No. 2) Act 1992 (c. 48).



Hydrocarbon oil etc duties

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5 Rates

(1) In section 6 of the Hydrocarbon Oil Duties Act 1979 (c. 5) (hydrocarbon oil: rates of duty)--

(a) in subsection (1A)(a) (ultra low sulphur petrol) for "£0.4710" substitute "£0.4902",

(b) in subsection (1A)(b) (other light oil) for "£0.5620" substitute "£0.5790",

(c) in subsection (1A)(c) (ultra low sulphur diesel) for "£0.4710" substitute "£0.4902", and

(d) in subsection (1A)(d) (other heavy oil) for "£0.5327" substitute "£0.5487".

(2) In section 6AA(3) of that Act (biodiesel: rate of duty) for "£0.2710" substitute "£0.2852".

(3) In section 11(1) of that Act (rebate on heavy oil)--

(a) in paragraph (a) (fuel oil) for "£0.0382" substitute "£0.0624",

(b) in paragraph (b) (gas oil: general) for "£0.0422" substitute "£0.0664", and

(c) in paragraph (ba) (ultra low sulphur diesel) for "£0.0422" substitute "£0.0664".

(4) In section 13A(1) of that Act (rebate on unleaded petrol) for "£0.0601" substitute "£0.0620".

(5) In section 14(1) of that Act (rebate on light oil for use as furnace fuel) for "£0.0382" substitute "£0.0624".

(6) This section shall come into force on 1st September 2004.

6 Road fuel gas

(1) At the end of section 5 of the Hydrocarbon Oil Duties Act 1979 (road fuel gas) (which becomes subsection (1)) add--

" (2) In this Act "natural road fuel gas" is road fuel gas with a methane content of not less than 80%. "

(2) For section 8(3) of that Act (rate of duty on road fuel gas) substitute--

" (3) The rate of the duty under this section shall be--

(a) in the case of natural road fuel gas, £0.1110 a kilogram, and

(b) in any other case, £0.1303 a kilogram. "

(3) After section 21(2) of that Act (regulations) insert--

" (2A) In the case of regulations made for the purposes mentioned in subsection (1)(c) above, different regulations may be made for different classes of road fuel gas. "

(4) This section shall come into force on 1st September 2004.

7 Sulphur-free fuel

(1) For section 1(3A) and (3B) of the Hydrocarbon Oil Duties Act 1979 (descriptions of hydrocarbon oil: ultra low sulphur petrol and unleaded petrol) substitute--

" (3A) "Ultra low sulphur petrol" means unleaded petrol--

(a) the sulphur content of which does not exceed 0.005 per cent. by weight,

(b) the aromatics content of which does not exceed 35 per cent. by volume, and

(c) which is not sulphur-free petrol.

(3B) "Sulphur-free petrol" means unleaded petrol the sulphur content of which does not exceed 0.001 per cent. by weight (or is nil).

(3C) "Unleaded petrol" means petrol that contains not more than 0.013 grams of lead per litre of petrol; and petrol is "leaded petrol" if it is not unleaded petrol. "

(2) For section 1(6) of that Act (ultra low sulphur diesel) substitute--

" (6) "Ultra low sulphur diesel" means gas oil--

(a) the sulphur content of which does not exceed 0.005 per cent. by weight,

(b) the density of which does not exceed 835 kilograms per cubic metre at a temperature of 15°C,

(c) of which not less than 95 per cent. by volume distils at a temperature not exceeding 345°C, and

(d) which is not sulphur-free diesel.

(7) "Sulphur-free diesel" means gas oil the sulphur content of which does not exceed 0.001 per cent. by weight (or is nil). "

(3) In section 1(1) of that Act for "Subsections (2) to (6)" substitute "Subsections (2) to (7)".

(4) For section 2A(1) of that Act (power to amend definitions) substitute--

" (1) The Treasury may by order made by statutory instrument amend the definition for the purposes of this Act of--

(a) sulphur-free diesel;

(b) sulphur-free petrol;

(c) ultra low sulphur diesel;

(d) ultra low sulphur petrol;

(e) unleaded petrol and leaded petrol. "

(5) In section 6(1A) of that Act (rates of duty)--

(a) after paragraph (a) insert--

" (aa) £0.4852 a litre in the case of sulphur-free petrol; " ,

(b) in paragraph (b) after "other than ultra low sulphur petrol" insert "and sulphur-free petrol",

(c) after paragraph (c) insert--

" (ca) £0.4852 a litre in the case of sulphur-free diesel; " , and

(d) in paragraph (d) after "other than ultra low sulphur diesel" insert "and sulphur-free diesel".

(6) In section 13AA(6) of that Act (restrictions on use of rebated kerosene) after "which is not ultra low sulphur diesel" insert "or sulphur-free diesel".

(7) In section 13A(1) of that Act (rebate on unleaded petrol) after ", other than ultra low sulphur petrol" insert "and sulphur-free petrol".

(8) In section 27 of that Act (interpretation)--

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