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Finance Act 1999 (c. 16)(The document as of February, 2008) Page 9 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 (c) is in respect of a risk which was not covered by the contract before 1st July 1999. (5) In the application of sections 67A to 67C of that Act (announced increase in rate of insurance premium tax) in relation to the increase under subsection (1) above and the exception under subsection (3) above-- (a) the announcement for the purpose of sections 67A(1) and 67B(1) shall be taken to have been made on 9th March 1999, (b) the date of the change is 1st July 1999, and (c) the concessionary date is 1st January 2000. Customs duties126 Interest on unpaid customs debts(1) This section applies for the determination and recovery of the amount of any interest charged in accordance with Article 232 of the Community Customs Code (interest on duty not paid within the prescribed period) on arrears of customs duty payable to the Commissioners. (2) Subject to subsection (3) below, the interest shall be charged on the amount in arrears at the rate applicable under section 197 of the [1996 c. 8.] Finance Act 1996 (power to fix rates of interest applicable in the case of indirect taxes) for the period which-- (a) begins with the latest time for payment of that amount; and (b) ends with the day before that on which payment of that amount is actually made. (3) Regulations made for the purposes of this section under section 197 of the Finance Act 1996 may provide that, where the amount of interest computed in any case in accordance with subsection (2) above is less than such minimum amount as may be specified in or determined in accordance with the regulations, the amount of interest charged in that case is (instead of being the amount so computed) to be taken to be equal to that minimum amount. (4) Subsections (2) and (3) above have effect subject to Article 232(2) of the Community Customs Code (power to waive interest in certain cases). (5) Any interest the amount of which falls to be determined in accordance with this section shall be recoverable by the Commissioners as if it were customs duty; but nothing in this subsection shall be taken to impose any liability to interest on an amount so determined. (6) Interest on an amount of customs duty shall not be recoverable from any person at any time more than three years after the latest time for payment of that amount unless a written notice that arrears of customs duty attract interest was given to that person by the Commissioners at a time falling-- (a) at or after the time when that amount first became payable; and (b) before the end of that three years. (7) In this section--
(8) The preceding provisions of this section-- (a) shall have effect for periods beginning on or after such day as the Treasury may by order made by statutory instrument appoint; and (b) shall so have effect in relation to interest running from before that day, as well as in relation to interest running from, or from after, that day; and different days may be appointed under this subsection for different purposes. 127 Interest on repayments(1) Subject to the following provisions of this section, where the Commissioners are liable to repay an amount to any person in consequence of-- (a) the payment to them by way of customs duty of an amount that was not due from that person, or (b) any requirement to repay an amount of customs duty in accordance with the Community Customs Code or Council Regulation (EEC) No. 2454/93, then, if and to the extent that they would not be liable to do so apart from this section, the Commissioners shall pay interest to him on that amount for the applicable period. (2) The amounts that carry interest under subsection (1) above-- (a) include only so much of any amount mentioned in that subsection as is the subject of a claim that the Commissioners are required to satisfy or have satisfied; and (b) do not include any amount of interest under this section. (3) Subject to section 128 below, in relation to any amount that carries interest under subsection (1) above, the applicable period for the purposes of this section is the period which-- (a) begins with the sixty-first day after the making of the claim for repayment of that amount; and (b) ends with the date on which the Commissioners issue the repayment of that amount. (4) The Commissioners shall not be liable to pay interest under this section except on the making of a claim for that purpose. (5) A claim under this section must be in writing and must be made not more than three years after the end of the applicable period to which it relates. (6) Any reference in this section to the issue by the Commissioners of any repayment of any amount includes a reference to the discharge by way of set-off of the Commissioners' liability to repay that amount. (7) Interest under this section shall be payable at the rate applicable under section 197 of the [1996 c. 8.] Finance Act 1996. (8) In this section and section 128 below--
(9) The Commissioners may by order modify subsection (3) above so as to provide for interest under this section to begin to run from a time before the sixty-first day after the making of the claim for repayment. (10) The power of the Commissioners to make an order under subsection (9) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons. (11) This section has effect in relation only to a repayment the claim for which is made on or after such day as the Treasury may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes. 128 Periods to be disregarded in determining interest under s. 127(1) In determining the applicable period for the purposes of section 127 above in the case of interest on the amount of any repayment there shall be left out of account any period by which the Commissioners' issue of the repayment is delayed as a result of circumstances beyond their control. (2) The reference in subsection (1) above to a period by which the Commissioners' issue of a repayment is delayed as a result of circumstances beyond their control includes, in particular, any period which is referable to any one or more of the matters mentioned in subsections (3) to (5) below. (3) The first of those matters is any unreasonable delay in the making of any claim for the repayment of the amount on which interest is claimed. (4) The second of those matters is any failure by any person to provide the Commissioners-- (a) at or before the time of the making of any such claim, or (b) subsequently in response to a request for information by the Commissioners, with all the information required by them to enable the existence and amount of the claimant's entitlement to a repayment to be determined. (5) The third of those matters is the making, as part of or in association with such a claim, of a claim to anything to which the person making the claim has no entitlement. (6) In determining for the purposes of subsection (4) above whether any period of delay is referable to a failure by any person to provide information in response to a request by the Commissioners, there shall be taken to be so referable any period which-- (a) begins with the date on which the Commissioners request that person to provide information which they reasonably consider relevant to the matter to be determined; and (b) ends with the earliest date on which it would be reasonable for the Commissioners to conclude-- (i) that they have received a complete answer to their request for information; (ii) that they have received all that they need in answer to that request; or (iii) that it is unnecessary for them to be provided with any information in answer to that request. 129 Repayment of overpaid interest etc(1) Where-- (a) the Commissioners have issued an amount to any person by way of-- (i) a payment of interest under section 127 above, or (ii) a repayment of customs duty or of interest on arrears of customs duty, (b) that person was not entitled to that amount, and (c) the Commissioners are entitled to recover it, the amount shall be recoverable by the Commissioners as if it were customs duty. (2) An amount shall not be recoverable from any person in accordance with subsection (1) above at any time more than three years after the payment or repayment was issued unless a written notice that the amount is recoverable was given to that person by the Commissioners before the end of those three years. (3) Any reference in this section to the issue by the Commissioners of any payment or repayment of any amount includes a reference to the discharge by way of set-off of the Commissioners' liability to pay or, as the case may be, to repay that amount. (4) Nothing in this section shall be taken to impose any liability to interest on an amount to which subsection (1) above applies. (5) In this section--
(6) This section shall have effect in relation to amounts issued on or after such day as the Treasury may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes. 130 Consequential amendments relating to interest(1) In section 14(1) of the [1994 c. 9.] Finance Act 1994 (reviewable and appealable decisions), for the "and" at the end of paragraph (c) there shall be substituted-- " (ca) any decision as to whether or not-- (i) an amount due in respect of customs duty or agricultural levy, or (ii) any repayment by the Commissioners of an amount paid by way of customs duty or agricultural levy, is to carry interest, or as to the rate at which, or period for which, any such amount is to carry interest; " . (2) For sub-paragraph (k) of paragraph 1 of Schedule 5 to that Act (under which decisions as to interest under the Community Customs Code are reviewable and appealable) there shall be substituted the following sub-paragraph-- " (k) any decision as to whether or not collection of interest on arrears of customs duty or agricultural levy is to be waived; " . (3) In section 197(2) of the [1996 c. 8.] Finance Act 1996 (setting of rates of interest for indirect taxes), after paragraph (e) there shall be inserted the following paragraph-- " (f) sections 126 and 127 of the Finance Act 1999 (interest on overdue customs duty and on repayments of amounts paid by way of customs duty). " (4) Subsections (1) and (2) above have effect in relation to decisions made on or after the day on which this Act is passed. Part VIII Miscellaneous and SupplementalGeneral administration of tax131 Economic and monetary union: taxes and dutiesThe Commissioners of Inland Revenue and the Commissioners of Customs and Excise may incur expenditure in order to secure that, if the United Kingdom were to move to the third stage of economic and monetary union, they would be able to exercise their functions relating to taxes and duties (including agricultural levies of the European Community). 132 Power to provide for use of electronic communications(1) Regulations may be made, in accordance with this section, for facilitating the use of electronic communications for-- (a) the delivery of information the delivery of which is authorised or required by or under any legislation relating to a taxation matter; (b) the making of payments under any such legislation. (2) The power to make regulations under this section is conferred-- (a) on the Commissioners of Inland Revenue in relation to matters which are under their care and management; and (b) on the Commissioners of Customs and Excise in relation to matters which are under their care and management. (3) For the purposes of this section provision for facilitating the use of electronic communications includes any of the following-- (a) provision authorising persons to use electronic communications for the delivery of information to tax authorities, or for the making of payments to tax authorities; (b) provision requiring electronic communications to be used for the making to tax authorities of payments due from persons using such communications for the delivery of information to those authorities; (c) provision authorising tax authorities to use electronic communications for the delivery of information to other persons or for the making of any payments; (d) provision as to the electronic form to be taken by any information that is delivered to any tax authorities using electronic communications; (e) provision requiring persons to prepare and keep records of information delivered to tax authorities by means of electronic communications, and of payments made to any such authorities by any such means; (f) provision for the production of the contents of records kept in accordance with any regulations under this section; (g) provision imposing conditions that must be complied with in connection with any use of electronic communications for the delivery of information or the making of any payment; (h) provision, in relation to cases where use is made of electronic communications, for treating information as not having been delivered, or a payment as not having been made, unless conditions imposed by any such regulations are satisfied; (i) provision, in relation to such cases, for determining the time when information is delivered or a payment is made; (j) provision, in relation to such cases, for determining the person by whom information is to be taken to have been delivered or by whom a payment is to be taken to have been made; (k) provision, in relation to cases where information is delivered by means of electronic communications, for authenticating whatever is delivered. (4) The power to make provision under this section for facilitating the use of electronic communications shall also include power to make such provision as the persons exercising the power think fit (including provision for the application of conclusive or other presumptions) as to the manner of proving for any purpose-- (a) whether any use of electronic communications is to be taken as having resulted in the delivery of information or the making of a payment; (b) the time of delivery of any information for the delivery of which electronic communications have been used; (c) the time of the making of any payment for the making of which electronic communications have been used; (d) the person by whom information delivered by means of electronic communications was delivered; (e) the contents of anything so delivered; (f) the contents of any records; (g) any other matter for which provision may be made by regulations under this section. (5) Regulations under this section may-- (a) allow any authorisation or requirement for which such regulations may provide to be given or imposed by means of a specific or general direction given by the Commissioners of Inland Revenue or the Commissioners of Customs and Excise; (b) provide that the conditions of any such authorisation or requirement are to be taken to be satisfied only where such tax authorities as may be determined under the regulations are satisfied as to specified matters; (c) allow a person to refuse to accept delivery of information in an electronic form or by means of electronic communications except in such circumstances as may be specified in or determined under the regulations; (d) allow or require use to be made of intermediaries in connection with-- (i) the delivery of information, or the making of payments, by means of electronic communications; or (ii) the authentication or security of anything transmitted by any such means. (6) Power to make provision by regulations under this section shall include power-- (a) to provide for a contravention of, or any failure to comply with, a specified provision of any such regulations to attract a penalty of a specified amount not exceeding £1,000; (b) to provide that specified enactments relating to penalties imposed for the purposes of any taxation matter (including enactments relating to assessments, review and appeal) are to apply, with or without modifications, in relation to penalties under such regulations; (c) to make different provision for different cases; (d) to make such incidental, supplemental, consequential and transitional provision in connection with any provision contained in any such regulations as the persons exercising the power think fit. (7) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons. (8) References in this section to the delivery of information include references to any of the following (however referred to)-- (a) the production or furnishing to a person of any information, account, record or document; (b) the giving, making, issue or surrender to, or service on, any person of any notice, notification, statement, declaration, certificate or direction; (c) the imposition on any person of any requirement or the issue to any person of any request; (d) the making of any return, claim, election or application; (e) the amendment or withdrawal of anything mentioned in paragraphs (a) to (d) above. (9) References in this section to a taxation matter are references to any of the matters which are under the care and management of the Commissioners of Inland Revenue or of the Commissioners of Customs and Excise. (10) In this section--
133 Use of electronic communications under other provisions(1) Without prejudice to section 132 above, where any power to make subordinate legislation for or in connection with the delivery of information or the making of payments is conferred in relation to any taxation matter on-- (a) the Commissioners of Inland Revenue, (b) the Commissioners of Customs and Excise, or (c) the Treasury, that power shall be taken (to the extent that it would not otherwise be so taken) to include power to make any such provision in relation to the delivery of that information or the making of those payments as could be made by any person by regulations in exercise of a power conferred by that section. (2) Provision made in exercise of the powers conferred by section 132 above or subsection (1) above shall have effect notwithstanding so much of any enactment or subordinate legislation as (apart from the provision so made) would require-- (a) any information to be delivered, or (b) any amount to be paid, in a form or manner that would preclude the use of electronic communications for its delivery or payment, or the use in connection with its delivery or payment of an intermediary. (3) Schedule 3A to the [1970 c. 9.] Taxes Management Act 1970 (electronic lodgment of tax returns etc.) shall cease to have effect. (4) Subsection (3) above shall come into force on such day as the Treasury may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes. (5) Expressions used in this section and section 132 above have the same meanings in this section as in that section. Government borrowing etc.134 The Debt Management Account(1) Schedule 5A to the [1968 c. 13.] National Loans Act 1968 (the Debt Management Account) shall be amended in accordance with subsections (2) to (6) below. (2) In paragraph 1(2) (objects of the Treasury's operation of the Debt Management Account), after paragraph (b) there shall be inserted-- " (ba) meeting any request to borrow money from the Treasury, made by the Bank of England; " . (3) After paragraph 5 there shall be inserted-- " 5A (1) Where the Treasury raise money by virtue of paragraph 4 above, they shall exercise their powers under this Schedule so as to secure that the principal amount is repaid within the period of one year beginning with the day on which the money was raised. (2) Nothing in sub-paragraph (1) above shall require the Treasury to repay any amount at any time when-- (a) they are unable to obtain a good discharge for the repayment or they consider that there is a material risk that they would be unable to do so; or (b) it is impracticable to repay the amount. (3) Where-- (a) by virtue of sub-paragraph (2) above, an amount is not repaid within the period mentioned in sub-paragraph (1) above, and (b) the case ceases to be one in relation to which sub-paragraph (2)(a) or (b) applies, the Treasury shall exercise their powers under this Schedule so as to secure that the amount is repaid as soon as is reasonably practicable. (4) Any reference in this paragraph to the repayment of any amount includes a reference to the discharge by way of set-off of the Treasury's liability to repay that amount. " (4) In paragraph 9(1) (payments from Debt Management Account into National Loans Fund in respect of securities or Treasury bills), after "Treasury bills" there shall be inserted "(other than bills issued by virtue of paragraph 4 above)". (5) In paragraph 13(1) (payment into Debt Management Account of sums in respect of payments of interest made from that Account), after "respect of" there shall be inserted "(a)" and after "the Account" there shall be inserted " , and (b) any discount on any Treasury bills issued by virtue of paragraph 4 above. " (6) In paragraph 13(3) (payment into National Loans Fund in respect of payments of interest received or earned by the Debt Management Account), after "respect of" there shall be inserted "(a)" and after "the Account" there shall be inserted " , and (b) any benefit accruing to the Account which, in the opinion of the Treasury, ought to be treated in the same way as such interest. " (7) In section 18 of the [1971 c. 29.] National Savings Bank Act 1971 (securities in which ordinary deposits may be invested), in paragraph (a), for the words "or on the National" to the end there shall be substituted ", on the National Loans Fund with recourse to the Consolidated Fund or on the Debt Management Account with recourse to the National Loans Fund and then to the Consolidated Fund, or". (8) Subsection (6) above has effect in relation to any benefit accruing to the Debt Management Account on or after 1st April 1999. 135 Lending by Revenue Accounts to National Loans Fund(1) Where, at the close of business on any day, a sum stands to the credit of-- (a) the General Account of the Commissioners of Customs and Excise, or (b) the General Account of the Commissioners of Inland Revenue, that sum may be lent to the National Loans Fund on that day. (2) Subsection (1) above does not apply to any sum to the extent that it is required to be paid, on the day in question, in accordance with section 10 of the [1866 c. 39.] Exchequer and Audit Departments Act 1866. (3) A loan made by virtue of subsection (1) above shall be repaid before the close of business on the day after the loan is made or, where that day is not a business day, before the close of business on the next business day. (4) Subject to subsection (3) above, a loan made by virtue of subsection (1) above shall be made in such circumstances, and on such terms and conditions, as the Treasury may from time to time direct. (5) In this section "business day" means any day other than-- (a) a Saturday or Sunday; (b) Good Friday or Christmas Day; (c) a day which, in England and Wales, is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971; (d) a day specified in an order under section 2(1) of that Act (days on which financial dealings are suspended) and declared by that order to be a non-business day for the purposes of this paragraph; or (e) a day appointed by Royal proclamation as a public fast or thanksgiving day. 136 Definition of Government Stock(1) The descriptions of stock and bonds specified in Part I of Schedule 11 to the [1942 c. 21.] Finance Act 1942 (description of Government stock and bonds to which the provisions of that Act regarding transfer and registration apply, and which by virtue of section 16(3) of the [1968 c. 13.] National Loans Act 1968 include descriptions of certain securities issued under that Act) do not include-- (a) any securities (of whatever series) of any of the descriptions specified in subsection (2) below issued before 20th July 1998, or (b) any securities issued on or after 20th July 1998 under the auspices of the Director of Savings. (2) The descriptions referred to in subsection (1) are--
(3) The modifications made by this section shall be deemed always to have had effect. 137 National Savings Bank: disclosure of informationThe following shall be inserted after section 12(2) of the [1971 c. 29.] National Savings Bank Act 1971 (secrecy)-- " (2A) Subsection (1) above shall not prevent the disclosure, by a person authorised by the Director of Savings, of information to any person for a permitted purpose. (2B) A permitted purpose is a purpose connected with the provision of information about-- (a) the business of the National Savings Bank; (b) any other means by which money is raised under the auspices of, by or through the Director of Savings. (2C) A person to whom information is disclosed in pursuance of subsection (2A) above shall not-- (a) use the information for a purpose other than a permitted purpose; (b) disclose the information to any other person. " Supplemental138 InterpretationIn this Act "the [1988 c. 1.] Taxes Act 1988" means the Income and Corporation Taxes Act 1988. 139 Repeals(1) The enactments mentioned in Schedule 20 to this Act (which include provisions that are spent or of no practical utility) are hereby repealed to the extent specified in the third column of that Schedule. (2) The repeals specified in that Schedule have effect subject to the commencement provisions and savings contained or referred to in the notes set out in that Schedule. 140 Short titleThis Act may be cited as the Finance Act 1999. SCHEDULESSection 9. SCHEDULE 1 Rates of vehicle excise duty for goods vehicles etc1 Schedule 1 to the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (annual rates of vehicle excise duty) shall be amended as follows. 2 (1) In sub-paragraph (2A)(b) of paragraph 6 (vehicles which are used for exceptional loads and satisfy the reduced pollution requirements), for "ВЈ4,670" there shall be substituted "ВЈ4,170". (2) In sub-paragraph (3) of that paragraph (weight by reference to which vehicles classified as vehicles used for exceptional loads), for "38,000 kilograms" there shall be substituted "41,000 kilograms". 3 For the Table in paragraph 9(1) (rigid goods vehicles not satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) there shall be substituted--
4 In paragraph 9A(3) (rigid goods vehicles satisfying reduced pollution requirements and with a revenue weight exceeding 44,000 kilograms), for "ВЈ4,670" there shall be substituted "ВЈ4,170". 5 For the Table in paragraph 9B (rigid goods vehicles satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) there shall be substituted--
6 For the Table in paragraph 11(1) (tractive units not satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) there shall be substituted--
7 In paragraph 11A(3) (tractive units satisfying reduced pollution requirements and with a revenue weight exceeding 44,000 kilograms), for "ВЈ4,670" there shall be substituted "ВЈ4,170". 8 For the Table in paragraph 11B (tractive units satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) there shall be substituted--
9 (1) Subject to the following provisions of this paragraph, the preceding provisions of this Schedule apply in relation to licences taken out after 9th March 1999. (2) Sub-paragraph (3) below applies where-- (a) a pre-commencement licence was taken out for a goods vehicle at a rate applicable to a vehicle with a revenue weight falling within a specified range of weights; and (b) the revenue weight of the vehicle at any time on or after 17th April 1999 (though still within the specified range of weights mentioned in paragraph (a) above) is or has been one which, for the purposes of taking out a licence for that vehicle after 9th March 1999, would fall in a range of weights attracting a rate of duty higher than that attracted by the vehicle's licensed weight. (3) For the purposes of section 15 of the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (vehicles becoming chargeable at a higher rate) any use of the vehicle on a public road at a time on or after 17th April 1999 when its revenue weight is or was within sub-paragraph (2)(b) above shall be treated as a use of the vehicle so as to subject it to a rate of duty higher than that at which the pre-commencement licence was taken out. (4) Sub-paragraph (5) below applies where-- (a) a pre-commencement licence was taken out for a goods vehicle at a rate applicable to a vehicle with a revenue weight falling within a specified range of weights; (b) the revenue weight of the vehicle is or has been increased at a time after 9th March 1999; and (c) the revenue weight of the vehicle immediately after the increase (though still within the specified range of weights mentioned in paragraph (a) above) is or was one which, for the purposes of taking out a licence for that vehicle after 9th March 1999, would fall in a range of weights attracting a rate of duty higher than that attracted by the vehicle's licensed weight. (5) For the purposes of section 15 of the [1994 c. 22.] Vehicle Excise and Registration Act 1994 (vehicles becoming chargeable at a higher rate) any use of the vehicle on a public road after the increase in its revenue weight shall be treated (if it would not otherwise be so treated by virtue of sub-paragraph (3) above) as a use of the vehicle so as to subject it to a rate of duty higher than that at which the pre-commencement licence was taken out. (6) In this paragraph--
Section 16. SCHEDULE 2 VAT: groups of companiesAmendment of Value Added Tax Act 1994Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 -- Back --
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