Finance Act 2003 (c. 14)
(The document as of February, 2008)
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Finance Act 2003
2003 CHAPTER 14
CONTENTS
Content
Part 1
Excise duties
Tobacco products duty
1. Rates of tobacco products duty
Alcoholic liquor duties
2. Rate of duty on beer
3. Rates of duty on wine and made-wine
Hydrocarbon oil duties
4. Rates of hydrocarbon oil duties
5. Rebates on hydrocarbon oil duties
Betting and gaming duties
6. General betting duty and pool betting duty: relief for losses
7. General betting duty: betting exchanges
8. General betting duty: restriction of exemption for on-course bets
9. Bingo duty
10. Amusement machines not operated by coins or tokens
11. Amusement machines: use of currencies other than sterling
12. Responsibility for unlicensed amusement machines
13. Rates of gaming duty
Vehicle excise duty
14. Vehicle excise duty: rates
15. Disclosure for exemptions: Northern Ireland
16. Duty at higher rate: exception for tractive units
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Part 2
Value added tax
17. Requirement of evidence or security
18. Joint and several liability for unpaid VAT of another trader
19. Face-value vouchers
20. Supplies arising from prior grant of fee simple
21. Business gifts
22. Non-business use of business property
23. Supply of electronic services in member States: special accounting scheme
Part 3
Taxes and duties on importation and exportation: penalties
Preliminary
24. Introductory
The penalties
25. Penalty for evasion
26. Penalty for contravention of relevant rule
27. Exceptions from section 26
28. Liability of directors etc where body corporate liable to penalty for evasion
Reduction of amount of penalty
29. Reduction of penalty under section 25 or 26
Demand notices
30. Demands for penalties
31. Time limits for demands for penalties
32. No prosecution after demand notice for penalty under section 26
Reviews
33. Right to review of certain decisions
34. Time limit and right to further review
35. Powers of Commissioners on a review
Appeals
36. Appeals to a tribunal
37. Appeal tribunals
Evidence
38. Admissibility of certain statements and documents
Miscellaneous and supplementary
39. Service of notices
40. Penalties not to be deducted for income tax or corporation tax purposes
41. Regulations and orders
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Part 4
Stamp duty land tax
Introduction
42. The tax
Land transactions
43. Land transactions
44. Contract and conveyance
45. Contract and conveyance: effect of transfer of rights
46. Options and rights of pre-emption
47. Exchanges
Chargeable interests, chargeable transactions and chargeable consideration
48. Chargeable interests
49. Chargeable transactions
50. Chargeable consideration
51. Contingent, uncertain or unascertained consideration
52. Annuities etc: chargeable consideration limited to twelve years' payments
53. Deemed market value where transaction involves connected company
54. Exceptions from deemed market value rule
Amount of tax chargeable
55. Amount of tax chargeable: general
56. Amount of tax chargeable: rent
Reliefs
57. Disadvantaged areas relief
58. Relief for certain exchanges of residential property
59. Relocation relief
60. Compulsory purchase facilitating development
61. Compliance with planning obligations
62. Group relief and reconstruction or acquisition relief
63. Demutualisation of insurance company
64. Demutualisation of building society
65. Incorporation of limited liability partnership
66. Transfers involving public bodies
67. Transfer in consequence of reorganisation of parliamentary constituencies
68. Charities relief
69. Acquisition by bodies established for national purposes
70. Right to buy transactions, shared ownership leases etc
71. Certain acquisitions by registered social landlord
72. Alternative property finance: land sold to financial institution and leased to individual
73. Alternative property finance: land sold to financial inst
etc">82. Loss or destruction of, or damage to, return etc
83. Formal requirements as to assessments, penalty determinations etc
84. Delivery and service of documents
Liability for and payment of tax
85. Liability for tax
86. Payment of tax
87. Interest on unpaid tax
88. Interest on penalties
89. Interest on repayment of tax overpaid etc
90. Application to defer payment in case of contingent or uncertain consideration
91. Collection and recovery of tax etc
92. Payment by cheque
Compliance
93. Information powers
94. Power to inspect premises
95. Offence of fraudulent evasion of tax
96. Penalty for assisting in preparation of incorrect return etc
97. Power to allow further time and reasonable excuse for failure
98. Admissibility of evidence not affected by offer of settlement etc
99. General provisions about penalties
Application of provisions
100. Companies
101. Unit trust schemes
102. Open-ended investment companies
103. Joint purchasers
104. Partnerships
105. Trustees
106. Persons acting in a representative capacity etc
107. Crown application
Supplementary provisions
108. Linked transactions
109. General power to vary this Part by regulations
110. Approval of regulations under general power
111. Claim for repayment if regulations under general power not approved
112. Power to amend certain provisions before implementation
113. Functions conferred on "the Inland Revenue"
114. Orders and regulations made by the Treasury or the Inland Revenue
115. General and Special Commissioners, appeals and other proceedings
Interpretation etc
116<
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Part 5
Stamp duty
125. Abolition of stamp duty except on instruments relating to stock or marketable securities
126. Circumstances in which group relief withdrawn
127. Circumstances in which relief for company acquisitions withdrawn
128. Exemption of certain leases granted by registered social landlords
129. Relief for certain leases granted before section 128 has effect
130. Registered social landlords: treatment of certain leases granted between 1st January 1990 and 27 March 2000
Part 6
Income tax and corporation tax: charge and rate bands
Income tax
131. Charge and rates for 2003-04
132. Indexed rate bands for 2003-04: PAYE deductions etc
Corporation tax
133. Charge and main rate for financial year 2004
134. Small companies' rate and fraction for financial year 2003
135. Corporation tax starting rate and fraction for financial year 2003
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Part 7
Income tax, corporation tax and capital gains tax: general
Employment income and related matters
136. Provision of services through intermediary
137. Exemption where homeworker's additional expenses met by employer
138. Taxable benefits: lower threshold for cars with a CO2 emissions figure
139. Approved share plans and schemes
140. Employee securities and options
141. Corporation tax relief for employee share acquisitions
142. Ending of relief for contributions to QUESTS
143. Restriction of deductions for employee benefit contributions
144. PAYE on notional payments: reimbursement period
145. PAYE: regulations and notional payments
146. Payroll giving: extension of 10% supplement to 5th April 2004
147. Sub-contractor deductions etc: interest on late payment or repayment
Taxation of non-resident companies and related matters
148. Meaning of "permanent establishment"
149. Non-resident companies: basis of charge to corporation tax
150. Non-resident companies: assessment, collection and recovery of corporation tax
151. Non-resident companies: extent of charge to income tax
152. Non-resident companies: transactions carried out through broker, investment manager or Lloyd's agent
153. General replacement of references to branch or agency of company
154. Double taxation relief: profits attributable to overseas permanent establishment
155. Consequential amendments
156. Overseas life insurance companies
Chargeable gains
157. Life insurance policies and deferred annuity contracts
158. Application of market value rule in case of exercise of option
159. Reporting limits and annual exempt amount
160. Taper relief: assets qualifying as business assets
161. Earn-out rights to
machinery">167. First-year allowances for expenditure on environmentally beneficial plant or machinery
168. Relief for research and development
169. Tonnage tax: extension of capital allowance restrictions on lessors of ships
Life insurance and pensions
170. Insurance companies
171. Policies of life insurance etc: miscellaneous amendments
172. Charges under life insurance policies for exceptional risk of disability
173. Gains on policies of life insurance etc: rate of tax
174. Personal pension arrangements: limit on contributions
Miscellaneous
175. Payments to adopters
176. Foster carers
177. Currency contracts and currency options
178. Loan relationships: amendments
179. Derivative contracts: transactions within groups
180. Contributions to urban regeneration companies
181. Repos etc
182. Relevant discounted securities: withdrawal of relief for costs and losses, etc
183. Court common investment funds
184. Intangible fixed assets: tax avoidance arrangements and related parties
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Part 8
Other taxes
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Inheritance tax
185. Gifts with reservation
186. Authorised unit trusts, OEICs and common investment funds
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Landfill tax
187. Rate of landfill tax
Climate change levy
188. Exemption for fuel used in recycling processes
189. CHP exemption to be based on current efficiency
190. Supplies not known to be taxable when made, etc
191. Deemed supplies
192. Amendments about registration, payment etc
193. Electricity from renewable sources etc
Insurance premium tax
194. Higher rate of tax: divided companies
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Part 9
Miscellaneous and supplementary provisions
Provisions consequential on changes to company law
195. Companies acquiring their own shares
196. Companies in administration
International matters
197. Exchange of information between tax authorities of member States
198. Arrangements for mutual exchange of tax information
199. Savings income: Community obligations and international arrangements
200. Controlled foreign companies: exempt activities
201. Application of CFC provisions to Hong Kong and Macao companies
Administrative matters
202. Deduction of tax from interest: recognised clearing houses etc
203. Authorised unit trusts: interest distributions paid gross
204. Mandatory electronic payment by large employers
205. Use of electronic means of payment under other provisions
206. Admissibility of evidence not affected by offer of settlement etc
207. Consequential claims etc
National Savings
208. Ordinary accounts and investment accounts
209. Abolition of accounting requirements relating to investment deposits
Other financial matters
210. Payments for service of national debt
211. Definition of liabilities and assets of National Loans Fund
212. Accounts of Consolidated Fund and National Loans Fund
213. Debt Management Account: abolition of borrowing cap
214. Payments in error from or to National Loans Fund
Supplementary
215. Interpretation
216. Repeals
217. Short title
Schedule 1
VAT: face-value vouchers
Schedule 2
Supply of electronic services in member States: VAT special accounting scheme
Schedule 3
Stamp duty land tax: transactions exempt from charge
Schedule 4
Stamp duty land tax: chargeable consideration
Schedule 5
Stamp duty land tax: amount of tax chargeable: rent
Schedule 6
Stamp duty land tax: disadvantaged areas relief
Part 1
Disadvantaged areas
Part 2
Land wholly situated in a disadvantaged area
Part 3
Land partly situated in a disadvantaged area
Part 4
Interpretation
Schedule 7
Stamp duty land tax: group relief and reconstruction and acquisition reliefs
Part 1
Group relief
Part 2
Reconstruction and acquisition reliefs
Schedule 8
Stamp duty land tax: charities relief
Schedule 9
Stamp duty land tax: right to buy, shared ownership leases etc
Schedule 10
Stamp duty land tax: returns, enquiries, assessments and appeals
Part 1
Land transaction returns
Part 2
Duty to keep and preserve records
Part 3
Enquiry into return
Part 4
Revenue determination if no return delivered
Part 5
Revenue assessments
Part 6
Relief in case of excessive assessment
Part 7
Appeals against Revenue decisions on tax
Schedule 11
Stamp duty land tax: self-certificates
Part 1
General
Part 2
Duty to keep and preserve records
Part 3
Enquiry into self-certificate
Schedule 12
Stamp duty land tax: collection and recovery of tax
Part 1
General
Part 2
Court proceedings
Schedule 13
Stamp duty land tax: information powers
Part 1
Power of authorised officer to call for documents or information from taxpayer
Part 2
Power of authorised officer to call for documents from third party
Part 3
Power to call for papers of tax accountant
Part 4
Restrictions on powers under Parts 1 to 3
Part 5
Powers of board to call for documents or information
Part 6
Order of judicial authority for the delivery of documents
Part 7
Entry with warrant to obtain evidence of offence
Part 8
Falsification etc of documents
Schedule 14
Stamp duty land tax: determination of penalties and related appeals
Schedule 15
Stamp duty land tax: partnerships
Part 1
General provisions
Part 2
Ordinary partnership transactions
Part 3
Transactions excluded from stamp duty land tax
Schedule 16
Stamp duty land tax: trusts and powers
Schedule 17
Stamp duty land tax: General and Special Commissioners, appeals and other proceedings
Schedule 18
Stamp duty land tax: consequential amendments
Schedule 19
Stamp duty land tax: commencement and transitional provisions
Schedule 20
Stamp duty: restriction to instruments relating to stock or marketable securities
Part 1
Supplementary provisions
Part 2
Consequential amendments and repeals
Schedule 21
Approved share plans and schemes
Part 1
Share incentive plans
Part 2
SAYE option schemes
Part 3
CSOP schemes
Schedule 22
Employee securities and options
Schedule 23
Corporation tax relief for employee share acquisition
Part 1
General provisions
Part 2
Award of shares
Part 3
Grant of option
Part 4
Provisions applying in case of shares subject to forfeiture
Part 5
Supplementary provisions
Part 6
Commencement and transitional provisions
Schedule 24
Restriction of deductions for employee benefit contributions
Schedule 25
Determination of profits attributable to permanent establishment: supplementary provisions
Schedule 26
Non-resident companies: transactions through broker, investment manager or Lloyd's agent
Schedule 27
Permanent establishment etc: consequential amendments
Schedule 28
Capital gains tax: reporting limits and annual exempt amount
Part 1
Reporting limits
Part 2
Annual exempt amount
Part 3
Commencement
Schedule 29
Transfers of value: attribution of gains to beneficiaries
Schedule 30
First-year allowances for expenditure on environmentally beneficial plant or machinery
Schedule 31
Tax relief for expenditure on research and development
Part 1
Small and medium-sized enterprises: Schedule 20 to Finance Act 2000
Part 2
Large companies: Part 1 of Schedule 12 to Finance Act 2002
Part 3
Work sub-contracted to SMEs: Part 2 of Schedule 12 to Finance Act 2002
Part 4
Entitlement of SME to certain relief available to large companies
Part 5
Supplementary: amendments to Parts 3 to 6 of Schedule 12 to Finance Act 2002
Part 6
Expenditure on vaccine research etc: Schedule 13 to Finance Act 2002
Schedule 32
Tonnage tax: restrictions on capital allowances for lessors of ships
Schedule 33
Insurance companies
Schedule 34
Policies of life insurance etc: miscellaneous amendments
Part 1
Group life policies
Part 2
Charitable and non-charitable trusts
Part 3
Meaning of "life annuity"
Part 4
Rollover of gain on maturity into new policy
Schedule 35
Gains on policies of life insurance etc: rate of tax
Schedule 36
Foster carers
Part 1
Introduction
Part 2
The exemption and the alternative methods of calculation
Part 3
Capital allowances
Part 4
Supplementary
Schedule 37
Loan relationships: amendments
Part 1
Amendments to Schedule 9 to the Finance Act 1996
Part 2
Transitional provisions
Schedule 38
Sale and repurchase of securities etc
Schedule 39
Relevant discounted securities: withdrawal of relief for costs and losses, etc
Schedule 40
Acquisition by company of its own shares
Schedule 41
Companies in administration
Schedule 42
Controlled foreign companies: exempt activities
Schedule 43
Repeals
Part 1
Excise duties
Part 2
Value added tax
Part 3
Income tax, corporation tax and capital gains tax
Part 4
Other taxes
Part 5
Miscellaneous
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.
[10th July 2003]
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. Cigarettes | An amount equal to 22 per cent of the retail price plus £96.88 per thousand cigarettes. |
| 2. Cigars | £141.10 per kilogram. |
| 3. Hand-rolling tobacco | £101.42 per kilogram. |
| 4. Other smoking tobacco and chewing tobacco | £62.03 per kilogram. " |
(2) This section shall be deemed to have come into force at 6 o'clock in the evening of 9th April 2003.
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 "£11.89" substitute "£12.22".
(2) This section shall be deemed to have come into force at midnight on 13th April 2003.
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-wine | Rates of duty per hectolitre |
|---|
| £ |
|---|
| Wine or made-wine of a strength not exceeding 4 per cent | 48.91 |
| Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent | 67.25 |
| Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not sparkling | 158.69 |
| Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent | 166.70 |
| 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 cent | 220.54 |
| Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent | 211.58 " |
(2) This section shall be deemed to have come into force at midnight on 13th April 2003.
Hydrocarbon oil duties
4 Rates of hydrocarbon oil duties
(1) In section 6(1A) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (rates of duty)--
(a) in paragraph (a) (ultra low sulphur petrol) for "£0.4582" substitute "£0.4710",
(b) in paragraph (b) (other light oil) for "£0.5468" substitute "£0.5620",
(c) in paragraph (c) (ultra low sulphur diesel) for "£0.4582" substitute "£0.4710", and
(d) in paragraph (d) (other heavy oil) for "£0.5182" substitute "£0.5327".
(2) In section 6AA(3) of that Act (biodiesel duty) for "£0.2582" substitute "£0.2710".
(3) In section 13A(1) of that Act (rebate on unleaded petrol) for "£0.0586" substitute "£0.0601".
(4) This section shall come into force on 1st October 2003.
5 Rebates on hydrocarbon oil duties
(1) In section 11(1) of the Hydrocarbon Oil Duties Act 1979 (rebate on heavy oil)--
(a) in paragraph (a) (fuel oil) for "£0.0274" substitute "£0.0382",
(b) in paragraph (b) (gas oil: general) for "£0.0313" substitute "£0.0422", and
(c) in paragraph (ba) (ultra low sulphur diesel) for "£0.0313" substitute "£0.0422".
(2) In section 14(1) of that Act (furnace fuel) for "£0.0274" substitute "£0.0382".
(3) This section shall be deemed to have come into force at 6 o'clock in the evening of 9th April 2003.
Betting and gaming duties
6 General betting duty and pool betting duty: relief for losses
(1) Part 1 of the Betting and Gaming Duties Act 1981 (c. 63) (betting duties) is amended as follows.
(2) In section 5 (net stake receipts) at the end of subsection (3) (negative net stake receipts to be disregarded) insert "except as provided for by section 5AA".
(3) After that section insert--
" 5AA Relief for losses
(1) This section applies where the amount of a person's net stake receipts for an accounting period in respect of a class of bets (calculated in accordance with section 5(1)) is a negative amount.
(2) That amount shall be carried forward to the following accounting period and, to the extent that it does not exceed it, deducted from the amount of the person's net stake receipts in respect of the same class of bets for that period.
(3) If the amount of those net stake receipts for that following accounting period--
(a) is not a positive amount, or
(b) is less than the amount carried forward,
the amount carried forward or, as the case may be, the balance of it shall be treated for the purposes of this section as if it were a negative amount of net stake receipts for that period in respect of the same class of bets. " .
(4) Omit section 5A (multiple bets) (which becomes unnecessary as a result of the amendment made by subsection (3) above).
(5) After section 7 (duty charged on net pool betting receipts) insert--
" 7ZA Relief for losses
(1) This section applies where the amount of a person's net pool betting receipts for an accounting period is a negative amount.
(2) That amount shall be carried forward to the following accounting period and, to the extent that it does not exceed it, deducted from the amount of the person's net pool betting receipts for that period.
(3) If the amount of the net pool betting receipts for that following accounting period--
(a) is not a positive amount, or
(b) is less than the amount carried forward,
the amount carried forward or, as the case may be, the balance of it shall be treated for the purposes of this section as if it were a negative amount of net pool betting receipts for that period. " .
(6) The amendments made by this section apply in relation to any accounting period beginning on or after 1st September 2003 for which the net stake receipts in respect of a particular class of bets, or (as the case may be) the net pool betting receipts, is a negative amount.
7 General betting duty: betting exchanges
(1) Part 1 of the Betting and Gaming Duties Act 1981 (c. 63) (betting duties) is amended as follows.
(2) After section 5AA (inserted by section 6 above) insert--
" 5AB Betting exchanges
(1) This section applies where--
(a) one person makes a bet with another person using facilities provided by a third person in the course of a business, and
(b) that business is one that does not involve the provision of premises for use by persons making or taking bets.
(2) General betting duty shall be charged on the amounts ("commission charges") that the parties to the bet are charged, whether by deduction from winnings or otherwise, for using those facilities.
(3) No deductions shall be allowed from commission charges.
(4) The amount of duty charged under this section in respect of bets determined in an accounting period shall be 15 per cent of the commission charges relating to those bets.
(5) For the purposes of this section, and section 5B(4) so far as relating to this section, a person who arranges for facilities relating to a bet to be provided by another person shall be treated as providing them himself (and the other person shall not). " .
(3) In section 5B (liability to pay)--
(a) for subsection (1) substitute--
" (1) All general betting duty chargeable in respect of--
(a) bets made in an accounting period, or
(b) in the case of duty chargeable under section 5AB, bets determined in an accounting period,
shall become due at the end of that period. " ;
(b) in subsection (4), after "section 4(1) to (3)" insert "or 5AB".
(4) In section 5C (bet-brokers)--
(a) in paragraph (a) of subsection (1) (application of section) after "in the course of a business" insert ", other than a betting-exchange business,";
(b) at the end of that subsection insert--
" In paragraph (a) "betting-exchange business" means a business such as is mentioned in section 5AB(1). " ;
(c) omit subsections (2) (bet treated as made between bettor and bet-broker) and (3) (subsection (2) not to apply to off-course bets where bet-taker is a bookmaker);
(d) in subsection (4) omit the words "In the case of a bet which is excluded from subsection (2) by virtue of subsection (3),".
(5) The amendments made by this section apply in relation to any accounting period beginning on or after 1st June 2003.
(6) Those amendments do not apply in relation to a bet (a "straddling bet") that is--
(a) made, using facilities provided by a person ("the broker"), in an accounting period of the broker beginning before 1st June 2003, but
(b) not determined until an accounting period of the broker beginning on or after that date.
(7) Any winnings paid in respect of a straddling bet to which section 5AB of the Betting and Gaming Duties Act 1981 (c. 63) would apply but for subsection (6) above shall be treated for the purposes of that Act as paid in the broker's accounting period in which the bet was made ("the earlier accounting period").
(8) Subsection (7) shall not have effect to reduce the general betting duty payable by the broker for the earlier accounting period; but the amount of the reduction that would (but for this subsection) have been made for that period shall be set against any liability of the broker to general betting duty for accounting periods in the following three years, taking earlier periods before later ones until the amount is exhausted.
8 General betting duty: restriction of exemption for on-course bets
(1) In section 12(4) of the Betting and Gaming Duties Act 1981 (general betting duty: supplementary provisions), in the definition of "on-course bet" for "a meeting" substitute "a horse or dog race meeting".
(2) This section applies to bets made on or after 1st September 2003.
9 Bingo duty
(1) For sections 17 to 20 of the Betting and Gaming Duties Act 1981 (bingo duty) substitute--
" 17 Bingo duty
(1) A duty of excise, to be known as bingo duty, shall be charged--
(a) on the playing of bingo in the United Kingdom, and
(b) at the rate of 15 per cent of a person's bingo promotion profits for an accounting period.
(2) Subsection (1) is subject to the exemptions specified in Part 1 of Schedule 3 to this Act.
(3) The amount of a person's bingo promotion profits for an accounting period is--
(a) the amount of the person's bingo receipts for the period (calculated in accordance with section 19), minus
(b) the amount of his expenditure on bingo winnings for the period (calculated in accordance with section 20).
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