Finance Act 2006 (c. 25)

(The document as of February, 2008)

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Part 3 Consequential amendments

Interest

26 (1) Section 826 of ICTA (interest on tax overpaid etc) is amended as follows.

(2) In subsection (1) (payments that carry interest) after paragraph (e) insert-- " ; or

(f) a payment of film tax credit falls to be made to a company. " .

(3) After subsection (3B) insert--

" (3C) In relation to a payment of film tax credit the material date is whichever is the later of--

(a) the filing date for the company's company tax return for the accounting period for which the tax credit is payable, and

(b) the date on which the company tax return or amended company tax return containing the claim for payment is delivered to an officer of Revenue and Customs.

For this purpose "the filing date", in relation to a company tax return, has the same meaning as in Schedule 18 to the Finance Act 1998. " .

(4) In subsection (8A) (recovery of overpaid amounts)--

(a) in paragraph (a), for "or (e)" substitute ", (e) or (f)";

(b) in paragraph (b)(ii) after "life assurance company tax credit" insert "or film tax credit".

(5) In subsection (8B) after "life assurance company tax credit" (twice) insert "or film tax credit".

Claim to be made in tax return

27 In Schedule 18 to FA 1998 (company tax returns), in paragraph 10 (other claims etc to be included in return), after sub-paragraph (3) insert--

" (4) A claim to which Part 9D of this Schedule applies (claims for film tax relief) can only be made by being included in a company tax return (see paragraph 83T). " .

Recovery of excessive film tax credit

28 In paragraph 52 of that Schedule (recovery of excessive repayments etc)--

(a) in sub-paragraph (2) (excessive repayments etc to which paragraphs 41 to 48 apply), after paragraph (bc) insert--

" (bd) film tax credit, " ;

(b) in sub-paragraph (5) (connection of assessment for excessive payment to an accounting period), after paragraph (ad) insert--

" (ae) an amount of film tax credit paid to a company for an accounting period, " ;

Claims for film tax credits

29 After Part 9C of that Schedule insert--

" Part 9D Claims for film tax relief

83S Introduction

This Part of this Schedule applies to claims for film tax relief.

83T Claim to be included in company tax return

(1) A claim to which this Part of this Schedule applies must be made by being included in the claimant company's tax return for the accounting period for which the claim is made.

(2) It may be included in the return originally made or by amendment.

83U Content of claim

A claim to which this Part of this Schedule applies must specify the amount of the relief claimed, which must be an amount quantified at the time the claim is made.

83V Amendment or withdrawal of claim

A claim to which this Part of this Schedule applies may be amended or withdrawn by the claimant company only by amending its company tax return.

83W Time limits for claim

(1) A claim to which this part of this Schedule applies may be made, amended or withdrawn at any time up to the first anniversary of the filing date for the company tax return of the claimant company for the accounting period for which the claim is made.

(2) The claim may be made, amended or withdrawn at a later date if an officer of Revenue and Customs allows it.

83X Penalty

(3) The company is liable to a penalty where it--

(a) fraudulently or negligently makes a claim for a film tax credit that is incorrect, or

(b) discovers that a claim for a film tax credit made by it (neither fraudulently nor negligently) is incorrect and does not remedy the error without unreasonable delay.

(4) The penalty is an amount not exceeding the excess film tax credit claimed, that is, the difference between--

(a) the amount (if any) of the film tax credit to which the company is entitled for the accounting period to which the claim relates, and

(b) the amount of the film tax credit claimed by the company for that period. " .

Part 4 Provisional entitlement to relief

Introduction

30 (1) In this Part of this Schedule--

"the company" means the film production company;
"the final accounting period" means the accounting period of the company in which--
(a)
the film is completed, or
(b)
where the company does not complete the film, it abandons film-making activities in relation to it;
"interim accounting period" means any earlier accounting period of the company during which film-making activities are carried on in relation to the film;
"interim certificate" and "final certificate" refer to certificates under Schedule 1 to the Films Act 1985 (c. 21) (certification of films as British films for purposes of film tax relief);
"relief" means--
(a)
film tax relief, or
(b)
relief under section 45 (transfer of terminal losses from one qualifying film to another).

(2) The company tax return of the company for the final accounting period must state that the film has been completed or, as the case may be, that the company has abandoned film-making activities in relation to it.

Certification as a British film

31 (1) The company is not entitled to relief for an interim accounting period unless its company tax return for the period is accompanied by an interim certificate.

(2) If an interim certificate ceases to be in force (otherwise than on being superseded by a final certificate) or is revoked, the company--

(a) is not entitled to relief for any period for which its entitlement depended on the certificate, and

(b) must amend accordingly its company tax return for any such period.

(3) If the film is completed by the company--

(a) its company tax return for the final accounting period must be accompanied by a final certificate;

(b) if that requirement is met, the final certificate has effect for the final accounting period and for any interim accounting period;

(i) is not entitled to relief for any period, and

(ii) must amend accordingly its company tax return for any period for which relief was claimed.

(4) If the company abandons film-making activities in relation to the film--

(a) its company tax return for the final accounting period may be accompanied by an interim certificate; and

(b) the abandonment of film-making activities does not affect any entitlement to relief in that or any previous accounting period.

(5) If a final certificate is revoked, the company--

(a) is not entitled to relief for any period, and

(b) must amend accordingly its company tax return for any period for which relief was claimed.

The UK expenditure condition

32 (1) The company is not entitled to relief for an interim accounting period unless--

(a) its company tax return for the period states the amount of planned core expenditure on the film that is UK expenditure, and

(b) that amount is such as to indicate that the condition in section 41 (the UK expenditure condition) will be met on completion of the film.

If those requirements are met, the company is provisionally treated in relation to that period as if that condition was met.

(2) If such a statement is made but it subsequently appears that condition will not be met on completion of the film, the company--

(a) is not entitled to relief for any period for which its entitlement depended on such a statement, and

(b) must amend accordingly its company tax return for any such period.

(3) When the film is completed or, as the case may be, the company abandons film-making activities in relation to it--

(a) the company tax return for the final accounting period must--

(i) state that the film has been completed or, as the case may be, the company has abandoned film-making activities in relation to it, and

(ii) be accompanied by a final statement of the amount of core expenditure on the film that is UK expenditure; and

(b) if the return shows that the condition in section 41 is not met, the company--

(i) is not entitled to relief for any period, and

(ii) must amend accordingly its company tax return for any period for which relief was claimed.

Whether film a limited-budget film

33 (1) The company is not entitled to film tax relief for an interim accounting period on the basis that the film is a limited-budget film unless--

(a) its company tax return for the period states the amount of planned core expenditure on the film, and

(b) that amount is such as to indicate that the condition in section 34(2) (definition of "limited-budget film") will be met on completion of the film.

In that case, the film is provisionally treated in relation to that period as if that condition was met.

(2) If it subsequently appears that the condition will not be met on completion of the film, the company--

(a) is not entitled to film tax relief for any period on the basis that the film is a limited-budget film, and

(b) must amend accordingly its company tax return for any such period for which relief has been claimed on that basis.

(3) When the film is completed or, as the case may be, the company abandons film-making activities in relation to it--

(a) its company tax return for the final accounting period must--

(i) state that the film has been completed or, as the case may be, the company has abandoned film-making activities in relation to it, and

(ii) be accompanied by a final statement of the core expenditure on the film; and

(b) if the return shows that the film is not a limited-budget film, or (as the case may be) that having regard to the proportion of work on the film that was completed, it would not have been a limited-budget film if it had been completed, the company--

(i) is not entitled to film tax relief for any period on the basis that the film is a limited-budget film, and

(ii) must amend accordingly its company tax return for any period for which such relief was claimed on that basis.

Time limit for amendments and assessments

34 Any amendment or assessment necessary to give effect to the provisions of this Part of this Schedule may be made notwithstanding any limitation on the time within which an amendment or assessment may normally be made.

Section 76

SCHEDULE 6 Avoidance involving financial arrangements

Repeal of rent factoring provisions

1 (1) Sections 43A to 43G of ICTA (rent factoring) shall cease to have effect.

(2) The amendment made by this paragraph has effect in relation to transactions entered into on or after 6th June 2006.

Dividend stripping: subsequent sales etc of rights to receive dividends etc

2 (1) Section 730 of ICTA (transfers of rights to receive distributions in respect of shares) is amended as follows.

(2) Omit subsection (3) (proceeds of subsequent sales etc of rights to receive distributions not to be regarded as income of the seller etc).

(3) The amendment made by this paragraph has effect in relation to sales or other realisations on or after 20th January 2006.

Deemed interest: cash collateral under stock lending arrangements

3 (1) After section 736B of ICTA (deemed manufactured payments in the case of stock lending arrangements) insert--

" 736C Deemed interest: cash collateral under stock lending arrangements

(1) This section applies where--

(a) the borrower under a stock lending arrangement is treated under section 736B(2) as paying under that arrangement an amount representative of interest on any securities ("the relevant securities"),

(b) an amount of money ("cash collateral") is payable to or for the benefit of the lender for the purpose of securing the discharge of the requirement to transfer the relevant securities back to the lender,

(c) the stock lending arrangement is designed to produce a return to the borrower which equates, in substance, to the return on an investment of money at interest, and

(d) the main purpose, or one of the main purposes, of the stock lending arrangement is the obtaining of a tax advantage.

(2) Where this section applies--

(a) the Tax Acts are to apply as if the borrower receives an amount of interest payable in respect of the cash collateral, and

(b) the amount of the interest is calculated in accordance with the following provisions of this section (see, in particular, subsections (3) to (7)).

(3) The interest is treated for the purposes of the Tax Acts as if it were received on the date ("the return date") on which the borrower transfers the relevant securities back to the lender.

(4) The interest is treated for the purposes of the Tax Acts as if it were payable in respect of the period ("the interest period")--

(a) beginning with the date on which the lender transfers the relevant securities to the borrower, and

(b) ending with the return date.

(5) The rate of interest payable in respect of the cash collateral is a rate that is reasonably comparable to the rate that the borrower could obtain by placing the cash collateral on deposit for the interest period.

(6) For the purposes of this section, the amount of the cash collateral on which the interest is payable is taken to be--

(a) in any case where the amount of the cash collateral varies at any time on or before the return date, the highest amount of the cash collateral at any time on or before the return date, and

(b) in any other case, the amount of the cash collateral as at the return date.

(7) The amount of the interest which the borrower is treated as receiving in respect of the cash collateral for the interest period is reduced (but not below nil) by any interest which the borrower actually receives in respect of that collateral for that period.

(8) If the borrower is a person within the charge to income tax, the interest which the borrower is treated as receiving is charged to income tax under Chapter 2 of Part 4 of ITTOIA 2005 (interest).

(9) If the borrower is a company within the charge to corporation tax--

(a) the interest which the borrower is treated as receiving is treated for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (loan relationships) as payable to it on a money debt,

(b) that money debt is treated for those purposes as a relationship to which section 100 of the Finance Act 1996 applies (money debts etc not arising from the lending of money), and

(c) the credits to be brought into account for those purposes in respect of the interest must be determined using an amortised cost basis of accounting.

(10) The fact that the borrower is treated as receiving an amount of interest is not to be taken as implying that the interest is payable by the lender or any other person.

(11) For the purposes of this section--

"money" includes money expressed in a currency other than sterling,
"stock lending arrangement" and "securities" have the same meanings as in section 263B of the 1992 Act,
"tax advantage" has the meaning given by section 709(1).

(12) For the purposes of this section--

(a) any reference to the transfer of securities back has the same meaning as in section 263B of the 1992 Act (see, in particular, sections 263B(5) and 263C(1) of that Act), but

(b) if it becomes apparent that the borrower will not comply with the requirement to transfer any securities back, the borrower is treated as if he transfers them back on the date on which it becomes so apparent.

(13) For the purposes of this section it does not matter--

(a) whether the cash collateral is payable by the borrower or by any other person,

(b) whether the cash collateral is payable under the stock lending arrangement or under any other arrangement,

(2) Section 736C of ICTA has effect in relation to any stock lending arrangement made on or after 5th December 2005.

(3) In relation to any stock lending arrangement made on or after that date but before 22nd March 2006, that section has effect as if subsection (6) were omitted.

(4) If--

(a) a stock lending arrangement was made before 5th December 2005 in respect of any securities ("the original securities"), and

(b) on or after that date the lender under the stock lending arrangement transfers securities ("the substituted securities") in substitution for some or all of the original securities,

section 736C of ICTA has effect as if that arrangement were made on the date of the substitution (and the substituted securities were the relevant securities).

Quasi-stock lending arrangements and quasi-cash collateral

4 (1) In section 736B of ICTA (deemed manufactured payments in the case of stock lending arrangements) at the end insert--

" (4) See section 736D for provision treating certain arrangements as stock lending arrangements for the purposes of this section. " .

(2) In section 736C of ICTA (deemed interest: cash collateral under stock lending arrangements), as inserted by paragraph 3 above, at the end insert--

" (14) See section 736D--

(a) for provision treating certain arrangements as stock lending arrangements for the purposes of this section, and

(b) for provision treating certain amounts as cash collateral for those purposes. " .

(3) After that section insert--

" 736D Quasi-stock lending arrangements and quasi-cash collateral

(1) In this section "quasi-stock lending arrangement" means so much of any arrangements between two or more persons as are not stock lending arrangements, but are arrangements under which--

(a) a person ("the lender") transfers securities to another person ("the borrower"), and

(b) a requirement is imposed on a person to transfer any or all of the securities, or any other property, back to the lender or any other person,

and it does not matter whether the person on whom that requirement is imposed is the borrower or any other person.

(2) In this section "quasi-cash collateral", in relation to any stock lending arrangement or quasi-stock lending arrangement, means--

(a) any money which is payable for a relevant purpose, plus

(b) any other property which is transferable for a relevant purpose.

(3) Money or other property is payable or transferable for a relevant purpose if it is payable or transferable to or for the benefit of--

(a) the lender under the stock lending arrangement or quasi-stock lending arrangement, or

(b) a person connected with that lender,

for the purpose of securing the discharge of the requirement to transfer any or all of the securities, or any other property, back to that lender or any other person.

(4) For the purposes of sections 736B and 736C, a quasi-stock lending arrangement is treated as if it were a stock lending arrangement.

(5) For the purposes of section 736C, in relation to any stock lending arrangement or quasi-stock lending arrangement,--

(a) quasi-cash collateral is treated as if it were cash collateral, and

(b) the amount of the quasi-cash collateral in relation to the stock lending arrangement or quasi-stock lending arrangement is taken to be the amount of the cash collateral.

(6) If any property other than money is transferable for a relevant purpose, the amount of the quasi-cash collateral so far as relating to that property is determined by reference to its market value.

(7) In any case where--

(a) section 736C applies in relation to a quasi-stock lending arrangement, and

(b) the person for whom the tax advantage was designed to be obtained is a person ("the other person") other than the borrower under that arrangement,

that section has effect as if the other person were the person who receives the amount of interest mentioned in that section.

(8) In any case where section 736C applies in relation to a quasi-stock lending arrangement--

(a) any reference in that section to cash collateral being payable to or for the benefit of the lender includes its being payable to or for the benefit of a person connected with the lender,

(b) the reference in subsection (1)(c) of that section to a return to the borrower includes a return to any other person, and

(c) any reference in that section to the transfer back of the relevant securities by the borrower to the lender includes the transfer back of any or all of the securities, or any other property, by any person to the lender or any other person.

(9) Section 839 (connected persons) applies for the purposes of this section.

(10) In this section--

"money" includes money expressed in a currency other than sterling,
"property" means property in any form,
"stock lending arrangement" and "securities" have the same meaning as in section 263B of the 1992 Act,
"transfer" means a transfer otherwise than by way of sale. " .

(4) The amendments made by this paragraph have effect in relation to any arrangement made on or after 22nd March 2006.

Multiple holders of securities subject to sale and repurchase agreement: no relief for deemed manufactured payments

5 (1) Section 737A of ICTA (sale and repurchase of securities: deemed manufactured payments) is amended as follows.

(2) In subsection (5) (application of Schedule 23A and dividend manufacturing regulations), after "apply" insert ", subject to subsection (5A) below,".

(3) After that subsection insert--

" (5A) If the relevant person is not the person to whom the transferor agreed to sell the securities, the relevant person is not entitled, by virtue of anything in Schedule 23A or any provision of dividend manufacturing regulations, or otherwise--

(a) to any deduction in computing profits or gains for the purposes of income tax or corporation tax, or

(b) to any deduction against total income or total profits,

by virtue of subsection (5) above.

Where the relevant person is a company, an amount may not be surrendered by way of group relief if a deduction in respect of it is prohibited by this subsection. " .

(4) In subsection (6) (interpretation), for--

(a) "subsection (5) above", and

(b) "that subsection",

substitute "this section".

(5) The amendments made by this paragraph have effect in relation to securities if--

(a) the agreement to sell them was made on or after 27th June 2006, or

(b) a person other than the person to whom the transferor agreed to sell them became the relevant person in consequence of any other agreement made on or after that date.

Structured finance arrangements: factoring of income receipts etc

6 (1) After section 774 of ICTA (transactions between dealing company and associated company) insert--

" Factoring of income receipts etc

774A Meaning of "structured finance arrangement" for purposes of s.774B

(1) For the purposes of section 774B an arrangement is a structured finance arrangement in relation to a person ("the borrower") if the following condition is met in relation to the borrower.

(2) The condition is that--

(a) under the arrangement the borrower receives from another person ("the lender") any money or other asset ("the advance") in any period,

(b) in accordance with generally accepted accounting practice the accounts of the borrower for that period record a financial liability in respect of the advance,

(c) the borrower, or a person connected with the borrower, makes a disposal of an asset ("the security") under the arrangement to or for the benefit of the lender or a person connected with the lender,

(d) the lender, or a person connected with the lender, is entitled under the arrangement to payments in respect of the security, and

(e) in accordance with generally accepted accounting practice those payments reduce the amount of the financial liability in respect of the advance recorded in the accounts of the borrower.

(3) For the purposes of this section, in any case where the borrower is a partnership, references to the accounts of the borrower include the accounts of any member of the partnership.

(4) For the purposes of this section and section 774B--

(a) references to a person connected with the borrower do not include the lender, and

(b) references to a person connected with the lender do not include the borrower.

774B Disregard of intended effects of arrangement involving disposals of assets

(1) If--

(a) an arrangement is a structured finance arrangement in relation to a person ("the borrower"), and

(b) the arrangement would (disregarding this section) have had the relevant effect (see subsections (2) and (3)),

the arrangement is not to have that effect.

(2) If the borrower is a person other than a partnership, the relevant effect is that--

(a) an amount of income on which the borrower, or a person connected with the borrower, would otherwise have been charged to tax is not so charged,

(b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of the borrower, or of a person connected with the borrower, is not so brought into account, or

(3) If the borrower is a partnership, the relevant effect is that--

(a) an amount of income on which a member of the partnership would otherwise have been charged to tax is not so charged,

(b) an amount which would otherwise have been brought into account in calculating for tax purposes any income of a member of the partnership is not so brought into account, or

(4) If--

(a) a person in relation to whom the structured finance arrangement would otherwise have had the relevant effect is a person within the charge to income tax, and

(b) in accordance with generally accepted accounting practice the accounts of the person record an amount as a finance charge in respect of the advance,

that person may treat the amount for income tax purposes as interest payable on a loan.

(5) If a person in relation to whom the structured finance arrangement would otherwise have had the relevant effect is a company within the charge to corporation tax--

(a) the advance is to be treated, in relation to the company, for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 as a money debt owed by the company,

(b) the arrangement is to be treated, in relation to the company, for the purposes of that Chapter as a loan relationship of the company (as a debtor relationship), and

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