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Finance Act 1993 (c. 34)(The document as of February, 2008) Page 24 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 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 Valuation and payments out of fund of excess amounts6 (1) The arrangements must be such as to secure that the fund manager of a member's special reserve fund-- (a) shall determine in the prescribed manner the value of the fund as at the end of the year 1994 and each subsequent underwriting year; and (b) shall report the value so determined to the member; and the report shall also state such other matters as may be prescribed. (2) If the value of the fund as so determined in respect of any underwriting year exceeds 50 per cent. of-- (a) the member's overall premium limit for that year; or (b) where he did not accept premiums in that year, his overall premium limit for the last underwriting year in which he did so, there shall be made to the member or his personal representatives or assigns, out of his special reserve fund, payments the amount of which is equal in the aggregate to the excess. (3) The payments required by sub-paragraph (2) above shall be made before the end of such period as may be prescribed. Payments out of fund on cessation7 (1) The arrangements must provide that, on the member ceasing to carry on his underwriting business, whether by reason of death or otherwise, the amount of his special reserve fund, so far as not required for giving effect to the requirements of paragraph 4 or 5 above, shall be paid over to the member or his personal representatives or assigns. (2) For the purposes of sub-paragraph (1) above, a payment of an amount shall be in money or money's worth or both, as the member or his personal representatives or assigns may direct. Entitlement of member for tax purposes8 A member shall be treated for the purposes of the Income Tax Acts and the Gains Tax Acts as absolutely entitled as against the trustees to the assets forming part of his special reserve fund. Tax exemption for profits arising from assets of fund9 (1) Profits or losses arising from assets forming part of a special reserve fund shall be excluded for the purposes of income tax under the Income Tax Acts, and for the purposes of capital gains tax under the Gains Tax Acts. (2) Where for any underwriting year income tax has been deducted from any profits arising from assets forming part of a special reserve fund, the fund manager may, at any time after the end of that year, claim repayment of that tax. (3) Where for any underwriting year the income arising from assets forming part of a special reserve fund includes a qualifying distribution, the fund manager may, at any time after the end of that year, claim to have any tax credit in respect of that distribution paid to him. Tax consequences of payments into and out of fund10 (1) In computing for the purposes of income tax the profits of a member's underwriting business for any year of assessment, the aggregate amount of any payments which, in respect of the corresponding underwriting year, are made into his special reserve fund under paragraph 3(1) above shall be deducted as an expense. (2) In computing for the purposes of income tax the profits of a member's underwriting business for any year of assessment-- (a) the aggregate amount of any payments which, in respect of the corresponding underwriting year, are made out of his special reserve fund under paragraph 4(1) or 5(1) above shall be treated as a trading receipt; and (b) the aggregate amount of any payments which, in respect of that year, are made into that fund under paragraph 4(2) or (3) or 5(4) above shall be deducted as an expense. (3) In computing for the purposes of income tax the profits of a member's underwriting business for any year of assessment, the aggregate amount of any payments which, as a result of the repayment of stop-loss payments in the corresponding underwriting year, are made out of his special reserve fund under paragraph 4(6) or 5(7) above shall be treated as a trading receipt. (4) In computing for the purposes of income tax the profits of a member's underwriting business for any year of assessment, the aggregate amount of any payments which, in respect of the corresponding underwriting year's closing year, are made out of his special reserve fund under paragraph 6(2) above shall be treated as a trading receipt. Tax consequences of cessation11 (1) This paragraph applies where a member ceases to carry on his underwriting business, whether by reason of death or otherwise. (2) In computing for the purposes of income tax the profits of the member's underwriting business for the final year of assessment, any payment under paragraph 7(1) above which is made to him or his personal representatives or assigns out of his special reserve fund shall be treated-- (a) as made immediately after the end of the relevant year; and (b) as being a trading receipt of an amount equal to that mentioned in sub-paragraph (3) below. (3) The amount referred to in sub-paragraph (2) above is the value of the fund, as determined under paragraph 6(1) above for the relevant year and-- (a) as reduced by the aggregate amount of any payments under paragraph 4(1) or (6) or 5(1) or (7) above made after the end of that year; (b) as increased by the aggregate amount of any payments under paragraph 4(2) or (3) or 5(4) above so made; and (c) as increased by the amount of any tax repayment or tax credit received under paragraph 9(2) or (3) above after the end of that year. (4) Where an asset is transferred to the member or his personal representatives or assigns under paragraph 7(1) above, the transfer shall be treated, for the purposes of the Gains Tax Acts, to be an acquisition of the asset by the member or his personal representatives or assigns for a consideration equal to its market value as at the end of the relevant year. (5) In this paragraph "the relevant year" means, subject to the provisions of any regulations made by the Board, the underwriting year immediately preceding that in which the member's deposit at Lloyd's is paid over to him or his personal representatives or assigns. Part II Winding up of old-style fundsPreliminary12 (1) In this Part of this Schedule--
(2) For the purposes of sub-paragraph (1) above, the closing date for an old-style fund shall be the earliest date on which each of the following has occurred as respects the year 1991-92 and earlier years of assessments, namely-- (a) the time for making any payments into the fund under section 452(5) of the Taxes Act 1988 has expired, or the member has given notice to the inspector that he will not be making any (or any further) such payments; and (b) any payments required by section 453(1) of that Act to be made out of the fund have been so made. Winding up of old-style funds13 (1) A member may, at any time before the end of the relevant period, direct that so much of the capital of any old-style fund of his as represents sums paid into it under section 452(5) of the Taxes Act 1988 shall be transferred, at the end of that period, into his new-style fund; and a transfer of an amount of capital under this sub-paragraph shall be in money or money's worth or both, as the member may direct. (2) Where an amount of capital is transferred into a member's new-style fund under sub-paragraph (1) above, there shall be paid into that fund by the Board an amount equal to the amount of tax which, if the amount transferred were a net amount corresponding to a gross amount from which income tax had been duly deducted at the basic rate for the year 1992-93, would have been so deducted. (3) If a member does not give a direction under sub-paragraph (1) above in relation to any old-style fund of his, so much of the capital of that fund as represents sums paid into it under section 452(5) of the Taxes Act 1988 shall be paid over, at the end of the relevant period, to the member or his personal representatives or assigns. (4) In either event, the remaining capital of any old-style fund of a member shall be paid over, at the end of the relevant period, to the member or his personal representatives or assigns. (5) For the purposes of sub-paragraphs (1) and (3) above, any payments made out of an old-style fund under section 453(1) of the Taxes Act 1988 shall be treated as having been met, so far as possible, out of payments made into the fund under section 452(5) of that Act. Tax consequences of winding up14 (1) Where an asset is transferred into a member's new-style fund under paragraph 13(1) above, the transfer shall be treated, for the purposes of the Gains Tax Acts, to be a disposal of the asset by the member for a consideration equal to its market value. (2) Sub-paragraph (3) below applies where an amount is paid over to the member or his personal representatives or assigns under paragraph 13(3) above. (3) In computing for the purposes of income tax the profits of the member's underwriting business for the year 1992-93, it shall be assumed-- (a) that the amount paid were a net amount corresponding to a gross amount from which income tax had been duly deducted at the basic rate for that year; and (b) that the corresponding gross amount were a trading receipt for that year. Section 187. SCHEDULE 21 Oil taxation: supplementary provisions about informationPart I Restrictions on powers under section 1871 References in this Part of this Schedule to subsection (2), subsection (3) or subsection (5) are references to those subsections of section 187 of this Act. 2 Before a notice is given to a person by the Board under subsection (2), subsection (3) or subsection (5), the person must have been given a reasonable opportunity to deliver (or, in the case of subsection (3), to deliver or make available) the documents in question or to furnish the particulars in question; and the Board must not apply for consent under subsection (5) until the person has been given that opportunity. 3 (1) Subject to sub-paragraph (2) below, where a notice is given to any person under subsection (3), the Board shall give a copy of the notice to the taxpayer to whom it relates. (2) If, on an application by the Board, a Special Commissioner so directs, a copy of a notice under subsection (3) need not be given to the taxpayer to whom it relates; but such a direction shall not be given unless the Commissioner is satisfied that the Board has reasonable grounds for suspecting the taxpayer of fraud. 4 (1) A notice under subsection (2) does not oblige a person to deliver documents or furnish particulars relating to the conduct of any pending appeal by him. (2) A notice under subsection (3) or subsection (5) does not oblige a person to deliver or make available documents relating to the conduct of a pending appeal by the taxpayer. (3) In this paragraph, "appeal" means appeal relating to tax. 5 To comply with a notice under subsection (2), and as an alternative to delivering documents to comply with a notice under subsection (3) or subsection (5), copies of documents may be delivered instead of the originals; but-- (a) the copies must be photographic or otherwise by way of facsimile; and (b) if so required by the Board in the case of any documents specified in the requirement, the originals must be made available for inspection by a named officer of the Board (failure to comply with this requirement counting as failure to comply with the notice). 6 (1) A notice under subsection (3) does not oblige a person to deliver or make available any document the whole of which originates more than six years before the date of the notice. (2) Sub-paragraph (1) above does not apply where the notice is so expressed as to exclude the restrictions of that sub-paragraph; and it can only be so expressed where the Board has applied to a Special Commissioner for, and obtained, his approval. (3) For the purpose of sub-paragraph (2) above, the Commissioner shall give approval only if satisfied, on the Board's application, that there is reasonable ground for believing that tax has, or may have been, lost to the Crown owing to the fraud of the taxpayer. 7 A notice under subsection (3) or subsection (5) does not oblige a barrister, advocate or a solicitor to deliver or make available, without his client's consent, any document with respect to which a claim to professional privilege could be maintained. 8 (1) Subject to paragraphs 9 and 10 below, a notice under subsection (3) or subsection (5)-- (a) does not oblige a person who has been appointed as an auditor for the purposes of any enactment to deliver or make available documents which are his property and were created by him or on his behalf for or in connection with the performance of his functions under that enactment; and (b) does not oblige a tax adviser to deliver or make available documents which are his property and consist of relevant communications. (2) In sub-paragraph (1) above "relevant communications" means communications between the tax adviser and-- (a) a person in relation to whose tax affairs he has been appointed, or (b) any other tax adviser of such a person, the purpose of which is the giving or obtaining of advice about any of those tax affairs; and in this paragraph "tax adviser" means a person appointed to give advice about the tax affairs of another person (whether appointed directly by that other person or by another tax adviser of his). 9 (1) Subject to paragraph 11 below, paragraph 8 above shall not have effect in relation to any document which contains information explaining any information, return, accounts or other document which the person to whom the notice is given has, as tax accountant, assisted any client of his in preparing for, or delivering to, the Board. (2) For the purposes of this paragraph, a person stands in relation to another as a tax accountant at any time when he assists the other in the preparation or delivery of any information, return, accounts or other document which he knows will be, or is or are likely to be, used for any purpose of tax; and his clients are those to whom he stands or has stood in that relationship. 10 Subject to paragraph 11 below, in the case of a notice under subsection (5), paragraph 8 above shall not have effect in relation to any document which contains information giving the identity or address of any taxpayer to whom the notice relates or of any person who has acted on behalf of any such person. 11 Paragraph 8 above is not disapplied by paragraph 9 or paragraph 10 above in the case of any document if-- (a) the information within paragraph 9 or paragraph 10 is contained in some other document; and (b) either-- (i) that other document, or a copy of it, has been delivered to the Board, or (ii) that other document has been inspected by an officer of the Board. 12 Where paragraph 8 above is disapplied by paragraph 9 or paragraph 10 above in the case of a document, the person to whom the notice is given either shall deliver the document to the Board or make it available for inspection by an officer of the Board or shall-- (a) deliver to the Board a copy (which is photographic or otherwise by way of facsimile) of any parts of the document which contain the information within paragraph 9 or paragraph 10; and (b) if so required by the Board, make available for inspection by a named officer of the Board such parts of the document as contain that information; and failure to comply with any requirement under sub-paragraph (b) above shall constitute a failure to comply with the notice. Part II Meaning of "documents"13 In this Part of this Schedule "the relevant provisions" means subsections (2) to (5) of section 187 of this Act and Part I above. 14 (1) Subject to sub-paragraph (2) below, in the relevant provisions "document" has the same meaning as it has-- (a) in relation to England and Wales, in Part I of the [1968 c. 64.] Civil Evidence Act 1968; (b) in relation to Scotland, in Part III of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968; and (c) in relation to Northern Ireland, in Part I of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971. (2) In the relevant provisions references to documents do not include-- (a) personal records, as defined in section 12 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 or, as respects Northern Ireland, in Article 14 of the [S.I. 1989/1341 (N.I. 12)] Police and Criminal Evidence (Northern Ireland) Order 1989, or (b) journalistic material, as defined in section 13 of that Act or, as respects Northern Ireland, in Article 15 of that Order, and references to particulars do not include particulars contained in such personal records or journalistic material. (3) Subject to sub-paragraph (2) above, references in the relevant provisions to documents and particulars are to those specified or described in the notice in question, and-- (a) the notice shall require documents to be delivered or made available or particulars to be furnished within such period, being a period of not less than thirty days after the date of the notice, as may be specified in the notice; and (b) the person to whom they are delivered or made available or furnished may take copies of them or of extracts from them. Section 210. SCHEDULE 22 Trading fundsIntroduction1 The [1973 c. 63.] Government Trading Funds Act 1973 shall be amended as follows. Reserves2 (1) The following section shall be inserted after section 2-- " 2AA Initial reserves(1) An order providing for any assets and liabilities to be appropriated as assets and liabilities of a trading fund may make-- (a) provision for any part of the amount by which the values of the assets exceed the amounts of the liabilities to be treated as reserves in the accounts of the trading fund, and (b) provision about the maintenance of such reserves. (2) For the purposes of subsection (1) above "reserves" means reserves whether general, capital or otherwise; and an order may provide for different kinds of reserves. (3) Nothing in subsection (1) above shall prejudice the operation of section 4(2) of this Act in relation to a trading fund; and nothing in section 4(2) of this Act shall prejudice the operation of subsection (1) above in relation to a trading fund. (4) This section applies in relation to an order made after the day on which the Finance Act 1993 was passed. " (2) In section 2(3) (originating debt where fund established) in paragraph (b) after "capital" there shall be inserted "or any amount treated by virtue of the order as reserves or (where the order provides for both public dividend capital and reserves) the aggregate of those amounts". (3) In section 2(4) (addition to originating debt where additional assets and liabilities appropriated to fund) in paragraph (b) after "capital" there shall be inserted "or any amount treated by virtue of the order as reserves or (where the order provides for both public dividend capital and reserves) the aggregate of those amounts". Public dividend capital etc.3 In section 2A (public dividend capital) the following subsection shall be inserted after subsection (2) (limited power of Minister to issue public dividend capital to fund)-- " (2A) If the responsible Minister considers it appropriate to do so, he may with Treasury concurrence issue out of money provided by Parliament an amount to the fund as public dividend capital; and this subsection shall have effect instead of subsection (2) above after the day on which the Finance Act 1993 was passed. " Maximum borrowing etc.4 (1) The following section shall be inserted after section 2B-- " 2C Maximum borrowing etc(1) Where an order made after the day on which the Finance Act 1993 was passed establishes a trading fund, the order shall provide that the aggregate of the following shall not exceed the maximum specified in the order-- (a) the total outstanding at any given time in respect of amounts issued to the fund under section 2B of this Act (other than as originating debt), and (b) the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of this Act; and that maximum (or that maximum as varied by a subsequent order) shall be observed accordingly. (2) Where an order made on or before the day on which the Finance Act 1993 was passed establishes a trading fund, and the order specifies the maximum amount that may be issued to the fund under section 2B of this Act, the order shall be taken to provide that the aggregate of the following shall not exceed that maximum-- (a) the total outstanding at any given time in respect of amounts issued to the fund under section 2B of this Act (other than as originating debt), and (b) the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of this Act; and that maximum (or that maximum as varied by a subsequent order) shall be observed accordingly. (3) The sum of the maxima in force in respect of all trading funds at any time shall not exceed £2,000 million. (4) The Treasury may by order made by statutory instrument increase or further increase the limit in subsection (3) above by any amount, not exceeding £1,000 million, specified in the order but not so as to make the limit exceed £4,000 million. (5) No order under subsection (4) above shall be made unless a draft of a statutory instrument containing it has been laid before the House of Commons and approved by a resolution of that House. " (2) In section 2B (borrowing by funds) subsections (6) to (9) (which are superseded by the new section 2C) shall be omitted. Section 213. SCHEDULE 23 RepealsPart I Excise duties(1) Beer duty
These repeals have effect in accordance with section 4 of this Act. (2) Blending of alcoholic liquors
These repeals have effect in accordance with section 5 of this Act. (3) Mixing of wine and spirits
This repeal has effect in accordance with section 6 of this Act. (4) Hydrocarbon oil duty: fuel substitutes
The power in section 11(5) of this Act applies to these repeals as it applies to that section. (5) Hydrocarbon oil duty: fuel measurement
The power in section 12(8) of this Act applies to these repeals as it applies to that section. (6) Vehicles excise duty
These repeals have effect in relation to licences taken out after 16th March 1993. (7) Repeals connected with lottery duty
These repeals come into force in accordance with section 41 of this Act. Part II Value added tax(1) Fuel and power
This repeal comes into force in accordance with section 42 of this Act. (2) Fuel scales
These repeals have effect in relation to any case where the prescribed accounting period begins after 5th April 1993. (3) Acquisitions
These repeals come into force in accordance with section 44(4) of this Act. (4) Penalties
The repeal of section 13(4) of the Finance Act 1985 has effect in accordance with paragraph 3(3) of Schedule 2 to this Act and the repeal of section 19(2)(b) of that Act has effect in accordance with paragraph 5(3) of that Schedule. (5) Repeals connected with abolition of car tax
Part III Income tax, corporation tax and capital gains tax(1) Temporary relief for interest payments
These repeals come into force in accordance with section 57 of this Act. (2) Charities
1 The repeal of section 24 of the Finance Act 1990 has effect for the year 1993-94 and subsequent years of assessment. 2 The repeal of section 26 of the Finance (No. 2) Act 1992 has effect in accordance with section 67 of this Act. (3) Car benefits
These repeals have effect for the year 1994-95 and subsequent years of assessment. (4) Car fuel
This repeal has effect for the year 1993-94. (5) Heavier commercial vehicles (consequential repeal)
This repeal has effect for the year 1993-94 and subsequent years of assessment. (6) Taxation of distributions
These repeals have effect for the year 1993-94 and subsequent years of assessment. (7) Retirement relief etc.
These repeals come into force in accordance with section 87(2) of this Act. (8) Insurance companies
The repeal of section 212(8) of the Taxation of Chargeable Gains Act 1992 has effect, in accordance with section 91(1) of this Act, in relation to the accounting periods mentioned in section 212(8), and the other repeals have effect in relation to accounting periods beginning on or after 1st January 1993. (9) Overseas life insurance companies
These repeals have effect in accordance with section 103 of this Act. (10) Indexation
These repeals have effect in accordance with section 107 of this Act. (11) Pay and file
The repeals in the Income and Corporation Taxes Act 1988 and the repeal of paragraph 9 of Schedule 15 to the Finance Act 1991 have effect in relation to accounting periods ending after the day appointed for the purposes of section 10 of the Income and Corporation Taxes Act 1988. (12) Lloyd's underwriters etc.
1 The repeal of section 450(6) of the Income and Corporation Taxes Act 1988 has effect in relation to acquisitions or disposals made, or treated as made, after 31st December 1993. 2 The following repeals, namely--
have effect for the year 1994 and subsequent underwriting years. 3 The repeals in section 43 of the Finance Act 1989 have effect in relation to periods of account ending on or after 30th June 1993. 4 The following repeals, namely--
have effect for the year of assessment 1994-95 and subsequent years of assessment. 5 The other repeals have effect for the year 1992-93 and subsequent years of assessment. Part IV Oil taxation
Part V Inheritance tax
This repeal has effect in accordance with section 208 of this Act. 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 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 -- Back --
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