HC Deb 18 April 1950 vol 474 cc84-9

12. Charge of income tax

Resolved:

"That

  1. (a) income tax for the year 1950–51 shall be charged at the standard rate of nine shillings in the pound, and, in the case of an individual whose total income exceeds two thousand pounds, at such higher rates in respect of the excess over two thousand pounds as Parliament may hereafter determine;
  2. (b) all such enactments as had effect with respect to the income tax charged for the year 1949–50 shall have effect with respect to the income tax charged for the year 1950–51.
And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913."

13. Higher rates of income tax for 1949–50

Resolved:

"That income tax for the year 1949–50 shall be charged, in the case of an individual whose total income exceeded two thousand pounds, at the same higher rates in respect of the excess over two thousand pounds as were charged for the year 1948–49.

And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913."

14. Income tax; reduced rate relief, etc.

Resolved:

"That

  1. (a) in subsection (2) of section forty of the Finance Act, 1927 (which, as amended by section seventeen of the Finance (No. 2) Act, 1945, and section twenty-eight of the Finance Act, 1948, provides for the relief from income tax commonly known as the reduced rate relief), the words 'thirteen-eighteenths' shall throughout be substituted for the words two-thirds ' and the words ' four-ninths' shall throughout be substituted for the words one-third ';
  2. (b) in subsection (2) of section nineteen of the Finance Act, 1935 (which, as amended by subsequent enactments, limits the tax on incomes exceeding one hundred and thirty-five pounds but less than one hundred and sixty pounds to three-tenths of the excess) the words one-quarter' shall be substituted for the words three-tenths':

Provided that the additional relief afforded by this Resolution for the year 1950–51 shall not affect the amount of tax deductible or repayable before the eighth day of June, nineteen hundred and fifty.

And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913."

15. Income tax; payments for restrictive covenants, etc.

Resolved:

"That—

  1. (a) where an individual who holds, has held or is about to hold an office or employment gives an undertaking, whether absolute or qualified and whether legally valid or not, the tenor or effect of which is to restrict him as to his conduct or activities, and any sum is paid or valuable consideration given to him or to any other person in respect of the giving or total or partial fulfilment of that undertaking, such additional surtax shall be charged in respect of the income of that individual as may be determined by any Act giving effect to this Resolution;
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  2. (b) this Resolution shall be retrospective but tax shall not be charged by virtue thereof for any year before 1949–50."

16. Income tax; electricity wayleaves.

Resolved:

"That—

  1. (1) subsection (1) of section twenty-one of the Finance Act, 1934, (which, amongst other things, charges certain rents to tax under Schedule D and provides for the deduction of tax therefrom on payment thereof) shall apply to rent in respect of any easement enjoyed in the United Kingdom in connection with any electric, telegraphic or telephonic wire or cable (not being such an easement as is mentioned in that section) as it applies to rent in respect of easements enjoyed in connection with any of the concerns specified in Rules b>1, 2, and 3 of No. III of Schedule A, not being rent rendered in produce of the concern:

Provided that

  1. (a) any payment of rent to which this Resolution applies which does not exceed two pounds ten shillings per year—
    1. (i) may, if the payer so elects, be treated as not affected by so much of subsection (1) of the said section twenty-one as provides that the rent shall, for the purpose of such of the provisions of the Income Tax Acts as refer to royalties paid in respect of the user of a patent, be treated as if it were such a royalty; and
    2. (ii) shall in that event be made without deduction of tax accordingly; and
  2. (b) any payment of rent to which this Resolution applies which is made without deduction of tax (whether by virtue of the preceding provisions of this proviso or otherwise) shall, unless tax is assessed thereon under Rule 21 of the General Rules, be chargeable to tax under Case III of Schedule D as if it were mentioned in Rule I of the Rules applicable to that Case;

(2) this Resolution shall be deemed always to have had effect and references to the said section twenty-one in any provisions of the Income Tax Acts (including the reference in subsection (2) of the said section twenty-one itself) shall be construed as including, and as having always included, references to that section as extended by this Resolution:

Provided that where, before the nineteenth day of April, nineteen hundred and fifty, any payment of any rent to which paragraph (1) of this Resolution applies has been made without deduction of tax, nothing in this Resolution shall affect—

  1. (a) any determination of any Commissioners made before the said date as respects the chargeability of that payment to tax; or
  2. (b) any appeal from or case stated in respect of any such determination; or
  3. (c) any agreement which, under section fifty-one of the Finance Act, 1949, has the effect of such a determination; or
  4. (d) any appeal against any assessment the effect of which is to charge that payment to tax, if notice of the appeal was given before that date, and the appeal remains undetermined at that date;

(3) in this Resolution the expressions "rent" and "easement" have the same meanings as in the said section twenty-one, and the reference to easements enjoyed in connection with any electric, telegraphic or telephonic wire or cable includes (without prejudice to the generality of that expression) references to easements enjoyed in connection with any pole or pylon supporting any such wire or cable or with any apparatus used in connection with any such wire or cable, including any transformer so used.

And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1913."

17. Income tax: Northern Ireland super-annuation contributions

Resolved:

That—

  1. (1) relief from income tax shall not be allowed to any person under section thirty-two of the Income Tax Act, 1918 (which provides relief for, amongst other things, contributions to secure deferred annuities to widows and provision for children) or under any other provision of the Income Tax Acts providing for relief for income tax purposes, in respect of any contributions made by him under any enactments of the Parliament of Northern Ireland corresponding to Parts I and 11 of the Superannuation Act, 1949, and in particular, under Parts I and II of the Superannuation Act (Northern Ireland), 1949;
  2. (2) this Resolution shall have effect, and be deemed always to have had effect, for the purposes of income tax for the year 1949–50 and all subsequent years of assessment.

And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes +Act, 1913."

"That the extent and incidence of income tax shall be varied so as to give effect to pro-visions

  1. (a) defining the cases in which, the purposes for which and the extent to which sums which would otherwise be treated as income of a woman are to be treated as her husband's income;
  2. (b) amending the law as to reliefs from income tax in its relation to married persons;
  3. (c) rendering a woman, her trustee, guardian, tutor, curator or committee, or her executors or administrators, liable in certain cases for amounts of unpaid income tax assessed (whether before or after the passing of this Act and for whatever year of assessment, including a year before the year 1950–51) on her husband, his trustee, guardian, tutor, curator or committee, or his executors or administrators, and for interest thereon."

19. Income tax; enemy debts. etc.

Resolved:

"That the extent and incidence of income tax (including income tax for years of assessment before 1950–51), shall be varied so as to give effect to provisions as to cases where a recovery is made of or in respect of—

  1. (a) any debt owed by, or actual or contingent claim on, an enemy or ex-enemy State or Sovereign or a person resident or carrying on business in territory which is or has been enemy or enemy-occupied territory; or
  2. (b) property which was in or believed to be in such territory or under or believed to be under the control of an enemy or ex-enemy Power, being a debt, claim or property which had been wholly or partly written off for income tax, profits tax, or excess profits tax purposes, or the position of which had been treated as a reason for leaving income tax, profits tax, or excess profits tax uncollected."

20. Profits tax

Resolved:

" That the extent and incidence of the profits tax (including profits tax for past chargeable accounting periods) shall be varied so as to give effect to provisions extending the period for which relief from income tax can be given under section fifteen of the Finance Act, 1937, and provisions as to cases where a recovery is made of or in respect of—

  1. (a) any debt owed by, or actual or contingent claim on, an enemy or ex-enemy State or Sovereign or a person resident or carrying on business in territory which is or has been enemy or enemy-occupied territory; or
  2. (b) property which was in or believed to be in such territory or under or believed to be under the control of an enemy or ex-enemy Power,
being a debt, claim or property which had been wholly or partly written off for income tax, profits tax, or excess profits tax purposes, or the position of which had been treated as a reason for leaving income tax, profits tax, or excess profits tax uncollected."

21. Excess profits tax

Resolved:

" That the extent and incidence of excess profits tax for all chargeable accounting periods shall be varied so as to give effect to provisions as to cases where a recovery is made of or in respect of

  1. (a) any debt owed by, or actual or contingent claim on, an enemy, or ex-enemy State or Sovereign or a person resident or carrying on business in territory which is or has been enemy or enemy-occupied territory; or
  2. (b) property which was in or believed to be in such territory or under or believed to be under the control 3f an enemy or ex-enemy Power,
being a debt, claim or property which had been wholly or partly written off for income tax, profits tax, or excess profits tax purposes, or the position of which had been treated as a reason for leaving income tax, profits tax. or excess profits tax uncollected."

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