FINANCE BILL (Hansard, 17 July 1969)

§ Mr. Speaker

I have posted my provisional selection of Amendments for the third day of the Consideration of the Bill. There have been some additional Amendments within a group already selected. These are the following Amendments: No. 121, in Clause 27, page 32, line 20, leave out subsection (2) and insert— (2) If, by virtue or in consequence of provisions contained in any legislation forming part of the law of a territory outside the United Kingdom or of any action taken under such provisions, the nature or content of the legal relationship between the relevant person or any other person and an individual ordinarily resident in the United Kingdom is different from what it would have been if the relationship had been governed by the corresponding United Kingdom law, then in determining whether, under subsection (1) of that section, any income of the relevant person is deemed for the purposes of the Income Tax Acts to be the income of such an individual, the said provisions and the effect thereof may be disregarded and it may be assumed that the nature and content of the legal relationship in question is in every or any particular respect governed by the corresponding United Kingdom law. In this subsection—

(a) 'relevant person' means a person resident or domiciled out of the United Kingdom to whom income has become payable as mentioned in the preamble to that section, and
(b) 'corresponding United Kingdom law ' means such part of the law of England, Scotland or Northern Ireland (whichever may be most appropriate to the individual concerned in any particular matter) as would, on a true and fair view of the legal relationship in question, be applicable to the nearest equivalent relationship recognised by and subsisting under the law of England, Scotland or Northern Ireland, as the case may be.

No. 123, in line:34, at end insert: (4) At the end of that section insert the following subsection— ' (9) This section shall not apply more than once to any one amount forming part of the income of a person resident or domiciled out of the United Kingdom '. No. 124, in line 42, leave out from ' in ' to ' except ' in page 33, line 3, and insert: 898 'that section, the individual shall be chargeable to income tax by virtue of that section for the year of assessment in which the benefit is received on such part of the amount or value of the benefit as is justly referable to the income of the person resident or domiciled out of the United Kingdom (but subject always to subsection (1) of this section)'. and No. 125, in page 33, line 5, after ' he ', insert ' or any other person ', in the name of the hon. and learned Member for Northwich (Sir J. Foster), who asked me whether I would group these with Amendment No. 126. I have done this.

I have also decided to accept the request of the hon. Member for Wanstead and Woodford (Mr. Patrick Jenkin) to call Government Amendment No. 201 separately. The Government were grouping, if I remember rightly, with a number of other Amendments. Government Amendment No. 201 will be taken separately. I have also selected one new starred Amendment, No. 318, in Schedule 17, page 134, line 20, leave out ' indefensibly "and insert' indefeasibly '. In the name of the same hon. Member which interested me greatly. That is one the list of selections for today.