HC Deb 27 March 2000 vol 347 cc161-2

Resolved,

That—

(1) Section 339 of the Income and Corporation Taxes Act 1988 shall be amended in accordance with paragraphs (2) to (8) below.

(2) In subsection (1), for paragraph (a) there shall be substituted— (a) a payment which, by reason of any provision of the Taxes Acts except section 209(4), is to be regarded as a distribution; and".

(3) Subsections (2), (3), (3A), (3F), (6), (7) and (8) shall cease to have effect.

(4) In subsection (3B)(b), for "two and a half per cent. of the amount given after deducting tax under section 339(3)" there shall be substituted "the limit imposed by subsection (3DB) below".

(5) After subsection (3D) there shall be inserted— (3DA) The limit imposed by this subsection is—

  1. (a) where the amount of the payment does not exceed £100, 25 per cent of the amount of the payment;
  2. (b) where the amount of the payment exceeds £100 but does not exceed £1,000, £25;
  3. (c) where the amount of the payment exceeds £1,000, 2.5 per cent of the amount of the payment.
(3DB) Where a benefit received in consequence of making a payment—
  1. (a) consists of the right to receive benefits at intervals over a period of less than twelve months;
  2. (b) relates to a period of less than twelve months; or
  3. (c) is one of a series of benefits received at intervals in consequence of making a series of payments at intervals of less than twelve months,
the value of the benefit shall be adjusted for the purposes of subsection (3C) above and the amount of the payment shall be adjusted for the purposes of subsection (3DA) above. (3DC) Where a benefit, other than a benefit which is one of a series of benefits received at intervals, is received in consequence of making a payment which is one of a series of payments made at intervals of less than twelve months, the amount of the payment shall be adjusted for the purposes of subsection (3DA) above. (3DD) Where the value of a benefit, or the amount of a payment, falls to be adjusted under subsection (3DB) or (3DC) above, the value or amount shall be multiplied by 365 and the result shall be divided by—
  1. (a) in a case falling within subsection (3DB)(a) or (b) above, the number of days in the period of less than twelve months;
  2. (b) in a case falling within subsection (3DB)(c) or (3DC) above, the average number of days in the intervals of less than twelve months;
and the reference in subsection (3DB) to subsection (3C) above is a reference to that subsection as it applies for the purposes of subsection (3B) above.

(6) For subsection (4) there shall be substituted— (4) Where a company gives a sum of money to a charity, the gift shall in the hands of the charity be treated for the purposes of this Act as if it were an annual payment.

(7) For subsection (7AA) there shall be substituted— (7AA) Where—

  1. (a) a qualifying donation to a charity is made by a company which is wholly owned by a charity, and
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  2. (b) the company makes a claim for the donation, or any part of it, to be deemed for the purposes of section 338 to be a charge on income paid in an accounting period falling wholly or partly within the period of nine months ending with the date of the making of the donation,
the donation or part shall be deemed for those purposes to be a charge on income paid in that accounting period, and not in any later period. A claim under this subsection must be made within the period of two years immediately following the accounting period in which the donation is made, or such longer period as the Board may allow.

(8) In subsection (9), the words "in subsections (1) to (4) above includes" shall cease to have effect.

(9) In subsection (1) of section 209 of the Income and Corporation Taxes Act 1988, for "section 339(6) and any other express exceptions" there shall be substituted "any express exceptions".

(10) In subsection (2)(a) of section 338 of that Act, after "company" there shall be inserted "or payments falling within paragraph (b) below".

(11) This Resolution has effect in relation to payments made on or after 1st April 2000; and—

  1. (a) so much of an accounting period as falls before that date; and
  2. (b) so much of it as falls after 31st March 2000,
shall be treated as separate accounting periods for the purposes of the amendment made by paragraph (5) above.

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 1968.