Draft legislation published for next Finance Bill
Taxation and other measures to be included in the Finance Bill for 2021-22 have now been announced.
The draft legislation largely covers pre-announced policy changes, along with accompanying explanatory notes, tax information and impact notes, as well as responses to consultations and other supporting documents.
In addition to previously announced measures that include changes to Corporation Tax, Income Tax and proposals for tackling promoters of tax avoidance schemes, the Government has also revealed three new policies that it will legislate for in the autumn:
- A Capital Gains Tax (CGT) exemption for London Capital & Finance compensation payments. Compensation in the form of a subscription to an ISA to return the money to an ISA will not contribute to the annual ISA subscription limit.
- An Income Tax exemption for the Child Winter Heating Assistance and the Short-Term Assistance social security payments in Scotland.
- An Income Tax exemption for local authority COVID grant scheme payments, including the COVID Winter Grant Scheme and COVID Local Grant Scheme, and similar schemes operated by the devolved administrations.
It is confirmed that the normal minimum pension age at which pension benefits can be taken without incurring an unauthorised payment charge will increase from 55 to 57 from April 2028.
HMRC published a summary of responses to the second consultation on its proposals for the notification by large businesses of uncertain tax treatments, alongside draft legislation for comments.
The draft legislation reflects a number of changes compared to the proposals consulted on earlier this year.
In particular, the number of triggers that would cause a tax treatment to be considered “uncertain” has been reduced from seven to three.
Allowance has been made for increased penalties where a business repeatedly fails to notify uncertain tax treatments.
Notification will be required at the same date as the relevant tax return is due and will apply to returns required to be made on or after 1 April 2022.
This means that the regime will apply to some transactions and arrangements that have already taken place.
In addition, the following draft clauses and documents were published:
- Taxation of asset holding companies in alternative fund structures
- The tax treatment of asset-holding companies in alternative fund structures: Government response to second stage consultation – consultation outcome
- Real estate investment trusts: amendments
- Corporation Tax: amendments to the hybrid and other mismatches rules
- Capital allowances: amendment to allowance statement for structures and buildings allowance
Tackling tax avoidance
HMRC published a summary of responses to its proposals made earlier this year for measures to clamp down on promoters of tax avoidance. Four new measures are being introduced as follows:
- New powers for HMRC to seek freezing orders that would prevent promoters from dissipating or hiding their assets before paying the penalties that are charged as a result of breaching anti-avoidance obligations.
- New rules that would enable HMRC to make a UK entity that facilitates the promotion of tax avoidance by offshore promoters subject to a significant additional penalty.
- A new power to enable HMRC to present winding-up petitions to the courts for companies operating against the public interest.
- New legislation that would enable HMRC to name promoters, details of the way they promote tax avoidance and the schemes they promote, to warn taxpayers of the risks and help those already involved.
Link: Finance Bill 2021-22