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  • Autumn tax updates and draft Finance Bill 2012 clauses

Autumn tax updates and draft Finance Bill 2012 clauses

On 6 December 2011, the Government published draft Finance Bill 2012 clauses and other tax updates. Additional publications are available on the HM Treasury website (Opens new window).

On this page:

Main Tax Announcements

These include announcements made on both 29 November and 6 December 2011.

The Government is publishing the draft clauses for legislation to be included in Finance Bill 2012. and alongside this it is also publishing responses to some of the consultations which have been taking place over the summer. This fulfils the objective to confirm the majority of intended tax changes at least three months ahead of publication. The draft clauses will be open to consultation until 10 February 2012 (PDF 1.6MB).

The Government has announced the following measures which will be legislated in Finance Bill 2012 and which are effective from today, 6th December 2011.

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Foreign Exchange - Anti Avoidance Regulations

The Government has today announced in a Written Ministerial Statement that regulations have been laid to put beyond doubt that companies can only defer foreign exchange gains and losses under the Loan Relationship & Derivative Contract - (Disregard and Bringing into Account of Profits and Losses) -Regulations 200, from the date that they have a foreign currency loan relationship or derivative contract which is matched with shares, ships or aircraft.

The Regulations will apply to shares, ships or aircraft which are matched on or after 6 December 2011. The changes block a disclosed avoidance scheme.

Patent Box

The Government is introducing a preferential regime for profits arising from patents, known as a Patent Box. This will allow companies to apply a 10% corporation tax rate to profits attributed to patents and certain other qualifying intellectual property from 1 April 2013.

Following extensive consultation, which included publication of consultation documents in November 2010 and June 2011, legislation for the Patent Box will be introduced in Finance Bill 2012.

The following documents for the Patent Box are published today 6 December 2011:

Any responses on the draft legislation, consultation response document and the technical note are welcomed by 10 February 2012 and should be sent by e mail to:

corporatetaxreform@hmtreasury.gsi.gov.uk
and to Richard Rogers

Pensions

Employer asset-backed pension contributions

Following the announcement at Budget 2011 and consultation over the summer, legislation was published at the Autumn Statement on 29 November 2011 to make changes to the tax rules with immediate effect to ensure no excessive relief can arise for new asset-backed pension contribution arrangements.

Overseas transfers of UK pensions savings - QROPS

The Government has announced that it has published for consultation draft secondary legislation to make changes to the system for transfers of pension savings to qualifying recognised overseas pension schemes (QROPS) together with a draft explanatory memorandum. A Tax Information and Impact Note (TIIN),and HMRC policy statement which set out the purpose of the QROPS regime have been published today.

The draft legislation revises the conditions a scheme has to meet to be a QROPS and strengthens the information and reporting requirements. The purpose of the consultation is to take views on whether these changes have been successfully reflected in the draft legislation. The consultation ends on 31 January 2012.

Commutation of small personal pension funds

The Government has announced that it has published for consultation draft secondary legislation to enable individuals to access savings held in small personal pension schemes i.e. £2,000 or less, by way of lump sum payment (commutation). The purpose of the consultation is to take views on whether the proposed changes have been successfully reflected in the draft legislation. The consultation ends on 31 January 2012.

Non Domicile Taxation

The Government has published further details on non-domicile taxation and the statutory residence test.

Working with Tax Agents

HM Revenue and Customs has today published the responses to the consultations on the relationship between the tax agent community and HMRC.

Office of Tax Simplification - Review of Tax Reliefs

As announced at Budget 2011, and following consultation over the summer, legislation will be included in Finance Bill 2012 to abolish the following provisions commencing in April 2013

Extra Statutory Concessions review

The Government has also announced the withdrawal of five extra statutory concessions and a consultation on supplementary legislation for two concessions. The withdrawals will have effect from the beginning of the 2013/14 tax year.

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Written Ministerial Statements

Three Written Ministerial Statements have been laid in Parliament at 10.30 am on 6 December 2011

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Overview of Legislation in Draft (OLD)

This document contains an overview of every measure (PDF 1.6MB) which has draft legislation for Finance Bill 2012 published today, together with the relevant Tax Information and Impact Notes (TIINs).

Individual TIINs are available from the menu below.

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Tax Information and Impact Notes (TIINs)

The TIINs set out for each measure what the new legislation seeks to achieve, why the Government is undertaking the change and a summary of the expected impacts of the change.

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Finance Bill 2012 - draft clauses and explanatory notes

This contains draft clauses and explanatory notes to be included in Finance Bill 2012. The draft Finance Bill is due to be published after Spring Budget 2012.

This also contains the draft Statutory Instruments and explanatory memoranda for the abolition of the following OTS reliefs: NICs exemption for certain apprentices and students coming to the UK, certain payments to mariners to be disregarded for Class 1 NICs, Class 1A NICs: exemption for prescribed general earnings, Cycle to Work Days: provision of meals - exemption from income tax and Luncheon Vouchers - exemption from NICs.

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Consultation documents, Reports/Summaries of responses, Technical Notes etc

These have been grouped together by reference to business stream rather than type.

Personal Taxes

  1. A new incentive for charitable legacies - summary of responses
  2. Reform of the taxation of non-domiciled individuals - summary of responses (Opens new window)
  3. Statutory Definition of tax residence - summary of responses (Opens new window)
  4. Gifts of pre-eminent objects and works of art to the nation - summary of responses (Opens new window)
  5. Commutation of small personal pension funds -Tax Information and Impact Note
  6. Small pension funds draft FB12 and Explanatory Notes (PDF 33K)
  7. Non Domicile Taxation and Statutory Residence Test - Written Ministerial Statement (PDF 33K)
  8. Overseas transfers of pension savings - Forms (PDF 282K)
  9. Overseas transfers of pension savings - HMRC statement (PDF 22K)
  10. Overseas transfers of pensions savings - Tax Information and Impact Note
  11. Overseas transfer of UK pension savings - Draft Legislation (PDF 69K)
  12. Seed Enterprise Investment Scheme and 2012/13 Capital Gains Tax holiday -Technical Note (PDF 48K)

Business Taxes

  1. Patent Box - summary of responses (Opens new window)
  2. Patent Box Technical Note (PDF 164K)
  3. Patent Box - Draft Legislation (PDF 456K)
  4. Research and Development (R&D Tax Credits) - summary of responses (Opens new window)
  5. Potential debt cap changes- summary of responses
  6. Life Insurance Companies - New Corporate Tax Regime - Transitional Arrangements (PDF 64K)
  7. Life Insurance Companies - A new corporate tax regime - summary of responses
  8. Life Insurance Companies - A new corporate tax regime - Draft Legislation and Explanatory Note (PDF 810K)
  9. Capital Allowances Feed in tariffs and renewable heat incentives - summary of responses
  10. Capital allowances anti avoidance rules for plant and machinery - summary of responses
  11. Capital allowances for fixtures - summary of responses
  12. Tax Advantaged Venture Capital Schemes - summary of responses (Opens new window)
  13. Controlled Foreign Companies - Reform (Opens new window)
  14. Lloyds stop loss insurance - Technical document.
  15. Draft legislation for FB12 Measures with immediate effect - Written Ministerial Statement (PDF 41K)
  16. Oil and Gas Scope of Supplementary Charge - Tax Information and Impact Note
  17. Property Authorised Investment Funds (PAIFs) - HMRC Statement (PDF 10K)
  18. Business Premises Renovation Allowance - Draft Legislation (PDF 117K)
  19. Business Premises Renovation Allowance - Explanatory Memorandum (PDF 27K)
  20. Business Premises Renovation Allowance -Tax Information and Impact Note

Indirect Taxes; VAT and Excise Duties

  1. VAT - Legislating an extra statutory concession ESC 3.322 - summary of responses
  2. VAT - Cost sharing exemption - Notes Issued 29 November 2011 (PDF 46K)
  3. VAT - Cost sharing exemption - summary of responses
  4. Tackling VAT fraud on imported vehicles - summary of responses
  5. VAT - next steps moving VAT online - summary of responses
  6. VAT Caravans Seasonal Pitches - Tax Information and Impact Note
  7. Machine games duty implementation - summary of responses (Opens new window)
  8. Reform of air passenger duty - summary of responses (Opens new window)
  9. Fuel Duty - Tax Information and Impact Note

Tax Administration

  1. Incapacitated Persons - summary of responses
  2. Removal of 36 tax reliefs - summary of responses (Opens new window)
  3. Written Ministerial Statement - Tax Policy update (PDF 42K)
  4. ESC 4th Consultation - summary of responses
  5. ESC 5th Consultation
  6. ESC C16 Tax Information and Impact Note
  7. VAT Caravans Seasonal Pitches - Tax Information and Impact Note
  8. Establishing the future relationship between the tax agent community and HMRC - summary of responses
  9. Working with tax agents dishonest conduct - summary of responses
  10. Withdrawal of Extra Statutory Concessions - Technical Note (PDF 70K)
  11. High Risk Tax Avoidance Schemes - summary of responses
  12. HMRC's information powers - summary of responses
  13. Civil Investigation of Fraud - Contractual Disclosure Facility - summary of responses

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