Finance Bill 2013 published: private client tax measures | Practical Law

Finance Bill 2013 published: private client tax measures | Practical Law

The Finance Bill 2013 was published on 28 March 2013. Measures of interest to private client practitioners are listed in this legal update.

Finance Bill 2013 published: private client tax measures

Practical Law UK Legal Update 9-525-4799 (Approx. 11 pages)

Finance Bill 2013 published: private client tax measures

by PLC Private Client
Published on 28 May 2013United Kingdom
The Finance Bill 2013 was published on 28 March 2013. Measures of interest to private client practitioners are listed in this legal update.

Speedread

The Finance Bill 2013 and its explanatory notes were published on 28 March 2013, following its first reading in the House of Commons on 25 March.
In this legal update, we list the tax measures of interest to private client practitioners. We are reviewing these clauses and will publish further legal updates where there are substantial changes to the draft legislation or (if no draft legislation was published) to the measure as announced.

Finance Bill 2013: private client tax measures

The table below lists the clauses of the Finance Bill 2013 that may be of interest to private client practitioners. It links to the legislation trackers in which you can follow the progress of each clause. If we publish a further legal update on the clause, we will add it to the legislation tracker concerned. We are updating this table to indicate, for each measure, whether a further update will be published on the Bill as published on 28 March 2013 or whether there are no substantive changes to report. (If we refer to minor or technical changes without mentioning a further update, we will not be reporting on those changes.) We will also be updating all of our maintained resources to reflect the contents of the Bill.
Measures for which we have identified substantive changes to date include:
  • Trusts with vulnerable beneficiaries.
  • Capital gains tax on disposals of enveloped property by non-natural persons.
  • The statutory residence test.
  • The abolition of ordinary residence.
  • The inheritance tax exemption for non-UK domiciled spouses.
  • The transfer of assets abroad and attribution of gains rules.
We refer to this Bill as the Finance Bill 2013 because it will become the Finance Act 2013 on Royal Assent. However, its official title when published was the Finance (No.2) Bill 2012-13, because it was the second Finance Bill introduced in this Parliament.
To follow the progress of the Bill and all the private client tax measures included in it, see Private client tax legislation tracker 2012-13: Finance Bill 2013. For details of the Budget on 20 March 2013, see Legal update, 2013 Budget: key private client tax announcements.
Clause/Schedule
Title
Status and legislation tracker
Clauses 1 to 3
Charge for 2013-14.
Basic rate limit for 2013-14.
Personal allowance for 2013-14 for those born after 5 April 1948.
As announced in the Budget.
Clause 8
London Anniversary Games.
Legislation not published in draft. Corresponds to the Budget announcement.
Clause 9
Glasgow Commonwealth Games.
No changes to draft legislation.
Clause 16 and Schedule 3
Limit on income tax reliefs.
The legislation is substantively the same as the draft legislation. HMRC has published new draft guidance. See Legal update, Capping income tax reliefs: draft guidance.
Clause 19 and Schedule 6
Employment income: duties performed in the UK and overseas.
Clause 20 and Schedule 7
Remittance basis: exempt property.
No significant changes to draft legislation.
Clause 21
Payments on account.
Clause 24 and Schedule 8
Gains from contracts for life assurance etc.
Technical changes to draft legislation.
Clause 25 and Schedule 9
Qualifying insurance policies.
Technical changes to draft legislation, including new provisions setting out how certain provisions apply to personal representatives and trustees.
Clause 26 and Schedule 10
Transfer of assets abroad.
Clause 28 and Schedule 12
Disguised interest.
Clause 45 and Schedule 20
Community amateur sports clubs.
Clauses 46 to 48 and Schedule 21
Lifetime allowance charge: new standard lifetime allowance for the tax year 2014-15 and subsequent years.
Lifetime allowance charge: power to amend the transitional provision in part 2 of Schedule 18 to FA 2011 etc.
Annual allowance: new annual allowance for the tax year 2014-5 and subsequent years.
PLC Pensions has updated Practice note, Finance Bill 2013: pensions provisions: Restricting pensions tax relief to reflect the Finance Bill as published.
Clause 49
Drawdown pensions and dependants’ drawdown pensions.
PLC Pensions has updated Practice note, Finance Bill 2013: pensions provisions: Capped drawdown: change to annual limit to reflect the Finance Bill as published
Clause 54 and Schedule 22
Employee shareholder schemes.
Clause 55
SEIS: income tax relief.
Legislation not published in draft. Reflects the Budget announcement. Some additional drafting dealing with omissions from the Finance Act 2012.
Clause 56
SEIS: re-investment relief.
Legislation not published in draft. Reflects the Budget announcement.
Clause 61
Attribution of gains to members of non-resident companies.
Clause 62
Heritage maintenance settlements.
No changes to draft legislation.
Clause 63 and Schedule 23
EMI options and entrepreneurs’ relief etc.
Significant changes to draft legislation. See Legal update, Finance Bill 2013: EMI options and entrepreneurs' relief.
Clause 64 and Schedule 24
Charge on certain high value disposals by companies etc.
Technical changes to draft legislation following consultation responses. See Legal update, ATED-related CGT: Finance Bill 2013 amendments.
Clause 76 and Schedule 28
Close companies.
We have amended Legal update, 2013 Budget: close company loans to participators rules tightened to reflect the Finance Bill as published.
Clause 83
Removal of IHT charges in respect of decommissioning security settlements.
No significant changes to draft legislation.
Clauses 91 to 172 (Part 3) and Schedules 31 to 33
Annual tax on enveloped dwellings.
Changes to the draft legislation. We will publish a practice note on ATED rather than a separate legal update.
Clause 173
Open-ended investment companies and authorised unit trusts.
No changes to draft legislation.
Clause 174 and Schedule 34
Treatment of liabilities for inheritance tax purposes.
Clauses 175 and 176
Election to be treated as domiciled in United Kingdom.
Transfer to spouse or civil partner not domiciled in United Kingdom.
Substantial changes to clause 175 and minor changes to clause 176. See Legal update, Finance Bill 2013: IHT exemption for non-UK domiciled spouses and civil partners.
Clause 191
Reduced rate for energy-saving materials.
No changes to draft legislation.
Clauses 192 to 193 and Schedule 37
Pre-completion transactions: existing cases.
Pre-completion transactions.
Clause 192 reflects the measures announced in the guidance note published in the 2013 Budget. There are substantive changes to clause 193 and Schedule 37 (see Legal update, SDLT transfer of rights reform (pre-completion transactions): Finance Bill 2013 provisions and draft guidance).
Clause 194 and Schedule 38
Relief from higher rate.
No substantial changes to draft legislation.
Clauses 203 to 212 (Part 5) and Schedule 41
General anti-abuse rule.
Substantive changes to the draft legislation. See Legal update, GAAR: Finance Bill 2013 provisions. We will publish a practice note on the GAAR.
Clause 213 and Schedule 42
Trusts with vulnerable beneficiary.
Technical changes to draft legislation relating to powers of advancement following representations from professionals. See Legal update, Vulnerable beneficiary trusts: Finance Bill 2013 amendments protect trusts with powers of advancement.
Clause 215 and Schedule 43
Statutory residence test.
Clause 216 and Schedule 44
Ordinary residence.
Clause 218
Agreement between UK and Switzerland.
Technical changes to draft legislation, not announced at the Budget. See Legal update, Swiss Agreement levies not remittances: Finance Bill 2013 makes minor changes.
Clause 219
International agreements to improve tax compliance.
Minor change to draft legislation (power to make regulations). The substance will be in the regulations.
Clause 220
Disclosure of tax avoidance schemes.
No changes to draft legislation.
Clause 221 and Schedule 46
Powers under Proceeds of Crime Act 2002.
No changes to draft legislation.
Clauses 228 and 229
Overpayment relief: generally prevailing practice exclusion and EU law.
Overpayment relief: time limit for claims.
No changes to draft legislation.
Clause 230 and Schedule 49
Self assessment: withdrawal of notice to file etc.
No substantial changes to draft legislation. A new paragraph in Schedule 49 makes a consequential amendment as to when the late payment interest date should start if a notice to file is withdrawn.

Sources

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