- a period of sale mark
means a fiscal mark indicating any of the matters mentioned in subsection (2)(e) of section 8C above;
- a prohibited company
means— (a) the company whose shares comprised the original holding, or (b) a company that was, at the accrual time or the time of the issue of the qualifying shares (or both), a member of the same group as that company;
- a qualifying time
means any time in the period of four years beginning one year before the accrual time.
- a related company
means a company in which the investing company, or any other person who is a party to the arrangements, has a material interest.
- a relevant time
means any time in the period—
- accounting period
means a period which, in pursuance of any regulations under paragraph 41, is an accounting period for the purposes of the levy;
- accounts
has the same meaning as in section 93 above;
- administration order
means an administration order under Schedule B1 to the Insolvency Act 1986 or Article 21 of the Insolvency (Northern Ireland) Order 1989;
- administrative function
means—
- administrative receiver
means an administrative receiver within the meaning of section 251 of that Act or Article 5(1) of that Order.
- agreement
includes any arrangement or understanding (whether or not legally enforceable), and cognate expressions shall be construed accordingly;
- allowable loss
means an allowable loss for the purposes of corporation tax on chargeable gains;
- amount charged to beneficiaries
means, subject to sub-paragraph (4) below, the total of the amounts on which beneficiaries of the transferor or transferee settlements are charged to tax under this Schedule by reference to those gains for all the intervening years. 4 Where the property comprised in the transferor settlement has at any time included property not originating from the settlor, only so much (if any) of any capital payment taken into account for the purposes of paragraph 8 above as, on a just and reasonable apportionment, is properly referable to property originating from the settlor shall be taken into account in computing the amount charged to beneficiaries. 5 Expressions used in this paragraph and section 10A have the same meanings in this paragraph as in that section;
- an amount of insignificant value
means an amount of value which—
- an equivalent manual car
means a car that— a is first registered at or about the same time as the relevant car, and b does not have automatic transmission, but otherwise is the closest variant available of the make and model of the relevant car. 4 For the purposes of this paragraph a car has automatic transmission if— a the driver of the car is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or b he is provided with such means, but they do not include a clutch pedal or lever that he may operate manually. 5 In this paragraph— • “the applicable CO2 emissions figure” has the same meaning as in paragraph 3 above;
- ancillary activities
means activities that—
- annual duty shortfall
means the difference between—
- appeal tribunal
means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal;;
- approved employee share ownership plan
means an employee share ownership plan approved under this Schedule;
- approved profit sharing scheme
means a profit sharing scheme approved under Schedule 9 to the Taxes Act 1988;
- arrangements
includes any scheme, agreement or understanding, whether or not legally enforceable;
- asset
has the same meaning as in the 1992 Act.
- associate
has the meaning given by paragraph 20, but with the omission of sub-paragraph (1)(c) of that paragraph (trusts and estates).
- authorised person
means any person acting under the authority of the Commissioners.
- auto-generator
has the meaning given by paragraph 152;
- balancing event
means an event by reason of which the company is required by Part 3 of the Capital Allowances Act 2001 to bring into account any proceeds.
- branch
includes any collection of assets and liabilities;
- business
includes any trade, profession or vocation.
- capital allowance
means any allowance under the Capital Allowances Act 2001;
- capital expenditure
means expenditure on the acquisition or construction of an asset which is to be used for any of the following purposes— (a) for ascertaining the extent or characteristics of any oil-bearing area wholly or partly included in the field, or what the reserves of oil of any such oil-bearing area are;
- carbon price support rate commodity
means any taxable commodity other than electricity;
- certificate
means such a certificate as is mentioned in sub-paragraph (1)(a).
- CFC
has the same meaning as in Part 9A of TIOPA 2010.
- chargeable gain
means a chargeable gain for the purposes of corporation tax on chargeable gains;
- charitable income
means income within section 628(1) or 630(1) of ITTOIA 2005, • “non-charitable income” means income which is not charitable income, and • “qualifying income” and “UK settlement” have the same meaning as in section 628 of ITTOIA 2005.
- civil penalty
means any penalty liability to which—
- climate change agreement
has the meaning given by paragraph 46;
- climate change levy accounting document
has the meaning given by paragraph 143(2);
- close company
includes a company that would be a close company but for— (a) section 414(1)(a) of the Taxes Act 1988 (exclusion of companies not resident in the United Kingdom), or (b) section 415 of that Act (exclusion of certain quoted companies);
- co-operative
means a registered industrial and provident society which is a co-operative society.
- Coal
has the meaning given by Article 2 of Council Regulation (EC) No. 1407/2002 (state aid to coal industry).
- combined heat and power station
has the meaning given by paragraph 148(1);
- committed time
means the time that he is required as an employee in relevant employment to spend—
- company
means any body corporate;
- company reorganisation
means where a company (“the acquiring company”)—
- conclusion date
means the date of the document notifying the conclusions of the review.
- conduct
includes acts and omissions;
- connected company
means—
- connected person
has the meaning given by section 839 of the Taxes Act 1988.
- connected qualifying trade
means a qualifying trade carried on—
- control
has the meaning given by section 1124 of CTA 2010.
- controlled foreign company
has the same meaning as in Chapter IV of Part XVII of the Taxes Act 1988 (tax avoidance: controlled foreign companies);
- corresponding bonus shares
means bonus shares that— (a) are issued in respect of shares comprised in the existing holding, and (b) are of the same class, and carry the same rights, as those shares;
- daily penalty
means—
- deductible finance costs outside the ring fence
means the total of the amounts that may be brought into account in respect of finance costs in calculating for the purposes of corporation tax the company’s profits other than relevant shipping profits.
- default licence
means a licence granted by the Commissioners under sub-paragraph (1) above;
- demerger
means a transaction by which one or more companies cease to be members of a group.
- designated
means designated by an order (“a designation order”) made for the purposes of subsection (1B) of section 312 of the Taxes Act 1988 or section 184(3) of ITA 2007 (definition of “unquoted company” for the purposes of EIS).
- designer rate tax provisions
means provisions— a which appear to the Board to be designed to enable companies to exercise significant control over the amount of tax which they pay;
- diesel
means any diesel fuel within the definition in Article 2 of Directive 98/70/EC of the European Parliament and of the Council. 4 This paragraph is subject to any regulations under paragraph 5E below (power to provide for discounts). 5E The Treasury may by regulations provide for the value of the appropriate percentage as determined in accordance with paragraphs 2 to 5D above to be reduced by such amount as may be prescribed in the regulations, in such circumstances and subject to such conditions as may be so prescribed. 5F 1 This paragraph applies where the car was first registered before 1st January 1998. 2 Where the car has an internal combustion engine with one or more reciprocati
- discount
includes payment;
- disposal event
means an event as a result of which the company is required under Part 2 of the Capital Allowances Act 2001 to bring a disposal value into account.
- duty-paid fiscal mark
means a fiscal mark carried by tobacco products indicating that excise duty has been paid on the products. 3 For the purposes of this section a duty-paid fiscal mark carried by tobacco products of any description is “compliant” if it complies with all relevant requirements for any duty-paid fiscal mark that by virtue of this Act is required to be carried by such tobacco products of that description as are by virtue of this Act required to carry such a mark.
- electricity utility
has the meaning given by paragraph 150(2) (but see paragraph 150(4));
- electronic communications
includes any communications by means of an electronic communications service;
- employee benefit trust
has the same meaning as in paragraph 7 of Schedule 8 to the Taxes Act 1988.
- employee share ownership plan
means a plan established by a company providing—
- employer company
has the same meaning as in paragraph 95 (PAYE: shares ceasing to be subject to the plan);
- enactment
includes an enactment contained in an Act of the Scottish Parliament or in any Northern Ireland legislation.
- energy-saving materials
means" substitute “ For the purposes of paragraph 1(1)(aa) and (ab) above “List A energy-saving materials" means ”.
- environmental pollution
has the same meaning as in the Pollution Prevention and Control Act 1999;
- exempt CHP station
means a fully exempt combined heat and power station or a partly exempt combined heat and power station.
- exempt unlicensed electricity supplier
means a person— except where the person is acting otherwise than for purposes connected with the carrying on of activities authorised by the exemption.
- factory ship
means a vessel providing processing services for the fishing industry.
- finance costs
means the costs of debt finance.
- financial activities
includes—
- fiscal mark
means a mark carried by tobacco products indicating all or any of the following— a that excise duty has been paid on the products;
- for private purposes
means any use that is not use in performing the duties of the employee’s employment;
- foreign cash dividend
means a cash dividend paid in respect of plan shares in a company not resident in the United Kingdom;
- foreign dividend
means any annual payment, interest or dividend payable out of, or in respect of the stocks, funds, shares or securities of— a a body of persons that is not resident in the United Kingdom, or b a government or public or local authority in a country outside the United Kingdom.”
- former tonnage tax company
means a company that is not a tonnage tax company but has previously been a tonnage tax company.
- free shares
has the same meaning as in Schedule 8 to the Finance Act 2000;
- fully exempt combined heat and power station
has the meaning given by paragraph 148(2);
- gas utility
has the meaning given by paragraph 150(3) (but see paragraph 150(4));
- gifts relief
means relief under section 165 or 260;
- Great Britain
includes the territorial waters of the United Kingdom so far as adjacent to Great Britain;
- gross liability
means liability to levy before any deduction is made in respect of any entitlement to any tax credit or repayments of levy.
- group
means a parent company and its 51% subsidiaries;
- group of companies
means a company and any other companies of which it has control, and “group company” has a corresponding meaning;
- harbour or river ferry
means a vessel used for harbour, estuary or river crossings.
- Higher octane unleaded petrol
means unleaded petrol— a whose research octane number is not less than 96 and whose motor octane number is not less than 86;
- HMRC
means Her Majesty’s Revenue and Customs;
- holding
means any number of shares of the same class in another company held by the company in the same capacity, growing or diminishing as shares of that class are acquired or disposed of.
- identifiable group
means a group that is identified in the agreement or that at any relevant time can be identified under the agreement.
- incidental acquisition costs
means any fees, commission, stamp duty and similar incidental costs attributable to the acquisition of the shares.
- incidental activities
means activities carried on in pursuance of incidental purposes.
- incidental purposes
means purposes having no significant effect (other than in relation to incidental matters) on the extent of the activities of the company in question;
- income from investments
includes anything chargeable to tax under—
- independent individual
means an individual who is not, at any time during that period when he holds ordinary shares in the issuing company— For this purpose “relative” means spouse or civil partner, parent or remoter forebear or child or remoter issue.
- information on pre-arranged exits
means any information indicating the possibility of making, on or after the issue of the relevant shares but before the end of the qualification period relating to them, arrangements of the kind described in paragraph (a), (b), (c) or (d) of sub-paragraph (1), and
- installation
means a stationary technical unit.
- intangible asset
means any asset which falls to be treated as an intangible asset in accordance with generally accepted accounting practice.
- intellectual property
means—
- interest in land
means, subject to sub-paragraph (4)—
- investment relief
has the same meaning as in that Schedule;
- jointly owned company
means a company—
- lease
means any arrangements that provide for a ship to be leased or otherwise made available by a person (“the lessor”) to another person (“the lessee”).
- legislation
means any enactment, EU legislation or subordinate legislation;
- List A energy-saving materials
means ”.
- List B energy-saving materials
means any of the following— a gas-fired room heaters that are fitted with thermostatic controls;
- long funding operating lease
means a long funding operating lease for the purposes of Part 2 of the Capital Allowances Act (see section 70YI(1) of that Act).
- loss relief
includes any means by which a loss might be used to reduce the amount in respect of which that company, or any other company, is chargeable to tax.
- losses
includes management expenses and any allowances falling to be made under section 28 or 61(1) of the Capital Allowances Act 1990;
- market value
has the same meaning as in Schedule 8 to the Finance Act 2000;
- member of the public
means a member of the public at large with whom the lender deals at arm’s length.”
- merger
means a transaction by which one or more companies become members of a group, and • “demerger” means a transaction by which one or more companies cease to be members of a group.
- Metallurgical process
means a process of any of the following descriptions.
- Mineralogical process
means a process falling within Division 23 of NACE Rev 2.
- monthly duty shortfall
has the meaning given by paragraph 8(2).
- new section 170
means section 170 of that Act, as amended by the main amendments;
- new section 179
means section 179 of the Taxation of Chargeable Gains Act 1992 (c. 12) as it has effect in relation to assets acquired on or after 1st April 2000;
- new shares
means shares comprised in the new holding which were issued in respect of, or otherwise represent, shares comprised in the original holding;
- non-charitable income
means income which is not charitable income, and • “qualifying income” and “UK settlement” have the same meaning as in section 628 of ITTOIA 2005.
- non-compliance risk
means a risk that a loss will be sustained by any person if payments under the lease are not made in accordance with its terms.
- non-qualifying activities
means—
- non-railway vehicle
means— (a) any vehicle other than a railway vehicle, or (b) any ship, that is designed or adapted to carry not less than 12 passengers.
- non-redeemable shares
means shares which are not redeemable shares.”
- non-resident taxpayer
means a person who— (a) is or is required to be registered for the purposes of the levy, and (b) is not resident in the United Kingdom;
- Nursing home
means an establishment that exists wholly or mainly for the provision of nursing care—
- offshore activities
means activities in connection with the exploration or exploitation of so much of the seabed or subsoil or their natural resources as is situated in the UK sector of the continental shelf.
- oil rig
means any ship which is an offshore installation for the purposes of the Mineral Workings (Offshore Installations) Act 1971;
- old section 170
means section 170 of the Taxation of Chargeable Gains Act 1992, as it stands before the main amendments.
- on bareboat charter terms
means a hiring of a ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew.
- on ordinary commercial terms
means a loan— a made by a person (“the lender”) in the ordinary course of a business carried on by him which includes— i the lending of money, or ii the supplying of goods or services on credit, and b in relation to which the requirements of paragraph 2, 3 or 4 below are met. 2 1 This paragraph applies to any loan and the relevant time for the purposes of this paragraph is the time the loan was made. 2 The requirements of this paragraph are— a that at the relevant time comparable loans were available to all those who might be expected to avail themselves of the services provided by the lender in the course of his business;
- operating expenditure
means any expenditure other than capital expenditure. 6 Where a claim period is a period of twelve months, this section shall have effect as if— a that period were two separate claim periods of six months each;
- option
means any right to acquire shares;
- ordinary share capital
has the meaning given in section 832(1) of the Taxes Act 1988;
- ordinary shares
means shares forming part of a company’s ordinary share capital;
- ordinary trade debt
means any debt for goods or services supplied in the ordinary course of a trade or business where any credit given— (a) does not exceed six months, and (b) is not longer than that normally given to customers of the person carrying on the trade or business;
- original funds
means any money held by the trustees of the employee share ownership trust in a bank or building society account at midnight on 20th March 2000, and b any payment made by the trustees after that time (whether to acquire shares or otherwise) shall be treated as made out of original funds (and not out of money received after that time) until those funds are exhausted.”
- original holding
has the meaning given by sub-paragraph (1).
- outputs
has the meaning given by paragraph 148(9).
- overseas company
means a company that is not resident in the United Kingdom.
- parent company
means a company that— (a) has one or more 51% subsidiaries, but (b) is not itself a 51% subsidiary of another company;
- participating company
means the parent company or any other company to which for the time being the plan is expressed to extend.
- participator
has the meaning given by section 417(1) of that Act.
- partly exempt combined heat and power station
has the meaning given by paragraph 148(3);
- payment
includes a repayment;
- permitted transferee
means a person to whom, under the articles of association of the company, the employee is permitted to transfer the shares.
- pleasure craft
means a vessel of a kind whose primary use is for the purposes of sport or recreation.
- post-dating
means that the products carry a fiscal mark (“the later period mark”) that— a is not one they are required to carry by virtue of this Act, and b is one they would be required to carry by virtue of this Act if the requirement to pay the duty charged on them under section 2 above took effect at a time later than that at which it in fact takes effect. 5 The provision that may be made by regulations under subsection (4) above is for the penalty to be calculated by reference to the duty currently charged on the products.
- prescribed
means prescribed by regulations under this paragraph.
- profits
includes gains, income and any charges falling to be made under section 28 or 61(1) of that Act. 93 1 This section applies where in an accounting period a company carries on a business and either the first condition or the second condition is fulfilled. 2 The first condition is that— a the accounts of the company as a whole are prepared in a currency other than sterling in accordance with normal accounting practice;
- property deriving its value from land
has the meaning given by section 833(2) of CTA 2010
- Property development
means the development of land—
- Property managing subsidiary
means a qualifying subsidiary of the issuing company whose business consists wholly or mainly in the holding or managing of land or any property deriving its value from land.
- protected assets
has the meaning given by section 88(4). 6 1 For the purposes of this Schedule the chargeable amount in relation to a transfer of value shall be reduced by the amount of any chargeable gains arising by virtue of that transfer of value that— a are by virtue of section 86(4) treated as accruing to the settlor, or b where section 10A applies, are treated by virtue of that section (as it has effect subject to paragraph 12 below) as accruing to the settlor in the year of return. 2 In determining for the purposes of sub-paragraph (1)(a) the amount of chargeable gains arising by virtue of a transfer of value that are treated as accruing to the settlor, there shall be disregarded any losses which arise otherwise than by virtue of Schedule 4B. 3 In computing the chargeable amount in relation to a transfer of value the effect of sections 77 to 79 shall be ignored. 7 1 An allowable loss arising under Schedule 4B in relation to a transfer of value by the trustees of a settlement may be taken into account in accordance with this paragraph to reduce for the purposes of this Schedule the chargeable amount in relation to another transfer of value by those trustees. 2 Any such all
- provision for forfeiture
means any provision to the effect that a participant shall cease to be beneficially entitled to the shares on the occurrence of certain events, and references to forfeiture shall be construed accordingly.
- qualifying activity
means any activity in respect of which a person may be entitled to a capital allowance;
- qualifying corporate bond
has the meaning given by section 117 of the Taxation of Chargeable Gains Act 1992;
- qualifying dredger
means a dredger which— (but see further paragraph 20A).
- qualifying expenditure
means expenditure in respect of which a person is or may be entitled to a capital allowance.
- qualifying group
means a group of which one or more members are qualifying companies.
- qualifying loan
means a loan made to a person where, assuming interest is paid on the loan (whether or not it is in fact paid), the whole or part of the interest paid on it for the year— a is eligible for relief under section 353 or would be so eligible but for subsection (2) of that section, or b is deductible in computing the amount of the profits to be charged— i under Case I or II of Schedule D in respect of a trade, profession or vocation carried on by him, or ii under Schedule A in respect of a Schedule A business carried on by him. 2 Section 160(1) does not apply to a loan in any year in which, on the assumption mentioned in subsection (1) above, the whole of the interest paid on it
- qualifying option
means an option—
- qualifying partnership
means a partnership that if it were a company would meet the requirements in paragraph 16(1) (qualifying companies).
- qualifying payment
means— (a) any payment by any person for any goods, services or facilities provided by the investing company (in the course of its trade or otherwise) which is reasonable in relation to the market value of those goods, services or facilities;
- qualifying property
means any debt due, stock or securities, to the extent that the debt, stock or securities are not chargeable securities, within the meaning of Part IV of the Finance Act 1986 (stamp duty reserve tax).
- qualifying security goods
means any of the following— a locks or bolts for windows;
- qualifying ship
means, subject to sub-paragraph (2), a seagoing ship of 100 tons or more gross tonnage used for—
- qualifying transfer
has the meaning given in paragraph 76 (acquisition by trustees of shares from employee share ownership trust).
- readily convertible asset
has the same meaning as in section 203F of the Taxes Act 1988 (PAYE: tradeable assets).
- reconstruction or amalgamation
means an issue by a company (“company B”) of shares in or debentures of that company in exchange for or in respect of shares in or debentures of company A.
- reduced-rate supply
has the meaning given by paragraph 44(1) (which, by virtue of paragraph 44(2), has effect subject to paragraph 44(2A) to (2D) andparagraphs 45 and 45B);
- redundancy
has the same meaning as in the Employment Rights Act 1996 or the Employment Rights (Northern Ireland) Order 1996.
- registered
means registered in the register maintained under paragraph 53(2);
- regulations
means regulations made by the Commissioners.
- reimbursement arrangements
means any arrangements for the purposes of a claim to a repayment of levy which—
- relative
means spouse or civil partner, parent or remoter forebear or child or remoter issue.
- relevant accounting period
means an accounting period ending not more than six years before the day on which the company ceased to be a tonnage tax company.
- relevant date
means—
- relevant discounted security
has the meaning given by paragraph 3 of Schedule 13 to the Finance Act 1996. 3G In subsection (3E)(c) above “foreign dividend” means any annual payment, interest or dividend payable out of, or in respect of the stocks, funds, shares or securities of— a a body of persons that is not resident in the United Kingdom, or b a government or public or local authority in a country outside the United Kingdom.”
- relevant disposal
means a disposal—
- relevant period
means—
- relevant preference shares
means shares which—
- relevant provisions
means provisions of or made under—
- relevant requirement
means any requirement other than one the penalty for a contravention of which is specified in paragraph 41(3), 114(3) or 125(6).
- relevant shares
means— (i) shares that are held by the trustees of the employee share ownership trust at midnight on 20th March 2000, and (ii) shares purchased by those trustees with original funds after that time. 3AD For the purposes of subsection (3AC) above— a “original funds” means any money held by the trustees of the employee share ownership trust in a bank or building society account at midnight on 20th March 2000, and b any payment made by the trustees after that time (whether to acquire shares or otherwise) shall be treated as made out of original funds (and not out of money received after that time) until those funds are exhausted.”
- relevant station
means a generating station which is neither an exempt CHP station nor a stand-by generator.
- relevant trade
means a trade by reference to which the issuing company meets the trading activities requirement.
- remunerative work
means— or, in either case, which would be so chargeable if the employee were resident and ordinarily resident in the United Kingdom.
- renewable source declaration
means a declaration that, in each averaging period, the amount of electricity supplied by exempt renewable supplies made by the supplier in the period will not exceed the difference between—
- reorganisation
has the meaning given in section 126 of that Act.
- repayment
has the meaning given in paragraph 57(2).
- repayment arrangements
means arrangements which provide— a for a repayment by the company that issued the shares (“the issuing company”) or any subsidiary of that company, or b for anyone to be entitled to such a repayment, at any time. 6 Sub-paragraph (5)(a) above applies in relation to a subsidiary of the issuing company whether or not it was such a subsidiary— a at the time of the repayment mentioned in sub-paragraph (1) above, or b when the arrangements were made. 7 Where, but for the existence of paragraph 57(1) of Schedule 15 to the Finance Act 2000 (receipts causing insignificant changes to share capital to be disregarded), any investment relief would be withdrawn by reason of a repayment, the repayment shall be disregarded for the purposes of paragraph 14 above. 8 In this paragraph— a “investment relief” has the same meaning as in that Schedule;
- representative
has the meaning given by paragraph 47(2), and • “specified” means specified in, or determined in accordance with, the regulations.
- research and development
has the meaning given by section 1138 of CTA 2010;
- resident in the United Kingdom
has the meaning given by paragraph 156;
- residential accommodation
means— a a building, or part of a building, that consists of a dwelling or a number of dwellings;
- Residential care home
means an establishment that exists wholly or mainly for the provision of residential accommodation, together with board and personal care, for persons in need of personal care by reason of—