- a 2020 loss carry-back allocation statement
has the meaning given by paragraph 11(1)(a);
- a 2021 loss carry-back allocation statement
has the meaning given by paragraph 11(1)(b);
- a business
includes any activity of a government department or other public authority, or of a charity, that is carried out for commercial purposes.
- a loss carry-back allocation statement
means a 2020 loss carry-back allocation statement or a 2021 loss carry-back allocation statement.
- a non-UK scheme
means any provision of the law of a member State which implements Section 3 of Chapter 6 of Title XII of the VAT Directive. 2 In relation to a non-UK scheme, references to the “administering member State” are to the member State under whose law the scheme is established. 17 1 A participant in a non-UK scheme is not required to be registered under this Act by virtue of making scheme supplies in respect of which the participant is required to make returns under that other scheme. 2 Sub-paragraph (1) overrides any contrary provision in this Act. 3 Where a participant in a non-UK scheme who is not registered under this Act (“the unregistered person”) makes relevant supplies, it is to be assumed for all purposes of this Act relating to the determination of— a whether or not VAT is chargeable under this Act on those supplies, b how much VAT is chargeable under this Act on those supplies, c the time at which those supplies are treated as taking place, and d any other matter that the Commissioners may specify by regulations, that the unregistered person is registered under this Act. 4 Scheme supplies made by the unregistered person are “relevant supplies” if— a the value
- accounting period
has the meaning given by section 46(2);
- additional VAT liability
has the meaning given by section 547(1) of CAA 2001.
- AIF
has the meaning given by regulation 3 of the Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773);
- an agricultural vehicle
means— a a tractor;
- annual accounting scheme instalment
means an amount payable to HMRC by virtue of regulation 50(2)(a) of the Value Added Tax Regulations 1995 (S.I. 1995/2518).
- appeal period
means the period during which—
- appeal tribunal
means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.
- applicable arrangements
means— (a) in relation to a disclosure falling within subsection (1)(za) or (zb), arrangements falling within the description specified in the stop notice to which the disclosure relates, or (b) in relation to a disclosure falling within subsection (1)(a) or (b), relevant arrangements;
- applicable proposal
means— (a) in relation to a disclosure falling within subsection (1)(za) or (zb), a proposal for arrangements falling within the description specified in the stop notice to which the disclosure relates, or (b) in relation to a disclosure falling within subsection (1)(a) or (b), a relevant proposal;
- applicant
means a person making a registration request under paragraph 5 of Schedule 9ZD or paragraph 5 of Schedule 9ZE to the Act;
- arrangement
includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);
- arrangements
includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).
- assessment
has the same meaning as in paragraph 3 of Schedule 53;
- assets
has the meaning given in section 21(1) of TCGA 1992, but also includes sterling;
- augmented profits
has the same meaning as in Part 3A (see sections 18L and 18M), and • “close investment-holding company” has the same meaning as in that Part (see section 18N).”
- authorisation
means an authorisation mentioned in the first column of the table in sub-paragraph (2);
- authorised activity
means the activity authorised by an authorisation (described, for ease of reference, in the second column of the table);
- authorised person
means a person acting under the authority of the Commissioners.
- business customer
means a person who is supplied with a plastic packaging component in the course of their carrying out a business (within the meaning of section 43(2)).
- Calendar quarter
means a period of 3 months beginning with 1 January, 1 April, 1 July or 1 October.
- caravan
has the meaning given by section 29(1) of the Caravan Sites and Control of Development Act 1960;
- certified person
means a person certified under a chemical recycling certification scheme;
- close investment-holding company
has the same meaning as in that Part (see section 18N).”
- collective investment scheme
has the meaning given by section 235 of the Financial Services and Markets Act 2000;
- collective money purchase benefits
means benefits that are collective money purchase benefits within the meaning of Part 1 or 2 of the Pension Schemes Act 2021.”
- community amateur sports club
has the meaning given by section 658 of the Corporation Tax Act 2010;
- company UK REIT
has the same meaning as in Part 12 of CTA 2010 (see section 524(5) of that Act);
- conclusion date
means the date of the document notifying the conclusions of the review.
- connected person
means a person who is connected with the purchaser. 2 Section 1122 of the Corporation Tax Act 2010 (connected persons) has effect for the purposes of this paragraph. 5 1 This paragraph applies to a land transaction if at least 90% of the chargeable consideration for the transaction is attributable to qualifying freeport land. 2 The transaction is exempt from charge. 6 1 This paragraph applies to a land transaction if the proportion of the chargeable consideration for the transaction that is attributable to qualifying freeport land (“the relevant proportion”) is less than 90% but at least 10%. 2 The tax chargeable in respect of the transaction is reduced by the relevant proportion. 7 1 For the purposes of this Schedule, the consideration attributable to qualifying freeport land must be determined on a just and reasonable basis. 2 Sub-paragraphs (3) and (4) apply if less than 100% of the chargeable consideration attributable to transaction land situated in a freeport tax site (“the freeport consideration”) is attributable to land that satisfies the condition in paragraph 2(b). 3 If at least 90% of the freeport consideration is attributable to land that satisfies th
- connection
includes a connection in the past as well as a connection in the present, and b references to a connection between two companies include any dealings between them. 6 In this section references to a loan creditor of a company are to be read in accordance with section 453. 18J 1 Subsection (2) applies if— a two companies (“A” and “B”) are controlled by the same person by virtue of rights or powers (or both) held in trust by that person, and b there is no other connection between A and B. 2 In determining for the purposes of this Part whether A and B are associated with each other, the rights and powers mentioned in subsection (1)(a) are ignored. 3 In subsection (1)— a “control” has the same meaning as in section 18E(4), b “connection” includes a connection in the past as well as a connection in the present, and c the reference to a connection between A and B includes any dealings between them. 18K 1 This section applies if a company (“the issuing company”) appears to an officer of Revenue and Customs to be a close company. 2 The officer may, for the purposes of this Part, by notice require the issuing company to provide the officer with— a particulars of any bearer secur
- constituent members
means, in relation to a business specified in a direction under section 72, the persons named in the direction, together with any person named in a supplementary direction relating to that business (together being the persons who are to be treated as the taxable person).
- consumed fuel
means fuel added to the mixture that is consumed to provide energy for the processing of the mixture;
- contract
includes any agreement;
- control
has the same meaning as in Part 10 (see sections 450 and 451). 6 In this section— a subsection (3) is subject to section 18F, and b subsections (4) and (5) are subject to sections 18G to 18J. 18F 1 Subsection (2) applies if a company carries on a business of making investments in an accounting period and throughout the period the company— a carries on no trade, b has one or more 51% subsidiaries, and c is a passive company. 2 The company is treated for the purposes of section 18E(3) as not carrying on a business at any time in the accounting period. 3 A company is a passive company throughout an accounting period only if the following requirements are met— a it has no assets in that period, other than shares in companies which are its 51% subsidiaries, b no income arises to it in that period other than dividends, c if income arises to it in that period in the form of dividends— i the redistribution condition is met (see subsection (4)), and ii the dividends are exempt distributions of a qualifying kind received by it (see subsection (5)), d no chargeable gains accrue to it in that period, e no expenses of management of the business mentioned in subsection (1) are referabl
- coronavirus
has the same meaning as in the Coronavirus Act 2020 (see section 1(1) of that Act);
- coronavirus support arrangement
means an arrangement where— is waived, or reduced, for purposes connected with the provision of support to businesses in connection with coronavirus.
- coronavirus support payment
has the meaning it has in Schedule 16 to FA 2020 (see section 106(2) and (5) of that Act).
- coronavirus test
means a test which detects the presence of a viral antigen or viral ribonucleic acid (RNA) specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
- Crown employment
means employment under the Crown— a which is of a public nature, and b the earnings from which are payable out of the public revenue of the United Kingdom or of Northern Ireland. 5 Section 1011 of the Income Tax Act 2007 (references to married persons, or civil partners, living together) applies for the purposes of this paragraph. 7 1 For the purposes of this Schedule a company is “non-resident” in relation to a chargeable transaction if either of the following conditions is met. 2 The first condition is that, on the effective date of the chargeable transaction, the company is not UK resident for the purposes of the Corporation Tax Acts (see Chapter 3 of Part 2 of CTA 2009). 3 The second condition is that, on the effective date of the chargeable transaction, the company (though UK resident for the purposes of the Corporation Tax Acts)— a is a close company (see paragraph 8), b meets the non-UK control test in relation to the transaction (see paragraphs 9 and 10), and c is not an excluded company (see paragraph 11). 4 This paragraph is subject to— a paragraph 15 (co-ownership authorised contractual schemes);
- daily penalty
means a penalty imposed under section 80(1)(b).
- data protection legislation
has the meaning given by section 3(9) of the Data Protection Act 2018;
- day of registration
means the day on which the vehicle in respect of which the licence is in force was first registered under this Act or under the law of a country or territory outside the United Kingdom.”
- de minimis claim
means a 2020 de minimis claim or a 2021 de minimis claim;
- debt relief order
means such an order under— (a) Part 7A of the Insolvency Act 1986, or (b) Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));
- deemed employer
means a person who would, but for this section, be treated by section 61N(3) as making a payment to the worker;
- Effective date
has the same meaning for the purposes of sub-paragraph (8) as for the purposes of Part 4 of FA 2003 (see section 119 of that Act).”
- enactment
includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.”
- excluded rents
has the same meaning as in section 133 of the Finance Act 2013;
- fair
means a fair consisting wholly or principally of the provision of amusements;
- financial institution
means— a a financial institution under the CRS other than one which is such an institution because (and only because) it is an investment entity within section VIII (A)(6)(b) of the CRS, or b a person who issues credit cards. 2 In this paragraph “the CRS” means the common reporting standard for automatic exchange of financial account information developed by the Organisation for Economic Co-operation and Development, as that standard has effect from time to time.”
- financial institution notice
means a notice under paragraph 4A of Schedule 36 to FA 2008;
- finished
has the meaning given by section 47(3);
- fixed-rate preference shares
means shares which— a were issued wholly for new consideration, b do not carry any right either to conversion into shares or securities of any other description or to the acquisition of any additional shares or securities, and c do not carry any right to dividends other than dividends which— i are of a fixed amount or at a fixed rate per cent of the nominal value of the shares, and ii together with any sum paid on redemption, represent no more than a reasonable commercial return on the consideration for which the shares were issued. 3 In subsection (2)(a) “new consideration” has the meaning given by section 1115. 18I 1 A company (“A”) is not under the control of another company (“B”) for the purposes of section 18E(4) if— a B is a loan creditor of A, b there is no other connection between A and B, and c either— i B is not a close company, or ii B's relationship to A as a loan creditor arose in the ordinary course of a business which B carries on. 2 Subsection (3) applies if— a two companies (“A” and “B”) are controlled by the same person who is a loan creditor of each of them, b there is no other connection between A and B, and c either— i the loan cr
- flawed
means flawed when considered in the light of the principles applicable in proceedings for judicial review.
- freeport tax site
means an area for the time being designated under section 113 of the Finance Act 2021.”
- fuel gas
means any substance which would be road fuel gas within the meaning given by section 5(1) if it were for use as fuel in a road vehicle;
- fulfilment business
means a business that stores or packs goods that are owned by another person with a view to sale by that person;
- golf course
includes driving range (whether or not on the site of a golf course). 2 In this Schedule, references to a vehicle being used— a on a golf course, or b on land maintained by a community amateur sports club, include references, when two parts of the golf course or land are on either side of a road, to the vehicle going between the two parts by the shortest practicable route. 3 In this Schedule, a fair or circus is a travelling fair or circus if— a it is provided or operated wholly or principally by persons who travel from place to place for the purpose of providing or operating fairs or circuses, and b it is held at a place no part of which has been used for the provision of that
- gross liability
means liability to plastic packaging tax before any deduction is made in respect of—
- group
has the meaning given by section 269ZZB of CTA 2010 (meaning “group” in Part 7ZA of CTA 2010).
- group relief claim
means— (a) a claim for group relief under Part 5 of CTA 2010, or (b) a claim for group relief for carried-forward losses under Part 5A of CTA 2010;
- group UK REIT
has the same meaning as in Part 12 of CTA 2010 (see section 523(5) of that Act). 12 1 This paragraph applies where— a there are two or more purchasers in relation to a chargeable transaction who are or will be jointly entitled to the interest acquired, and b the following conditions are met in relation to those purchasers. 2 The conditions are— a that, on the effective date of the transaction, the purchasers, or (if there are more than two) two of them, are spouses or civil partners of each other;
- HMRC
means Her Majesty's Revenue and Customs.
- input tax obligation
means an obligation imposed on a taxable person relating to a claim to deduct under section 25(2) or to the payment of a VAT credit. 37 No charge to VAT occurs on the importation of goods into the United Kingdom as a result of their entry into Northern Ireland, or their removal to Northern Ireland from Great Britain, where— a that importation is in the course of a supply of those goods which is a qualifying supply of goods, and b the person making the supply is registered under the IOSS scheme. 38 1 Sub-paragraphs (3) and (4) apply (instead of sections 6 and 7) for the purposes of determining when and where a supply of goods within sub-paragraph (2) takes place. 2 A supply of goods is within this sub-paragraph where— a the supply of those goods is a qualifying supply of goods, b the supply is not facilitated by an online marketplace, c the person making the supply is registered under the IOSS scheme, and d the goods are supplied to a person in Northern Ireland or a member State. 3 The supply of goods is to be treated as taking place at the time when payment for the goods has been accepted, within the meaning of Article 61b of the Implementing Regulation. 4 Th
- intellectual property
means— (a) any patent, trade mark, registered design, copyright, design right or plant breeder's right, (b) any rights under the law of a country or territory outside the United Kingdom which correspond or are similar to those falling within paragraph (a), or (c) any information or technique not protected by a right within paragraph (a) or (b) but having industrial, commercial or other economic value;
- interest distribution designation
means a designation made under regulation 5(2) of the Investment Trusts (Dividends) (Optional Treatment as Interest Distributions) Regulations 2009 (S.I. 2009/2034).”
- interim bankruptcy restrictions order
means such an order (or as the case may be, undertaking) under— (a) Schedule 4A to the Insolvency Act 1986, (b) Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or (c) Part 13 of the Bankruptcy (Scotland) Act 2016 (asp 21);
- interim debt relief restrictions order
means such an order (or as the case may be, undertaking) under— (a) Schedule 4ZB to the Insolvency Act 1986, or (b) Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)). 5 1 A falls within this case if— a there has been a relevant transfer to A, or b there has been a relevant transfer to a body corporate or partnership that A controls, or has significant influence over. 2 For the purposes of sub-paragraph (1) “relevant transfer” means a transfer of— a the whole of the business of a person carrying on business as a promoter;
- joint and several liability notice
has the meaning that it has in Part 2 of Schedule 9;
- licensing authority
means the person who grants an authorisation (described, for ease of reference, in the third column of the table);
- loan creditor
has the meaning given by section 453, and • “securities” includes— (a) shares, stocks, bonds, debentures and debenture stock, and (b) any promissory note or other instrument evidencing indebtedness to a loan creditor of the company. 18L 1 For the purposes of this Part a company's “augmented profits” of an accounting period are— a the company's taxable total profits of that period, plus b any exempt distributions of a qualifying kind received by the company (“R”) that are not excluded. 2 For the purposes of this section a distribution is an “exempt distribution of a qualifying kind” if— a it is a distribution for the purposes of the Corporation Tax Acts because (and only because) it falls within paragraph A, B, G or H in section 1000(1), and b it is exempt for the purposes of Part 9A of CTA 2009 (company distributions). 3 For the purposes of this section a distribution which R receives from a company (“C”) is excluded if— a C is a 51% subsidiary of R or of a company of which R is a 51% subsidiary, or b C is a trading company or relevant holding company that is a quasi-subsidiary of R. 4 Section 18M— a makes further provision for determining whether a company is a 51%
- medicinal product
has the meaning given by regulation 2(1) of those Regulations.
- new consideration
has the meaning given by section 1115. 18I 1 A company (“A”) is not under the control of another company (“B”) for the purposes of section 18E(4) if— a B is a loan creditor of A, b there is no other connection between A and B, and c either— i B is not a close company, or ii B's relationship to A as a loan creditor arose in the ordinary course of a business which B carries on. 2 Subsection (3) applies if— a two companies (“A” and “B”) are controlled by the same person who is a loan creditor of each of them, b there is no other connection between A and B, and c either— i the loan creditor is a company which is not a close company, or ii the loan creditor's relationship to each of A and B as a loan creditor arose in the ordinary course of a business which the loan creditor carries on. 3 In determining for the purposes of this Part whether A and B are associated with each other, rights which the loan creditor has as a loan creditor of A, or as a loan creditor of B, are ignored. 4 In subsection (2)(a) “control” has the same meaning as in section 18E(4). 5 In this section— a “connection” includes a connection in the past as well as a connection in the present, and b r
- nominated partner
has the meaning given by paragraph 5(5) of Schedule A1 to TMA 1970;
- non-de minimis 2020 claim
means a 2020 claim that is not a de minimis 2020 claim;
- non-de minimis 2021 claim
means a 2021 claim that is not a de minimis 2021 claim;
- non-de minimis claim
means a non-de minimis 2020 claim or a non-de minimis 2021 claim.
- non-resident taxpayer
means a person who—
- non-UK return
means a return required to be made, for a tax period, under a non-UK scheme;
- non-UK scheme
has the meaning given by paragraph 16(1);
- notice
means a notice given under paragraph 25(3) of Schedule 9ZD or paragraph 19(3) of Schedule 9ZE to the Act. 2 A person giving a notice (P) must do so— a no later than 4 years after the end of the tax period in respect of which the return identified in the notice was required to be made;
- notice of liability
means— (a) a notice under section 7 of TMA 1970 (notice of liability to income tax), or (b) a notice under paragraph 2 of Schedule 18 to FA 1998 (duty to give notice of chargeability to corporation tax);
- obligatory records
means records kept in accordance with an obligation imposed in accordance with Article 369k of the VAT Directive. 15 Section 44 of the Commissioners for Revenue and Customs Act 2005 (requirement to pay receipts into the Consolidated Fund) does not apply to any money received for or on account of VAT that is required to be paid to a member State under Article 46 of Council Regulation (EU) No 904/2010. 16 1 In this Schedule “a non-UK scheme” means any provision of the law of a member State which implements Section 3 of Chapter 6 of Title XII of the VAT Directive. 2 In relation to a non-UK scheme, references to the “administering member State” are to the member State under whose law the scheme is established. 17 1 A participant in a non-UK scheme is not required to be registered under this Act by virtue of making scheme supplies in respect of which the participant is required to make returns under that other scheme. 2 Sub-paragraph (1) overrides any contrary provision in this Act. 3 Where a participant in a non-UK scheme who is not registered under this Act (“the unregistered person”) makes relevant supplies, it is to be assumed for all purposes of this Act relati
- online marketplace
means a website, or any other means by which information is made available over the internet, which facilitates the sale of goods through the website or other means by persons other than the operator (whether or not the operator also sells goods through the marketplace);
- operator
means the person who controls access to, and the contents of, the online marketplace or the fulfilment business.
- Organic recycling
means the aerobic or anaerobic treatment, under controlled conditions and using micro-organisms, of biodegradable matter, which produces stabilised organic residues or methane.
- output tax
has the meaning that expression would have if the reference in section 24(2) to a “taxable person” were to a “person”. 31 1 A person may make a claim if the person— a has made a non-UK return for a tax period relating wholly or partly to scheme supplies treated as made in the United Kingdom, b has accounted to the tax authorities for the administering member State for VAT in respect of those supplies, and c in doing so has brought into account as UK VAT due to those authorities an amount (“the overpaid amount”) that was not UK VAT due to them. 2 A person may make a claim if the person has, as a participant in a non-UK scheme, paid (to the tax authorities for the administering member State or to the Commissioners) an amount by way of UK VAT that was not UK VAT due (“the overpaid amount”), otherwise than in the circumstances mentioned in sub-paragraph (1)(c). 3 A person who is or has been a participant in a non-UK scheme may make a claim if the Commissioners— a have assessed the person to VAT for a tax period, and b in doing so, have brought into account as VAT an amount (“the amount not due”) that was not VAT due. 4 Where a person makes a claim under sub-paragraph (1) o
- PAIF
means a body corporate that is a property AIF for the purposes of Schedule 7A to this Act by virtue of paragraph 2(2) of that Schedule;
- participant in a special scheme
means a person who— (a) is registered under the IOSS scheme, or (b) is identified under any provision of the law of a member State which implements Section 4 of Chapter 6 of Title XII of the VAT Directive;
- participator
has the meaning given by section 454 of CTA 2010.”
- partner
includes a member of such a body.
- partnership
includes a limited liability partnership that is carrying on a business with a view to profit, and
- partnership return
means a section 12AA partnership return or a Schedule A1 partnership return. 4 1 If an officer of Revenue and Customs considers, in relation to a partnership— a that a partnership return has been made on the basis that a tax advantage arises (or might arise) to one or more partners from tax arrangements that are abusive, and b that, on the assumption that the advantage does arise from tax arrangements that are abusive, it ought to be counteracted under section 209, the officer may give a written notice to that effect (a “protective GAAR notice”) to the responsible partner. 2 Subsections (2) to (9) of section 209AA apply in relation to a protective GAAR notice given under
- payment arrangements
means arrangements with HMRC (whether general or individually tailored) under which the sum is to be paid and includes arrangements entered into before this Schedule comes into force.
- payment on account
means a payment on account required under section 28 of VATA 1994;
- penalty
means a penalty under section 80 (penalty for contravening relevant requirements).
- period for requiring a review
means—
- Plastic
means a material consisting of a polymer, other than a cellulose-based polymer that has not been chemically modified, to which additives or other substances may have been added.
- post-review period
has the same meaning as in section 49G (see subsection (5) of that section).”
- potential double deduction amount
means the hybrid double deduction amount that would arise in relation to the relevant fund if it were an investor in the hybrid entity. 5 Where the investor is connected (within the meaning given by section 1122 of CTA 2010, ignoring subsections (4) and (7) of that section) to another investor with an interest in the relevant fund, the rights and interests of those investors are to be aggregated (and accordingly, if the sum of the relevant amounts in respect of each of them is 10% or more of the potential double deduction amount, that proportion is not to be ignored). 259MD 1 Subsection (2) applies where— a Chapter 11 applies as a result of sub-paragraph (
- prescribed
means specified in or under, or determined in accordance with provision made in or under, regulations under this section.
- prescribed accounting period
has the same meaning as in VATA 1994;
- principal VAT Directive
means Council Directive 2006/112/EC of 28 November on the common system of value added tax;
- process losses
means material, other than consumed fuel, added to the mixture which is converted to waste products as part of the processing (and which is not withdrawn from the mixture);
- property rental business
means a property business as defined in Chapter 2 of Part 3 of the Income Tax (Trading and Other Income) Act 2005. 4 1 In this Schedule, “connected person” means a person who is connected with the purchaser. 2 Section 1122 of the Corporation Tax Act 2010 (connected persons) has effect for the purposes of this paragraph. 5 1 This paragraph applies to a land transaction if at least 90% of the chargeable consideration for the transaction is attributable to qualifying freeport land. 2 The transaction is exempt from charge. 6 1 This paragraph applies to a land transaction if the proportion of the chargeable consideration for the transaction that is attributable to qualifying freeport land (“the relevant proportion”) is less than 90% but at least 10%. 2 The tax chargeable in respect of the transaction is reduced by the relevant proportion. 7 1 For the purposes of this Schedule, the consideration attributable to qualifying freeport land must be determined on a just and reasonable basis. 2 Sub-paragraphs (3) and (4) apply if less than 100% of the chargeable consideration attributable to transaction land situated in a freeport tax site (“the freeport consideration
- protective GAAR notice
means a protective GAAR notice given under section 209AA or paragraph 4 of Schedule 43D. 7 In this section “the responsible partner” and “partnership return” have the same meaning as in Schedule 43D.”
- public authority
includes any person certain of whose functions are functions of a public nature.
- qualifying company
means a company which— a is under the control of the candidate company or of a company which has control of the candidate company, and b exists wholly or mainly for either or both of the purposes mentioned in subsection (2)(a) or (b). 7 In this section— • “control” has the meaning given by section 450, and • “relative” means brother, sister, ancestor or lineal descendant.”
- qualifying housing body
means— i a company that is a qualifying housing co-operative for the purposes of section 150(3A) of the Finance Act 2013 (relief from ATED), ii a registered provider of social housing, or iii a registered social landlord;
- qualifying input material
means—
- qualifying supply of goods
has the meaning given by paragraph 2;
- quality
includes timing, nature and extent.
- reference rate
means a published rate used to set interest rates for financial instruments;
- reimbursement arrangements
means arrangements for the purposes of a claim to a repayment of plastic packaging tax which—
- related business
means a business that is—
- relative
means brother, sister, ancestor or lineal descendant.”
- relevant accounting period
means an accounting period that ends in the period beginning with 1 April 2020 and ending with 31 March 2022.
- relevant arrangement
means an arrangement that— a is not a money purchase arrangement, or b is a collective money purchase arrangement.”
- relevant authorised activity income
means income that arose from the authorised activity or an authorised activity in the same category as that activity;
- relevant claim
means a claim— a made in accordance with a procedure specified in a notice given by HMRC Commissioners, or b if no such notice is in force, made in accordance with the procedure set out in the steel notice provided all conditions in that notice are complied with. 4 HMRC Commissioners may by notice provide that a person who makes a relevant claim of the type mentioned in paragraph (3)(a) must notify the Secretary of State of the making of the claim. 5 The notice may provide— a that specified information must be included in the notification to the Secretary of State;
- Relevant date
means the date on which the person becomes liable to a penalty under this Schedule.
- relevant deeming provision
means any of sections 44 to 45A or paragraph 5(1) or (2) of Schedule 2A or paragraph 12A of Schedule 17A;
- relevant determination
means a determination for the purposes of paragraph 8(2) as to—
- relevant failure
means a failure to make a return in the old group of returns on or before its due date, in respect of which a penalty point was awarded.
- relevant interest
has the same meaning as in paragraph 6D;
- relevant lease
means— (a) a long funding operating lease, or (b) a plant or machinery lease that is not a long funding lease. 70YCB 1 An election under section 70YCA must be made by notice to an officer of Revenue and Customs no later than the end of the period of 21 months beginning with the day after the day on which the change mentioned in section 70YCA(2)(a) occurred. 2 But an election under that section is of no effect unless— a the party making the election notifies the other party to the lease of the election, and b the notice under subsection (1) is accompanied by a copy of the notification given to the other party. 3 A notice under subsection (1) must include such information as may be specified (whether generally or specifically) by an officer of Revenue and Customs. 4 An election under section 70YCA is irrevocable. 5 Where a party to the lease makes or amends a tax return for a period in which the change mentioned in section 70YCA(2)(a) occurred, that party must include with that return or amended return a copy of any election made under that section in respect of the lease. 6 The following provisions do not apply to an election under section 70YCA— a section 42 of, an
- relevant non-UK return
means a non-UK return (see paragraph 38(1)) that is required to be made (wholly or partly) in respect of scheme supplies that are treated as made in the United Kingdom. 23 1 Sub-paragraphs (2) to (4) make modifications of sections 73 and 76 which— a have effect for the purposes of this Schedule, and b are in addition to any other modifications of those sections made by this Schedule. 2 Section 73 has effect as if, after subsection (3), there were inserted— 3A Where a person has failed to make an amendment or notification that the person is required to make under paragraph 33 of Schedule 9ZD in respect of an increase in the consideration for a UK supply (as defined in paragraph 33(7)), the Commissioners may assess the amount of VAT due from the person as a result of the increase to the best of their judgement and notify it to the person. 3B An assessment under subsection (3A)— a is of VAT due for the tax period mentioned in paragraph 33(1)(a) of Schedule 9ZD;
- relevant participator
means a participator (within the meaning given by Chapter 2 of Part 10 of CTA 2010) who— a is non-resident in relation to the chargeable transaction (within the meaning of this Schedule), and b is not a general partner in a limited partnership. 4 Section 444 (companies involved with close companies) applies as if condition A in that section were omitted. 5 Section 446 (particular types of quoted company not treated as close) is treated as omitted. 6 Section 451 (attribution of rights and powers) has effect subject to the limitations set out in paragraph 10. 7 The reference in sub-paragraph (3)(b) to a general partner does not include a general partner who possesses, or is entitled to acquire, rights that entitle the general partner, in the event of the winding up of the company or in any other circumstances, to receive more than 1% of the assets of the company which would then be available for distribution among its members. 10 1 This paragraph sets out limitations on the rights and powers of a person (A) that, apart from this paragraph, would be capable of being attributed to another person (B) under section 451(4) of CTA 2010, as that provision applies for
- relevant partner
means a person who was a partner in the partnership to which the return relates at any time during the period in respect of which the return was required;
- relevant person
means— a any person who HMRC reasonably suspect to be, or to have been, a promoter in relation to the arrangements or the proposed arrangements;
- relevant place
means Northern Ireland or a member State. 2 In regulations 215 and 216, references to a number allocated under Article 362 of the principal VAT Directive mean a number allocated at any time under that Article. 215 A registration request under paragraph 5 of Schedule 9ZD to the Act must contain details of— a any VAT identification number or tax reference number by which the applicant is identified for VAT purposes by any relevant place in accordance with Article 214, Article 239 or Article 240 of the principal VAT Directive, and the name of that relevant place, b any number previously allocated to the applicant by a member State or the United Kingdom under Article 362 of the principal VAT Directive, or otherwise for the purposes of Article 369d of the principal VAT Directive, and the name of that relevant place, c where the applicant has previously been identified under a non-UK scheme (within the meaning of Schedule 9ZD to the Act), the date the applicant ceased to be so identified, d whether the applicant is treated as a member of a group under any of sections 43A to 43D of the Act, and e the name of any relevant place in which the applicant has a fixed establishm
- relevant requirement
means an obligation or a requirement imposed by or under—
- relevant return
means— (a) if the penalty point is to be awarded in respect of a single failure to make a return on or before the due date, that return;
- relevant special scheme return
means a special scheme return (see paragraph 43(1)) that is required to be made (wholly or partly) in respect of qualifying supplies of goods that are treated as made in the United Kingdom. 17 1 Sub-paragraphs (2) to (4) make modifications of sections 73 and 76 which— a have effect for the purposes of this Schedule, and b are in addition to any other modifications of those sections made by this Schedule. 2 Section 73 has effect as if, after subsection (3), there were inserted— 3A Where a person has failed to make an amendment or notification that the person is required to make under paragraph 27 of Schedule 9ZE in respect of an increase in the consideration for a UK supply (as defined in paragraph 27(7)), the Commissioners may assess the amount of VAT due from the person as a result of the increase to the best of their judgement and notify it to the person. 3B An assessment under subsection (3A)— a is of VAT due for the tax period mentioned in paragraph 27(1)(a) of Schedule 9ZE;
- relevant taxable supply
means a supply of goods where that supply is deemed to be a supply by an operator of an online marketplace by virtue of section 5B (as it has effect in accordance with paragraph 1B of this Schedule);
- Relevant time
means a time within the relevant period when the plant or machinery is owned by— a the company that incurred the expenditure, or b a person who is, or at any time in that period has been, connected with that company. 3 “The relevant period” means the period of 5 years beginning with— a the day on which the plant or machinery in question is first brought into use for the purposes of a qualifying activity carried on by the company, or b if earlier, the day on which it is first held for such use. 4 All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (1). 5 If a person who has made a return becomes aware that, after mak
- relevant transfer
has the meaning it has in paragraph 5 of Schedule 33A (promotion structures).”
- relevant trustee
means a person who is a trustee of the settlement on the day on which the penalty is assessed;
- relevant VAT return
means the VAT return for the prescribed accounting period to which the VAT credit relates;
- relevant VAT sum
means a sum to meet all or part of a liability described in article 5 of the Finance Act 2008, Section 135 (Coronavirus) Order 2020 (S.I. 2020/934).
- representative partner
means a person who has been required by a notice served under or for the purposes of section 12AA(2) or (3) of TMA 1970 to deliver any return;
- Return
means any return, statement, account or other document specified in the third column of the Table in paragraph 1.
- return under a special accounting scheme
means any of the following, so far as relating to supplies of goods treated as made in the United Kingdom— a an OSS scheme return or a relevant non-UK return under Schedule 9ZD to VATA 1994 (see paragraphs 11 and 22(3) of that Schedule);
- ring fence profits
has the same meaning as in Part 8 (see section 276). 4 In the case of a company with ring fence profits, see section 279A(3) (small ring fence profits rate chargeable on ring fence profits). 18B 1 This section applies if— a a company is UK resident in an accounting period, b it is not a close investment-holding company in the period, c its augmented profits of the accounting period exceed the lower limit but do not exceed the upper limit, and d its augmented profits of the accounting period do not include any ring fence profits. 2 The corporation tax charged on the company's taxable total profits of the accounting period is reduced by an amount equal to— where— F is the standard marginal relief fraction, U is the upper limit, A is the amount of the augmented profits, and N is the amount of the taxable total profits. 3 In this Act “the standard marginal relief fraction” means the fraction set by Parliament for the financial year as the standard marginal relief fraction for the purposes of this Part. 18C In the case of a company with ring fence profits— a see section 279B (if the company's augmented profits of an accounting period consist exclusively of ring fenc
- ring fence trade
means a ring fence trade in respect of which tax is chargeable under section 330(1) of CTA 2010 (supplementary charge in respect of ring fence trades).
- scheme supply
means a supply of goods that would be an “intra-Community distance sale of goods” within the meaning given by Article 14(4) of the VAT Directive if references in that Article to a “Member State” were read as if they included a reference to Northern Ireland (and references to a “third country” and “third territory” were read accordingly as including Great Britain). 3 Persons registered under the OSS scheme are to be registered in a single register kept by the Commissioners for the purposes of the scheme. 4 1 A person (“P”) may register under the OSS scheme if— a P makes or intends to make one or more scheme supplies in the course of a business that P carries on, b one of the following applies— i P's business is established in Northern Ireland, ii P's business is not established in Northern Ireland or a member State but P has a fixed establishment in Northern Ireland, or iii P's business is not established in Northern Ireland or a member State and P does not have a fixed establishment in Northern Ireland, but P makes or intends to make scheme supplies from Northern Ireland to a member State and does not have a fixed establishment in a member State, and c P is not barr
- secondary liability and assessment notice
has the meaning that it has in Part 1 of Schedule 9;
- securities
includes— (a) shares, stocks, bonds, debentures and debenture stock, and (b) any promissory note or other instrument evidencing indebtedness to a loan creditor of the company. 18L 1 For the purposes of this Part a company's “augmented profits” of an accounting period are— a the company's taxable total profits of that period, plus b any exempt distributions of a qualifying kind received by the company (“R”) that are not excluded. 2 For the purposes of this section a distribution is an “exempt distribution of a qualifying kind” if— a it is a distribution for the purposes of the Corporation Tax Acts because (and only because) it falls within paragraph A, B, G or H in section 1000(1), and b it is exempt for the purposes of Part 9A of CTA 2009 (company distributions). 3 For the purposes of this section a distribution which R receives from a company (“C”) is excluded if— a C is a 51% subsidiary of R or of a company of which R is a 51% subsidiary, or b C is a trading company or relevant holding company that is a quasi-subsidiary of R. 4 Section 18M— a makes further provision for determining whether a company is a 51% subsidiary of another for the purposes of subsection (3), a
- securitisation company
means a company to which specified regulations apply;
- set-off claim
means a claim for treating a sum deducted under section 61 as paid on account of any relevant liabilities.”
- sitting day
means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).
- special scheme
means— (a) the accounting scheme under this Schedule, or (b) any other scheme, under the law of a member State, implementing Section 4 of Chapter 6 of Title XII of the VAT Directive;
- special scheme return
means— (a) an IOSS scheme return, or (b) a value added tax return submitted to the tax authorities of a member State;
- specified
means specified in the notice.”
- specified regulations
has the meaning given by regulation 2 of the Taxation of Securitisation Companies Regulations 2006 (S.I. 2006/3296).”
- subordinate legislation
has the same meaning as in the Interpretation Act 1978.
- substantially performed
has the same meaning as in section 44. 7 A building or part of a building used for a purpose specified in section 116(2) or (3) is not used as a dwelling for the purposes of sub-paragraph (2) or (5). 8 Where a building or part of a building is used for a purpose mentioned in sub-paragraph (7), no account is to be taken for the purposes of sub-paragraph (2) of its suitability for any other use. 21 In this Schedule— • “CTA 2009” means the Corporation Tax Act 2009;
- successor
has the meaning given by section 12AA(11) of TMA 1970.
- surrendering company
has the same meaning as in Part 5 or 5A (as the case may be) of CTA 2010.
- tax
means income tax (and “tax advantage” is to be construed accordingly”);
- tax advantage
includes— (a) avoidance or reduction of a charge to tax or an assessment to tax, (b) repayment or increased repayment of tax, (c) avoidance of a possible assessment to tax, and (d) deferral of a payment of tax or advancement of a repayment of tax.”
- tax period
means a period for which a person is required to make a return under a non-UK scheme;
- tax return
means— (a) a return required to be made under section 8 of TMA 1970 (personal return), or (b) a return required to be made under paragraph 3 of Schedule 18 to FA 1998 (company tax return).
- The appeal period
has the same meaning for the purposes of this section as it has for the purposes of section 208A (see section 208A(10) and (11)).”
- the commencement date
means 1 April 2021.
- the Commissioners
means the Commissioners for Her Majesty's Revenue and Customs;
- the CRS
means the common reporting standard for automatic exchange of financial account information developed by the Organisation for Economic Co-operation and Development, as that standard has effect from time to time.”
- the customs and excise Acts
has the same meaning as in CEMA 1979 (see section 1(1) of that Act);
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the first transaction
has the same meaning as in section 71A or 73 (as appropriate);
- the Implementing Regulation
means Council Implementing Regulation (EU) No 282/2011;
- the investigatory powers legislation
means Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
- The notice period
means— a the period of 30 days beginning with the day on which the notice under paragraph 21A is issued, or b such longer period as HMRC may direct. 5 HMRC may allocate a reference number to the arrangements or, in the case of a proposal, the proposed arrangements, subject to sub-paragraph (6). 6 HMRC may not allocate a reference number to arrangements or proposed arrangements after the time limit for doing so. 7 The time limit for allocating a reference number is— a in a sub-paragraph (2) case, the end of the period of 90 days beginning with the compliance, or purported compliance, with paragraph 11(1), 12(1), 17(2) or 18(2), as the case may be;
- the quantified amount
means the amount (if any) which is shown by P to constitute the amount that would appropriately compensate P for loss or damage shown by P to have resulted, for any business carried on by P, from the making of the mistaken assumptions;
- the register
means the register under section 54(1) (and references to registration are to registration in that register);
- the relevant amount
means the amount of ordinary income that it would, on the relevant assumption, have been reasonable to expect to arise to the primary fund as a result of— a in the case of a payment, the payment, or b in the case of a quasi payment, the circumstances giving rise to the relevant deduction (see section 259BB(2)). 8 The relevant assumption is that the primary fund were a person to whom ordinary income would arise as a result of that payment or those circumstances. 9 Where a person to whom a proportion of the payment or quasi-payment is attributable as a result of the person's interest in the primary fund is connected (within the meaning given by section 1122 of CTA 2010, i
- the relevant arrangements
means— a the transaction under which the expenditure on the plant or machinery is incurred, and b any scheme or arrangements of which that transaction forms part. 45R 1 Expenditure on the provision of plant or machinery is to be treated as never having been first-year qualifying expenditure under section 45O if, at any relevant time— a the primary use to which the plant or machinery is put is other than in an area which, at the time the expenditure was incurred, was a freeport tax site, or b the plant or machinery is held for use otherwise than primarily in an area which was a freeport tax site at that time. 2 “Relevant time” means a time within the relevant perio
- the relevant date
means—
- the relevant percentage
means the percentage specified in section 270AA(5).”
- the relevant period
means— a the period of 28 days beginning with the day on which the request under subsection (12)(b) is made, or b if the final day of that period is earlier than the day on which (disregarding subsections (7) and (13)) the existing licence mentioned in subsection (7) expires, the period ending with that later day.”
- the relevant person
means the person (other than the financial institution) who enters into the arrangements mentioned in section 71A(1) or 73(1);
- the relevant release
means the release of liability mentioned in subsection (2)(a), b “loan relationship” is to be construed in accordance with section 302 of CTA 2009, c “amortised cost basis of accounting” is to be construed in accordance with section 313(4) and (4A) of that Act, d “connected companies relationship” is to be construed in accordance with section 348 of that Act, and e “deemed release” and “relevant rights” are to be construed in accordance with section 358(3) to (4A) of that Act. 259NEC 1 This section is to be read with section 259NEB (relevant debt relief circumstances: introductory). 2 The circumstances in this section are— a the relevant release takes place in an accounting period for which an amortised cost basis of accounting is used in respect of the debtor relationship, and b condition A, B, C, D or E is met. 3 Condition A is that the release is part of a statutory insolvency arrangement (within the meaning of section 1319 of CTA 2009). 4 Condition B is that the release is not a release of relevant rights and is— a in consideration of shares forming part of the ordinary share capital of a payee, or b in consideration of any entitlement to such shares. 5 C
- the relevant successor
has the same meaning as it has in subsections (1C), (1D) and (3)(e) of section 81 (see subsections (6) and (7) of that section).”
- the remaining amount
means the amount given by the formula— 2 In this section— • UZ is the amount given by multiplying the upper limit by— • AZ is the total amount of any profits other than ring fence profits that form part of the augmented profits of the accounting period, • NZ is the total amount of any profits other than ring fence profits that form part of the taxable total profits of the accounting period, and • A is the amount of the augmented profits of the accounting period.”
- the responsible partner
means— a in relation to the making of a section 12AA partnership return, the person who delivered the return or their successor (within the meaning of section 12AA(11) of TMA 1970);
- the standard marginal relief fraction
means the fraction set by Parliament for the financial year as the standard marginal relief fraction for the purposes of this Part. 18C In the case of a company with ring fence profits— a see section 279B (if the company's augmented profits of an accounting period consist exclusively of ring fence profits), and b see section 279C (if the company's augmented profits of an accounting period consist of both ring fence profits and other profits). 18D 1 This section gives the meaning in this Part of “the lower limit” and “the upper limit” in relation to an accounting period of a company (“C”). 2 If C has no associated company in the accounting period— a the lower limit is £50,000, and b the upper limit is £250,000. 3 If C has one or more associated companies in the accounting period— a the lower limit is— b the upper limit is— where N is the number of those associated companies. 4 For an accounting period of less than 12 months the lower limit and the upper limit are proportionately reduced. 18E 1 For the purposes of section 18D, a company is another company's associated company in an accounting period if it is an associated company (see subsectio
- the standard small profits rate
means a rate that— a is lower than the main rate, and b is set by Parliament for the financial year as the standard small profits rate. 3 In this Part “ring fence profits” has the same meaning as in Part 8 (see section 276). 4 In the case of a company with ring fence profits, see section 279A(3) (small ring fence profits rate chargeable on ring fence profits). 18B 1 This section applies if— a a company is UK resident in an accounting period, b it is not a close investment-holding company in the period, c its augmented profits of the accounting period exceed the lower limit but do not exceed the upper limit, and d its augmented profits of the accounting period do not include any ring fence profits. 2 The corporation tax charged on the company's taxable total profits of the accounting period is reduced by an amount equal to— where— F is the standard marginal relief fraction, U is the upper limit, A is the amount of the augmented profits, and N is the amount of the taxable total profits. 3 In this Act “the standard marginal relief fraction” means the fraction set by Parliament for the financial year as the standard marginal relief fraction for the pur
- the Trafficking Convention
means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
- the VAT Directive
means Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax. 2 In relation to a non-UK scheme (or a non-UK return), references in this Schedule to “the tax authorities” are to the tax authorities for the member State under whose law the scheme is established. 3 References in this Schedule to scheme supplies being “treated as made” in the United Kingdom are to their being treated as made in the United Kingdom by paragraph 29(1) of Schedule 9ZB. 1 In this Schedule— a Parts 2 and 3 establish a special accounting scheme (the Import One Stop Shop scheme, referred to in this Schedule as the “IOSS scheme”) which may be used by certain persons making supplies of goods to Northern Ireland or into the European Union from countries or territories other than Northern Ireland or member States;
- transfer
means any transfer in substance (whether or not the transfer is formal or for consideration, and whether or not the transfer is direct). 4 Sub-paragraphs (5) to (11) of paragraph 13A of Schedule 34 (meaning of “control” and “significant influence”) apply to this paragraph as they apply to Part 2 of that Schedule.”
- transparent fund
means a collective investment scheme, or an AIF (that is not a collective investment scheme), if— a were all of the profits or income of the fund to arise from sources inside the United Kingdom and b were all of its participants within the charge to income tax, its profits or income would be profits or income of its participants for the purposes of that tax. 2 In this section— • “AIF” has the meaning given by regulation 3 of the Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773);
- tribunal
means the First-tier Tribunal or Upper Tribunal (as appropriate by virtue of paragraph 23(1)).
- trustee in sequestration
has the same meaning as in VATA 1994 (see section 96 of that Act).
- UK
means the United Kingdom, including the territorial sea of the United Kingdom.
- Union goods
has the same meaning as in Regulation (EU) 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (see Article 5(23) of that Regulation).”