Finance Act 2004

SCHEDULE 3

Miscellaneous Technical Amendments in Relation to Tax

Section 89 .

1. The Taxes Consolidation Act 1997 is amended in accordance with the following provisions:

(a) in section 23A(1)(a) by substituting “826(1)(a)” for “section 826” in the definition of “arrangements”,

(b) in section 29A(4) by substituting “section 826(1)(a)” for “section 826”,

(c) in section 44(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant territory”,

(d) in section 130(3)(d) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant Member State”,

(e) in section 153(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant territory”,

(f) in section 172A (1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant territory”,

(g) in section 198 (1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “arrangements”,

(h) in section 222(1)(b) by substituting “section 826(1)(a)” for “section 826” in both places where it occurs,

(i) in section 246(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant territory”,

(j) in section 410(1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant Member State”,

(k) in section 411(1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant Member State”,

(l) in section 430—

(i) in subsection (1)(da) by substituting “section 826(1)(a)” for “section 826”, and

(ii) in subsection (2A) by substituting “section 826(1)(a)” for “section 826”,

(m) in section 452(1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “arrangements”,

(n) in section 519(8B) by substituting “subsection (7A)(iii)” for “subsection (7A)(c)”,

(o) in section 579B(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “arrangements”,

(p) in section 613(6) by substituting “section 826(1)(a)” for “section 826” in the definition of “arrangements”,

(q) in section 627(2)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant territory”,

(r) in section 690(2) by substituting “section 826(1)(a)” for “section 826” in both places where it occurs,

(s) in section 730H(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “offshore state”,

(t) in section 747B(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “offshore state”,

(u) in section 817C(3) by substituting “section 826(1)(a),” for “section 826,”,

(v) in section 825A(1) by substituting “section 826(1)(a)” for “section 826” in the definition of “qualifying employment”,

(w) in section 829(2) by substituting “section 826(1)(a)” for “section 826(1)”,

(x) in section 830(2) by substituting “section 826(1)(a),” for “section 826,”,

(y) in section 831(1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “arrangements”,

(z) in section 847 by inserting the following subsection after subsection (8):

“(9)  (a) The provisions of this section shall not apply to an accounting period ending after 31 December 2010.

(b) Where an accounting period begins before 31 December 2010 and ends after that date, it shall be divided into 2 parts, one beginning on the date on which the accounting period begins and ending on 31 December 2010 and the other beginning on 1 January 2011 and ending on the date on which the accounting period ends, and both parts shall be treated as if they were separate accounting periods of the company.”,

(aa) in section 865(1)(a) by substituting “section 826(1)(a)” for “section 826” in the definition of “correlative adjustment”,

(ab) in section 917B by substituting “section 826(1)(a)” for “section 826” in subsection (1),

(ac) in section 958 subsection (4D)(d) by substituting “subsection (2A)” for “subsection (2)”,

(ad) in section 1048(2)(a) by substituting “ section 48 of the Capital Acquisitions Tax Consolidation Act 2003 ” for “ section 38 of the Capital Acquisitions Tax Act, 1976 ”,

and

(ae) in Schedule 24—

(i) in paragraph 1(1)—

(I) by substituting “section 826(1)(a)” for “section 826” in the definition of “arrangements”, and

(II) by substituting “section 826(1)(a)” for “section 826” in the definition of “relevant Member State”,

and

(ii) in paragraph 5(2) by substituting “section 826(1)(a)” for “section 826”.

2. The Capital Acquisitions Tax Consolidation Act 2003 is amended in accordance with the following provisions:

(a) in section 2(1)—

(i) after the definition of “gift”, by inserting the following definition:

“ ‘the Income Tax Acts’ has the meaning assigned to it by section 2 of the Taxes Consolidation Act 1997 ;”, and

(ii) after the definition of “tax”, by inserting the following definition:

“ ‘the Tax Acts’ has the meaning assigned to it by section 2 of the Taxes Consolidation Act 1997 ;”,

(b) in section 6(1)(b), by substituting “disponer's” for “donee's” in each place where it occurs,

(c) in section 46(3)(b), by substituting “section 56” for “section 58”,

(d) in section 72(1)—

(i) in the definition of “insured”, in paragraph (i), by substituting “are deemed” for “is deemed”, and

(ii) in the definition of “relevant tax”, in paragraph (b), by substituting “death, or” for “death, and”,

(e) in section 75, by inserting “(1)” before “In this section—”, and

(f) in section 93(1)—

(i) in paragraph (b), by substituting “all such questions” for “those shares”, and

(ii) in paragraph (c), by substituting “otherwise” for “othewise”.

3. The Stamp Duties Consolidation Act 1999 is amended in section 40(1) by substituting “in respect of the value of that stock or security on the date of execution of the conveyance.” for “in respect of the value of that stock or security.”.

4. Section 12 of the Finance Act 2003 is amended in subsection (2)(a) by substituting “Part 9 of the Principal Act” for “Part 9”.

5. (a) As respects paragraph 1

(i) subparagraphs (a) to (ab) and subparagraph (ae) have effect as on and from the passing of this Act,

(ii) subparagraph (ac) is deemed to have come into force and have taken effect as and from 1 January 2002, and

(iii) subparagraph (ad) is deemed to have come into force and have taken effect as and from 21 February 2003.

(b) Paragraph 2 is deemed to have come into force and have taken effect as on and from 21 February 2003.

(c) Paragraph 3 has effect as on and from the passing of this Act.

(d) Paragraph 4 is deemed to have come into force and have taken effect as and from 28 March 2003.