Finance (No.2) Act 2023

Application of certain provisions of Principal Act to Parts 4A and 22A of Principal Act

95. (1) Section 811C(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (v):

“(va) Part 4A,”.

(2) Section 851A(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (aa):

“(ab) Part 4A,”.

(3) Section 858(1)(a) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following subparagraph after subparagraph (iva):

“(ivb) Part 4A,”.

(4) Section 859(1) of the Principal Act is amended, in the definition of “the Revenue Acts”, by the insertion of the following paragraph after paragraph (da):

“(db) Part 4A,”.

(5) Section 865(1) of the Principal Act is amended—

(a) in the definition of “Acts”, by the insertion of “Part 4A,” after “Capital Gains Tax Acts,” and

(b) in the definition of “tax”, by the insertion of “or IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A)” after “vacant homes tax”.

(6) Section 865B(1) of the Principal Act is amended—

(a) in the definition of “Acts”, by the insertion of the following paragraph after paragraph (c):

“(ca) Part 4A,”,

(b) in the definition of “relevant period”—

(i) in paragraph (f), by the substitution of “arises,” for “arises, and”,

(ii) in paragraph (g), by the substitution of “arises,” for “arises;”, and

(iii) by the insertion of the following paragraphs after paragraph (g):

“(h) in the case of IIR top-up tax (within the meaning of Part 4A), the fiscal year in respect of which the repayment arises,

(i) in the case of UTPR top-up tax (within the meaning of Part 4A), the fiscal year in respect of which the repayment arises, and

(j) in the case of domestic top-up tax (within the meaning of Part 4A), the fiscal year or accounting period, as the case may be, in respect of which the repayment arises;”,

and

(c) in the definition of “tax” by the insertion of “or IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A)” after “local property tax”.

(7) Section 874A(1) of the Principal Act is amended, in the definition of “the Acts” by the insertion of the following paragraph after paragraph (b):

“(ba) Part 4A,”.

(8) Section 917D(1) of the Principal Act is amended—

(a) in the definition of “Acts” by the insertion of the following after paragraph (f): “(fa) Part 4A,”,

and

(b) in the definition of “tax”, by the insertion of “or IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A)” after “(within the meaning of the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 )”.

(9) Section 949A of the Principal Act is amended—

(a) in the definition of “the Acts” by the insertion of the following after paragraph (b):

“(ba) Part 4A,”,

and

(b) in the definition of “tax”, by the insertion of “or IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A)” after “(within the meaning of the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023 )”.

(10) Section 960A of the Principal Act is amended—

(a) in the definition of “Acts”, by the insertion of the following after paragraph (f): “(fa) Part 4A,”,

and

(b) in the definition of “tax”, by the insertion of “or IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A)” after “(Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023)”.

(11) Section 1002(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following after paragraph (iiia):

“(iiiaa) Part 4A,”.

(12) Section 1006(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following after paragraph (aa):

“(aaa) Part 4A,”.

(13) Section 1077A of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following after paragraph (b):

“(ba) Part 4A,”.

(14) Section 1077F of the Principal Act is amended—

(a) in subsection (1)—

(i) in the definition of “the Acts”, by the substitution of “Parts 4A, 18A, 18B, 18C, 18D, 22A and 22B” for “Parts 18A, 18B, 18C, 18D, 18E, Parts 22A and 22B”,

(ii) by the substitution of the following definition for the definition of “period”; “

‘period’ means, as the context requires—

(a) a year of assessment,

(b) an accounting period,

(c) a return period within the meaning of section 530,

(d) an income tax month within the meaning of section 983,

(e) a fiscal year or an accounting period within the meaning of Part 4A, or

(f) a year within the meaning of Part 22A;”,

and

(iii) in the definition of “tax”, by the insertion of “or IIR top-up tax, UTPR top-up tax or domestic top-up tax (within the meaning of Part 4A)” after “vacant homes tax”,

and

(b) in subsection (2)(a) by the substitution of the following subparagraph for subparagraph (i):

“(i) a deliberate understatement of—

(I) income, profits or gains,

(II) income tax in respect of emoluments to which Chapter 4 of Part 42 relates,

(III) a liability to IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A), as the case may be, or

(IV) the market value of a relevant site for the purposes of Chapter 3 of Part 22A,”.

(15) Section 1078(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

“(caa) Part 4A,”.

(16) Section 1079(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

“(caa) Part 4A,”.

(17) Section 1086A(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (a):

“(aa) Part 4A,”.

(18) Section 1094(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

“(caa) Part 4A,”.

(19) Section 1095(1) of the Principal Act is amended, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

“(caa) Part 4A,”.

(20) Schedule 29 of the Principal Act is amended in Column 1, by the insertion of the following after “section 653AQ”:

“Section 111AAJ

Section 111AAK

Section 111AAN”.