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Budget 2013 Summary

PERSONAL TAXATION 2013/14 2012/13

Personal allowance

basic £9,440 £8,105
personal allowance income limit £100,000 £100,000
born between 6.4.1938 and 5.4.1948 £10,500
born before 6.4.1938 £10,660
aged 65 or over in tax year £10,500
aged 75 or over in tax year £10,660
age allowance income limit £26,100 £25,400
minimum where income exceeds limit £9,440 £8,105

Married couple’s allowance

(10% relief) either partner born before 6.4.1935 £7,915 £7,705
age allowance income limit £26,100 £25,400
minimum where income exceeds limit £3,040 £2,960
Blind person’s allowance £2,160 £2,100

Income tax rates

Starting savings rate 10% 10% on income up to £2,790* £2,710*
Basic rate 20% 20% on taxable income up to £32,010 £34,370
Higher rate 40% 40% on taxable income over £32,010 £34,370
Additional rate 45% 50% on taxable income over £150,000 £150,000
Lower rate on dividend income 10% 10%
Higher rate on dividend income 32.5% 32.5% Additional rate on dividend income 37.5% 42.5%
Pension schemes allowances Annual allowance £50,000 £50,000
Lifetime allowance £1,500,000 £1,500,000

ISAs

overall limit £11,520 £11,280
cash limit £5,760 £5,640
Junior ISA £3,720 £3,600
*Starting rate applies only to savings income.

If taxable non-savings income is above this limit, the starting rate is not applicable.

COMPANY TAXATION FY2013 FY2012

Corporation tax rates

All companies (except below) 23% 24% Companies with small profits 20% 20% — 20% rate limit £300,000 £300,000 — marginal relief limit £1,500,000 £1,500,000 — marginal relief fraction 3/400 1/100 — marginal rate 23.75% 25%

CAPITAL GAINS TAX 2013/14 2012/13

Rate – standard rate 18% 18% – higher rate 28% 28% – trustees and personal representatives 28% 28% – entrepreneurs’ relief rate 10% 10% Annual exemption – individuals £10,900 £10,600 – personal representatives £10,900 £10,600 – trustees £5,450* £5,300* * Exemption is apportioned if there are several trusts created by the same settlor, but with each trust entitled to a minimum exemption of £1,090 for 2013/14, £1,060 for 2012/13. INHERITANCE TAX Deaths after 5/4/2012 Threshold / Nil-rate band £325,000 Death rate 40% Lower death rate (where 10% or more given to charity) 36% Chargeable lifetime transfers rate 20% VAT Standard rate 20% Reduced rate 5% Registration threshold after 31.3.2013 £79,000 (previously £77,000 after 31.3.2012)

NATIONAL INSURANCE 2013/14

(2012/13 in brackets where different) Class 1 contributions Not contracted-out The employee contribution is 12% of earnings between £149 (£146) and £797 (£817) p.w. plus 2% of all earnings above £797 (£817) p.w. The employer contribution is 13.8% of all earnings in excess of the first £148 (£144) p.w. Between £109 (£107) and £149 (£146) p.w., no employee contributions are payable but a notional contribution is deemed to have been paid to protect contributory benefit entitlement. Contracted-out The ‘not contracted-out’ rates for employees in salary-related schemes are reduced on the band of earnings from £109 (£107) p.w. to £770 p.w. by 1.4%. For the employer, they are reduced on the same band of earnings by 3.4%. Class 1A and 1B contributions 13.8% Class 2 contributions Flat weekly rate £2.70 (£2.65) Exemption limit £5,725 (£5,595) Class 3 contributions Flat weekly rate £13.55 (£13.25) Class 4 contributions 9% on the band of profits between £7,755 (£7,605) and £41,450 (£42,475) plus 2% on all profits above £41,450 (£42,475). 20 March 2013

BUDGET SUMMARY 20 MARCH 2013

2

PERSONAL TAXATION

Income Tax Basic Personal Allowance and Basic Rate Limit The personal allowance for those born after 5 April 1948 will be £9,440 for 2013/14 and £10,000 for 2014/15; thereafter it will rise in line with the Consumer Prices Index. The basic rate limit for 2013/14 will be reduced to £32,010 and to £31,865 for 2014/15.

Cap on Income Tax Reliefs

From 6 April 2013 a cap will operate on a number of reliefs that are set off against income. The most important of these are trade and property loss reliefs and qualifying loan interest relief. It will still be possible to carry forward unlimited losses against future trade profits. There are also exceptions for losses attributable to overlap relief and business premises renovation allowances. The cap will not apply to charitable reliefs. The cap is set at the greater of £50,000 or 25% of income (as adjusted).

Statutory Residence Test

A statutory test to determine UK residence status will operate from 6 April 2013. The test will contain three parts: an automatic overseas test, an automatic UK test and a sufficient ties test combining time spent in the UK with a person’s ties to the UK. Reforms to Ordinary Residence The concept of ordinary residence is abolished from 6 April 2013. The effect of this is mitigated by retaining Overseas Workday Relief (OWR) and putting it into statute, broadly replicating the current treatment under SP1/09. OWR will be available to non-domiciled individuals coming to the UK regardless of any intention to settle. It will be available for the tax year in which the individual becomes UK resident and the following 2 tax years. There will be transitional provisions to protect those currently benefiting from OWR who may otherwise lose out on the introduction of the statutory rules.

Non-domicile Taxation

Rules relating to the remittance basis and exempt property will be amended to remove a potential tax charge where the property is lost, stolen or destroyed whilst in the UK and to remove a minor anomaly. The range of exempt property is also to be extended and the interaction of various time limits clarified. The changes will be effective on and after 6 April 2013. Legislation is introduced to ensure that, under certain circumstances, money used to make payments on account will not result in income or gains being regarded as remitted to the UK.

Sports Events

Sportspeople who are not resident in the UK will be exempt from UK income tax on any income received as a result of their performance at the 2013 London Anniversary Games or the 2014 Glasgow Commonwealth Games, or as a result of any activity carried out during a specified period where the main purpose is to support or promote the Games. Life Assurance: Qualifying Policies Finance Act 2013 will restrict tax relief for higher and additional rate taxpayers with gains on qualifying life assurance policies by providing for an annual premium limit for such policies of £3,600 from 6 April 2013. Transitional rules, restricting relief, will apply to policies issued between 21 March 2012 and 5 April 2013 inclusive. Regulations will require beneficial owners of new policies to sign a statutory declaration that they have not breached the annual premium limit, and will provide for reporting requirements for insurers. Life Assurance: Time-apportioned Reductions ITTOIA 2005, s 528 provides that a chargeable event gain from a life assurance policy issued by a foreign insurer is reduced proportionately if the policyholder has been resident outside the UK at any time during the life of the policy. Finance Act 2013 will extend time-apportioned reductions to life policies issued by UK insurers, and will amend the methodology used to calculate the reductions. The change will have effect on and after 6 April 2013. Withdrawing a Notice to File a Self-assessment (SA) Return With effect from the date of Royal Assent to Finance Act 2013, HMRC will have the statutory power to withdraw a notice to file a SA tax return. This will apply to individuals, partnerships and trustees.

SAVINGS AND INVESTMENTS

Seed Enterprise Investment Scheme (SEIS): Capital Gains Tax Reinvestment Relief A capital gains tax exemption is already available where: • an individual realises a chargeable gain on a disposal at any time in 2012/13; and • he is eligible for, and claims, SEIS income tax relief for 2012/13. On a claim, so much of the acquisition cost of the SEIS shares as is specified in the claim and does not exceed the amount of the gain is set against the gain. To the extent that an amount is set against the gain, it ceases to be a chargeable gain. The total amount that can be set against gains cannot exceed £100,000. The exemption is now being extended to cover gains realised in 2013/14 and SEIS shares acquired in that year or the following year. This time the amount that is treated as not being a chargeable gain is limited to half the gain otherwise chargeable. SEIS: Eligible Companies With effect in relation to shares issued to individuals on or after 6 April 2013 the SEIS legislation will be amended to ensure that companies cannot inadvertently be disqualified from being SEIS companies by virtue of having been established by corporate formation agents before being sold on to their ultimate owners. Community Investment Tax Relief The rules governing tax relief on investments in Community Development Finance Institutions (CDFIs) are to be amended to allow the carry-forward of unused relief, as long as some part of the investment is retained within the CDFI. However, carry-forward will not be possible beyond the 5-year investment period. In addition, to comply with European state aid rules, company investment in CDFIs will be limited to the equivalent of 200,000 Euros in any 3-year period. The above measures will be effective for all investments made by individuals from 6 April 2013 and by companies from 1 April 2013. Offshore Funds The Offshore Funds (Tax) Regulations 2009 will be amended to clarify that, where a disposal of an interest in a fund would incur a charge to tax on an offshore income gain, the potential charge can not be avoided by any merger or reorganisation of the fund in which the interest is held. This takes effect from 20 March 2013. Unauthorised Unit Trusts (UUTs) Finance Act 2013 will contain powers to make regulations introducing new rules for UUTs and their investors. This is to prevent UUTs being used for tax avoidance. The new rules will not fully apply until 2014/15 at the earliest. Social Investment Tax Relief The Government will consult on the introduction of a new tax relief to encourage investment in social enterprises, with a view to introducing legislation in Finance Act 2014.

EMPLOYMENT TAXATION

Employee Shareholder Status Capital gains on the disposal of up to £50,000 of shares acquired

BUDGET SUMMARY 20 MARCH 2013

2

PERSONAL TAXATION

Income Tax Basic Personal Allowance and Basic Rate Limit The personal allowance for those born after 5 April 1948 will be £9,440 for 2013/14 and £10,000 for 2014/15; thereafter it will rise in line with the Consumer Prices Index. The basic rate limit for 2013/14 will be reduced to £32,010 and to £31,865 for 2014/15.

Cap on Income Tax Reliefs

From 6 April 2013 a cap will operate on a number of reliefs that are set off against income. The most important of these are trade and property loss reliefs and qualifying loan interest relief. It will still be possible to carry forward unlimited losses against future trade profits. There are also exceptions for losses attributable to overlap relief and business premises renovation allowances. The cap will not apply to charitable reliefs. The cap is set at the greater of £50,000 or 25% of income (as adjusted).

Statutory Residence Test

A statutory test to determine UK residence status will operate from 6 April 2013. The test will contain three parts: an automatic overseas test, an automatic UK test and a sufficient ties test combining time spent in the UK with a person’s ties to the UK.

Reforms to Ordinary Residence

The concept of ordinary residence is abolished from 6 April 2013. The effect of this is mitigated by retaining Overseas Workday Relief (OWR) and putting it into statute, broadly replicating the current treatment under SP1/09. OWR will be available to non-domiciled individuals coming to the UK regardless of any intention to settle. It will be available for the tax year in which the individual becomes UK resident and the following 2 tax years. There will be transitional provisions to protect those currently benefiting from OWR who may otherwise lose out on the introduction of the statutory rules.

Non-domicile Taxation

Rules relating to the remittance basis and exempt property will be amended to remove a potential tax charge where the property is lost, stolen or destroyed whilst in the UK and to remove a minor anomaly. The range of exempt property is also to be extended and the interaction of various time limits clarified. The changes will be effective on and after 6 April 2013. Legislation is introduced to ensure that, under certain circumstances, money used to make payments on account will not result in income or gains being regarded as remitted to the UK.

Sports Events

Sportspeople who are not resident in the UK will be exempt from UK income tax on any income received as a result of their performance at the 2013 London Anniversary Games or the 2014 Glasgow Commonwealth Games, or as a result of any activity carried out during a specified period where the main purpose is to support or promote the Games.

Life Assurance: Qualifying Policies

Finance Act 2013 will restrict tax relief for higher and additional rate taxpayers with gains on qualifying life assurance policies by providing for an annual premium limit for such policies of £3,600 from 6 April 2013. Transitional rules, restricting relief, will apply to policies issued between 21 March 2012 and 5 April 2013 inclusive. Regulations will require beneficial owners of new policies to sign a statutory declaration that they have not breached the annual premium limit, and will provide for reporting requirements for insurers. Life Assurance: Time-apportioned Reductions ITTOIA 2005, s 528 provides that a chargeable event gain from a life assurance policy issued by a foreign insurer is reduced proportionately if the policyholder has been resident outside the UK at any time during the life of the policy. Finance Act 2013 will extend time-apportioned reductions to life policies issued by UK insurers, and will amend the methodology used to calculate the reductions. The change will have effect on and after 6 April 2013. Withdrawing a Notice to File a Self-assessment (SA) Return With effect from the date of Royal Assent to Finance Act 2013, HMRC will have the statutory power to withdraw a notice to file a SA tax return. This will apply to individuals, partnerships and trustees.

SAVINGS AND INVESTMENTS

Seed Enterprise Investment Scheme (SEIS): Capital Gains Tax Reinvestment Relief A capital gains tax exemption is already available where: • an individual realises a chargeable gain on a disposal at any time in 2012/13; and • he is eligible for, and claims, SEIS income tax relief for 2012/13. On a claim, so much of the acquisition cost of the SEIS shares as is specified in the claim and does not exceed the amount of the gain is set against the gain. To the extent that an amount is set against the gain, it ceases to be a chargeable gain. The total amount that can be set against gains cannot exceed £100,000. The exemption is now being extended to cover gains realised in 2013/14 and SEIS shares acquired in that year or the following year. This time the amount that is treated as not being a chargeable gain is limited to half the gain otherwise chargeable. SEIS: Eligible Companies With effect in relation to shares issued to individuals on or after 6 April 2013 the SEIS legislation will be amended to ensure that companies cannot inadvertently be disqualified from being SEIS companies by virtue of having been established by corporate formation agents before being sold on to their ultimate owners.

Community Investment Tax Relief

The rules governing tax relief on investments in Community Development Finance Institutions (CDFIs) are to be amended to allow the carry-forward of unused relief, as long as some part of the investment is retained within the CDFI. However, carry-forward will not be possible beyond the 5-year investment period. In addition, to comply with European state aid rules, company investment in CDFIs will be limited to the equivalent of 200,000 Euros in any 3-year period. The above measures will be effective for all investments made by individuals from 6 April 2013 and by companies from 1 April 2013.

Offshore Funds

The Offshore Funds (Tax) Regulations 2009 will be amended to clarify that, where a disposal of an interest in a fund would incur a charge to tax on an offshore income gain, the potential charge can not be avoided by any merger or reorganisation of the fund in which the interest is held. This takes effect from 20 March 2013.

Unauthorised Unit Trusts (UUTs)

Finance Act 2013 will contain powers to make regulations introducing new rules for UUTs and their investors. This is to prevent UUTs being used for tax avoidance. The new rules will not fully apply until 2014/15 at the earliest. Social Investment Tax Relief The Government will consult on the introduction of a new tax relief to encourage investment in social enterprises, with a view to introducing legislation in Finance Act 2014.

EMPLOYMENT TAXATION

Employee Shareholder Status Capital gains on the disposal of up to £50,000 of shares acquired

BUDGET SUMMARY 20 MARCH 2013

4 affect the calculation of the upper limit on short service refund lump sums.

Bridging Pensions

The maximum age at which a pension may reduce is to be increased from 65 to the state pension age, with effect in relation to bridging pension payments made on or after 6 April 2013. This simply accommodates the increase in state pension age. Overseas Transfers of UK Pension Savings The regime governing qualifying recognised overseas pension schemes (QROPS) is to be tightened by adding further circumstances that may lead to exclusion.

BUSINESS TAX

Small Business Income Tax Simplification Legislation will be introduced in Finance Act 2013 to allow eligible small unincorporated businesses to calculate their income and expenses on a cash basis from 2013/14. They will generally not have to distinguish between revenue and capital expenditure but capital allowances will remain available for expenditure on cars only. In addition, all unincorporated businesses will be able to deduct certain expenses on a simplified flat-rate basis. Disincorporation Relief This new relief is intended to make it easier for the owners of a small incorporated business to disincorporate by removing some of the tax charges that arise when assets are transferred by the company to one or more individual shareholders who then continue to carry on the business in an unincorporated form. It will apply to disincorporations between 1 April 2013 and 31 March 2018 inclusive. The relief takes the form of a joint claim by company and shareholders to allow qualifying business assets (goodwill and land and buildings) to be transferred between them at a reduced value for tax purposes. No corporation tax will be payable by the company on the transfer, and the shareholders to whom the assets are transferred will inherit the transfer value for capital gains tax purposes. Relief will be restricted to cases where the market value of the qualifying business assets does not exceed £100,000.

Partnerships

There will be consultation on measures to: • remove the presumption of self-employment for limited liability partnership (LLP) partners, in order to tackle the disguising of employment relationships through LLPs; and • counter the manipulation of profit/loss allocations by partnerships including a company, trust or similar vehicle in order to secure tax advantages.

Personal Service Companies (IR35)

Legislation will be included in Finance Act 2013 to put beyond doubt for 2013/14 onwards that the intermediaries legislation (IR35) applies to office holders as well as to employees. Offshore Employment Intermediaries The Government will consult on strengthening obligations to ensure that the correct income tax and National Insurance is paid by offshore employment intermediaries, with a view to legislating in Finance Act 2014.

CAPITAL ALLOWANCES

Annual Investment Allowance Legislation introduced by Finance Act 2013 will increase the annual investment allowance from £25,000 to £250,000 per annum for a 2-year period commencing on 1 January 2013.

Gas Refuelling Equipment

The 100% first-year capital allowances for plant and machinery used in gas, biogas and hydrogen refuelling stations will be extended for 2 years to 31 March 2015 by Finance Act 2013. Finance Act 2015 will extend the 100% first-year capital allowances on gas refuelling equipment to 31 March 2018.

Low Emissions Cars

The 100% first-year capital allowances for low emissions cars will be extended for 2 years to 31 March 2015 by Finance Act 2013, but cars acquired for leasing will no longer qualify. For expenditure after 31 March 2013 the qualifying thresholds which determine the rates of allowances will be reduced to 95g/km or less for first-year allowances, 96–130g/km for the 18% allowances, and over 130g/ km for the 8% allowances. For leases commencing on or after 1 April 2013 for corporation tax and 6 April 2013 for income tax the 130g/km threshold also applies to the 15% lease rental restrictions. Finance Act 2015 will extend the 100% first-year capital allowances on low emission cars to 31 March 2018, but will reduce the threshold to 75g/km.

First-year Tax Credits

Secondary legislation has been introduced to extend the availability of first-year tax credits to 31 March 2018. Energy-saving and Environmentally-beneficial Technologies The list of technologies that qualify for 100% energy-saving or environmentally-beneficial first-year allowances (FYAs) will be updated. The changes to the schemes will take effect from an appointed day, which will be announced prior to the summer 2013 Parliamentary recess.

CORPORATION TAX

Main Rate of Corporation Tax The main rate of corporation tax for companies with profits above the upper limit of £1.5m will be reduced to 23% from 1 April 2013 and then 21% from 1 April 2014. From 1 April 2015, the main rate will be reduced further to 20% and aligned with the small profits rate. The main rate for companies with profits arising from oil extraction and oil rights in the UK and the UK Continental Shelf (ring-fence profits) will remain at 30%.

Loans from Close Companies to their Participators

The Government has introduced three changes to the rules concerning loans from close companies to their participators. The changes are intended to confirm that loans to various intermediaries (including limited liability partnerships) are within the scope of the charge, and to bring transfers of value (other than loans) within the scope of the charge when arrangements mean that there is also a corresponding receipt of value by the participator. In addition, the repayment provisions are amended to ensure that repayment relief is only given for genuine repayments, denying relief where repayments and further drawings are made within a short period of time, or where there are arrangements (or where there is an intention) to make further chargeable payments at the time the repayment is made. The changes take effect from 20 March 2013.

Research and Development (R&D) Tax Credits

For qualifying expenditure incurred on or after 1 April 2013, large companies can claim R&D relief as a taxable above the line (ATL) credit to the value of 10% of their qualifying R&D expenditure. The credit will be fully payable, net of tax, to companies with no corporation tax liability. The ATL scheme will initially be optional. Companies that do not elect to claim the ATL credit will be able to continue claiming R&D relief under the current large company scheme until 31 March 2016. The ATL credit will become mandatory on 1 April 2016.

BUDGET SUMMARY 20 MARCH 2013

5

Creative Industries Tax Reliefs

Finance Act 2013 will introduce a new corporation tax relief for animation, high-end television and video games production. These reliefs will allow eligible companies engaged in the relevant production to claim an additional deduction in computing their taxable profits and, where that additional deduction results in a loss, to surrender those losses for a tax credit. Both the additional deduction and the tax credit will be calculated on the basis of UK core expenditure up to a maximum of 80% of the total core expenditure by the qualifying company. The additional deduction will be 100% of qualifying core expenditure, and the payable tax credit will be 25% of losses surrendered. In order to qualify for the relief, productions must be certified by the Department of Culture, Media and Sport as ‘culturally British’. Subject to State Aid approval by the European Commission, this relief will have effect for qualifying expenditure incurred on or after 1 April 2013.

Group Debt Cap

For periods of account of worldwide groups commencing on or after 11 December 2012, a company must make a formal election in order to be a group treasury company. All of the company’s financing expenses and financing income will be included in the election if all or substantially all of its activities are treasury activities and all or substantially all of its assets and liabilities relate to such activities. However, if a company cannot meet this provision then the only financing expenses and financing income included in the election will be those that relate to its treasury activities.

Group Relief Rules

The group relief rules are to be amended as follows: • there will be fewer restrictions on when EEA resident companies can surrender losses from their UK permanent establishments as group relief in the UK. Currently such losses can only be surrendered if they are not relievable against non-UK profits in any period. From 1 April 2013 such losses can be surrendered provided the loss is not actually used against the non-UK profits of any person in any period. The group relief will, however, be subsequently withdrawn if the losses are later used against non-

UK profits;

• conditions imposed by a statutory body stipulating that one company will leave a group at a pre-determined date will not prevent claims to group relief on the grounds that there are ‘arrangements’ in place for a company to cease to be a group member. These provisions will apply for accounting periods ending on or after 1 April 2013; • losses can only be surrendered to other group companies after they have been relieved against the ‘gross profits’ of the company in which they arose. For controlled foreign company (CFC) accounting periods ending on or after 20 March 2013 ‘gross profits’ will include apportioned CFC profits made to the surrendering company; and • the current restriction on the availability of trading losses, when in any 3-year period there is both a change in the ownership of a company and a major change in the nature or conduct of its trade, is to be amended to disallow trading losses where there is a transfer of the trade within the new group following the changes in ownership. Furthermore, non-trading debits, non-trading loan relationship deficits and non-trading losses on intangible fixed assets will be restricted following a change in ownership of a shell/dormant company. These provisions will apply for changes in ownership on or after 20 March 2013.

Controlled Foreign Companies (CFC)

The new CFC rules that were introduced in FA 2012 are to be amended to ensure the rules work as originally intended, as follows: • the scope of the CFC rules are to be extended so that they apply to profits from all assets leased under finance leases, including hire purchase and similar types of contract; • the amount of double taxation relief for UK companies that form part of certain arrangements involving the routing of a loan from one CFC to another CFC through a UK company is to be limited; • the definition of a group treasury company is to be aligned with the debt cap provisions; and • the qualifying resources rule is to be relaxed for both UK debt incurred and repaid within 48 hours and UK third-party debt that requires short-term bridging finance which is repaid from a subsequent rights issue. In addition minor amendments are to be made to ensure that references to the interpretation of certain accounting practices are consistent throughout the new CFC rules and to ensure the matched interest rule can apply to all leftover profits. Minor consequential amendments are also to be made to the arbitrage anti-avoidance rules. These amendments will apply from 1 January 2013, the original commencement date of the new CFC rules.

Avoidance Schemes

With effect from 5 December 2012, three known avoidance schemes are being blocked: a scheme using a partnership to avoid the group mismatch legislation, a scheme exploiting the property total return swaps legislation, and a scheme involving manufactured payments and loan write-offs.

Manufactured Payments

With effect in relation to manufactured payments that are representative of dividends or interest paid on or after 1 January 2014, the rules for taxing and relieving manufactured payments will be simplified for both corporation tax and income tax. In addition, for manufactured overseas dividends, the requirement to deduct income tax from payments and entitlement to double taxation relief on receipts will be abolished.

Foreign Currency Assets

For disposals by companies on and after a day to be appointed (likely to be shortly after Royal Assent to Finance Act 2013), simplifications are made to the calculation of chargeable gains on disposals of ships, aircraft, shares and interests in shares where the disposing company operates in a currency other than sterling.

Exit Charges on Ceasing to be UK Resident

When a company ceases to be UK tax resident and becomes resident in another member state, or when an EU or EEA incorporated company ceases all or part of its trading operations in the UK, an election can be made to defer the payment of any exit charges (including charges attributable to revaluation of trading stock) that would otherwise arise on certain unrealised profits and gains. The

tax can be deferred by calculating the gain on either:

• all assets at the date of migration. The tax is then payable over 6 equal annual instalments (starting 9 months and 1 day after the end of the relevant accounting period); or • each relevant asset and paying the tax up to 10 years later, or on the date of actual disposal if earlier. For intangible assets, derivative contract and loan relationship profits, the useful economic life of each asset would be determined at the point of migration. Tax would then be payable in equal annual instalments over the useful life of the asset. These changes have effect from 11 December 2012. The amounts deferred under either of the above options will be subject to interest.

INHERITANCE TAX

Nil-rate Band Legislation will be introduced in Finance Act 2014 to extend the freeze on the IHT nil-rate band of £325,000 for a further 3 years from 2015/16 until 2017/18. Limiting the Deduction for Liabilities In response to known tax avoidance schemes and arrangements, changes will be made to the IHT rules that allow a deduction for

BUDGET SUMMARY 20 MARCH 2013

6 liabilities owed by the deceased on death from the value of the estate. In some circumstances, the changes will bring in new conditions for the deduction to be allowable, or will restrict the deduction, so that no tax advantage results from the scheme or arrangements. This will have effect for deaths and chargeable transfers on or after the date of Royal Assent to Finance Act 2013.

Spouses and Civil Partners Domiciled Overseas

For transfers of value made on or after 6 April 2013, the treatment of transfers between a UK domiciled individual and their non-UK domiciled spouse or civil partner will be reformed in two ways: • the cap on the value of assets that can be transferred free of IHT will be increased to the level of the prevailing nil-rate band level; and • under a new election regime, a non-UK domiciled individual who is married or in a civil partnership with a UK domiciled person will be able to elect to be treated as UK domiciled for IHT purposes. Open Ended Investment Companies (OEICs) and Authorised Unit Trusts (AUTs) With retrospective effect from 16 October 2002, the switching of UK assets from a trust settled by a non-UK domiciled individual to investments in OEICs and AUTs is exempt from IHT charges.

ANTI-AVOIDANCE

General Anti-abuse Rule Legislation will be introduced in Finance Act 2013 whereby a General Anti-abuse Rule (GAAR) will provide for the counteraction of tax advantages arising from tax arrangements that are abusive. The GAAR will apply to income tax, National Insurance contributions (NICs), corporation tax (including amounts treated as corporation tax), capital gains tax, inheritance tax, petroleum revenue tax and stamp duty land tax. It will also apply to the residential property tax due to be enacted with effect from 1 April 2013. The measure will apply to abusive tax arrangements entered into on or after Royal Assent to Finance Act 2013, but separate legislation will be introduced later to apply the GAAR to NICs. Isle of Man, Guernsey, Jersey To assist in identifying and tackling tax evasion, the Isle of Man, Guernsey and Jersey have agreed to enter into tax information exchange agreements with the UK that will significantly increase the amount of information automatically exchanged on potentially taxable income.

Income Tax Rules on Interest: Disguised Interest

New anti-avoidance legislation will replace current legislation on the disposal of futures and options, stock lending and sale and repurchase arrangements. It will apply to arrangements to which a person becomes party on or after 6 April 2013, and also to arrangements in place on that date to which the current provisions apply. An income tax charge will arise on amounts that are ‘economically equivalent to interest’. That is to say, it arises by reference to the time value of money, at a rate comparable to a commercial rate of interest, and is practically certain to be produced. Income Tax Rules on Interest: Deduction of Income Tax Changes to the rules governing the deduction of income tax from payments of interest will ensure that: • interest in respect of compensation payments will be subject to deduction at source; • the location of the deed under which interest is paid has no bearing on whether the interest arises in the UK for the purposes of deduction at source; • a rule is introduced to value payments of interest in kind and to require the payer to issue a certificate. The new rules will apply to payments of interest made on or after the date of Royal Assent to Finance Act 2013.

Transfer of Assets Abroad

With retrospective effect from 6 April 2012 the transfer of assets abroad legislation will be amended to create a new exemption which operates where the EU Treaty freedoms of establishment and movement of capital are engaged and which focuses on whether the nature of transactions is genuine and whether they serve the purpose of the freedoms. The changes should exempt genuine commercial overseas business activities and other genuine transactions protected by the EU Single Market. Attribution of Gains from Non-UK Resident Companies The provisions attributing gains of non-resident closely controlled companies to certain UK participators will be modified so that gains will only be attributed to UK participators if their interest in the non-resident company is 25% or more. Gains from assets used for genuine business activity will, in certain circumstances, be excluded from the scope of charge. The legislation is expected to come into force on the date of Royal Assent to Finance Act 2013, but with retrospective effect on and after 6 April 2012.

UK-Switzerland Agreement: Remittance Basis

Changes are made to ensure that amounts received by HMRC under the agreement are not treated as taxable remittances where they are made by non-UK domiciled individuals resident in the UK who are taxed on the remittance basis.

Implementation of FATCA

Legislation introduced in the US in 2010 (the Foreign Account Tax Compliance Act (FATCA)), requires financial institutions outside the US to pass information about the accounts of US persons to the US tax administration (the Internal Revenue Service). Any financial institution that fails to comply with the US legislation is subject to a 30% US withholding tax on any US source income. However, current law does not allow UK financial institutions to pass FATCA information either directly to the US or to HMRC on a voluntary basis, nor does it enable HMRC to require it. With effect from the date of Royal Assent to Finance Act 2013, UK financial institutions are able to comply with these obligations without breaching UK data protection law. Data-gathering from Merchant Acquirers With effect from Royal Assent to Finance Act 2013, merchant acquirers and other businesses that process credit, debit and charge card transactions for retailers will be ‘data-holders’ for the purpose of FA 2011, Sch 23. This will allow HMRC to issue a notice to merchant acquirers requiring them to provide information regarding credit and debit card sales made by retailers, and the retailers’ name, address, VAT number if available, and bank account details. Deductions in Computing Trading and Property Income For arrangements (or any transaction forming part of arrangements) entered into on or after 21 December 2012, amendments will be made to ensure that in certain circumstances existing rules prohibiting a deduction take precedence over those permitting a deduction. This will be the case for both income tax and corporation tax, and will apply where the deduction arises from tax avoidance arrangements. There will be an exception where the arrangements are (or the transaction is) pursuant to an unconditional obligation in a pre-21 December 2012 contract.

Disclosure of Tax Avoidance Schemes (DOTAS)

The DOTAS regime is to be extended to include 2 new information provisions: • the client must provide the promoter with information that can be subsequently included on the promoter’s client list; BUDGET SUMMARY 20 MARCH 2013 7 • HMRC will have the power to seek further information from a promoter where the client is an intermediary rather than the end user of the scheme. The provisions will be implemented through secondary legislation and regulation-making powers will come into force on the date of Royal Assent to Finance Act 2013.

STAMP TAXES

Stamp Duty Land Tax (SDLT) Avoidance: Transfers of Rights Where a transfer of rights takes place on or after 21 March 2012, new measures put beyond doubt that SDLT avoidance schemes involving an onward sale which is not to be completed for a number of years are ineffective.

SDLT: Leases Simplification

From Royal Assent to Finance Act 2013, the rules on abnormal rent increases will be abolished and there will be simplification of the reporting requirements where a lease continues after the expiry of its fixed term or an agreement for lease is substantially performed before the actual lease is granted.

SDLT: Avoidance Schemes

Retrospective legislation, with effect from 21 March 2012, will be introduced to close two specific SDLT avoidance schemes, which abuse the transfer of rights or subsale rules contained in Finance Act 2003, s 45. The new legislation will provide that the original contract will not be disregarded where the notional secondary contract is substantially performed but not completed at the same time as the substantial performance or completion of the original contract; the purchaser under the original contract (or a person connected with him) is in possession of the land after that date, and the main purpose (or one of the main purposes) of the transfer of rights is the obtaining of a tax advantage by the purchaser under the original contract. The purchaser under the original contract is required to notify HMRC of any SDLT due by 30 September 2013.

SDLT: Reform of Transfer of Rights Rules

The Government is to reform SDLT rules for ‘transfers of rights’ with effect from the date of Royal Assent to Finance Act 2013.

Stamp Tax on Shares

The Government intends to abolish stamp tax on shares in companies quoted on growth markets such as the Alternative Investment Market and the ISDX Growth Market in Finance Act 2014.

VALUE ADDED TAX

Registration Thresholds

With effect from 1 April 2013, the VAT registration threshold will be increased from £77,000 to £79,000. The deregistration threshold will be increased from £75,000 to £77,000. The registration and deregistration thresholds for acquisitions from other EU member states will be increased from £77,000 to £79,000. Reduced Rate for Energy-saving Materials in Charitable

Buildings

Legislation will be introduced in Finance Act 2013 which will mean that, with effect from 1 August 2013, buildings used for a relevant charitable purpose will no longer benefit from the reduced rate of VAT in respect of the supply and installation of energy-saving materials. The reduced rate will continue to apply to the supply and installation of energy-saving materials in residential accommodation.

Changes to Zero-rating of Exports from the UK

The Government will consult on secondary legislation on VAT zerorating of certain supplies of goods for export outside the EU. These changes will treat sales to businesses who are VAT registered in the UK but have no business establishment here as zero-rated where they arrange for the export of the goods to a non-EU destination.

Car Fuel Scale Charges

The scale used to charge VAT on fuel used for private motoring in business cars will be amended from the start of the first VAT period beginning on or after 1 May 2013. The revised scale is:

VAT fuel scale charge

CO2 band 12-month 3-month 1-month (grams per km) period period period 120 or less 675 168 56 125 1,010 253 84 130 1,080 269 89 135 1,145 286 95 140 1,215 303 101 145 1,280 320 106 150 1,350 337 112 155 1,415 354 118 160 1,485 371 123 165 1,550 388 129 170 1,620 404 134 175 1,685 421 140 180 1,755 438 146 185 1,820 455 151 190 1,890 472 157 195 1,955 489 163 200 2,025 506 168 205 2,090 523 174 210 2,160 539 179 215 2,225 556 185 220 2,295 573 191 225 or more 2,360 590 196 With effect from Royal Assent to Finance Act 2013, deemed supplies of road fuel (i.e. in respect of private or non-business use) will be taxed according to the rules set out in VATA 1994, Sch 4. Valuation of the deemed supply by scale charge is to be retained as an optional method within VATA 1994, Sch 6; the scale charge table will be updated annually by HMRC. Anti-forestalling arrangements apply from 11 December 2012, such that deemed supplies of fuel made between that date and the date of Royal Assent will be valued under the new arrangements to the extent that the actual use of the fuel is after the date of Royal Assent. Changes to the Place of Supply Rules Currently, intra-EU business-to-consumer supplies of telecommunications, broadcasting and e-services are taxed in the member state in which the business is established. With effect from 1 January 2015, European legislation requires that these supplies be taxed in the member state in which the customer is located. To save the need for affected businesses to register for VAT in all member states in which they have customers, a ‘mini one stop shop’ system will be introduced from 1 January 2015. This will give businesses the option of registering in the UK only, and accounting for VAT due in other member states using a single return. The requisite legislation will be introduced in Finance Act 2014.

Refunds Made by Manufacturers

Legislation will be introduced in Finance Act 2014 to enable regulations to be made to allow manufacturers to reduce their VAT payments to take account of refunds they make directly to the final customer. The Government will consult further to support the design of the legislation.

Small Cable-based Transport

The rate of VAT applicable to the carriage of passengers on small cable-based transport will be reduced from 20% to 5% with effect from 1 April 2013. This will apply where vehicles carry fewer than 10 people each, as transport in larger vehicles is zero-rated.

BUDGET SUMMARY 20 MARCH 2013

8 Withdrawal of VAT Exemption for Business Supplies of Research between Eligible Bodies Subject to the responses to a consultation which closed on 14 March 2013, the Government plans to introduce secondary legislation to withdraw, with effect from 1 August 2013, the exemption for supplies of research between eligible bodies (e.g. Government departments and educational establishments).

TRUST TAXATION

Heritage Maintenance Funds With retrospective effect for 2012/13 onwards, an amendment will be made to the capital gains tax gifts hold-over relief rules where property is gifted to a heritage maintenance fund (HMF). The amendment will allow the HMF to reimburse settlors for expenditure on repair and maintenance of the property without adverse tax consequences.

PROPERTY TAXATION

High-value UK Residential Property held by Certain Nonnatural Persons With effect from 1 April 2013 certain companies, collective investment schemes and partnerships with company members (termed ‘non-natural persons’ (NNP)) who own relevant residential property valued at over £2m on relevant dates will be liable to an annual tax on enveloped dwellings (ATED). The tax charge will be based on the band into which the property value falls and there will be a range of reliefs. Returns will not be required until 1 October 2013 with payment required on or before 31 October 2013 for 2013/14, and on or before 30 April for each subsequent tax year. The tax is being introduced as part of a package of measures to tackle tax avoidance involving the ownership of high-value property. Capital gains tax (rather than corporation tax) will be chargeable at the rate of 28% in respect of gains accruing on the disposal of interests in high value residential property that are the subject

ATED.

The charge will apply for disposals by both UK and non-UK resident NNPs on or after 6 April 2013. A form of rebasing will apply to ensure that pre-6 April 2013 gains remain outside the scope of the new CGT charge. With effect from the date of Royal Assent to Finance Act 2013, the SDLT payable by NNPs on the acquisition of a residential property will be subject to various reliefs. Lease Premium Relief: Duration of Lease For leases granted from 1 April 2013 for companies and from 6 April 2013 for individuals and partnerships, relief will no longer be available to a trader or intermediate landlord that pays a lease premium on a lease that is only deemed to be short because of the operation of Rule 1 in CTA 2009, s 243.

STATE BENEFITS

Income Tax Status of Universal Credit Universal Credit will be exempt from income tax. Personal Independence Payment (PIP) and Armed Forces Independence Payment (AFIP) From Royal Assent to Finance Act 2013, the income tax exemption for employer-supported childcare for disabled children will be amended to include a reference to PIP. From 1 April 2013 the definition of a disabled person for capital allowances purposes will be extended to include reference to recipients of PIP or AFIP. From 1 April 2013 consequential amendments will be made to legislation on insurance premium tax, the reduced rate of VAT and the zero rate of VAT to include references to PIP and AFIP.

TAX ADMINISTRATION

Overpayment Relief

Where tax has been levied contrary to EU law, overpayment relief will not be affected by any prevailing practice. The 4-year time limit for claims to overpayment relief arising from a mistake in a return is amended to make clear that the 4 years run from the period to which the mistake relates. These changes will have effect for claims received on and after the end of the 6-month period following the date of Royal Assent to Finance Act 2013.

HMRC Criminal Investigations Powers

When the Inland Revenue and HM Customs and Excise merged in 2005, legislation prevented the automatic transfer of powers from one regime to another. Currently, therefore, some of HMRC’s criminal asset recovery powers under the Proceeds of Crime Act 2002, in respect of former Inland Revenue functions, can only be exercised by the police on HMRC’s behalf. With effect from the date of Royal Assent to Finance Act 2013 HMRC officers will be able to use these powers.

MISCELLANEOUS

Bank Levy

The full bank levy rate is increased to 0.130% with effect from 1 January 2013, and will be increased to 0.142% with effect from 1 January 2014.

Patent Royalties

With effect for payments made on or after 5 December 2012, general income tax relief is abolished for payments of patent royalties. This does not, however, affect relief for payments deductible against income from a particular source such as a trade or profession.

Fuel Duty

The fuel duty increase of 3.02 pence per litre (ppl) that was due to come into effect on 1 January 2013 has been cancelled. The further increase of 1.89 ppl that was due to take effect from 1 April 2013 was initially deferred to 1 September 2013, and has subsequently also been cancelled.

Air Passenger Duty (APD)

Legislation will be introduced in Finance Act 2014 to increase APD in line with inflation (based on the Retail Prices Index) from 1 April 2014.