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Finance (No. 2) Bill - Sitting 3 (Afternoon)

05 January 2022

Proposing MP
Wallasey
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the introduction of a new Residential Property Developer Tax (RPDT) aimed at raising funds for building safety remediation. The statement discusses the new residential property developer tax (RPDT) introduced in clause 32 of the Finance Bill, which aims to generate £2 billion over a decade for cladding remediation costs. Angela Eagle is addressing the Finance (No. 2) Bill, specifically clauses related to residential property developers. The statement discusses various clauses in the Finance (No. 2) Bill that define key terms and establish rules for the Residential Property Developer Tax (RPDT). The statement discusses the Residential Property Developer Tax (RPDT) and its applicability to various types of property development activities. The statement addresses concerns about exempting registered social landlords and student accommodation providers under the Finance (No. 2) Bill, and questions about HMRC's preparedness for implementing the new tax. The statement discusses the Finance (No. 2) Bill's provisions on calculating residential property development tax (RPDT), including adjustments to trading profits, joint venture rules, loss relief, group relief, and restrictions on carried forward losses. The statement discusses clauses 43 and 44 of the Finance (No. 2) Bill, which provide for the operation of the £25 million annual allowance available to each group of companies before profits become chargeable to RPDT. The statement discusses the introduction of new clauses in the Finance (No. 2) Bill concerning residential property developer tax (RPDT), information requirements for RPDT payments, and changes to stamp duty and SDRT rules for securitisation companies. The statement discusses clause 67 of the Finance (No. 2) Bill, which gives the Treasury powers through secondary legislation to make changes to stamp duty as it relates to securitisation. The clause provides the Secretary of State for International Trade with the power to call in and take control of reviews of trade remedy measures transitioned from the EU. The statement discusses Clause 74 of the Finance (No. 2) Bill, which aims to simplify technical updates to the UK's tariff schedule. The statement discusses technical amendments to restrict entitlements for using rebated red diesel and biofuels from April 2022, aiming to improve air quality and support net zero goals. Angela Eagle is proposing new clauses related to vehicle taxes and their impact on climate change goals, as well as a review of Vehicle Excise Duty revenue in the context of future electric vehicle uptake. The statement discusses amendments to uprate vehicle excise duty (VED) rates for cars, vans, and motorcycles in line with inflation from April 2022. The statement discusses concerns about future levels of vehicle excise duty due to the increasing uptake of electric vehicles and the need for the Government to plan for the fiscal consequences.

Action Requested

Lucy Frazer requests the Committee to reject two proposed new clauses that would require additional assessments and reviews of the RPDT, arguing that existing mechanisms are sufficient and that the tax has been carefully designed and reviewed already.

Key Facts

  • The Government aims to raise at least £2 billion over a decade with the RPDT.
  • The tax is set at a rate of 4% on profits exceeding an allowance for residential property development activities.
  • New clause 3 proposes publishing an assessment of the impact of RPDT on the tax gap within a year.
  • New clause 18 suggests annual reviews assessing revenue raised and estimated yield at different rates (6%, 8%, 10%).
  • The RPDT rate was balanced to raise funds while not significantly impacting housing supply.
  • The RPDT is applicable from April 1, 2022.
  • It has a rate of 4% on profits over £25 million allowance.
  • Estimated to generate £2 billion in revenue over a decade.
  • Funding will help with cladding remediation costs.
  • Cost of cladding remediation was estimated at about £15 billion.
  • Labour and material shortages add an additional £1.2 billion.
  • Clauses 32 and 33 have already been agreed upon.
  • Clause 52 stands part to be dealt with later in proceedings.
  • New clause 18 will not be pushed to a Division by the Labour Front-Bench spokesman.
  • Clauses 34 to 38 define key terms necessary for the RPDT.
  • Clause 34 excludes non-profit housing companies from being treated as residential property developers.
  • Clause 47 introduces an exit charge for non-profit housing companies ceasing exemption status.
  • Clause 48 defines a group of companies entitled to a single £25 million allowance for RPDT purposes.
  • Clause 51 confirms the RPDT applies to accounting periods ending on or after 1 April 2022.
  • The RPDT excludes non-profit housing associations from being treated as RP developers.
  • Research found that private developers have allocated £643 million to remediate unsafe cladding while non-profits estimate their costs at over £10 billion.
  • Clause 35 sets out the criteria for residential property development activities within the UK.
  • Clause 36 defines an interest in land and its implications for RPDT applicability.
  • Build-to-rent developers are excluded from the tax, but the MP seeks further clarification on this point.
  • Registered social landlord definition differs between Scotland and England.
  • In England, there are 1,625 registered social housing providers including 60 for-profit organisations.
  • Clause 34(5) involves measures going to secondary legislation.
  • Student accommodation is exempted under clause 37.
  • Unite has 22 high-rise buildings affected by cladding in its portfolio.
  • Clauses 39 to 42 set out how to calculate the tax base for RPDT.
  • Clause 39 adjusts UK corporation tax trading profits or losses to arrive at adjusted trading profits or losses for residential property developers.
  • Parts 1 to 4 of schedule 7 allow unrelieved RPDT loss to be carried forward and provide group relief rules similar to those in general corporation tax.
  • Clause 43 provides for the operation of a £25 million annual allowance.
  • The allowance can be adjusted pro rata when an accounting period is less than a year.
  • Clause 44 applies to joint venture companies and sets out terms where a member is outside the scope of corporation tax.
  • Clause 45 outlines the framework within which RPDT will operate.
  • Schedule 8 makes provisions about management of RPDT, reducing administrative burdens.
  • Clause 46 introduces a requirement for companies making an RPDT payment to provide information to HMRC in writing.
  • Penalties are provided for failure to inform HMRC about payments owed.
  • On November 30, the Government published a response document and draft statutory instrument following consultation on reform of tax rules for securitisation.
  • Clause 67 grants power to HMT to make regulations related to stamp duty and SDRT in relation to securitisation companies.
  • Clause 67 gives the Treasury powers through secondary legislation to make changes to stamp duty as it relates to securitisation.
  • The Government had a consultation on this issue from which these provisions follow.
  • HMRC has been under pressure, particularly during the pandemic.
  • Since 2018, it has become clear that more ministerial involvement is needed in some circumstances.
  • Clause 73 applies only to transition reviews and reconsiderations of these reviews conducted by the Trade Remedies Authority (TRA).
  • The Secretary of State can call in a case if she considers it necessary for the wider public interest.
  • The clause amends the Taxation (Cross-border Trade) Act 2018.
  • Changes include altering codes used to classify goods or removing redundant codes.
  • This measure reduces the burden on parliamentary time.
  • Restrictions on rebated red diesel and biofuels will be adjusted from April 2022.
  • Tobacco duty rates will rise in line with the tobacco duty escalator, with an extra increase of 4% on hand rolling tobacco and 1% on minimum excise tax for cigarettes.
  • Smoking costs society almost £14 billion per year, including a £2 billion cost to the NHS.
  • New clause 5 requires an assessment within 12 months of this Act coming into effect.
  • The assessment must cover the impact on climate change goals and UK’s plans to reach net zero by 2050.
  • New clause 15 mandates a review of VED revenue from light vehicles, considering electric vehicle uptake.
  • Clause 77 uprates VED rates for cars, vans, and motorcycles by RPI from 1 April 2022.
  • New clauses propose impact assessments within a year of the Bill's effect on climate change goals and net zero targets.
  • The Government has committed £30 billion in domestic investment for the green industrial revolution since March 2021.
  • Electric vehicles are not liable for vehicle excise duty or fuel duty.
  • Fuel duty and VED currently raise around £35 billion annually for the Treasury.
  • Tax revenues from car usage could fall by around £10 billion by 2030, £20 billion by 2035, and £30 billion by 2040.
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