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Finance Bill - Sitting 8

16 June 2020

Proposing MP
Mitcham and Morden
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses changes to fuel usage for private pleasure craft under the Hydrocarbon Oil Duties Act 1979 to comply with EU obligations. The statement discusses proposed changes to the long-haul rates of air passenger duty (APD) for the tax year 2021-22, increasing them in line with the retail price index. The statement addresses concerns about the lack of specific support for the airline industry due to the impacts of COVID-19 and its contribution to the UK economy. The statement discusses updates to the climate change levy rates for the years 2020-21 and 2021-22, as well as the proposed introduction of a green gas levy. The statement discusses an increase in landfill tax rates as part of the Finance Bill. The statement discusses legislative changes to the carbon emissions tax and preparations for a potential standalone UK Emissions Trading System post-transition period. Siobhain McDonagh discusses amendments to clause 94 regarding international trade disputes, focusing on conditions for varying import duty rates and seeking parliamentary approval. The statement discusses amendments to clause 94 of the Finance Bill which seeks to grant the government additional power to vary import duty rates in international trade disputes without proper scrutiny. The statement discusses an amendment to section 15 of the Taxation (Cross-border Trade) Act 2018 to allow the UK to vary import duties in response to international trade disputes. Siobhain McDonagh is discussing amendments to limit HMRC's status as a preferential creditor in insolvencies. The amendments seek to limit HMRC's status as a preferential creditor in insolvencies and prevent the policy from applying retrospectively. The speaker discusses the potential impact of a financial measure on business lending. The statement addresses amendments to insolvency laws to give HMRC greater priority in recovering certain tax debts from insolvent companies. The statement addresses a new power for HMRC to issue notices making directors jointly and severely liable for tax avoidance or evasion debts if insolvency is threatened. The statement discusses a new clause aimed at reviewing the effects on tax revenues of certain provisions designed to combat tax avoidance. The statement discusses minor procedural changes to the General Anti-Abuse Rule (GAAR) to strengthen its effectiveness against abusive tax arrangements. The speaker criticizes the government's approach to tackling tax avoidance schemes, particularly those targeting low-paid workers in the NHS. The statement addresses the issue of Scottish limited partnerships and their misuse for tax avoidance and criminal activities. The statement addresses the Finance Bill, focusing on specific clauses related to tax issues such as the ETC tax, small to medium business concerns, and workers' services provided through intermediaries.

Action Requested

No specific action is requested, but the Government plans to consult this summer on wider red diesel changes and will set out implementation details through secondary legislation at a future date.

Key Facts

  • The clause enables changes to require white diesel for private pleasure craft such as yachts and canal barges.
  • More than 1,600 replies were received from the Government's consultation in 2019 on implementing the Court judgment.
  • New penalties are created for using marked fuel for propelling a private pleasure craft.
  • Clause 87 increases the long-haul rates of air passenger duty in line with the retail price index.
  • Short-haul APD rates remain frozen for the eighth year, benefiting about 80% of airline passengers.
  • The Government will consult on aviation tax reform, considering changes to domestic flight taxation and international distance bands.
  • The airline industry contributes £22 billion annually to the British economy.
  • It supports approximately 230,000 jobs directly in aviation and up to 500,000 jobs overall through related sectors.
  • Ministers were criticized for not providing specific support promised back in March.
  • The climate change levy promotes efficient energy use and helps meet emissions reduction targets.
  • Electricity and gas main rates will be equalised by 2025 due to electricity becoming a cleaner source than gas.
  • The reduced rate for liquefied petroleum gas is frozen at 23% for 2020-21 and 2021-22.
  • Over 9,000 facilities in energy-intensive industries across 50 sectors will see their liability increase by retail price index inflation only.
  • Landfill tax has led to a 70% decrease in waste sent to landfill since 2000.
  • Household recycling increased to 45%, up from 18% over the same period.
  • Standard-rated material is currently taxed at £91.35 per tonne, increasing to £94.15 starting April 1, 2020.
  • Lower-rate material is currently taxed at £2.90 per tonne, increasing to £3 starting April 1, 2020.
  • Budget 2020 announced legislative changes to the carbon emissions tax in Finance Bill 2020.
  • The UK will remain in the EU Emissions Trading System until December 31, 2020.
  • Schedule 11 amends the Finance Act 2019 to make the carbon emissions tax operational from January 1, 2021 if needed.
  • Paragraphs 9 and 10 add provisions for penalties for late payment of tax.
  • The schedule allows the Treasury to exclude regulated installations from the charge to tax via regulations.
  • Around 1,000 installations currently participating in the EU emissions trading system would be affected by the carbon emissions tax.
  • Amendment 14 requires the Government to state conditions for varying import duty rates by September 9, 2020.
  • Amendment 15 mandates that draft regulations must be approved by the House of Commons before implementation.
  • Amendment 16 requires a detailed report on fiscal and economic effects before exercising powers under section 94.
  • Clause 94 gives the Government additional power in setting conditions for varying import duty rates during trade disputes.
  • Amendments 14, 15, and 16 seek to amend clause 94 by requiring parliamentary approval and reporting on economic impacts before any action is taken.
  • Amendment 14 would force the Government to set out conditions by September 9, 2020.
  • Clause 94 amends section 15 of the Taxation (Cross-border Trade) Act 2018.
  • The amendment allows variation of import duty without a binding WTO ruling if it is appropriate, having regard to international obligations.
  • Section 15 already permits variation of import duty where authorised under international law.
  • The EU is seeking similar powers through amendments to its enforcement regulation.
  • Amendment 18 seeks to limit preferential creditor status by adding conditions on deductions from payments made in the previous year.
  • Amendments 19 and 21 insert language limiting preference to taxes due within 12 months before the relevant date.
  • Amendment 20 specifies limitations on deductions for payments made within a year prior to the specified date.
  • Amendment 23 excludes debts secured by floating charges advanced before December 1, 2020.
  • The amendments limit HMRC's preference only to taxes due in the 12 months before December 1, 2020.
  • R3 is concerned that the policy could damage business lending and impede rescue efforts.
  • UK Finance suggests the measure could hit small firm lending by over £1 billion.
  • The Corporate Insolvency and Governance Bill was expedited through the House of Commons recently.
  • The speaker previously ran the British Bankers Association which became UK Finance.
  • The tax has already been paid by employers or customers.
  • Estimated tax losses due to insolvency in 2018-19 were £4.5 billion.
  • HMRC will become a secondary preferential creditor for certain taxes from December 1, 2020.
  • The measure is expected to make an additional £220 million available for public services each year.
  • The Government has announced a package of support including £330 billion in guaranteed loans to protect against the economic emergency.
  • HMRC can issue notices if a company has begun an insolvency procedure or there is a serious risk of it.
  • Conditions must be met: individuals were responsible for, facilitated, or knowingly benefited from avoidance or evasion.
  • Paragraphs set out conditions for repeated insolvent companies (phoenix companies) with significant outstanding debts.
  • Safeguards include rights of appeal against notices and joining company appeals.
  • Clause 98 and Schedule 13 are under discussion.
  • A new clause requires the Chancellor to review the effects on tax revenues within six months of the Act's passing.
  • The review must consider changes in corporation and income tax paid attributable to these provisions.
  • The clause aims to protect over £200 million in tax revenue.
  • GAAR was introduced in July 2013 and focuses on tackling abusive tax avoidance.
  • Taxpayers who refuse to cooperate with HMRC during a 12-month window will be subject to protective GAAR notices, allowing investigations beyond the initial period.
  • The speaker mentions umbrella companies targeting NHS workers.
  • Proposes a 100% penalty for tax avoidance schemes that fail GAAR or other reasons.
  • Recommends joint liability of directors and associated persons for GAAR penalties.
  • The government's programme is failing to recognize the impact on organizations.
  • 948 companies have not registered a person of significant control, though this number has decreased from previous levels.
  • HMRC reported issuing over 75,000 follower notices worth in excess of £7 billion and collected nearly £4 billion.
  • The tax gap was estimated at £35 billion for 2017-18.
  • BEIS introduced new reporting requirements for Scottish limited partnerships in June 2017.
  • The Finance Bill clauses discussed include ETC tax, SMB group issues, and the Loan Charge Action Group.
  • Additional focus is given to supplementary evidence from the Small to Medium Business Group (SMB).
  • New Clause 1 and New Schedule 1 are introduced by the Chartered Institute of Taxation.
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