Legislation – Finance (No. 2) Act 2023

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Introduction

Part 1
Income tax, corporation tax and capital gains tax

1 Income tax charge for tax year 2023-24

2 Main rates of income tax for tax year 2023-24

3 Default and savings rates of income tax for tax year 2023-24

4 Freezing starting rate limit for savings for tax year 2023-24

5 Charge and main rate for financial year 2024

6 Standard small profits rate and fraction for financial year 2024

7 Temporary full expensing etc for expenditure on plant or machinery

8 Annual investment allowance to remain at £1M beyond temporary period

9 First-year allowance for expenditure on electric vehicle charge points

10 Relief for research and development

11 Treatment of profits from patents etc: small profits rate of corporation tax

12 Energy (oil and gas) profits levy: de-carbonisation allowance

13 Museums and galleries exhibition tax relief: extension of sunset date

14 Extension of the temporary increase in theatre tax credit etc

15 Seed enterprise investment scheme: increase of limits etc.

16 CSOP schemes: share value limit and share class

17 Enterprise management incentives: restricted shares and declarations

18 Lifetime allowance charge abolished

19 Certain lump sums to be taxed at marginal rate

20 Annual allowance increased

21 Money purchase annual allowance

22 Annual allowance: tapering

23 Modification of certain existing transitional protections

24 Collective money purchase arrangements

25 Relief relating to net pay arrangements

26 Payments under Jobs Growth Wales Plus

27 Power to clarify tax treatment of devolved social security benefits

28 Qualifying care relief: increase in individual’s limit

29 Estates in administration and trusts

30 Transfer of basic life assurance and general annuity business

31 Certain re-insurance sums not to count as deemed I-E receipts

32 Insurers in difficulties: write-down orders for corporation tax purposes

33 Insurers in difficulties: write-down orders in case of pension schemes

34 Corporate interest restriction

35 Investment vehicles

36 Share exchanges involving non-UK incorporated close companies

37 Records relating to transfer pricing

38 Double taxation relief: foreign nominal rates

39 Payments to farmers under the lump sum exit scheme etc

40 Contracts completed after ordinary notification period

41 Separated spouses and civil partners

42 Carried interest: election to pay tax as scheme profits arise

43 Relief on disposal of joint interests in land

Part 2
Alcohol Duty

Chapter 1 Charge to alcohol duty

Alcoholic products

44 Meaning of “alcoholic product”

45 Alcoholic strength

46 Categories of alcoholic products: regulations

Charge and rates

47 Alcohol duty: charge

48 Rates

49 Excise duty point and payment

Chapter 2 Draught relief

50 Qualifying draught products: reduced rates

51 Alcoholic products qualifying for draught relief

52 Repackaging qualifying draught products

53 Repackaging in contravention of section 52
(2)

Chapter 3 Small producer relief

Main provisions

54 Small producer relief: discounted rates

55 Small producer alcoholic products

56 Small production premises

57 “Alcohol production amount” etc

58 Exclusions

59 Duty discount for small producer alcoholic products

60 Assessments where incorrectly low rate of alcohol duty applied

Mergers and demergers

61 Mergers: general provisions

62 Modified “small production premises” test

63 Modified duty discount

64 Adjusted post-merger amount

65 Early termination of merger transition period

66 Subsequent mergers

67 Simultaneous mergers

68 Demergers

Interpretation of Chapter 3

69 “Producer”, “production premises”, “group premises” etc

70 Connected persons

71 Index of defined expressions: Chapter 3

Chapter 4 Other reliefs and exemptions

General

72 Exemption: production for personal consumption

73 Research and experiments

74 Spoilt alcoholic products

75 Alcoholic ingredients

Spirits

76 Imported medical articles

77 Flavourings

78 Authorised use for certain purposes

79 Imported goods not for human consumption

80 Restrictions on use of certain articles

Remission and repayment

81 Further provision about remission and repayment

Chapter 5 Regulated activities and approvals

82 Approval requirement: producers

83 Supplementary provision about approvals

84 Exemption: production for personal consumption

85 Exemption: research and experiments

86 Mixing alcoholic products

87 Post-duty point dilution of alcoholic products

88 Alcoholic products regulations

89 Penalties and forfeiture

Chapter 6 Denatured alcohol

90 Denatured alcohol

91 Licence to manufacture and deal wholesale in denatured alcohol

92 Regulations relating to denatured alcohol

93 Penalties and forfeiture

94 Defaults in respect of denatured alcohol: possession of excess alcoholic products

95 Defaults in respect of denatured alcohol: supply and use of denatured alcohol

96 Inspection of premises etc

97 Prohibition of use of denatured alcohol etc as beverage or medicine

Chapter 7 Wholesaling of controlled alcoholic products

98 Definitions

99 Further provision relating to definitions

100 Approval to carry on controlled activity

101 The register of approved wholesalers

102 Regulations relating to approval, registration and controlled activities

103 Restriction on buying controlled alcoholic products wholesale

104 Offences

105 Penalties

106 Groups

107 Index of defined expressions: Chapter 7

Chapter 8 Supplementary

108 Reviews and appeals

109 Forfeiture: supplementary provision

110 Removal of goods: application of section 95 of CEMA 1979

111 Drawback

112 Duty stamps

Chapter 9 repeals, further amendments and transitional provisions

Repeals and further amendments

113 Repeals

114 Minor and consequential amendments

Transitional provision

115 Temporary provision: wine

116 Temporary provision: cider

Chapter 10 Final provisions

117 Interpretation of this Part

118 Regulations: supplementary and general

119 Regulations: procedure

120 Commencement

Part 3
Multinational top-up tax

Chapter 1 Introduction and charge

121 Introduction to multinational top-up tax

122 Chargeable persons

123 Amount charged by reference to “top-up amounts”

124 How to calculate top-up amounts and attribute them

125 Administration of multinational top-up tax

Chapter 2 Qualifying multinational groups and their members

Multinational groups

126 Meaning of “multinational group” and “ultimate parent”

127 Excluded entities

Responsible members

128 Responsible members

Qualifying multinational groups

129 Qualifying multinational groups

130 Change in composition of multinational group

131 Whether de-merged groups meet the revenue threshold

Chapter 3 Effective tax rate of members of a multinational group in a territory

132 Effective tax rate

Chapter 4 Calculation of adjusted profits of members of a multinational group

Adjusted profits of a member of a multinational group

133 Adjusted profits of a member of a multinational group

134 Underlying profits as determined for statements of ultimate parent

135 Underlying profits of permanent establishments

136 Underlying profits accounts

137 No amounts outside of profit and loss account to be included

Adjustments of underlying profits

138 Profits adjusted to be before tax

139 Profits adjusted to be profits before consolidation adjustments to eliminate intragroup transactions

140 Profits adjusted to be profits before certain purchase accounting adjustments

141 General exclusion of dividends

142 Excluded equity gain or loss

143 Included revaluation method gain or loss

144 Adjustments for asymmetric foreign currency income and losses

145 Exclusion of expenses for illegal payments, fines and penalties

146 Adjustment for changes in accounting policies and prior period errors

147 Accrued pension expense

148 Treatment of qualifying refundable tax credits

149 Arm’s length requirement for certain transactions

150 Transactions between members of a multinational group: differences with accounting for tax

151 Adjustments for companies in distress

152 Adjustments where life assurance business carried on

153 Exclusion of certain insurance reserve movement expense

154 Exclusion of qualifying intra-group financing arrangement expenses

155 Qualifying tier one capital

156 Exclusion of international shipping profits

157 Core international shipping profits

158 Ancillary international shipping profits

Adjustments only applicable to permanent establishments

159 Permanent establishment income and expense attribution

160 Attribution of losses between permanent establishment and main entity

Elections to treat certain amounts differently

161 Election to use realisation principle

162 Election to reflect deductions for stock-based compensation

163 Election to spread certain capital gains over five years

164 Election to exclude intra-group transactions

165 Election to have excluded equity gains and losses included

166 Election in relation to hedging currency risk in ownership interests

Dealing with transparency and entities subject to qualifying dividend regime

167 Underlying profits of hybrids

168 Underlying profits of transparent and reverse hybrid entities

169 Certain non tax resident entities to be treated as flow-through entities

170 Adjustments for ultimate parent that is a flow-through entity

171 Ultimate parent subject to qualifying dividend regime

172 Application of section 171 to members in the same territory as the ultimate parent

Chapter 5 Covered tax balance

Amount of covered taxes

173 Covered taxes

174 Amount of covered tax balance

175 Amounts excluded from covered tax balance

176 Amounts to be reflected in covered tax balance

Allocation of covered taxes

177 Permanent establishments

178 Reallocation of tax expense

179 Controlled foreign company tax regimes

180 Blended CFC regimes

181 Distributions from other members of a group

Dealing with deferred tax assets etc

182 Total deferred tax adjustment amount

183 Qualifying foreign tax credits (substitute loss carry forward assets)

184 Recaptured deferred tax liabilities

185 Inclusion of existing deferred tax assets and liabilities on entry into regime

186 Deferred tax assets recorded at less than minimum rate

187 Election for losses to be treated as special loss deferred tax assets

188 Further provision about elections under section 187

Eligible distribution tax systems: deemed taxes

189 Deemed distribution tax election

190 Deemed distribution tax amount

191 Reduction of recapture amount

192 Recalculation where member leaves the group

Chapter 6 Calculation of top-up amounts

193 Calculation of top-up amounts

194 Total top-up amount for a territory

195 Substance based income exclusion

196 Eligible payroll costs

197 Eligible tangible asset amount

198 Eligible payroll costs and eligible tangible asset amount: permanent establishments and flow-through entities

199 Election to treat total top-up amount as nil

Chapter 7 Allocating top-up amounts to responsible members

200 Top-up amounts multiplied by inclusion ratio

201 Inclusion ratio

Chapter 8 Further adjustments

Covered taxes less than nil

202 Covered taxes balance less than nil when members in a territory have a profit

203 Additional top-up amounts where covered taxes less than expected

204 Allocation of collective additional amount under section 203 to members

205 Election to carry forward and reduce collective additional amount

Additional top-up amounts on recalculations

206 Additional top-up amounts where recalculations required

207 Allocation of collective additional amounts under section 206 to members

Restructuring of groups

208 Member joining or leaving multinational group

209 When transfer of controlling interest treated as acquisition of assets and liabilities

210 Transfer of assets or liabilities from a member of a multinational group

211 Transfer of assets or liabilities to a member of a multinational group

212 Meaning of “qualifying reorganisation”

Elections in relation to investment entities

213 Investment entity tax transparency election

214 Taxable distribution method election

215 Undistributed income amount

Other adjustments

216 Election where assets and liabilities adjusted to fair value for tax purposes

217 Post filing adjustments of covered taxes

218 Effect of rate changes to deferred tax expense

219 Adjustment where covered taxes not paid

Chapter 9 Special provision for investment entities, joint venture groups and minority-owned members

Investment entities

220 Top-up amount of investment entity

221 Substance based income exclusion for investment entity

222 Investment entity effective tax rate

223 Adjustments

224 Additional top-up amounts of investment entities

225 Attribution of top-up amounts and additional top-up amounts to responsible member

Joint venture group

226 Joint venture group

227 Application of Part to joint venture groups

Minority owned members

228 Minority owned members

Application to multi-parent groups

229 Multi-parent groups

Chapter 10 Definitions etc

Introduction

230 Meaning of terms and concepts used in this Part

Meaning of “entity” etc

231 Meaning of entity

232 Permanent establishments treated as entities

233 Treatment of protected cell companies

234 Governmental, international and non-profit entities

235 Pension funds and pension services entities

236 Investment funds and investment entities

237 Intermediate and partially-owned parent members

238 Tax transparency of entities

Provision relating to location of entities

239 Location of entities

240 Location of flow-through entities and permanent establishments

241 Pillar Two territories

Ownership of entities

242 Ownership interests and controlling interests

243 Calculating percentage ownership interests of a specific entity or individual

244 Calculating percentage ownership interests of a class

245 Calculating percentage ownership interests: excluded entities

246 Calculating percentage direct and indirect ownership interests

247 Timing of transfers of interests

248 Exclusion of indirect interests held through ultimate parent

Financial statements and accounting period

249 Consolidated financial statements

250 Acceptable accounting standards

251 Accounting periods

Miscellaneous

252 Application to sovereign wealth funds

253 Disqualified and qualified refundable imputation taxes

254 Use of currency

255 Pillar Two rules

256 Qualifying domestic top-up tax

257 Qualifying undertaxed profits tax

258 Meaning of “connected”

259 Other definitions

Chapter 11 General and miscellaneous provision

260 Transitional provision

261 Index of defined expressions

262 Power to amend to ensure consistency with Pillar Two

263 Regulations

264 Multinational top-up tax to apply from 31 December 2023

Part 4
Domestic top-up tax

Chapter 1 Introduction

265 Introduction to domestic top-up tax

266 Qualifying entities

267 DTT excluded entities

268 Permanent establishments

Chapter 2 Charge to domestic top-up tax

269 Chargeable persons

270 Amount charged

271 Election to make one member of a group liable for amounts charged

Chapter 3 Application of multinational top-up tax provisions

272 Determining top-up amounts of entity that is a member of a group

273 Determining top-up amounts of entity that is not a member of a group

274 Application of section 262

275 Application of Schedule 14

276 Application of transitional provision

277 Index of defined expressions

278 Domestic top-up tax to apply from 31 December 2023

Part 5
Electricity generator levy

279 Charge on exceptional generation receipts

280 Key concepts (generating undertaking etc)

281 Benchmark amount

282 Attribution of generation

283 Generation receipts

284 Allowable costs

285 Exceptional generation fuel costs

286 Exceptional revenue sharing costs

287 Groups

288 Lead member of a group and its qualifying periods

289 Liability of members of groups

290 Election for members with significant minority shareholding to pay levy

291 Qualifying partnerships

292 Qualifying joint ventures

293 Non-chargeable amounts of joint venture to be attributed to participants

294 Generation acquired and supplied by JV participants

295 Arrangements that reflect receipts (JV participants)

296 Generation acquired and supplied by significant minority shareholders

297 Arrangements that reflect receipts (significant minority shareholders)

298 Surrender of shortfalls

299 Amount that may be surrendered and use of that amount

300 Election to treat certain companies as transparent

301 Effect of company being transparent

302 General application of corporation tax administration

303 Company tax returns

304 Requirement to provide information about payments

305 Claims to shortfall amounts

306 Application of Part 5A of TMA 1970 and Instalment Payments Regulations

307 Application of Part 5 of CTA 2010 for the purposes of determining interests

308 Anti-avoidance

309 Information sharing

310 Interaction of electricity generator levy with corporation tax

311 Regulations under this Part

312 Minor definitions relating to electricity market

313 Definitions in this Part

Part 6
Other taxes

314 Transactions funded with the assistance of a public subsidy

315 Deposit schemes

316 Dumping, subsidisation and safeguarding remedies

317 Rulings as to method of valuation of goods

318 Discharging goods from free-circulation procedure subject to guarantee

319 Excepted machines etc

320 Rates of tobacco products duty

321 Flavour concentrates

322 New bands and rates

323 Northern Ireland rates

324 Rates of vehicle excise duty

325 Reform of HGV road user levy

326 End of exempt period for HGV road user levy

327 Rates of landfill tax

328 Rates of climate change levy

329 Rate of plastic packaging tax

330 Aggregates levy: exemptions and exploitation

Part 7
Miscellaneous and final

331 Designation of sites

332 Sunset date for reliefs

333 Right to repayment of income tax to be inalienable

334 Late payment interest on value added tax

335 Penalties for failure to pay value added tax

336 VAT credits: repayment interest due where evidence not provided

337 Insurance premium tax: power to make regulations about notifications

338 Penalties for failure to make payments of plastic packaging tax on time

339 Approval of aerodromes

340 Approved aerodromes: minor and consequential amendments

341 Temporary approvals etc

342 Licensing authorities: requirements to give or obtain tax information

343 Section 342: consequential amendments

344 Definition of “charity” restricted to UK charities

345 Definition of “community amateur sports club” restricted to UK clubs

346 Exemptions from tax

347 Abolition of the Office of Tax Simplification

348 Pension benefits and inheritance tax

349 International arrangements for exchanging information

350 Payment of unclaimed money in court into the Consolidated Fund

351 Financial sanctions regulations: prohibition on certain payments by HMRC

352 Communications data

353 Interpretation

354 Short title

SCHEDULES

Schedule 1 Relief for research and development

Schedule 2 Estates in administration and trusts

Schedule 3 Corporate interest restriction etc.

Schedule 4 Investment vehicles

Schedule 5 Records relating to transfer pricing

Schedule 6 Categories of alcoholic products: interpretation

Schedule 7 Rates of alcohol duty

Schedule 8 Qualifying draught products: reduced rates

Schedule 9 Small producer alcoholic products: duty discount

Schedule 10 Penalties for contraventions of alcohol wholesaling provisions

Schedule 11 Alcohol duty: reviews and appeals

Schedule 12 Alcohol duty: duty stamps

Schedule 13 Alcohol duty: minor and consequential amendments

Schedule 14 Administration of multinational top-up tax

Schedule 15 Multinational top-up tax: elections

Schedule 16 Multinational top-up tax: transitional provision

Schedule 17 Index of expressions defined or explained in Parts 3 and 4

Schedule 18 Administration of domestic top-up tax

Schedule 19 Dumping, subsidisation and safeguarding remedies

Schedule 20 Bilateral safeguarding remedies

Schedule 21 Soft drinks industry levy: flavour concentrates

Schedule 22 Reforms of HGV road user levy

Schedule 23 Freeports and investment zones: consequential amendments

Schedule 24 Homes for Ukraine Sponsorship Scheme: exemptions from tax

Part 6Other taxes

Stamp duty land tax

314Transactions funded with the assistance of a public subsidy

(1)

In section 71 of FA 2003 (certain acquisitions by registered social landlord), after subsection (4) insert—

“(5)

In this section “public subsidy” also means any grant under section 31 of the Local Government Act 2003 (grants towards expenditure incurred or to be incurred by local authorities) towards expenditure incurred or to be incurred on the provision of social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act).”

(2)

The amendment made by subsection (1) has effect in relation to land transactions the effective date of which falls on or after 15 March 2023.

Value added tax

315Deposit schemes

In Part 3 of VATA 1994 (application of Act in particular cases), after section 55A insert—

“55BDeposit schemes: designation

(1)

In sections 55C and 55D “a designated deposit scheme” means a deposit scheme which is designated, for the purposes of this section, by regulations made by the Commissioners.

(2)

A “deposit scheme” means a scheme which is established—

(a)

by regulations under Schedule 8 to the Environment Act 2021, or

(b)

by or under any other enactment that makes similar provision for a returnable deposit to be paid in relation to goods.

(3)

In subsection (2)(b), the reference to an “enactment” includes a reference to an enactment comprised in, or in an instrument made under—

(a)

an Act of the Scottish Parliament,

(b)

a Measure or Act of Senedd Cymru, or

(c)

Northern Ireland legislation.

(4)

Section 97(5) (statutory instruments: procedure) does not apply to a statutory instrument containing only regulations under subsection (1).

55CDeposit schemes: value of supply

(1)

This section applies if—

(a)

a taxable person makes a taxable (but not a zero-rated) supply of goods, and

(b)

a deposit amount is payable in relation to the goods supplied.

(2)

For the purposes of this section and section 55D, a “deposit amount” in relation to goods is an amount that, in accordance with the provisions of a designated deposit scheme—

(a)

is added to the price payable for the goods, and

(b)

must be repaid by a person, if the conditions for repayment under the scheme are met.

(3)

The deposit amount is to be disregarded in determining the amount of the consideration for the purposes of calculating the value of the supply under this Act.

55DDeposit schemes: liability to account for VAT on deposit amounts

(1)

For the purposes of this section, a person makes a “relevant deposit scheme supply” if—

(a)

the person makes the first supply of goods in relation to which a deposit amount is payable (whether or not another person makes a subsequent supply of those goods in relation to which a deposit amount is payable), and

(b)

that supply is a taxable (but not a zero-rated) supply.

(2)

A person who makes relevant deposit scheme supplies is liable to account for and pay the VAT in respect of the deposit amount that, on the applicable assumption, would have been charged in relation to the proportion of the supplies that is determined, in accordance with provision made by or under regulations under subsection (4), as being attributable to goods in respect of which no deposit amount is repaid.

(3)

The applicable assumption is that, in the case of those goods, section 55C(3) is ignored and the deposit amount and the price payable for the goods are regarded instead as indistinguishable parts of the consideration for the supply of the goods.

(4)

The Commissioners may by regulations make provision about accounting for VAT in relation to designated deposit schemes including, in particular, provision—

(a)

for the making of financial adjustments in connection with the liability to account for and pay VAT under subsection (2);

(b)

specifying the methods for calculating those adjustments;

(c)

specifying the methods for determining or estimating the proportion of supplies in respect of which deposit amounts are not repaid;

(d)

about the manner in which, and the period within which, adjustments are to be made (including adjustments for the correction of errors);

(e)

specifying the conditions subject to which adjustments are to be made;

(f)

conferring power on the Commissioners to make provision for the purposes of paragraphs (a) to (e) by means of a notice published in accordance with the regulations.

(5)

The power to make regulations under subsection (4) includes power to make (or to enable the Commissioners to make)—

(a)

different provision for different purposes;

(b)

different provision for different areas;

(c)

consequential, supplementary, incidental, transitional, transitory or saving provision.”

Import duty

316Dumping, subsidisation and safeguarding remedies

Schedules 19 and 20 make provision for the purposes of import duty—

(a)

requiring the Trade Remedies Authority (“the TRA”) to give the Secretary of State notice at certain points in dumping, subsidisation and safeguarding investigations,

(b)

enabling the TRA to include more than one option in recommendations to the Secretary of State in relation to such investigations,

(c)

authorising the Secretary of State to ask for additional advice from, and act otherwise than in accordance with a recommendation of, the TRA in relation to such investigations,

(d)

requiring the TRA to advise the Secretary of State on whether the economic interest test is met in relation to remedies that it recommends in dumping, subsidisation or safeguarding cases,

(e)

about reviews of the application of remedies in such cases,

(f)

about bilateral safeguards, and

(g)

about Part 12 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 (S.I. 2019/450).

317Rulings as to method of valuation of goods

(1)

Section 24 of TCTA 2018 (rulings as to application of customs tariff or place of origin) is amended as follows.

(2)

In the heading, after “customs tariff” insert “, valuation method”.

(3)

In subsection (1), after paragraph (a) (but before the “or”) insert—

“(aa)

determining the value of any goods for the purposes of this Part,”.

318Discharging goods from free-circulation procedure subject to guarantee

(1)

In paragraph 17 of Schedule 1 to TCTA 2018 (releasing and discharging goods to and from Customs procedures), after sub-paragraph (5) insert—

“(5A)

Sub-paragraph (5B) applies where—

(a)

goods are declared for the free-circulation procedure, but

(b)

it is impracticable to immediately ascertain the amount of import duty (if any) payable in respect of the goods.

(5B)

The discharge of goods from the free-circulation procedure in accordance with sub-paragraph (4) may, if HMRC think fit, be subject to an approved guarantee being given in respect of any liability or potential liability to import duty in respect of the goods.”

(2)

In CEMA 1979, omit section 119 (delivery of imported goods on giving of security for duty).

(3)

The amendments made by subsections (1) and (2) have effect in relation to goods in respect of which a Customs declaration is accepted, for the purposes of TCTA 2018, on or after the day on which this Act is passed (and subsection (2) does not affect the application of section 119 of CEMA 1979 in relation to goods in respect of which a Customs declaration is accepted before that day).

(4)

In Schedule 7 to TCTA 2018 (import duty: consequential amendments), omit paragraph 90.

Fuel duties

319Excepted machines etc

(1)

HODA 1979 is amended as follows.

(2)

Schedule 1A (excepted machines able to use rebated diesel etc) is amended in accordance with subsections (3) and (4).

(3)

In paragraph 6 (vessels)—

(a)

in the heading, after “Vessels” insert “etc”;

(b)

after sub-paragraph (3) insert—

“(4)

A tractor or gear owned by a charity and used by it for the purpose of launching or hauling in a lifeboat owned by it.”

(4)

In paragraph 8 (other machines or appliances)—

(a)

in sub-paragraph (1)—

(i)

in paragraph (a), after “pisciculture” insert “, arboriculture”;

(ii)

in paragraph (d), at the beginning insert “primarily”;

(iii)

in paragraph (e), for “of premises that are used for commercial purposes” substitute “for any premises”;

(b)

after sub-paragraph (2) insert—

“(3)

The Commissioners may publish a notice making provision for the purposes of sub-paragraph (1)(d) about the meaning of—

(a)

“primarily”, and

(b)

“used for commercial purposes”.”

(5)

In section 14B (rebate on bioblend used as fuel for excepted machines), for subsection (6) substitute—

“(6)

In subsection (3)—

HO%” means the percentage of the bioblend that is heavy oil, and

BD%” means the percentage of the bioblend that is biodiesel,

where the percentages are by volume to the nearest 0.001%.”

(6)

The amendments made by subsections (2) to (4) are to be treated as having come into force on 15 March 2023.

Tobacco products duty

320Rates of tobacco products duty

(1)

In Schedule 1 to TDPA 1979 (table of rates of tobacco products duty), for the Table substitute—

“TABLE

1 Cigarettes

An amount equal to the higher of—

  1. (a)

    16.5% of the retail price plus £294.72 per thousand cigarettes, or

  2. (b)

    £393.45 per thousand cigarettes.

2 Cigars

£367.61 per kilogram

3 Hand-rolling tobacco

£351.03 per kilogram

4 Other smoking tobacco and chewing tobacco

£161.62 per kilogram

5 Tobacco for heating

£302.93 per kilogram”

(2)

In consequence of the provision made by subsection (1), in Schedule 2 to the Travellers’ Allowances Order 1994 (which provides in certain circumstances for a simplified calculation of excise duty on goods brought into Great Britain)—

(a)

in the entry relating to cigarettes, for “£347.86” substitute “£393.45”,

(b)

in the entry relating to hand rolling tobacco, for “£302.34” substitute “£351.03”,

(c)

in the entry relating to other smoking tobacco and chewing tobacco, for “£144.17” substitute “£161.62”,

(d)

in the entry relating to cigars, for “£327.92” substitute “£367.61”,

(e)

in the entry relating to cigarillos, for “£327.92” substitute “£367.61”, and

(f)

in the entry relating to tobacco for heating, for “£81.07” substitute “£90.88”.

(3)

The amendments made by this section are treated as having come into force at 6pm on 15 March 2023.

Soft drinks industry levy

321Flavour concentrates

Schedule 21 makes amendments of Part 2 of FA 2017 (soft drinks industry levy) in connection with flavour concentrates.

Air passenger duty

322New bands and rates

(1)

Section 30 of FA 1994 (air passenger duty: rates) is amended as follows.

(2)

In subsection (1A), after “long haul” insert “and ultra-long haul”.

(3)

After subsection (1A) insert—

“(1B)

If the passenger’s journey ends at a place in the United Kingdom—

(a)

if the passenger’s agreement for carriage provides for standard class travel in relation to every flight on the passenger’s journey, the rate is £6.50, and

(b)

in any other case, the rate is £13.”

(4)

In subsection (2) omit “the United Kingdom or”.

(5)

After subsection (2) insert—

“(2A)

If the passenger’s journey ends at a place in a territory specified in Part 1A of Schedule 5A—

(a)

if the passenger’s agreement for carriage provides for standard class travel in relation to every flight on the passenger’s journey, the rate is £87, and

(b)

in any other case, the rate is £191.”

(6)

In subsection (4A)—

(a)

in paragraph (a), for “£84” substitute “£91”;

(b)

in paragraph (b), for “£185” substitute “£200”.

(7)

In subsection (4E)—

(a)

before paragraph (a) insert—

“(za)

if the rate which (apart from this subsection) would apply is the rate in subsection (1B)(a) or (b), a rate of £78 is to apply instead,”;

(b)

in paragraph (a), for “equal to six times the rate in subsection (2)(a)” substitute “of £78”;

(c)

omit the “and” at the end of paragraph (a);

(d)

after paragraph (a) insert—

“(aa)

if the rate which (apart from this subsection) would apply is the rate in subsection (2A)(a) or (b), a rate of £574 is to apply instead, and”;

(e)

in paragraph (d), for “equal to 6.6 times the rate in subsection (4A)(a)” substitute “of £601”.

(8)

In Schedule 5A to FA 1994 (air passenger duty: territories etc)—

(a)

in Part 1 (Part 1 territories)—

(i)

for “Czech Republic” substitute “Czechia”;

(ii)

for “Former Yugoslav Republic of” substitute “North”;

(b)

after Part 1 insert—

“Part 1APart 1A territories

Afghanistan

Cuba

Kyrgyzstan

Senegal

Angola

Curacao

Lebanon

Seychelles

Anguilla

Djibouti

Liberia

Sierra Leone

Antigua and Barbuda

Dominica

Macau

Sint Eustatius

Armenia

Dominican Republic

Malawi

Sint Maarten

Aruba

Egypt

Maldives

Somalia

Azerbaijan

El Salvador

Mali

South Korea

Bahrain

Equatorial Guinea

Martinique

South Sudan

Bangladesh

Eritrea

Mauritania

Sri Lanka

Barbados

Ethiopia

Mayotte

St Helena, Ascension and Tristan da Cunha

Belize

French Guiana

Mongolia

St Kitts and Nevis

Benin

Gabon

Montserrat

Sudan

Bermuda

Georgia

Namibia

Suriname

Bhutan

Ghana

Nepal

Syria

Bonaire

Grenada

Nicaragua

Tajikistan

Botswana

Guadeloupe

Niger

Tanzania

Brazil

Guatemala

Nigeria

The Bahamas

British Virgin Islands

Guinea

North Korea

The Gambia

Burkina Faso

Guinea-Bissau

Oman

Togo

Burundi

Guyana

Pakistan

Trinidad and Tobago

Cameroon

Haiti

Panama

Turkmenistan

Canada

Honduras

Qatar

Turks and Caicos Islands

Cape Verde

India

Russian Federation, east of the Ural Mountains

Uganda

Cayman Islands

Iran

Rwanda

United Arab Emirates

Central African Republic

Iraq

Saba

United States (including Puerto Rico and U.S. Virgin Islands)

Chad

Israel

Saint Barthélemy

Uzbekistan

China

Ivory Coast

Saint Lucia

Venezuela

Colombia

Jamaica

Saint Martin

Yemen

Comoros

Jordan

Saint Pierre and Miquelon

Zambia

Congo

Kazakhstan

Saint Vincent and the Grenadines

Zimbabwe

Congo (Democratic Republic)

Kenya

Sao Tome and Principe

Costa Rica

Kuwait

Saudi Arabia”.

(9)

In consequence of the amendments made by this section, in Schedule 1 to The Aircraft Operators (Accounts and Records) Regulations 1994 (S.I. 1994/1737) (particulars of an air passenger duty account), in paragraph (e)—

(a)

before sub-paragraph (i) insert—

“(ai)

chargeable at the rates set out in section 30(1B)(a) and (b) of the Act;”;

(b)

after sub-paragraph (i) insert—

“(ia)

chargeable at the rates set out in section 30(2A)(a) and (b) of the Act;”;

(c)

in sub-paragraph (viii), for “(a)” substitute “(za), (a), (aa)”.

(10)

The amendments made by this section have effect in relation to the carriage of passengers beginning on or after 1 April 2023.

323Northern Ireland rates

(1)

Section 30A of FA 1994 (Northern Ireland long haul rates of duty) is amended as follows.

(2)

In the heading, after “long haul” insert “and ultra-long haul”.

(3)

In subsection (5A), in paragraph (c) omit sub-paragraph (ii) and the “or” before it.

(4)

After subsection (7) insert—

“(7A)

For the purposes of any paragraph, an Act of the Northern Ireland Assembly may set one rate for cases within section 30(2A) and a different rate for cases within section 30(4A).”

(5)

The amendments made by this section have effect in relation to the carriage of passengers beginning on or after 1 April 2023.

Vehicle taxes

324Rates of vehicle excise duty

(1)

Schedule 1 to VERA 1994 (annual rates of vehicle excise duty) is amended as follows.

(2)

In paragraph 1 (general rate)—

(a)

in sub-paragraph (2) (vehicle not covered elsewhere in Schedule with engine cylinder capacity exceeding 1,549cc), for “£295” substitute “£325”, and

(b)

in sub-paragraph (2A) (vehicle not covered elsewhere in Schedule with engine cylinder capacity not exceeding 1,549cc), for “£180” substitute “£200”.

(3)

In paragraph 1B (graduated rates for light passenger vehicles registered before 1 April 2017), for the Table substitute—

“CO2 Emissions Figure

Rate

(1)

(2)

(3)

(4)

Exceeding

Not exceeding

Reduced rate

Standard Rate

g/km

g/km

£

£

100

110

10

20

110

120

25

35

120

130

140

150

130

140

170

180

140

150

190

200

150

165

230

240

165

175

280

290

175

185

310

320

185

200

355

365

200

225

385

395

225

255

665

675

255

685

695”.

(4)

In the sentence immediately following the Table in that paragraph, for paragraphs (a) and (b) substitute—

“(a)

in column (3), in the last two rows, “385” were substituted for “665” and “685”, and

(b)

in column (4), in the last two rows, “395” were substituted for “675” and “695”.”

(5)

In paragraph 1GC (graduated rates for first licence for light passenger vehicles registered on or after 1 April 2017), for Table 1 (vehicles other than higher rate diesel vehicles) substitute—

“CO2 Emissions Figure

Rate

(1)

(2)

(3)

(4)

Exceeding

Not exceeding

Reduced rate

Standard Rate

g/km

g/km

£

£

0

50

0

10

50

75

20

30

75

90

120

130

90

100

155

165

100

110

175

185

110

130

200

210

130

150

245

255

150

170

635

645

170

190

1030

1040

190

225

1555

1565

225

255

2210

2220

255

2595

2605”.

(6)

In that paragraph, for Table 2 (higher rate diesel vehicles) substitute—

“CO2 Emissions Figure

Rate

(1)

(2)

(3)

Exceeding

Not exceeding

Rate

g/km

g/km

£

0

50

30

50

75

130

75

90

165

90

100

185

100

110

210

110

130

255

130

150

645

150

170

1040

170

190

1565

190

225

2220

225

255

2605

255

2605”.

(7)

In paragraph 1GD(1) (rates for any other licence for light passenger vehicles registered on or after 1 April 2017)—

(a)

in paragraph (a) (reduced rate), for “£155” substitute “£170”, and

(b)

in paragraph (b) (standard rate), for “£165” substitute “£180”.

(8)

In paragraph 1GE(2) (rates for light passenger vehicles registered on or after 1 April 2017 with a price exceeding £40,000)—

(a)

in paragraph (a), for “£510” substitute “£560”, and

(b)

in paragraph (b), for “£520” substitute “£570”.

(9)

In paragraph 1J(a) (rates for light goods vehicles that are not pre-2007 or post-2008 lower emission vans), for “£290” substitute “£320”.

(10)

In paragraph 2(1) (rates for motorcycles)—

(a)

in paragraph (a) (engine cylinder capacity not exceeding 150cc), for “£22” substitute “£24”,

(b)

in paragraph (b) (motorbicycles with engine cylinder capacity exceeding 150cc but not exceeding 400cc), for “£47” substitute “£52”,

(c)

in paragraph (c) (motorbicycles with engine cylinder capacity exceeding 400cc but not exceeding 600cc), for “£73” substitute “£80”, and

(d)

in paragraph (d) (other cases), for “£101” substitute “£111”.

(11)

The amendments made by this section have effect in relation to licences taken out on or after 1 April 2023.

325Reform of HGV road user levy

Schedule 22 makes provision (including consequential provision) about—

(a)

the charging of HGV road user levy in respect of UK-registered and non-UK registered heavy goods vehicles,

(b)

the register of HGV road user levy paid or due to be paid, and

(c)

the rate of HGV road user levy chargeable in respect of a heavy goods vehicle by reference to the vehicle’s revenue weight.

326End of exempt period for HGV road user levy

(1)

In section 88 of FA 2020 (HGV road user levy)—

(a)

in the heading, at the end insert “: exempt period”;

(b)

in subsection (1), at the beginning insert “Subject to section 88A,”;

(c)

in subsection (3), at the beginning insert “For the purposes of this section and section 88A,”.

(2)

After that section insert—

“88AHGV road user levy: transitional provision for end of exempt period

(1)

This section applies where—

(a)

a UK heavy goods vehicle (the “charged vehicle”) is charged to vehicle excise duty in respect of more than one period (a “charged period”) beginning within the last 12 months of the exempt period, and

(b)

the combined length of the charged periods is more than 12 months.

(2)

Section 5(2) of the 2013 Act applies in relation to the charged vehicle in respect of each complete month in the period (the “transitional liability period”)—

(a)

beginning with the day after the last exempt day in relation to the charged vehicle, and

(b)

ending with the end of the charged period during which that last exempt day occurs.

(3)

The last exempt day, in relation to a charged vehicle, is the last day of the period of 12 months beginning with the day on which the first charged period beginning within the last 12 months of the exempt period began.

(4)

Subsection (5) applies where, in relation to the charged vehicle—

(a)

a notification has been made under section 7(2)(c) of the 2013 Act (an “off-road notification”) in respect of a period beginning within the last 12 months of the exempt period, and

(b)

vehicle excise duty is charged in respect of a period beginning—

(i)

after the day on which the off-road notification is made, and

(ii)

within the last 12 months of the exempt period.

(5)

In calculating the period of 12 months mentioned in subsection (3) ignore the number of whole months in the period beginning with the day on which the off-road notification is made and ending with the first day of the period described in subsection (4)(b).

(6)

The Secretary of State, and any person who may exercise powers on behalf of the Secretary of State under section 9 of the 2013 Act (collection of levy), may (in addition to having the powers, duties and liabilities mentioned in that section) give a notice (a “payment notice”) to a person liable for HGV road user levy in respect of a transitional liability period.

(7)

A payment notice must state—

(a)

the amount of HGV road user levy for which the person is liable in respect of the transitional liability period,

(b)

how the amount is to be paid, and

(c)

that payment must be made within the period of 28 days beginning with the day on which the notice is given.

(8)

The amount in subsection (7)(a) is given by—

L×M12math

where—

L is the yearly rate of HGV road user levy applicable in relation to the vehicle on the first day of the transitional liability period, and

M is the number of whole months during the transitional liability period.

(9)

In relation to the transitional liability period—

(a)

a person commits an offence under section 11 of the 2013 Act (offence of using or keeping heavy goods vehicle if levy not paid) only if the person—

(i)

has been given a payment notice, and

(ii)

has failed to make payment in accordance with that notice, and

(b)

section 7(5A) of the Vehicle Excise and Registration Act 1994 has effect as if the reference to HGV road user levy having been paid were a reference to it having been paid in accordance with a payment notice.

(10)

In this section “UK heavy goods vehicle” has the same meaning as in the HGV Road User Levy Act 2013 (see section 2 of that Act).”

Environmental taxes

327Rates of landfill tax

(1)

Section 42 of FA 1996 (amount of landfill tax) is amended as follows.

(2)

In subsection (1)(a) (standard rate), for “£98.60” substitute “£102.10”.

(3)

In subsection (2) (reduced rate for certain disposals), in the words after paragraph (b)—

(a)

for “£98.60” substitute “£102.10”, and

(b)

for “£3.15” substitute “£3.25”.

(4)

The amendments made by this section have effect in relation to disposals made (or treated as made) on or after 1 April 2023.

328Rates of climate change levy

(1)

Paragraph 42 of Schedule 6 to FA 2000 (climate change levy: amount payable by way of levy) is amended as follows.

(2)

In sub-paragraph (1), for the table substitute—

“TABLE

Taxable commodity supplied

Rate at which levy payable if supply is not a reduced-rate supply

Electricity

£0.00775 per kilowatt hour

Gas supplied by a gas utility or any gas supplied in a gaseous state that is of a kind supplied by a gas utility

£0.00775 per kilowatt hour

Any petroleum gas, or other gaseous hydrocarbon, supplied in a liquid state

£0.02175 per kilogram

Any other taxable commodity

£0.06064 per kilogram”

(3)

In sub-paragraph (1)(c) (reduced-rate supplies in respect of any taxable commodity other than electricity or petroleum gas, or other gaseous hydrocarbon, supplied in a liquid state), for “12” substitute “11”.

(4)

In consequence of the amendment made by subsection (3), in the definition of “r” in the Notes to paragraph 2 of Schedule 1 to the Climate Change Levy (General) Regulations 2001 (S.I. 2001/838), for “0.88” substitute “0.89”.

(5)

The amendments made by this section have effect in relation to supplies treated as taking place on or after 1 April 2024.

329Rate of plastic packaging tax

(1)

In section 45(1) of FA 2021 (rate of plastic packaging tax), for “£200” substitute “£210.82”.

(2)

The amendment made by this section has effect in relation to packaging components produced in, or imported into, the United Kingdom on or after 1 April 2023.

330Aggregates levy: exemptions and exploitation

(1)

Part 2 of FA 2001 (aggregates levy) is amended as follows.

(2)

In section 17 (meanings of “aggregate” and “taxable aggregate”)—

(a)

in subsection (3)—

(i)

omit paragraphs (b), (d) and (da);

(ii)

omit the “or” at the end of paragraph (e);

(iii)

after paragraph (f) insert “; or

(g)

it consists wholly of aggregate won by being removed from the ground on the site of any or any proposed structure, or the site of any or any proposed infrastructure relating to transportation or utilities, in the course of excavations lawfully carried out—

(i)

in connection with, and necessary for, the construction, modification, maintenance or improvement of the structure or infrastructure, and

(ii)

not for the purpose of extracting that aggregate.”;

(b)

in subsection (4) omit paragraph (e);

(c)

in subsection (7) omit the definition of “highway”.

(3)

In section 19 (commercial exploitation)—

(a)

in subsection (3), in paragraph (e), for “site from which it was won” substitute “original site by virtue of it being used for a purpose connected with winning aggregate or other minerals from the site”;

(b)

after subsection (3A) insert—

“(3B)

For the purposes of subsection (3)(e), in relation to a quantity of aggregate, “the original site” means the site from which it was won.”;

(c)

for subsection (4) substitute—

“(4)

Subsection (4A) applies where, at the time when any aggregate is won from any site, a person (“P”) is in occupation for relevant purposes of—

(a)

that site, or

(b)

that site and other land.

(4A)

Where this subsection applies, so long as the site mentioned in subsection (4), or that site and the other land, continue to be occupied by P for relevant purposes, subsection (3)(e) has effect as if—

(a)

(where relevant) the reference to the land at the original site included the other land, and

(b)

the words “by virtue of it being used for a purpose connected with winning aggregate or other minerals from the site” were omitted.

(4B)

For the purposes of subsections (4) and (4A) relevant purposes are—

(a)

the purposes of the carrying on of any agricultural business, or

(b)

the purposes of the carrying on of any forestry business or otherwise for the purposes of forestry.”

(4)

In consequence of the amendments made by subsection (2), in the Aggregates Levy (Registration and Miscellaneous Provisions) Regulations 2001 (S.I. 2001/ 4027), in regulation 3 (unconditional exemption from registration), in paragraph (a)—

(a)

in sub-paragraph (i), for “(b), (c), (d) or (da)” substitute “(c) or (g);

(b)

in sub-paragraph (ii), for “(c), (d) or (e)” substitute “(c) or (d)”.

(5)

The amendments made by this section have effect in relation to aggregate won on or after 1 October 2023.