Tuesday 21st March 2023

(1 year, 8 months ago)

Commons Chamber
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Resolved,
That—
(1) In Part 1 of Schedule 6 to the Finance Act 2010 (definition of “charity” etc), in paragraph 2 (jurisdiction condition)—
(a) in sub-paragraph (1) omit paragraph (b) (and the “or” before it);
(b) omit sub-paragraphs (3) to (5).
(2) The amendments made by this Resolution—
(a) apply only to a body of persons or trust that has not asserted its status as a charity, and
(b) apply only for the purposes of value added tax, stamp duty land tax, stamp duty reserve tax and annual tax on enveloped dwellings.
(3) The amendments made by this Resolution have effect—
(a) for the purposes of value added tax, in relation to supplies made, and acquisitions and importations taking place, on or after 15 March 2023;
(b) for the purposes of stamp duty land tax, in relation to any land transaction the effective date of which is on or after 15 March 2023;
(c) for the purposes of stamp duty reserve tax, in relation to any agreement to transfer securities in respect of which the relevant day (within the meaning of section 87(2) of the Finance Act 1986) is or is after 15 March 2023;
(d) for the purposes of annual tax on enveloped dwellings—
(i) for the chargeable period beginning with 1 April 2022 so far as it falls on or after 15 March 2023, and
(ii) for subsequent chargeable periods.
(4) Notwithstanding paragraph (3)(b), the amendments made by this Resolution do not have effect for the purposes of stamp duty land tax in relation to a transaction if—
(a) the transaction is effected in pursuance of a contract entered into and substantially performed before 15 March 2023, or
(b) the transaction—
(i) is effected in pursuance of a contract entered into before that date, and
(ii) is not excluded for the purposes of this paragraph.
(5) A transaction is excluded for the purposes of paragraph (4)(b)(ii) if—
(a) there is any variation of the contract, or assignment of rights under the contract, on or after 15 March 2023,
(b) the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or
(c) on or after that date there is an assignment, sub sale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.
(6) An apportionment to different periods which falls to be made as a result of paragraph (3)(d)(i) is to be made on a time basis according to the respective length of the periods.
(7) For the purposes of this Resolution a body of persons or trust has “asserted its status as a charity” if—
(a) immediately before 15 March 2023 it falls within the definition of “charity” in Part 1 of Schedule 6 to the Finance Act 2010, and
(b) at any time before that date, it has (under any enactment) made a valid claim to His Majesty’s Revenue and Customs in reliance on its status as a charity.
(8) The amendments made by this Resolution are to be ignored in determining whether a person who, immediately before 15 March 2023, holds a relevant interest in—
(a) a QAHC, or
(b) a company that has made an entry notification,
is, at any later time, a relevant qualifying investor in relation to that interest.
(9) Expressions used in paragraph (8) have the same meaning as in Schedule 2 to the Finance Act 2022 (qualifying asset holding companies).
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.