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4

VENTURE CAPITAL SCHEMES

With effect from 30 November 2015, the provision of reserve energy generating capacity

and the generation of renewable energy bene"ting from other government support by

community energy organisations will no longer be qualifying activities under the Enterprise

Investment Scheme, Venture Capital Trusts or the Seed Enterprise Investment Scheme.

From 6 April 2016, the government will exclude all remaining energy generation from

the schemes.

RESTITUTION INTEREST

A special 45% rate of corporation tax on income is to be applied to restitution interest.

CORPORATION TAX

No changes were announced but changes may be introduced in Budget 2016.

If no changes are announced rates will be as follows:

Financial year to

31 March 2017 31 March 2016

Taxable pro"ts

All pro"ts

20%

20%

Loans to participators rate

25%

25%

Loans to participators, trustees of charitable trusts

Legislation will be introduced to ensure a tax charge is not applied to loans or advances

made by close companies to charity trustees for charitable purposes. The rules will apply to

qualifying loans or advances made on or after 25 November 2015.

Related party rules, partnerships and transfers of intangible assets

Revisions have been made to make it clear that transfers of intangible assets to a

partnership with companies as members will not circumvent the intangible "xed asset

commencement rules that would otherwise apply to those corporate members.

Capital allowances and leasing anti-avoidance

Legislation will be introduced in Finance Bill 2016 to tackle tax avoidance in relation to

both the manipulation of disposals to create excess capital allowances and the receipt

of consideration in a non-taxable form in return for agreeing to take over tax deductible

lease payments.

Firstly, the measure will prevent a person using an arti"cially low disposal value for capital

allowances purposes on the disposal of plant and machinery where tax advantage is one of

the main purposes of the arrangements which include that disposal.

Secondly, the measure will bring into tax as income, if not already so taxed, any

consideration received by a person, or connected person, for agreeing to take over

payments under a lease for which the person can claim tax deductions.

Northern Ireland rate of

corporation tax

The government remains committed to the

devolution of corporation tax powers to the

Northern Ireland Assembly, subject to the

Northern Ireland Executive demonstrating

that its "nances have been put on a

sustainable footing and that the range of

commitments entered into in the Stormont

House Agreement have been met.

The Northern Ireland parties have now

indicated that they wish to pursue the

implementation of a new Northern Ireland

rate of 12.5% in April 2018.

TAX EVASION AND

COMPLIANCE

A number of new measures will be

introduced by the government to tackle tax

evasion. The government will remove the

need to prove intent for the most serious

cases of failing to declare offshore income

and gains.

Civil penalties will be increased for

deliberate offshore tax evasion including

the introduction of a new penalty linked to

the value of the asset on which tax was

evaded and increased public naming of

tax evaders.

GENERAL TAX AVOIDANCE

The government will introduce several

new measures to reduce tax avoidance.

The measures include a 60% penalty of

the tax due which will be charged in all

cases successfully tackled by the general

anti-abuse rule, as well as tough measures

for those who persistently enter into tax

avoidance schemes and abuse reliefs, by

imposing restrictions on them accessing

certain tax reliefs for a period.