Guidance

Notes on Finance Bill resolutions 2021

Published 3 March 2021

1. Income tax (charge)

Provides for income tax to be charged for the 2021-22 tax year.

2. Income tax (main rates)

Provides for the main rates of income tax for the 2021-22 tax year.

3. Income tax (default and savings rates)

Provides for the default and savings rates of income tax for the 2021-22 tax year.

4. Income tax (starting rate limit for savings)

Provides for the starting rate limit for savings for the 2021-22 tax year to remain at £5,000.

5. Basic rate limit and personal allowance (future years)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to matters that may be included in Finance Bills) taking effect in a future year for each of the following amounts to remain at the amount specified for the tax year 2021-22:

• (a) the amount specified in section 10(5) of the Income Tax Act 2007 (basic rate limit), and
• (b) the amount specified in section 35(1) of that Act (personal allowance).

6. Corporation tax (charge and main rate for financial years 2022 and 2023)

Authorises the Finance Bill to contain provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) for the charging of corporation tax, and for setting the main rate of corporation tax, for the financial years 2022 and 2023.

7. Corporation tax (small companies rate)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year:

• (a) charging corporation tax at a rate lower than the main rate on profits not exceeding a specified amount
• (b) reducing the amount of corporation tax chargeable in cases where profits exceed that amount but do not exceed a higher specified amount and
• (c) amending Chapter 3A of Part 8 of the Corporation Tax Act 2010 (corporation tax rates on ring fence profits)

8. Rate of diverted profits tax

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year increasing the percentage specified in section 79(2)(a) of the Finance Act 2015.

9. Capital allowances (super-deduction etc)

Authorises the Finance Bill to make provision for temporary first-year allowances in respect of expenditure incurred on plant or machinery by companies within the charge to corporation tax, including provision for the amount of expenditure qualifying for an allowance to be treated as being greater than the actual amount of the expenditure.

10. Extension of temporary increase in annual investment allowance

Authorises the Finance Bill to make provision extending the temporary increase in the maximum amount of annual investment allowance under section 51A of the Capital Allowances Act 2001 from two years to three years.

11. Capital allowances (oil and gas)

Authorises the Finance Bill to make provision about expenditure incurred in relation to the decommissioning of offshore plant or machinery for the purposes of sections 164 and 165 of the Capital Allowances Act 2001.

12. Capital allowances (extensions of leases for reasons related to coronavirus)

Authorises the Finance Bill to make provision (including provision having retrospective effect) disapplying sections 70YB and 70YC of the Capital Allowances Act 2001 in cases involving the extension of long funding operating leases, or plant or machinery leases that are not long funding leases, for reasons related to coronavirus.

13. Temporary extension of periods to which trade losses etc may be carried back

Authorises the Finance Bill to make provision for a temporary extension of the periods to which losses made in a trade, profession or vocation may be carried back.

14. Corporation tax (R&D tax credits)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) for limiting the amount of R&D tax credit to which a small or medium-sized enterprise may be entitled.

15. Extension of social investment tax relief

Authorises the Finance Bill to make provision substituting a later date for the date mentioned in:

• (a) section 257K(1)(a)(iii) of the Income Tax Act 2007 (date by which investment must be made to qualify for social investment tax relief), and
• (b) paragraphs 1(3)(b) and 2(2)(b) of Schedule 8B to the Taxation of Chargeable Gains Act 1992 (date by which gains re-invested in social enterprises must accrue to qualify for hold-over relief)

16. Income tax (workers’ services provided through intermediaries)

Provides for changes to the off-payroll working legislation set out in Chapter 10 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 by inserting a new condition into section 61O to identify when a company will be an intermediary for the purposes of Chapter 10. The resolution also provides for a supplementary targeted anti-avoidance rule and amendments in respect of the provision of information in the labour supply chain and the consequences of providing fraudulent information.

17. Income tax (payments on termination of employment)

Provides an alternative Post-Employment Notice Pay (PENP) calculation where an employee’s pay period is defined in months, but their contractual notice period is not a whole number of months. It also aligns the tax treatment of PENP for individuals who are non-resident in the year of termination of their UK employment with the treatment for all UK residents. This ensures that non-residents are charged to income tax and national insurance contributions on PENP to the extent that they would have worked in the UK during their notice period. The resolution provides for the measure to come into force from 6th April 2021.

The part of a termination payment which is treated as being a payment in respect of the employee’s notice period and subject to income tax and national insurance contributions is called ‘the Post-Employment Notice Pay’ (PENP).

18. Income tax (cash equivalent benefit of a zero emissions van)

Provides for the introduction of legislation to reduce the van benefit charge to zero for vans that produce zero carbon emissions by amending sections 155 of the Income Tax (Earnings and Pensions) Act 2003 with effect from 6 April 2021.

19. Income tax (enterprise management incentives)

Authorises the Finance Bill to make provision (including provision having retrospective effect) modifying requirements relating to enterprise management incentives in relation to persons who are not required to work for reasons connected with coronavirus disease.

20. Income tax (cycle to work)

Authorises the Finance Bill to make provision for Condition B in section 244(3) of the Income Tax (Earnings and Pensions) Act 2003 (requirement that cycle or cyclist’s safety equipment is used mainly for commuting etc) to be treated as met for the period commencing with 16 March 2020 and ending with 5 April 2022 in relation to the provision for an employee of a cycle or cyclist’s safety equipment that was first provided before 21 December 2020.

21. Income tax (coronavirus tests in 2021-22)

Provides an income tax exemption within the Income Tax (Earnings and Pension) Act 2003, for payments that an employer makes to an employee to reimburse for the cost of a relevant coronavirus antigen test, for the tax year 2021-22.

22. Income tax (coronavirus tests in other years)

Authorises the Finance Bill to:

• (a) make provision that, for the tax year 2020-21, no liability to income tax arises on the provision of coronavirus tests to employees, or on the payment or reimbursement of the costs of such tests, and
• (b) (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) make provision taking effect in a future year to the same effect.

23. Income tax (statutory parental bereavement pay)

Authorises the Finance Bill to make provision (including provision having retrospective effect) that the reference to variation in paragraph 62(6) of Schedule 2 to the Finance Act 2017 (optional remuneration arrangements) does not include any variation which occurs in connection with a person’s entitlement to statutory parental bereavement pay.

24. Standard lifetime allowance (2021-22)

Provides that the indexation of the standard lifetime allowance does not apply in relation to the standard lifetime allowance for the tax year 2021-22.

25. Standard lifetime allowance (future years)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year for the amount of the standard lifetime allowance to remain at the amount for the tax year 2020-21.

26. Pension schemes (collective money purchase benefits)

Authorises the Finance Bill to make provision about the treatment under Part 4 of the Finance Act 2004 of collective money purchase benefits.

27. Construction industry scheme

Provides for amendments to the Construction Industry Scheme (CIS) rules, set out in Chapter 3 of Part 3 to the Finance Act 2004. The resolution sets out changes to the rules for deemed contractors, clarifies the rules on deductions for materials, and provides a new power allowing HMRC both to amend an incorrect CIS set-off claim and prevent the contractor from making further set-off claims in relation to the same tax year. The resolution also provides for an expansion of the scope of penalties.

28. Covid-19 support scheme (working households receiving tax credits)

Provides for the Finance Bill to exempt Covid-19 support scheme: working households receiving tax credits payments from income tax.

29. Self-employment income support scheme

Authorises the Finance Bill to make provision:

• (a) for payments made under the self-employment income support scheme, other than a payment in respect of a partner of a firm where the payment is distributed amongst the partners, to be treated as receipts of a revenue nature of the tax year in which they are received, and
• (b) amending section 106(3) of, and paragraph 8 of Schedule 16 to, the Finance Act 2020 in relation to the self-employment income support scheme.

30. Deductions for voluntary repayments

Authorises the Finance Bill to make provision (including provision having retrospective effect) for a payment made to a public authority in respect of a charge to be deductible for income tax or corporation tax purposes in circumstances where that charge has been waived or reduced for purposes connected with the provision of support to businesses in connection with coronavirus.

31. Repeal of provisions relating to the Interest and Royalties Directive

Provides for the repeal of legislation that gave effect to the EU Interest and Royalties Directive, which prohibited withholding tax on certain payments made to EU companies. The legislation will have effect from 1 June 2021, or 3 March 2021 if arrangements have been made with a main purpose of securing the benefits of the repealed provisions.

32. Payments made to victims of modern slavery etc

Authorises the Finance Bill to make provision (including provision having retrospective effect) exempting from income tax any payments made by or on behalf of a public authority for the purpose of providing assistance and support to persons reasonably regarded as victims of slavery or human trafficking.

33. Hybrid and other mismatches

Authorises the Finance Bill to make provision (including provision having retrospective effect) amending Part 6A of the Taxation (International and Other Provisions) Act 2010.

34. Corporation tax (relief for losses and other amounts)

Authorises the Finance Bill to make provision (including provision having retrospective effect): * (a) amending Part 7ZA of the Corporation Tax Act 2010 (restrictions on deductions for carried-forward losses and other amounts), and * (b) amending sections 137 (deductions from total profits for in-year group relief), 188BE (restriction on surrendering carried-forward losses for group relief), 188DD (claimant company’s relevant maximum for overlapping period), and 719 and 721 (which concern changes in the ownership of a company) of that Act

35. Corporate interest restriction (minor amendments)

Authorises the Finance Bill to make provision (including provision having retrospective effect) amending: * (a) section 452 of the Taxation (International and Other Provisions) Act 2010 (Real Estate Investment Trusts), and * (b) Schedule 7A to that Act in relation to penalties under paragraph 29 of that Schedule

36. Northern Ireland Housing Executive

Authorises the Finance Bill to make provision (including provision having retrospective effect) exempting the Northern Ireland Housing Executive from corporation tax.

37. Capital gains tax (annual exempt amount for 2021-22)

Provides that section 1L of the Taxation of Chargeable Gains Act 1992 (which provides for an increase in the annual exempt amount to reflect increases in CPI) does not apply for the tax year 2021-22 (so that the annual exempt amount for that tax year remains at £12,300).

38. Capital gains tax (annual exempt amount for future years)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year for the annual exempt amount to remain at the amount for the tax year 2020-21.

39. Capital gains tax (hold-over relief for foreign-controlled companies)

Authorises the Finance Bill to make provision amending section 167(2) of the Taxation of Chargeable Gains Act 1992.

40. Plastic packaging tax

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year for a new tax to be charged on plastic packaging components produced in, or imported into, the United Kingdom.

41. Inheritance tax (nil rate band etc)

Authorises the Finance Bill to make provision for inheritance tax purposes for the amount of the nil rate band, the residential enhancement and the taper threshold to remain at their current amounts, including provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year.

42. Stamp duty land tax (reduced rates on residential property for temporary period)

Provides for the temporary increase in the nil rate band of stamp duty land tax on residential property in England and Northern Ireland to be extended so that it is £500,000 until 30 June 2021, and introduces a further temporary relief period where the nil rate band is £250,000 from 1 July 2021 to 30 September 2021.

43. Stamp duty land tax (increased rates for non-resident transactions)

Provides for the introduction of increased rates of stamp duty land tax on transactions in residential dwellings undertaken by non-UK resident persons. This introduces new section 75ZA and Schedule 9A into Finance Act 2003 (FA2003) and makes amendments to section 101 FA2003. The changes have effect from 1 April 2021.

44. Stamp duty land tax (housing co-operatives etc)

Provides for an amendment to Schedule 4A of the Finance Act 2003 to provide relief from the 15% higher rate of stamp duty land tax for qualifying housing co-operatives purchasing residential property for more than £500,000. The resolution also provides for consequential amendments to 2003 Act required as a result of the introduction of this new relief. This change has effect from 3 March 2021.

45. Annual tax on enveloped dwellings (housing co-operatives)

Provides for an amendment to Part 3 of the Finance Act 2013 to provide relief from the annual tax on enveloped dwellings in relation to qualifying housing co-operatives which own residential property valued at more than £500,000. This change comes into effect on 3 March 2021 and applies to chargeable periods beginning on or after 1 April 2020.

46. Annual tax on enveloped dwellings (repayment claim)

Provides for a claim to be made for a repayment of annual tax on enveloped dwellings paid before 3 March 2021 for a housing co-operative which now qualifies for relief. This change comes has effect from 3 March 2021 and applies to the chargeable period beginning 1 April 2020.

47. Value added tax (temporary 5% rate for hospitality and tourism)

Provides for an extension to the temporary reduced rate of value added tax of 5% for supplies of hospitality and tourism until 30th September 2021.

48. Value added tax (temporary 12.5% rate for hospitality and tourism)

Authorises the Finance Bill to make provision for a temporary 12.5% rate of value added tax on supplies within Groups 14 to 16 in Schedule 7A to the Value Added Tax Act 1994.

49. Value added tax (extending digital record-keeping to all businesses)

Authorises the Finance Bill to make provision repealing paragraph 6(7) to (9) of Schedule 11 to the Value Added Tax Act 1994.

50. Value added tax (deferring payment by reason of the coronavirus emergency)

Provides for businesses to have the option to pay the value added tax they deferred between 20 March and 30 June 2020 in up to 11 instalments, ending by 31 March 2022. The resolution also removes the default surcharge in relation to this deferred value added tax and introduces instead a penalty if businesses have taken no action to pay (outright or by instalment) the deferred value added tax by 30 June 2021.

51. Value added tax (refunds to S4C)

Authorises the Finance Bill to make provision about refunds of value added tax to S4C.

52. Customs duty (removal of steel to Northern Ireland)

Provides for the application of UK safeguard measures to specific steel goods which originate from a country outside the UK or the EU and are brought into Northern Ireland on or after 3 March 2021 and which would otherwise be subject to EU safeguard measures. It also provides that EU steel safeguard measures do not apply for the purpose of calculating duty on goods brought into Northern Ireland between the end of the transition period and 3 March 2021. This is to provide steel brought into Northern Ireland access to UK tariff rate quotas or, in the absence of those, to relieve safeguard duties where there is a relevant EU tariff rate quota and it is open. The resolution also provides that powers conferred by the Taxation (Cross-border) Trade Act 2018 may be exercised to extend this to other goods.

53. Hydrocarbon oil duties (restriction of use of rebated diesel and biofuels)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year amending the Hydrocarbon Oil Duties Act 1979 to restrict the use of rebated diesel and biofuels to specified categories of machine.

54. Rates of tobacco products duty

Authorises the Finance Bill to make provision substituting the Table in Schedule 1 to the Tobacco Products Duty Act 1979.

55. Vehicle excise duty (rates)

Provides for certain annual rates of vehicle excise duty to be increased.

56. Vehicle excise duty (rebates where higher rate of duty paid)

Provides for an amendment to section 19(3A) of the Vehicle Excise and Registration Act 1994 so that registered keepers of cars with a list price of over £40,000 are issued with the correct annual vehicle excise duty refund if they sell their vehicle or make a Statutory Off-Road Notification (SORN) in the last year of the vehicle being liable to pay the expensive car supplement.

57. HGV road user levy (extension of suspension)

Authorises the Finance Bill to make provision amending section 88 of the Finance Act 2020 (suspension of HGV road user levy).

58. Rates of air passenger duty

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year increasing the rates of air passenger duty.

59. Amounts of gross gaming yield charged to gaming duty

Provides for amendments to the Finance Act 1997 relating to gaming duty and has effect in relation to accounting periods beginning on or after 1 April 2021.

60. Rates of climate change levy (future years)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year amending the rates of climate change levy.

61. Rates of landfill tax

Provides for amendments of the rates of landfill tax taking effect from 1 April 2021.

62. Carbon emissions tax (repeal)

Authorises the Finance Bill to make provision repealing Part 3 of the Finance Act 2019.

63. Freeports (designation of sites)

Provides for the Treasury to have power to designate areas in Great Britain as “freeport tax sites” for the purposes of Parts 2 and 2A of the Capital Allowances Act 2001, and where the area is in England, Part 4 of the Finance Act 2003 (stamp duty land tax).

64. Freeports (capital allowances)

Authorises the Finance Bill to make provision about:

• (a) first-year allowances under Part 2 of the Capital Allowances Act 2001 in respect of expenditure incurred on plant and machinery for use in an area designated by the Treasury, and
• (b) allowances under Part 2A of that Act in respect of expenditure incurred on buildings or structures situated in such an area.

65. Freeports (stamp duty land tax)

Provides for the Finance Act 2003 to be amended to provide relief from stamp duty land tax in relation to purchases of land in freeport tax sites.

66. Penalties (failure to make returns etc)

Authorises the Finance Bill to make provision about the imposition of penalties: * (a) in respect of failures to make returns under the Taxes Management Act 1970 or returns relating to value added tax, * (b) on a person who, by failing to make a return under the Taxes Management Act 1970, deliberately withholds information which would enable or assist Her Majesty’s Revenue and Customs to assess the person’s liability to tax, and * (c) in respect of failures to pay amounts of income tax, capital gains tax or value added tax on time

67. Follower notice penalties

Authorises the Finance Bill to make provision to:

• (a) reduce the amount of the penalty under Chapter 2 of Part 4 of the Finance Act 2014 otherwise than in cases where persons have acted unreasonably in bringing or conducting proceedings, and
• (b) make amendments to the way in which such penalties are aggregated with other penalties

68. Late payment interest and repayment interest (value added tax)

Authorises the Finance Bill to make provision about interest on sums payable to or by Her Majesty’s Revenue and Customs in respect of value added tax.

69. Promoters of tax avoidance schemes

Authorises the Finance Bill to make provision amending Part 5 of the Finance Act 2014.

70. Disclosure of tax avoidance schemes

Authorises the Finance Bill to make provision amending Part 7 of the Finance Act 2004 and Schedule 17 to the Finance (No. 2) Act 2017 for the purposes of:

• (a) allowing Her Majesty’s Revenue and Customs to allocate reference numbers in relation to arrangements and proposals suspected of being notifiable,
• (b) imposing requirements relating to the disclosure of information where reference numbers are allocated, and
• (c) allowing for the publication of information

71. Penalties for enablers of defeated tax avoidance

Authorises the Finance Bill to make provision about:

• (a) the powers of Her Majesty’s Revenue and Customs to obtain information about enablers of defeated tax avoidance for the purposes of Schedule 16 to the Finance (No. 2) Act 2017,
• (b) the assessment of penalties under that Schedule in relation to arrangements within paragraph 21 of that Schedule (multi-user schemes), and
• (c) the publication of details of persons who have incurred penalties under that Schedule

72. The general anti-abuse rule (partnerships)

Authorises the Finance Bill to make provision amending Part 5 of the Finance Act 2013 in relation to partnerships.

73. Licensing authorities (requirement to give or obtain information)

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills), including provision taking effect in a future year, requiring licensing authorities, when licensing certain activities, to give or obtain information relating to tax compliance.

74. Information-gathering powers

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) amending Schedule 36 to the Finance Act 2008 in relation to the giving of notices to financial institutions, the giving of notices for the purpose of collecting tax debts and for the purpose of checking whether relief from stamp duty land tax is withdrawn or otherwise removed, the imposition of increased daily default penalties and the disclosure of notices.

75. Implementation of OECD model rules on the gig economy

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) to give effect to:

• (a) the OECD Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy, and
• (b) any other international agreement or arrangements to which the United Kingdom is a party that make provision corresponding, or similar, to that made by those Model Rules.

76. Unauthorised removal or disposal of seized goods

Authorises the Finance Bill to make provision about the unauthorised removal or disposal of a thing from the place where it is seized as liable to forfeiture under an enactment relating to customs or excise.

77. Temporary approvals etc pending reviews or appeals

Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) for temporary approvals, registrations or licences of persons or places pending reviews or appeals under Chapter 2 of Part 1 of the Finance Act 1994.

78. Replacement of the London Interbank Offered Rate (LIBOR)

Authorises the Finance Bill to make provision (including provision having retrospective effect): * (a) for the purposes of replacing LIBOR with the incremental borrowing rate, and * (b) about the tax consequences of things done in anticipation of, or in connection with, the reform or discontinuance of LIBOR or another reference rate

79. Powers of the Treasury to amend legislation relating to banks

Authorises the Finance Bill to make provision: * (a) modifying existing powers of the Treasury to amend legislation relating to banks, and * (b) conferring new powers on the Treasury to amend interpretation provisions in legislation relating to banks

80. Incidental provision etc

Authorises the Finance Bill to make provision for:

• (a) any incidental or consequential charges to any duty or tax (including charges having retrospective effect) that may arise from provision designed in general to afford relief from taxation; and
• (b) any incidental or consequential provision (including provision having retrospective effect) relating to provision authorised by any other resolution.

Territorial extent and application in the United Kingdom

In the view of HM Government, there are only ten of the Finance (No. 2) Bill resolutions that do not apply to the whole of the United Kingdom.

The resolutions that do not apply to the whole of the United Kingdom relate to:

• the main rates of income tax (resolution 2),
• the corporation tax position of the Northern Ireland Housing Executive (resolution 36),
• stamp duty land tax (resolutions 42, 43, 44 and 65),
• the rates of landfill tax (resolution 61),
• the designation of places as freeport tax sites (resolution 63)
• capital allowances in connection with freeport tax sites (resolution 64), and
• the giving or obtaining of tax compliance information by licensing authorities (resolution 73)

Resolution 2 sets the main rates of income tax for the tax year 2021-22. The non-savings, non-dividend income of a UK resident individual who is not a Scottish taxpayer or Welsh taxpayer is charged at these main rates. Furthermore, although the non-savings, non-dividend income of a Welsh taxpayer is charged at the Welsh basic, higher and additional rates those Welsh rates are determined in part by reference to the main rates of income tax. But the non-savings, non-dividend income of a Scottish taxpayer is charged at Scottish rates which are set by the Scottish Parliament alone.

Resolution 36 authorises provision to be made exempting the Northern Ireland Housing Executive from corporation tax. The Northern Ireland Housing Executive owes its continuing status as a public authority and body corporate to the Housing (Northern Ireland) Order 1981.

Resolution 42 amends the Stamp Duty Land Tax (Temporary Relief) Act 2020 to provide for reduced rates of stamp duty land tax on residential property to apply for a longer period. Resolution 43 provides for increased rates of stamp duty land tax for non-resident transactions. Resolution 44 introduces relief from the higher rate of stamp duty land tax in Schedule 4A to the Finance Act 2003 for certain housing co-operatives, with provision for the withdrawal of that relief in certain circumstances. Stamp duty land tax is charged only on the acquisition of an interest in land in England or Northern Ireland (see sections 42(1), 43(1) and 48(1) of the Finance Act 2003).

Legislative competence to introduce a corresponding tax in relation to interests in land in Wales was conferred on the National Assembly for Wales by section 116L of the Government of Wales Act 2006 (inserted by section 15 of the Wales Act 2014) and that competence has been exercised with the enactment of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017. Legislative competence to introduce a corresponding tax in relation to interests in land in Scotland was conferred on the Scottish Parliament by section 80I of the Scotland Act 1998 (inserted by section 28(1) of the Scotland Act 2012) and that competence has been exercised with the enactment of the Land and Buildings Transaction Tax (Scotland) Act 2013.

Resolution 61 increases the rates of landfill tax. Landfill tax is charged on taxable disposals made in England or Northern Ireland (see section 40(1) of the Finance Act 1996). Legislative competence to introduce a corresponding tax in relation to disposals to landfill made in Wales was conferred on the National Assembly for Wales by section 116N of the Government of Wales Act 2006 (inserted by section 18 of the Wales Act 2014) and that competence has been exercised with the enactment of the Landfill Disposals Tax (Wales) Act 2017.

Legislative competence to introduce a corresponding tax in relation to disposal to landfill made in Scotland was conferred on the Scottish Parliament by section 80K of the Scotland Act 1998 (inserted by section 30 of the Scotland Act 2012) and that competence has been exercised with the enactment of the Landfill Tax (Scotland) Act 2014.

Resolution 63 authorises the designation of areas in Great Britain as freeport tax sites for the purposes of Parts 2 and 2A of the Capital Allowances Act 2001, and, where the area is in England, for the purposes of Part 4 of the Finance Act 2003 (stamp duty land tax).

Resolution 64 authorises the making of provision about first-year allowances under Part 2 of the Capital Allowances Act 2001 (plant and machinery), and about allowances under Part 2A of that Act (buildings and structures) in connection with freeport tax sites. As noted above, the sites must be in Great Britain.

Resolution 65 provides for relief from stamp duty land tax in the case of transactions relating to land in freeport tax sites in England.

Resolution 73 authorises the making of provision requiring licensing authorities, when licensing certain activities, to give or obtain information relating to tax compliance. This affects licensing regimes applying in England and Wales.