Constitution

United Kingdom 1215 Constitution (reviewed 2013)

Xtra.net
8 min read
Page 29 of 45 Prev Next

Table of Contents

Part IV. The tax-varying power

[Omitted]

Part 4A. Taxation

Subheading 1. Introductory

80A. Overview of Part 4A

  1. In this Part—
    1. Chapter 2 confers on the Scottish Parliament power to set a rate of income tax to be paid by Scottish taxpayers, and
    2. Chapters 3 and 4 specify the taxes about which the Scottish Parliament may make provision in the exercise of the power conferred by section 28(1).
  2. The power to make provision about a devolved tax is subject to the restrictions imposed by—
    1. subsection (3), and
    2. the other provisions of this Part.
  3. A devolved tax may not be imposed where to do so would be incompatible with any international obligations.
  4. In this Act “devolved tax” means a tax specified in this Part as a devolved tax.

80B. Power to add new devolved taxes

  1. Her Majesty may by Order in Council amend this Part so as to—
    1. specify, as an additional devolved tax, a tax of any description, or
    2. make any other modifications of the provisions relating to devolved taxes which She considers necessary or expedient.
  2. An Order in Council under this section may also make such modifications of—
    1. any enactment or prerogative instrument (including any enactment comprised in or made under this Act), or
    2. any other instrument or document,

    as Her Majesty considers necessary or expedient in connection with other provision made by the Order.

Subheading 2. Income Tax

80C. Power to set Scottish rate for Scottish taxpayers

  1. The Scottish Parliament may by resolution (a “Scottish rate resolution”) set the Scottish rate for the purpose of calculating the rates of income tax to be paid by Scottish taxpayers.
  2. Section 6(2B) of the Income Tax Act 2007 provides for the calculation of those rates.
  3. A Scottish rate resolution applies—
    1. for only one tax year, and
    2. for the whole of that year.
  4. A Scottish rate resolution may specify only one rate.
  5. The Scottish rate must be a whole number or half a whole number.
  6. A Scottish rate resolution—
    1. must specify the tax year for which it applies,
    2. must be made before the start of that tax year, and
    3. must not be made more than 12 months before the start of that year.
  7. If a Scottish rate resolution is cancelled before the start of the tax year for which it is to apply—
    1. the Income Tax Acts have effect for that year as if the resolution had never been passed, and
    2. the resolution may be replaced by another Scottish rate resolution.
  8. Standing orders must provide that only a member of the Scottish Government may move a motion for a Scottish rate resolution.

80D. Scottish taxpayers

  1. In any tax year, a Scottish taxpayer is an individual (T)—
    1. who is resident in the UK for income tax purposes, and
    2. who, for that year, meets condition A, B or C.
  2. T meets condition A if T has a close connection with Scotland (see section 80E).
  3. T meets condition B if—
    1. T does not have a close connection with any part of the UK other than Scotland (see section 80E), and
    2. T spends more days of that year in Scotland than in any other part of the UK (see section 80F).
  4. T meets condition C if, for the whole or any part of the year, T is—
    1. a member of Parliament for a constituency in Scotland,
    2. a member of the European Parliament for Scotland, or
    3. a member of the Scottish Parliament.
  5. In this Chapter “the UK” means the United Kingdom.

80E. Close connection with Scotland or another part of the UK

  1. To find whether, for any year, T has a close connection with any part of the UK see—
    1. subsection (2) (where T has only one place of residence in the UK), or
    2. subsection (3) (where T has 2 or more places of residence in the UK).
  2. T has a close connection with a part of the UK if in that year—
    1. T has only one place of residence in the UK,
    2. that place of residence is in that part of the UK, and
    3. for at least part of the year, T lives at that place.
  3. T has a close connection with a part of the UK if in that year—
    1. T has 2 or more places of residence in the UK,
    2. for at least part of the year, T’s main place of residence in the UK is in that part of the UK,
    3. the times in the year when T’s main place of residence is in that part of the UK comprise (in aggregate) at least as much of the year as the times when T’s main place of residence is in any one other part of the UK, and
    4. for at least part of the year, T lives at a place of residence in that part of the UK.
  4. In this section “place” includes a place on board a vessel or other means of transport.

80F. Days spent in Scotland or another part of the UK

  1. T spends more days of a year in Scotland than in any other part of the UK if (and only if)—
    1. the number of days in the year on which T is in Scotland at the end of the dayequals or exceeds
    2. the number of days in the year on which T is in any other part of the UK at the end of the day.
  2. But T is not to be treated as being in the UK at the end of a day if—
    1. on that day T arrives in the UK as a passenger,
    2. T departs from the UK on the next day, and
    3. during the time between arrival and departure T does not engage in activities which are to a substantial extent unrelated to T’s passage through the UK.

80G. Supplemental powers to modify enactments

  1. The Treasury may by order provide that subsections (2A) to (2C) of section 6 of the Income Tax Act 2007 are to be disapplied, or that their effect is to be modified, in relation to any enactment.
  2. The Treasury may by order make such modifications of any enactment as they consider necessary or expedient in consequence of or in connection with—
    1. the power of the Parliament to set a rate under section 80C;
    2. the making of a Scottish rate resolution;
    3. an order under subsection (1).
  3. An order under subsection (2) may, in particular, provide that a Scottish rate resolution does not require any change in the amounts repayable or deductible under PAYE regulations between—
    1. the beginning of the tax year for which the resolution has effect, and
    2. such date (falling after the date of the resolution) as may be specified in the order.
  4. An order under this section may, to the extent that the Treasury consider it to be appropriate, take effect retrospectively from the beginning of the tax year in which the order is made.

80H. Reimbursement of expenses

The Scottish Ministers may reimburse any Minister of the Crown or government department for administrative expenses incurred by virtue of this Chapter at any time after the passing of the Scotland Act 2012 by the Minister or department.

Subheading 3. Tax on transactions involving interests in land

80I. Tax on transactions involving interests in land

  1. A tax charged on any of the following transactions is a devolved tax-
    1. the acquisition of an estate, interest, right or power in or over land in Scotland;
    2. the acquisition of the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power.
  2. The tax may be chargeable—
    1. whether or not there is any instrument effecting the transaction,
    2. if there is such an instrument, regardless of where it is executed, and
    3. regardless of where any party to the transaction is or is resident.

80J. Certain transactions not taxable

  1. Tax may not be imposed under section 80I on so much of a transaction as relates to land below mean low water mark.
  2. The following persons are not to be liable to pay a tax imposed under section 80I—Government:

    Parliament etc:

    • The Corporate Officer of the House of Lords
      The Corporate Officer of the House of Commons

      The Scottish Parliamentary Corporate Body

      The Northern Ireland Assembly Commission

      The National Assembly for Wales Commission

      The National Assembly for Wales.

Subheading 4. Tax on disposals to landfill

80K. Tax on disposals to landfill

  1. A tax charged on disposals to landfill made in Scotland is a devolved tax.
  2. A disposal is a disposal to landfill if—
    1. it is a disposal of material as waste, and
    2. it is made by way of landfill.

Please check out our other thought-provoking articles if you did like this one:

Get more fascinating contents like this on Facebook.

More from Xtra