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Statute Law Repeals - Law Commission - Ministry of Justice

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PART 10<br />

TAXATION AND PENSIONS<br />

INTRODUCTION<br />

10.1 This part <strong>of</strong> the report proposes the repeal <strong>of</strong> a series <strong>of</strong> statutory provisions<br />

relating to taxation and pensions law which span the years 1798 to 2010, and<br />

which have become obsolete or spent through the passage <strong>of</strong> time or because <strong>of</strong><br />

subsequent statutory intervention. In all, we recommend the repeal <strong>of</strong> 17 Acts in<br />

whole and portions <strong>of</strong> some 36 other Acts.<br />

10.2 The repeals recommended in the first group have been referred to the <strong>Law</strong><br />

<strong>Commission</strong> by HM Revenue and Customs. They flow in the main from the Tax<br />

<strong>Law</strong> Rewrite project which was prefaced by a requirement in the Finance Act<br />

1995 to report to Treasury Ministers on “tax simplification”. The repeals in the<br />

second group are obsolete enactments (known as the Two Pennies Scots Acts)<br />

that imposed duty on the sale <strong>of</strong> ale, beer or porter in Scotland. The repeals in<br />

the third group are consequential upon the winding up <strong>of</strong> the Personal Accounts<br />

Delivery Authority.<br />

10.3 The individuals and organisations consulted about these proposals are set out in<br />

Appendix 3.<br />

GROUP 1 - GENERAL TAXATION<br />

Background<br />

10.4 The repeals recommended in this Part <strong>of</strong> the report are based on work<br />

undertaken by H. M. Revenue and Customs (HMRC). They flow in the main from<br />

the Tax <strong>Law</strong> Rewrite project, which started with a blueprint paper published in<br />

1996, 1 and led to the enactment <strong>of</strong> seven consolidation and update statutes –<br />

Capital Allowances Act 2001 (c.2) (“CAA 2001”)<br />

Income Tax (Earnings and Pensions) Act 2003 (c.1) (“ITEPA 2003”)<br />

Income Tax (Trading and Other Income) Act 2005 (c.5) (“ITTOIA 2005”)<br />

Income Tax Act 2007 (c.3) (“ITA 2007”)<br />

Corporation Tax Act 2009 (c.4) (“CTA 2009”)<br />

Corporation Tax Act 2010 (c.4) (“CTA 2010”)<br />

Taxation (International and Other Provisions) Act 2010 (c.8) (“TIOPA 2010”).<br />

1 Inland Revenue Tax <strong>Law</strong> Rewrite: The Way Forward (July 1996). The Revenue was<br />

obliged by the Finance Act 1995 (c.4), s 160 to report to Treasury Ministers on “tax<br />

simplification”.<br />

297

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