Finance (No. 2) Act 2023
| Jurisdiction | UK Non-devolved |
| Citation | 2023 c. 30 |
Finance (No. 2) Act 2023
202 Chapter 30
An Act to make provision in connection with finance.
[11 July 2023]
Most Gracious Sovereign
e , Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Income tax, corporation tax and capital gains tax
Income tax charge, rates etc
1 Income tax charge for tax year 2023-24
Income tax is charged for the tax year 2023-24.
2 Main rates of income tax for tax year 2023-24
For the tax year 2023-24 the main rates of income tax are as follows—
(a) the basic rate is 20%,
(b) the higher rate is 40%, and
(c) the additional rate is 45%.
3 Default and savings rates of income tax for tax year 2023-24
(1) For the tax year 2023-24 the default rates of income tax are as follows—
(a)
(a) the default basic rate is 20%,
(b)
(b) the default higher rate is 40%, and
(c)
(c) the default additional rate is 45%.
(2) For the tax year 2023-24 the savings rates of income tax are as follows—
(a)
(a) the savings basic rate is 20%,
(b)
(b) the savings higher rate is 40%, and
(c)
(c) the savings additional rate is 45%.
4 Freezing starting rate limit for savings for tax year 2023-24
(1) For the tax year 2023-24 the amount specified in section 12(3) of ITA 2007 (the starting rate limit for savings) is “£5,000”.
(2) Accordingly, section 21 of that Act (indexation) does not apply in relation to the starting rate limit for savings for that tax year.
Corporation tax charge and rates
5 Charge and main rate for financial year 2024
(1) Corporation tax is charged for the financial year 2024.
(2) The main rate of corporation tax for that year is 25%.
6 Standard small profits rate and fraction for financial year 2024
(1) For the purposes of Part 3A of CTA 2010, for the financial year 2024—
(a)
(a) the standard small profits rate is 19%, and
(b)
(b) the standard marginal relief fraction is 3/200ths.
Capital allowances
7 Temporary full expensing etc for expenditure on plant or machinery
(1) Part 2 of CAA 2001 (plant and machinery allowances) has effect as if the following amendments were made.
(2) Section 39 (first-year allowances available for certain types of qualifying expenditure only) has effect as if after the entry relating to section 45O there were inserted—
“section 45S
expenditure on plant or machinery in other cases”.
(3) Chapter 4 has effect as if after section 45R there were inserted—
S-45S 45S
“45S. Expenditure on plant or machinery in other cases
Expenditure is first-year qualifying expenditure if—
(a) it is incurred on or after 1 April 2023 but before 1 April 2026,
(b) it is incurred by a company within the charge to corporation tax,
(c) it is expenditure on plant or machinery which is unused and not second-hand, and
(d) it is not excluded by section 45T (exclusion of expenditure under disqualifying arrangements) or 46 (general exclusions).
S-45T 45T
(1) Expenditure is not first-year qualifying expenditure under section 45S if the expenditure is incurred directly or indirectly in consequence of, or otherwise in connection with, disqualifying arrangements.
(2) Arrangements are “disqualifying arrangements” for the purposes of this section if—
(a)
(a) the main purpose, or one of the main purposes, of the arrangements is to secure a tax advantage connected with expenditure being first-year qualifying expenditure under section 45S (including securing the advantage by avoiding a balancing charge under section 59A or 59B or reducing the amount or timing of such a charge), and
(b)
(b) it is reasonable, taking account of all the relevant circumstances—
(i) to conclude that the arrangements are, or include steps that are, contrived, abnormal or lacking a genuine commercial purpose, or
(ii) to regard the arrangements as circumventing the intended limits of relief under this Act or otherwise exploiting shortcomings in this Act.
(3) In this section “arrangements” include any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).”
(4) Section 46 (general exclusions) has effect as if—
(a)
(a) in subsection (1), after the entry relating to section 45O there were inserted—
“section 45S |
expenditure on plant or machinery in other cases”, and |
(b)
(b) after subsection (4) there were inserted—
(4A) General exclusion 6 does not prevent expenditure being first-year qualifying expenditure under section 45S if the plant or machinery is provided for leasing under an excluded lease of background plant or machinery for a building.”
(5) Section 52 (first-year allowances) has effect as if in subsection (3), in the table, at the end there were inserted—
“Expenditure qualifying under section 45S (expenditure on plant or machinery in other cases) which is not special rate expenditure
100%
Expenditure qualifying under section 45S (expenditure on plant or machinery in other cases) which is special rate expenditure
50%”.
(6) Chapter 5 has effect as if after section 59 there were inserted—
Special balancing charge in cases of temporary full expensing etc “
S-59A 59A
(1) This section applies if a first-year allowance has been made to a company in respect of first-year qualifying expenditure under section 45S which is not special rate expenditure.
(2) If the company is required to bring a disposal value into account for an accounting period by reference to the plant or machinery on which the expenditure is incurred, the company is liable to a balancing charge for that period (whether or not it is also liable to any other balancing charge for that period).
(3) The amount of the balancing charge is the relevant proportion of the disposal value; and the relevant proportion is determined by dividing—
(a)
(a) the amount of the expenditure that was the subject of the allowance, by
(b)
(b) the total amount of expenditure that has been the subject of that or any other first-year allowance or has been allocated to a pool for that or any other accounting period.
(4) In relation to the accounting period for which the disposal value is brought into account, TDR (see section 55(1)(b)) for the pool to which the expenditure that was the subject of the allowance was allocated is to be reduced by the amount of the balancing charge.
S-59B 59B
(1) This section applies if a first-year allowance has been made to a company in respect of first-year qualifying expenditure under section 45S which is special rate expenditure.
(2) If the company is required to bring a disposal value into account for an accounting period by reference to the plant or machinery on which the expenditure is incurred, the company is liable to a balancing charge for that period (whether or not it is also liable to any other balancing charge for that period).
(3) The amount of the balancing charge is the relevant proportion of the disposal value; and the relevant proportion is determined by—
(a)
(a) dividing the amount of the expenditure that was the subject of the allowance by two, and
(b)
(b) dividing the result of that division by the total amount of expenditure that has been the subject of that or any other first-year allowance or has been allocated to a pool for that or any other accounting period.
(4) In relation to the accounting period for which the disposal value is brought into account, TDR (see section 55(1)(b)) for the pool to which the expenditure that was the subject of the allowance was allocated is to be reduced by the amount of the balancing charge.
S-59C 59C
(1) This section applies if arrangements are entered into the main purpose, or one of the main purposes, of which is—
(a)
(a) to secure that a balancing charge under section 59A or 59B is not chargeable on a company, or
(b)
(b) to secure a reduction in the amount, or a change in the timing, of a balancing charge under section 59A or 59B which is chargeable on a company.
(2) Sections 59A and 59B are to have effect as if the arrangements had not been entered into.
(3) In this section “arrangements” include any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).”
8 Annual investment allowance to remain at £1M beyond temporary period
(1) The amount of £1,000,000 which is specified in section 51A(5) of CAA 2001 as the maximum allowance in relation to expenditure incurred in the period beginning with 1 January 2019 and ending with 31 March 2023 is to be the amount of the maximum allowance in relation to expenditure incurred on or after 1 April 2023 (as well as in relation to expenditure incurred in that period).
(2) Accordingly—
(a)
(a) in section 51A of CAA 2001, for the amount specified in subsection (5) as the maximum allowance (which in the absence of this section would be £200,000 in relation to expenditure incurred on or after 1 April 2023) substitute“£1,000,000”, and
(b)
(b) the temporary AIA transitional provisions...
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