Citation, commencement and effect

1. —(1) This Order may be cited as the Scottish Rate of Income Tax (Consequential Amendments) Order 2015 and comes into force on the day after the day on which it is made.

(2) The amendments made by this Order have effect in relation to the tax year appointed by the Treasury undersection 25(5) of the Scotland Act 2012 and subsequent tax years.

Registered pension schemes: relief at source

2.The Finance Act 2004( 3 ) is amended as follows.

3. —(1) Section 192( 4 ) (relief at source) is amended as follows.

(2) In subsection (1) for “at the basic rate for the tax year in which the payment is made” substitute “at the relevant rate”.

(3) After subsection (1) insert—

“ (1A) For the purposes of this section and sections 192A and 192B “the relevant rate” is—

(a) if the Commissioners for Her Majesty’s Revenue and Customs so notify the scheme administrator, the Scottish basic rate for the tax year in which the payment is made; and

(b) the basic rate for that tax year in all other cases. ” .

(4) In subsection (4) for “or the additional rate” substitute “, the Scottish higher rate, the additional rate or the Scottish additional rate”.

(5) After subsection (10) insert—

“ (11) Subsection (10) does not apply to prevent the giving of relief in respect of the contribution in accordance with subsection 192A. ” .

4. After section 192 insert—

“ Relief at source: additional relief

192A. —(1) An individual to whom relief is given in accordance with section 192 in respect of a contribution is entitled to a tax reduction for the tax year in which the payment of the contribution is made if the conditions in subsection (2) or (4) are met.

(2) The conditions are that—

(a) the relevant rate is the basic rate for the tax year in which the payment of the contribution is made,

(b) the individual is a Scottish taxpayer for that tax year, and

(c) the Scottish basic rate for that tax year is higher than the basic rate.

(3) If the conditions in subsection (2) are met, the amount of the tax reduction is an amount equal to the difference between the amount of relief which would have been given if the relevant rate were the Scottish basic rate for the tax year in which the payment is made and the amount of relief given under section 192.

(4) The conditions are that—

(a) the relevant rate is the Scottish basic rate for the tax year in which the payment of the contribution is made,

(b) the individual is not a Scottish taxpayer for that tax year, and

(c) the basic rate for that tax year is higher than the Scottish basic rate.

(5) If the conditions in subsection (4) are met, the amount of the tax reduction is an amount equal to the difference between the amount of relief which would have been given if the relevant rate were the basic rate for the tax year in which the payment is made and the amount of relief given under section 192.

(6) A tax reduction under this section is given effect at Step 6 of the calculation in section 23 of ITA 2007 ( 5 ) .

Relief at source: excessive relief given

192B. —(1) If relief is given to an individual in accordance with section 192 in respect of a contribution and the conditions in subsection (2) or (4) apply, an amount of excessive relief given is treated as an amount of tax for which the individual is liable for the tax year in which the payment of the contribution is made.

(2) The conditions are that—

(a) the relevant rate is the basic rate for the tax year in which the payment of the contribution is made,

(b) the individual is a Scottish taxpayer for that tax year, and

(c) the Scottish basic rate for that tax year is lower than that rate.

(3) If the conditions in subsection (2) apply, the amount of excessive relief given is an amount equal to the difference between the amount of relief given and the amount of relief which would have been given if the relevant rate were the Scottish basic rate for the tax year in which the payment is made.

(4) The conditions are that—

(a) the relevant rate is the Scottish basic rate for the tax year in which the payment of the contribution is made,

(b) the individual is not a Scottish taxpayer in that tax year, and

(c) the basic rate for that tax year is lower than the Scottish basic rate.

(5) If the conditions in subsection (4) apply, the amount of excessive relief given is an amount equal to the difference between the amount of relief given and the amount of relief which would have been given if the relevant rate were the basic rate for the tax year in which the payment is made.

(6) An amount of excessive relief treated as an amount of tax under this section is added at Step 7 of the calculation in section 23 of ITA 2007. ” .

5. —(1)The Income Tax Act 2007( 6 )is amended as follows.

(2) In section 26( 7 ) (tax reductions), in subsection (1), in paragraph (a), after “section 353(1A) of ICTA (relief for interest on loan to buy life annuity),” insert “section 192A of FA 2004 (relief at source: additional relief),”.

(3) In section 30( 8 ) (additional tax), in subsection (1), after “Chapter 8 of Part 10 of ITEPA2003( 9 ) (high income child benefit charge),” insert “section 192B of FA 2004 (relief at source: excessive relief given),”.

6. In the Registered Pension Schemes (Relief at Source) Regulations 2005( 10 ), in regulation 2 (interpretation), in paragraph (2), in the definition of “net contribution”, for “the basic rate” substitute “the relevant rate”.

Amendments to the Finance Act 2004

7. —(1)The Finance Act 2004 is amended as follows.

(2) In section 227( 11 ) (annual allowance charge), in subsection (4A)—

(a) in paragraph (a) after “the basic rate” in the first place it occurs, insert “or, in the case of a Scottish taxpayer, the Scottish basic rate”;

(b) in paragraph (b) after “the higher rate” in the first place it occurs, insert “or, in the case of a Scottish taxpayer, the Scottish higher rate”; and

(c) in paragraph (c) after “the additional rate”, insert “or, in the case of a Scottish taxpayer, the Scottish additional rate”.

(3) In section 237B( 12 ) (liability of scheme administrator for annual allowance charge), in subsection (4)—

(a) in paragraph (a)—

(i) after “the additional rate” in the first place it occurs, insert “or the Scottish additional rate”; and

(ii) after “the additional rate” in the second place it occurs, insert “or, in the case of a Scottish taxpayer, the Scottish additional rate,”;

(b) in paragraph (b)—

(i) after “the higher rate” in the first place it occurs insert “or the Scottish higher rate”; and

(ii) after “the higher rate” in the second place it occurs insert “or, in the case of a Scottish taxpayer, the Scottish higher rate”; and

(c) in paragraph (c) after “basic rate” insert “or, in the case of a Scottish taxpayer, the Scottish basic rate”.

(4) In section 280 (abbreviations and general index), in subsection (2) after the entry relating to “scheme sanction charge” insert—

Amendments to the Income Tax (Trading and Other Income) Act 2005

8.The Income Tax (Trading and Other Income) Act 2005( 13 ) is amended as follows.

9. —(1) Section 539( 14 ) (relief for deficiencies) is amended as follows.

(2) In subsection (1)(b) for “the higher rate or the dividend upper rate (or both)” substitute “one or more of the higher rate, the Scottish higher rate or the dividend upper rate”.

(3) In subsection (5)—

(a) after the opening sentence, insert “If the individual is a Scottish taxpayer, instead of Step 3 carry out Steps 3A and 3B.”;

(b) after Step 3 insert—

“ Step 3A

If there is an amount of deficiency remaining after Step 1, attribute to the remaining amount of the deficiency an amount of the individual’s income for the tax year which is liable at the higher of the Scottish higher rate and the higher rate, so far as is possible.

Step 3B

If there is an amount of deficiency remaining after Step 3A, attribute to the remaining amount of the deficiency an amount of the individual’s income for the tax year which is liable at the lower of the Scottish higher rate and the higher rate, so far as is possible. ” ;

(c) in Step 5—

(i) for “Assume that any income attributed to the deficiency at Step 3 is liable at the basic rate” substitute—

“ Assume that any income liable at the higher rate and attributed to the deficiency at Step 3, Step 3A or Step 3B is liable at the basic rate ” ; and

(ii) at the end insert—

“ Assume that any income liable at the Scottish higher rate and attributed to the deficiency at Step 3A or Step 3B is liable at the Scottish basic rate. ” .

10. In section 669( 15 ) (reduction in residuary income: inheritance tax on accrued income), in subsection (3)(a)—

(a) for “or the higher rate” substitute “, the Scottish additional rate, the higher rate or the Scottish higher rate”;

(b) in sub-paragraph (ii) after “the basic rate” insert “or, in the case of a Scottish taxpayer, at the Scottish basic rate”.

11. In section 685A( 16 ) (settlor-interested settlements), in subsection (3), after “the additional rate” insert “or, in the case of a Scottish taxpayer, at the Scottish additional rate”.

12. In Schedule 4( 17 ) (abbreviations and defined expressions), in the table in Part 2, after the entry relating to “sale proceeds of an animal” insert—

Amendments to the Finance (No. 2) Act 2005

13. In the Finance (No. 2) Act 2005( 18 ), in section 7 (charge to income tax on social security pension lump sum), in subsection (5)—

(a) in paragraph (c) after “the basic rate” in the second place it occurs, insert “or, if P is a Scottish taxpayer, the Scottish basic rate”;

(b) in paragraph (d) after “the higher rate” in the second place it occurs, insert “or, if P is a Scottish taxpayer, the Scottish higher rate”; and

(c) in paragraph (e) after “the additional rate”, insert “or, if P is a Scottish taxpayer, the Scottish additional rate”.

Amendments to the Income Tax Act 2007

14. —(1)The Income Tax Act 2007 is amended as follows.

(2) In section 31( 19 ) (calculating total income), in subsection (2), after “the basic rate” insert “or the Scottish basic rate”.

(3) In section 55B( 20 ) (entitlement to transferable tax allowance for married couples and civil partners)—

(a) in paragraph (b) of subsection (2) after “the basic rate,” insert “the Scottish basic rate,”; and

(b) in subsection (3) after “the basic rate” insert “or, in the case of a Scottish taxpayer, the Scottish basic rate”.

(4) In section 55C (election to reduce personal allowance), in paragraph (c) of subsection (1), after “the basic rate,” insert “the Scottish basic rate,”.

(5) In section 58 (meaning of “adjusted net income”), in subsection (2), at the end insert “or, in the case of a gift made by an individual who is a Scottish taxpayer for the tax year, by reference to the Scottish basic rate for the tax year”.

(6) In section 414( 21 ) (relief for gifts to charity), in paragraph (a) of subsection (2) for “income tax at the basic rate, and” substitute—

“ income tax—

(i) at the Scottish basic rate if the individual is a Scottish taxpayer for that tax year, or

(ii) otherwise, at the basic rate, and ” .

(7) In section 415 (meaning of “grossed up amount”), at the end insert “, or, in the case of a gift made by an individual who is a Scottish taxpayer for that tax year, by reference to the Scottish basic rate for that tax year”.