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Investigatory Powers Act 2016 (c. 25)
Schedule 5 — Transfer and agency arrangements with public authorities: further provisions
Tax in connection with transfer schemes
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(1) The Treasury may by regulations make provision varying the way in which
a relevant tax has effect in relation to—
(a) anything transferred under a transfer scheme, or
(b) anything done for the purposes of, or in relation to, a transfer under
a transfer scheme.
(2) The provision which may be made under sub-paragraph (1)(a) includes, in
particular, provision for—
(a) a tax provision not to apply, or to apply with modifications, in
relation to anything transferred,
(b) anything transferred to be treated in a specified way for the purposes
of a tax provision,
(c) the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything transferred.
(3) The provision which may be made under sub-paragraph (1)(b) includes, in
particular, provision for—
(a) a tax provision not to apply, or to apply with modifications, in
relation to anything done for the purposes of, or in relation to, the
transfer,
(b) anything done for the purposes of, or in relation to, the transfer to
have or not have a specified consequence or be treated in a specified
way,
(c) the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything done for the purposes of, or in relation to, the transfer.
(4) In this paragraph—
“relevant tax” means income tax, corporation tax, capital gains tax,
stamp duty, stamp duty reserve tax or stamp duty land tax,
“tax provision” means any provision—
(a) about a relevant tax, and
(b) made by an enactment,
“transfer scheme” means a transfer scheme under paragraph 3,
and references to the transfer of property include the grant of a lease.
Supplementary and other general provision
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The power to make regulations under section 83(1) includes, in particular,
power to—
(a) modify any enactment about a public authority for the purpose of
enabling or otherwise facilitating any function under sections 67 to
69 to be exercisable by the public authority,
(b) impose requirements or confer other functions on a public authority
in connection with functions transferred by the regulations.
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The power to make regulations under—
(a) section 83, or