^^^^«t5''<'*^'- -wT'T •••"■^ -■- ." ■■'■••..-V- HJ 1981 A7 Id 16 UC-NRLF jiiiiiiiiiii >|i|i>|||i|ll< Pi|>l|lll|l!|llll II I $c ns ifi7 / Uv '• Finance Act, 1916. [6 & 7 Geo. 5. Ch. 24.] jire. '^ §» *- ARRANGEMENT OF SECTIONS. A.D. 191«. Part I. Customs and Excise. Section. 1. Increased duties on cocoa. 2. Increased duties on coffee. 3. Increased duties on cMcory. 4. Increased Excise duty on coffee substitutes, «fcc. 6. Increased Customs duties on sugar. 6. Increased Excise duties on sugar. 7. Customs duties on table waters. 8. Customs duty on cider. 9. Licence duty in respect of table waters and cider. 10. Duties on mechanical lighters. 11. Reduction of duty on herb beer. 12. Exemption of school entertainments from entertainments duty. 13. Provisions as to motor cars used as hackney carriages. 14. Extension of relief in respect of motor car licence duty. 15. Motor spirit licence duty. 16. Supplemental provisions as to motor spu-it licence duty. 17. Continuance of Customs duties imposed under the Einance (No. 2) Act, 1915. 18. Continuance of Excise duties imposed under the Einance (No. 2) Act, 1915. 19. Drawback on beer for export in respect of sugar and glucose. 20. Provision as to alteration of rates of drawback where rates of duty are altered. 21. Allowance of drawback on the exportation of goods manu- factured with dried fruits. [Frice4sid.] A . ^ 370213 /"' [Ch. 24.] Finance Act, 1916, [6 & 7 Geo. 5.1 Suction. 1»D. 1916. 22. Drawback on exported coffee and chicory and mixtures of coffee and chicory. 23. Power by Order in Council to modify section 1 of the Immature Spirits Restriction Act, 1915, as regards rum. Part II. Income Tax. 24. Income tax for 1916-17. 25. Modification of relief given with respect to earned income. 26. Graduation of tax on unearned income in case of incomes not exceeding 2,000Z. 27. Additional income tax on securities which the Treasury are willing to purchase. 28. Continuation of relief under 5 Geo. 5. c. 7. s. 13. 29. Belief where income of year is less than assessed income. 30. Hight of soldiers and sailors to pay reduced rates of income tax in respect of their pay. 31. Provision as to service in the navy or army. 32. Reduction of income tax when margin above a certain limit is small. 83. Extension of relief in respect of children. 34i. Declaration as to the effect of section 20 (1) (5) of 5 & 6 Geo. 5. c. 89. 35. Collection of tax by means of stamps in certain cases. 36. Limitation of relief from income tax in respect of insurance premiums. 37. Income tax relief on war insurance premiums. 38. Amendments of law with respect to income tax on woodlands. 39. Repayment of income tax on sums deducted from profits under Munitions of War Act, 1915. 40. Charging of income tax on dividends, &c. amounting to fifty shillings exactly. 41. Income tax on dividends on Exchequer bonds issued through the Post Office. 42. Exemption of interest under war savings certificates from income tax. [6 & 7 Geo. 5.J Finance Act, 1916. [Ch. 24.] Section. 43. Relief in respect of Colonial income tax. A.D. 1916. 44. Provision as to Gk)vernment securities issued free of tax. Part III. Excess Profits Duty. 45. Continuance and increase of rate of excess profits duty. 46. Increase of rate of excess mineral rights duty. 47. Computation of excess profits duty in case of sale of ships. 48. Adjustment of excess profits duty and munitions Ex- chequer payments in case of controlled establishments. 49. Provisions as to directors' fees. 50. Further provision as to profits applied in extinction of previous losses. 51. Provision as to accounting period. 52. Provision as to accumulating profits. 53. Application of s. 35 of the Einance (No. 2) Act, 1915, to munitions Exchequer payments. 54. Deposit of sums for payment of excess profits duty. 55. Amendment of section 40 (3) of the principal Act. 56. Exemption from excess profits duty of businesses carried on under the court. 57. Definition. Part IV. National Debt and Loans. 58. Limited power to borrow on Exchequer bonds for Ways and Means purposes. 59. Suspension of new sinking fund. 60. Arrangements for exchange of securities issued under War Loan Acts. 61. Power to transfer Exchequer bonds in satisfaction of death duties. 62. Repeal of 29 & 30 Vict. c. 25. s. 4. 63. Exemption from taxation of municipal securities issued in America. 64. Payment of interest on Exchequer bonds in certain cases without deduction of income tax. 65. Lost or destroyed Exchequer bonds. 520-77. A 2 iii [Ch. 24.] Fmance Act, 1916. [6 «& 7 Geo. 5.] Section. jL.D. 1916. 66. Transfer of stock on authority of order of a court. 67. Indemnity on transfer of Government stock. 68. Extension of section 2 of Government War Obligations Act, 1915. Part V. General. 69. Construction, repeal, and short title. SCUEDCLES. Jv [6 & 7 Geo. 6.] Finance Act, 1916. [Ch. 24.] CHAPTER 24. An Act to grant certain duties of Customs and Inland A.D. 1916. Revenue (including Excise), to alter other duties, and to amend the Law relating to Customs and Inland Revenue (including Excise) and the National Debt, and to make further provision in connexion with Finance. [19th July 1916.] Most Gracious Sovereign, WE, Your Majesty's most dutiful and loyal subjects the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's pubUc expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and 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 I. Customs and Excise. 1. In lieu of the present duties on cocoa there shall, Increased as from the fifth day of April nineteen hundred and sixteen. ^"*'*** **° * cocoa. be charged, levied, and paid on cocoa imported into Great A3 1 [Ch. 24.] Finance Act, 1916. [6 & 7 Geo. 5.] A.D. 1916. Britain or Ireland the following duties of Customs, that is to say : — Up to and including the Twenty-first day of June nineteen hundred and sixteen. After that Date. Cocoa - - - - the lb. £ s. d. -006 the cwt. £ *. - 2 2 d. Cocoa (husks and shells) - the cwt. - 12 the cwt. - 6 Cocoa butter - - - the lb. -006 the lb. - H Increased duties on coffee. Increased duties on chicory. Increased Excise duty on coffee substitutes, &0. 2. In lieu of the present duties on coffee there shall, as from the fifth day of April nineteen hundred and sixteen, be charged, levied, and paid on coffee imported into Great Britain or Ireland the following duties of Customs, that is to say: — * £ s. d. i : Coffee (not kiln-dried, roasted, or ground) the cwt. 2 2 Coffee (kiln-dried, roasted, or ground) - the lb. 6 3. — (1) In lieu of the present duties of Customs on chicory there shall, as from the fifth day of April nineteen hundred and sixteen, be charged, levied, and paid on chicory imported into Great Britain or Ireland the following duties of Customs, that is to say: — £ 8. d. Chicory, raw or kiln-dried - - the cwt. 1 19 8 Chicory, roasted or ground - - the lb. 6 (2) In lieu of the present Excise duty on chicory there shall, as from the fifth day of April nineteen hundred and sixteen, be charged, levied, and paid the following Excise duty, that is to say : — £ 8. d. Chicory, raw or kiln-dried - - the cwt. 1 18 6 and so in proportion for any less quantity. 4. In lieu of the present Excise duty in respect of coffee substitutes there shall, as from the fifth day of April nineteen hundred and sixteen, be charged, levied, and paid on any article or substance prepared or manufactured for the purpose of being ~2 [6 & 7 Geo. 5.] Finance Act, 1916. [Cn. 24,] in imitation of, or in any respect to resemble, or to serve as a A.D. 1916. .substitute for, coffee or chicory, and on any mixture of any such article or substance with coffee or chicory, the following Excise duty, that is to say : — £ 8. d. For every quarter of a pound of any such article, substance, or mixture which is sold or kept for sale in the United Kingdom - IJ 5. In lieu of the present Customs duties, drawbacks, and Increased allowance in respect of sugar, molasses, glucose, and saccharin ^"■*<>™» there shall, as from the fifth day of April nineteen himdred sugar, and sixteen, be charged, levied, and paid the duties specified in the first column of Part I. of the First Schedule to this Act, and there shall be paid and allowed the drawbacks and allowance set out in Part II. of that Schedule. 6. — (1) In lieu of the present Excise duties, drawbacks, and Increased allowance in respect of sugar, molasses, glucose, and saccharin ^^^*^® there shall, as from the fifth day of April nineteen hundred sugar, and sixteen, be charged, levied, and paid the duties specified in the second column of Part I. of the First Schedule to this Act, and there shall be paid and allowed the drawbacks and allowance set out in Part II. of that Schedule. (2) The provisions of Part III. of the First Schedule to the Finance (No. 2) Act, 1915, shall apply to the Excise duties 5&6Greo.5. under this section. °* ®^' 7. — (1) There shall, as from the first day of May nineteen Customs hundred and sixteen, be charged, levied, and paid upon table duties on waters as defined by tliis section imported into Great Britain or Ireland, the following duties of Customs, that is to say : — On table waters which contain as the result of the ordinary process of manufacture, or are prepared in the ordinary' process of manufacture with, sugar or other sweetening material, or which are fermented beverages, a duty at th<> rate of f ourpence per gallon ; and On any other table waters a duty at the rate of eightpence per gallon. A 4 8 [Oh. 24.] - Finance jlct, 1916. [6 & 7 Geo. 5.] A.D. 1916. (2) In this section " table waters " includes any aerated waters and any beverages to be sold or kept for sale in bottles, or in casks or other corked or closed receptacles, other than — (a) Any liquor for the retail sale of which an Excise licence 6 Geo. 5. was at the time of the passing of the Einance ** * (New Duties) Act, 1916, required ; and (ft) Syrups or other liquors intended to be consumed only in a diluted form. Customs 8. There shall, as from the first day of May nineteen hundred oidw^'^ and sixteen, be charged, levied, and paid on cider and perry imported into Great Britain or Ireland a duty of Customs at the rate of fourpence per gallon. Licence duty 9. There shall be charged, levied, and paid on a licence to toblefwaters ^® taken out annually, in cases where such a licence is required »nd cider. under section six of the Einance (New Duties) Act, 1916, by persons who sell table waters and by persons who sell cider or perry, an Excise duty of ten shillings. Duties on 10. — (1) There shall be charged, levied, and paid on any ^hterel"^ tinder box, tinder lighter, or other mechanical and portable contrivance for producing a spark or flame (in this Act referred to as mechanical lighters), imported into Great Britain or Ireland, a duty of Customs of one shilling in the case of mechanical lighters requiring the use of spirit, and of sixpence in any other case. (2) There shall be charged, levied, and paid on any mechanical lighter manufactured in Great Britain or Ireland, an Excise duty of one shilling in the case of mechanical lighters requiring the use of spirit, and of sixpence in any other case. (3) If any person manufactures for sale a mechanical lighter without paying duty in accordance with this section, that person shall be liable in respect of each offence to an Excise penalty of fifty pounds. (4) The Commissioners of Customs and Excise may make regulations prohibiting the manufacture of mechanical lighters except by persons holding a licence and having made entry for the purpose, and for fixing the date of the expiration of the licence, and also for regulating the manufacture of mechanical lighters and the removal from the manufactory of mechanical lighters with a view to securing and collecting the Excise duty [6 & 7 Geo. 5.] Mnance Act, 1916. [Ch. 24.] imposed by this Act, and may by those regulations apply to A.D. 1916. the Excise duty on mechanical lighters and to manufacturers of mechanical lighters any enactments relating to any duty of Excise or Customs and to persons carrying on any trade subject to the laws of Excise. If any person acts in contravention of, or fails to comply with, any of those regulations, the article in respect of which the offence was committed shall be forfeited, and the person committing the offence shall be liable in respect of each offence to an Excise penalty of fifty pounds. 11. — (1) The table-water duty charged under section four Reduction of of the Finance (New Duties) Act, 1916, and the duty of J^^^''^"*' Customs on table waters charged under this Act shall be reduced in the case of herb beer so as to be at the rate of twopence per gallon. (2) " Herb beer " means the beverage usually known as herb beer or botanic beer, but does not include ginger beer. 12. Entertainments duty within the meaning of section one Exemption of the Einance (New Duties) Act, 1916, shall not be charged on f^^^^l^l payments for admission to any entertainment where the Com- ments from missioners of Customs and Excise are satisfied — entertam- ments dutj. (a) that the entertainment is provided by or on behalf of a school or other educational institution ; and (b) that the school or institution is not conducted or estab- lished for profit ; and (c) that the entertainment is provided solely for the purpose of promoting some object in connexion with the school or institution ; and (d) that all the persons taking part as performers in the entertainment are persons who are under the age of sixteen years and who are receiving or have received instruction in the school or institution. 13. — (1) It is hereby declared that a motor car is not Provisions exempt under subsection (3) of section eighty-six of the Finance ** '° ™ j*®*" (1909-10) Act, 1910, as being a hackney carriage within the hackney meaning of section four of the Customs and Inland Revenue Act, carriages. 1888, if the car is used on any occasion as a carriage within iGeoTcS the meaning of subsection (3) of the said section four. 51 & 52 Vict. 6 ••«• [Ch. S4.] Finance Acty 1916. [6 & 7 Geo. 5.] A.D. 1916. 3 Edw. 7. c. 36. Extension of relief in respect of motor car licence duty. Motor spirit licence duty. (2) There shall be exhibited on every motor car which is exempted from duty under section eighty-six of the Finance (1909-10) Act, 1910, as amended by this or any other Act, as being a hackney carriage, in conjunction with the mark fixed on the car indicating the registered number of the car and the council with which the car is registered, a distinctive sign indi- cating that the car is so exempt, and regulations made by the Local Government Board under the Motor Car Act, 1903, shall provide for the sign to be so exhibited. The penalties imposed by subsection (4) of section two of the Motor Car Act, 1903, shall apply to the sign to be exhibited under this provision as they apply to the marks to be fixed under that section. 14. — (1) Subsection (4) of section eighty-six of the ^Finance (1909-10) Act, 1910 (which provides for the repayment in certain cases to duly qualified medical practitioners of half the duty on motor car licences), shall apply to registered veterinary surgeons in like manner as it applies to duly qualified medical practitioners. (2) If any person proves to the satisfaction of the Commis- sioners of Customs and Excise that any motor car kept by him has during any year, or any continuous part of a year not being less than two months, been used exclusively for the purpose of any ambulance or hospital work, or any other work undertaken by agreement with the Government in connexion with any naval or military services, he shall be entitled to the repayment of any duty paid for that year under section eighty-six of the Einance (1909-10) Act, 1910, on the licence for the car, or of a pro- portionate part of the duty. 15. — (1) In addition to any other duties imposed by law in respect to motor spirit, there shall, on and after the first day of August nineteen hundred and sixteen, be charged, levied, and paid on a licence to be taken out by any person who desires to be supplied with motor spirit, a duty at the rate of sixpence for every gallon of motor spirit with which he is authorised to be supplied by the licence : Provided that — (a) Any person using motor spirit for purposes other than supplying motive power to a motor car or motor cycle, or for supplying motive power to any motor car or motor cycle in respect of which duty is not payable under section eighty-six of the Einance 6 [6 & 7 Geo. 6.] Finance Act, 1916. [Ch. 24.] (1909-10) Act, 1910, shall be entitled, in accordance L.\>. 1916. with regulations made under this section, to an allowance or repayment of the whole duty payable under this section in respect of a licence authorising the supply of that motor spirit ; and (6) Any person who, under the preceding section of this Act, has received repayment of motor-car licence duty by reason of the use of his car during any period for any such purpose as therein mentioned shall be entitled, in accordance with regulations made under this section, to an allowance or repay- ment of the duty payable under this section in respect of the motor spirit used during that period ; and ( » i i. j in respect of ment, shall not, as regards insurances or contracts for deferred insurance annuities made after the twenty-second day of June nineteen hundred and sixteen, be given at a greater rate than that of three shillings in the pound; and shall not, as regards any insurance or contract for a deferred annuity, be given, notwith- standing anything in paragraph {h) of subsection (2) of section sixty-six of the finance (1909-10) Act, 1910, for the purposes of super-tax. (2) The said relief shall not, as regards insurances or contracts for deferred annuities made after the twenty-second day of June nineteen hundred and sixteen — (a) be given except in respect of premiums or other payments payable on policies for securing a capital ,; sum on death, whether in conjunction with any other ,' benefit or not; or {h) be given in respect of premiums or payments payable during the period of deferment in respect of a policy of deferred assurance : Provided that nothing in this subsection shall affect premiums or payments payable on policies or contracts made in connection with any superannuation or bon^ fide pension scheme for the benefit of the employees of any employer or of persons engaged in any particular profession, vocation, trade, or business, or on any policy taken out by a teacher in a secondary school pending the establishment of a superannuation or pension scheme for those teachers. Income tax 37.— (l) Section fifty-four of the Income Tax Act, 1853, on war ^ amended by any subsequent enactment, shall apply to all insurance premiums, war insurance premiums, whether payable annually or not. (2) War insurance premiums shall not be taken into account in calculating the limit of one-sixth of the profits and gains under the proviso to the said section fifty-four or the limits of seven per cent, or one hundred pounds under subsection (1) of section seventeen oi the Pinance Act, 1915. 20 [6 & 7 Geo. 5.] Fmcmce Act, 1916. [Ch. 24.] (3) In this section the expression " war insurance premium" A.D. 1916! means any additional premium or other sum paid in order to extend an existing life insurance policy to risks arising from war or war service abroad, and any part of any premium or other sum paid in respect of a life insurance policy covering those risks, or either of them, which appears to the Commissioners to whom the claim for relief is made to be attributable to those risks, or either of them. 38. — (1) Any person occupying woodlands who proves to the Amendmenu satisfaction of the Special Commissioners that those woodlands ^^ '*^ ^^^^ are managed by him on a commercial basis, and with a view to income tax the realisation of profits, shall have the same right under sub- <>» wood- section (4) of section twenty-two of the Einance (No. 2) Act, 1915, to elect to be charged under Schedule D as a person who proves those facts to the satisfaction of the General Commis- sioners, but an application to prove those facts in any year in respect of the same woodlands must be made either to the General or Special Commissioners, and not to both. (2) Paragraph {a) of subsection (4) of section twenty-two of the Einance (No. 2) Act, 1916 (which provides that the election shall extend to all woodlands managed on the same estate), shall not apply to woodlands which are planted or replanted after the passing of this Act, if the person occupying those woodlands gives notice to the General or Special Com- missioners within a year after the time when they are so planted or replanted that they are to be treated for the purpose of that paragraph as being woodlands on a separate estate. (3) Section twenty-three of the Customs and Inland Revenue 53 & 54 Vict. Act, 1890 (which gives relief to trading persons in case of loss), °- ®' shall, where a person occupying woodlands has elected to be charged to income tax in respect of those woodlands under Schedule D, apply to losses on those woodlands as it applies to losses in any trade. 39. — (1) Where in calculating for the purposes of Part II. Repa7in«»nt of the Munitions of War Act, 1915, the profits of a controlled °^ ^°''°'"'' establishment a deduction has been allowed under that Part of deducted that Act or rules made thereunder in respect of exceptional ^'"o™ profita depreciation or obsolescence of buildings, plant, or machinery, and ^onrof War the sums so deducted have not been deducted or allowed in Act, 1915. computing the amount upon which income tax has been paid ^ *^^ ^®°* ^* in respect of those profits, there shall be allowed a repayment 21 [Ch. 24.] Finance Act, 1916. [6 & 7 Geo. 5.] a!.D. 1916. of income tax equal to the amount of the income tax at the rate at which that tax has been paid on the amount of the sums so deducted : Provided that the repayment of income tax under this section — {a) shall he made in respect of the income tax year which includes the end of the period of assessment in respect of which the said deductions have been allowed under the Munitions of War Act, 1915 ; and {b) shall be deemed to have effected a reduction of the income tax . assessment by the amount upon which income tax has been so repaid. (2) Any application for relief under this section shall be made to the Commissioners by whom the income tax assessment has been made, and those Commissioners upon proof of the facts to their satisfaction shall certify to the Commissioners of Inland Revenue the sum repayable, and the Commissioners of Inland Revenue shall cause repayment to be made accordingly. Charging of 40. Section ninety -five of the Income Tax Act, 184<2 (which '^^d^V^d '®l^^®s ^o the manner of charging small dividends), shall apply &c. amount- to cases wherc the half - yearly payment on the annuity, ing to fifty dividend, or shares, amounts to fifty shillings and not more, as exactly. it applies to cases where that payment does not amount to fifty 5 & 6 Vict, shillings, c. 35. ^ Income tax 41. Section three of the War Loan (Supplemental Provisions) on dividends ^^^ 1915 (which relates to income tax on stock inscribed in the on ex- ' ^ chequer Post Office register), shall apply as though references to interest bonds issued qjj ^j^^t stock included references to dividends on exchequer through the ,-,.,, Post Office, bonds issued through, and left in the custody of, the Post 5&6Geo.5. Office: c. 93. Provided that the said section as amended by this section shall not apply in any case where the total amount of stock and bonds held by any one person exceeds the nominal amount of two hundred pounds. Exemption 42. The accumulated interest payable in respect of any war undef war savings Certificate issued by the Treasury through the Post Office savings under which the purchaser, by virtue of an immediate payment from^hT^om °^ fifteen shillings and sixpence, becomes entitled after five years tax. to receive the sum of one pound, shaU not be liable to income 22 [6 & 7 Geo. 5.] Finance Act, 1916. [Ch. 24.] tax so long as the amount of the certificates held by the pur- A.D. 1916. chaser does not exceed the amount which an individual is for the time being authorised to hold imder regulations made by *:he Treasury. 43. If any person who has paid, by deduction or other- Relief in ^se, United Kingdom income tax for the current income tax c*F*^*i year on any part of his income at a rate exceeding three income tax. shillings and sixpence proves to the satisfaction of the Special Commissioners that he has also paid any Colonial income tax in respect of the same part of his income, he shall be entitled to repayment of a part of the United Kingdom income tax paid by him equal to the difference between the amount so paid and the amount he would have paid if the tax had been charged at the rate of three shillings and sixpence, or, if that difference exceeds the amount of tax on that part of his income at the rate of the Colonial income tax, equal to that amount. In this section the expression " United Kingdom income tax " means income tax charged under the Income Tax Acts ; and the expression " Colonial income tax " means income tax charged under any law in force in any British possession or any tax so charged which appears to the Special Commissioners to correspond to United Kingdom income tax. 44. — (1) Section forty-seven of the Finance (No. 2) Act, Provision m 1915 (which confers power on the Treasury to issue securities *® govem- ^ . . V . ment securi- free of taxation m certam cases), shall, so far as mcome tax ties issued (including super tax) is concerned, have effect as though the ^'■®® °^ ^^* reference to persons not domiciled in the United Kingdom were omitted therefrom. (2) Where securities issued under section forty-seven of the Pinance (No. 2) Act, 1916, for the time being form part of the investments of the foreign life assurance fund of an assurance company, the income arising from those securities if applied for the purposes of that fund or reinvested so as to form part of that fund, shall not be liable to income tax. (3) "Where the Special Commissioners are satisfied that any income arising abroad from the investments of the foreign life assurance fund of an assurance company has been remitted to the United Kingdom and invested, as part of the investments of that fund, in any securities issued under section forty-seven of the Finance (No. 2) Act, 1916, that income shall not be liable 23 [Ch. 24.] Finance Act, 1916. [6 & 7 Geo. 5.] A.D. 1916. to income tax, and any income tax paid thereon shall, if necessary, be repaid to the company. (4) In this section the expressions " assurance company " and " foreign life assurance fund " have the same meaning as in the Finance Act, 1915. Part III. Excess Profits Duty. Continuance 49.— (1) The Finance (No. 2) Act, 1915 (in this Part of of ratTof*^^ this Act referred to as the principal Act), shall, so far as it excess relates to excess profits duty, apply, unless Parliament otherwise profits duty, determines, to any accounting period ending on or after the first day of July nineteen hundred and fifteen and before the first day of August nineteen hundred and seventeen, as it applies to accounting periods ended after the fourth day of August nineteen hundred and fourteen and before the said first day of July. (2) Section thirty-eight of the principal Act shall, as respects excess profits arising in any accounting period beginning after the expiration of a year from the commencement of the first . accounting period, have effect as if sixty per cent, of the excess were substituted as the rate of duty for fifty per cent, of the excess. Where part of 'an accounting period is after and part before the date of the expiration of a year from the commence- ment of the first accounting period, the total excess profits and any deficiencies or losses arising in the accounting period shall be apportioned between the time up to and including, and the time after, that date in proportion to the length of those times respectively, and the rate attributable to the time after and the time before and including that date shall respectively be sixty and fifty per cent, of the excess. In the case of trades or businesses commencing after the fourth day of August nineteen hundred and fourteen, the rate of duty shall be sixty per cent, of the excess in respect of any accounting period ending after the fourth day of August nineteen hundred and fifteen. In calculating any repayment or set off under subsection (3) of section thirty-eight of the principal Act any amount to be repaid or set off on account of a deficiency or loss arising in any period in respect of which duty would be payable at the rate of fifty per cent, of the excess, shall be calculated by reference to that rate of duty. 24 [6 & 7 Geo. 5.] Finance Act, 1916. [Ch. 24.] Any additional duty payable by virtue of this section in respect A.D. 1916. of a past accounting period may be assessed and recovered not- withstanding that duty has already been assessed in respect of that period. (3) It shall be the duty of every person chargeable to excess profits duty under Part III. of the principal Act, as extended by this Act, if he has not previously given notice of his liability to be charged with excess profits duty in respect of any accounting period, to give notice to the Commissioners of Inland Revenue before the expiration of two months after the termination of any accounting period in respect of which he is chargeable, or, if the accounting period terminated before the passing of this Act, within one month after the passing of this Act. If any person fails to give the notice required by this provision he shall be liable on summary conviction to a fine not exceeding one hundred pounds, and to a further fine not exceeding ten pounds a day for every day during which the offence continues, after conviction therefor. 46. — (1) Section forty- three of the principal Act (which Increase of relates to excess mineral rights duty) shall have effect as if sixty rate of excess o J / J mineral per cent, of the excess were substituted as the rate of duty for rights duty, fifty per cent, of the excess, in the case of minerals which have become subject to a mining lease after the fourth day of August nineteen hundred and fourteen for all accounting years, and in the case of other minerals for any accounting year ending after the completion of the first accounting year, and any additional duty may be recovered accordingly. (2) It is hereby declared that the words in subsection (1) of section forty-three of the principal Act " assets of any trade or business " refer only to assets of the trade or business of the person receiving the rent for the right to work the minerals or for the mineral wayleaves. 47. Where any ship has been sold since the fourth day of Computation August nineteen hundred and fourteen, in such circumstances ^t*^*d*t that the profits of the sale are not the profits of a trade or in ca«e of business, the following special provisions shall, if the Commis- ^*'® °^ "^^P*- sioners of Inland Revenue so require, be applied in the compu- tation of the liability to excess profits duty in respect of the profits arising from the use of the ship: — (a) The pre-war standard of profits of the purchaser as respects the ship shall, where the standard of the 25 [Ch. 24.] Finance Act, 1916. [6 & 7 Geo. 5.] A.D. 1916. trade or business of the vendor is a profits standard, be calculated by reference to the profits arising from the use of the ship during the pre-war trade years, and shall be ascertained in accordance with the pro- visions of the principal Act, but calculated, where necessary, as if the use of the ship were a separate business; and where that standard is a percentage standard the pre-war standard of profits as respects the ship shall be the same as if the ship had not been sold, or, in the case of a ship which was used for the first time after the fourth day of August, nineteen hundred and fourteen, shall be calculated by reference to the capital represented by the ship at the date when it was first used ; and the pre-war standard of profits of the trade or business of the vendor and of the purchaser shall respectively be reduced and increased as the case may require, with any adjust- ments which may be necessary to meet the case of borrowed money or unpaid purchase money or other similar matters : (6) Eor the purpose of estimating separately the profits arising from the use of the ship, an apportionment shall, where necessary, be made of the total profits of the trade or business in which the ship has been used, regard being had to the earnings of the ship . as compared with the earnings of the other assets employed in the trade or business : Any appeal under subsection (5) of section forty- five of the principal Act, so far as it involves any question of an apportionment imder this provision, shall be to the Special Commissioners: ( Means pur- or Appropriation Act or for the purpose of paying on any poses. securities issued under any such Act in the same manner as they are authorised to borrow under subsection (1) of section one of 5 & 6 Geo. 5. the War Loan Act, 1915 : c. 55. Provided that any securities issued under this section shall be repaid or redeemed not later than five years after the date on which they are issued. 4 & 5 Geo. 5. (2) Subsections (2) and (3) of section one of the War Loan ^' ' Act, 1914, and subsection (2) and (3) of section fourteen of the Einance Act, 1914 (Session 2), shall apply to any sums borrowed under this section. Susp«5nsion 59. In the financial year ending the thirty-first day of March ing^funr" " ^i^®^66^ hundred and seventeen, that portion of the permanent annual charge for the national debt which is not required for 50 & 51 Vict, the annual charges directed by the National Debt and Local Loans Act, 1887, or any other Act, to be paid out of that charge, shall not be paid. 30 [6 & 7 Geo. 5.] Finance Act, 1916. [Ch. 24.] 60. During the continuance of the present war and a period A.D. 1916. of six months thereafter, the Treasury may, for tlie purpose of Arraiige- carrying out any arrangement made by them for the exchange ments for of securities issued under any War Loan Act passed during the gecuHti^s** continuance of the war, provide for the issue of new securities issued unJcr for the purpose of the exchange and for the cancellation of the ^^rLoan securities received in exchange. 61. — (1) Any person from whom any sum is due on account Power to of any death duty may pay that sum or any part thereof by means tran.sfer of the transfer m accordance with regulations made by the bon.is in Treasury to the Commissioners of Inland Revenue of an equal satisfaction amount of any Exchequer bonds forming part of an issue which duties, may be approved by the Treasury for the purpose, and any Exchequer bonds so transferred shall be accepted by the Com- missioners in satisfaction of the amount. (2) Any Exchequer bonds so transferred shall be deemed to mature for payment on the date of the transfer, and the principal and interest of the bond when received by the Commissioners of Inland Jlevenue shall be brought into account as death duty revenue in such manner as the Treasury direct. (3) Exchequer bonds shall for the purposes of this section be deemed to be of the amount of their nominal value with the addition of any interest accrued due but remaining unpaid. 62. Section four of the Exchequer Bills and Bonds Act, Repeal of 1866 (which relates to the counterfoils of Exchequer Bills), shall 29 & 30 Vict, cease to have effect. 63. Any securities issued in the United States of America Exemption by a municipal corporation, county council, or other local ^!"°™ ^^*' . I'l 1 uon of mum- authority in the United Kingdom for the purpose of raising any cipal securi- money which they are authorised to borrow, if issued under the *'®^ issued in authority of the Treasury, shall not be liable to any taxation present or future, except where they are held by persons domiciled in the United Kingdom or by British subjects ordinarily resident in the United Kingdom. The expression " local authority " in this section includes the Metropolitan Water Board and any other public body which is recognised as a local authority for the purposes of this section by the Local Government Board. 64. The Treasury may direct that any Exchequer bonds Payment of issued under their authority during the continuance of the present interest on war and a period of six months thereafter shall be issued or shall bonds in C 2 31 [Ch. 24.] Finance Act^ 1916. [6 & 7 Geo. 5.] A.D. 1916. certain cases without de- duction of income tax. Lost or destroyed Exchequer bonds. be deemed to have been issued subject to the condition that the interest on those bonds shall be paid without deduction of income tax, and the interest shall be so paid accordingly ; but any such interest shall be accounted for and charged to income tax under the third case of Schedule D, subject, however, to any provisions of the Income Tax Acts with respect to exemptions or abate- ments. 65. Where the Bank of England are satisfied that any Exchequer bond, or any other bond to bearer issued by them on behalf of the Treasury, or any coupon of any such bond has been lost or destroyed, they may, if they think fit, and on such conditions as they think fit, but subject to any general directions of the Treasury, issue a new bond or coupon on receiving indemnity to their satisfaction against the claims of all persons deriving title under the bond or coupon lost or destroyed. In the application of this section to bonds issued through the Post Office the Postmaster-General shall be substituted for the Bank of England. Transfer of 66. Any order or decree of any court in the United Kingdom au°thor*ity of whereby the right to transfer or call for a transfer of any Govern- ment stock or to receive any dividends thereon is expressed to be vested in any person shall be sufficient authority to the Banks of England and Ireland, to the National Debt Commissioners, to the Postmaster-General, and to any savings bank authority to allow the transfer of the stock or to pay the dividends in accordance with the order or decree. An official extract of any such appointment as is mentioned 52 & 53 Vict, in section thirteen of the Judicial Factors (Scotland) Act, 1889, °* ^^' shall, where any Government stock is specified in such official extract or in a certificate under seal by the accountant of court produced along with such extract as belonging to or forming part of the estate under the charge of the person named in the extract, be deemed for the purposes of this section to be a decree whereby the right to transfer such government stock is vested in the person so named. In this section the expression " Government stock " has the 56 & 57 Vict, same meaning as in the Savings Bank Act, 1893, as amended by any subsequent enactment. Indemnity on 67. Where any Government stock is transferred by virtue GovSLi'fnt o^ section forty-eight of the Finance (Nq. 2) Act, 1915, on the Btock. authority of any probate, confirmation, or letters of administration, or by virtue of this Act on the authority of any order or decree 32 order of a court. [6 & 7 Geo. 6.] Mnance Act, 1916. [Ch. 24.] of any court, the Bank of England or Ireland, the National A.D. 1916. Debt Commissioners, the Postmaster-General, or the savings bank authority, as the case may be, shall be indemnified and protected, notwithstanding any defect or circumstance whatsoever affecting the validity of such probate, confirmation, or letters of administration, or of such order or decree. 68. — (1) Subsection (1) of section two of the Government Extension of War Obligations Act, 1915, shall apply, and shall be deemed sfction 2 oi always to have applied, to the sale of securities to the Treasury ^ar Obli"a- and to securities sold to the Treasury in the same manner as it tions Act, applies to the giving of securities to the Treasury in exchange for - . J ^ Government securities and to securities so given in exchange. c. 96. (2) The authority and indemnity given to persons holding securities under subsection (1) of section two of the Government War Obligations Act, 1915, shall apply, and shall be deemed always to have applied, to directors of a company, and to any person holding securities on behalf of any corporation or body of persons depositing securities or giving them in exchange, or selling securities, in pursuance of that subsection as amended by this Act, notwithstanding any want of authority from the company, corporation, or body of persons. (3) It is hereby declared that subsection (4) of section two of the Government War Obligations Act, 1915 (which removes certain disqualifications attaching to Members of Parliament in connection with the deposit, exchange, and sale of securities under a Treasury securities deposit scheme), applies to any transactions in connection with any such deposit, exchange, or sale as it applies to the deposit, exchange, or sale. Part V. General. 69. — (1) Part I. of this Act, so far as it relates to duties Construc- of Customs, shall be construed together with the Customs ^'°"' repetl, Consolidation Act, 1876, and any enactments amending tliat title. Act, and so far as it relates to duties of Excise shall be con- strued together with the Acts which relate to the duties of Excise and the management of those duties. Part II. of this Act shall be construed together with the Income Tax Acts, 1842 to 1853, and any other enactments 33 [Oh. 24.] Finance Act, 1916. [6 & 7 Geo. 5.] A.D. 1916. relating to income tax, and those enactments and Part II. of this Act are in this Act referred to as the Income Tax Acts. Part III. of this Act shall he construed together with Part III. of the Finance (No. 2) Act, 1915. (2) The Acts mentioned in the Second Schedule of this Act are herehy repealed to the extent specified in the third column of that Schedule. (3) This Act may be cited as the Pinance Act, 1916. 84 [6 & 7 Geo. 5.J Finance Act, 1916. SCHEDULES. [Ch. 24.] PIRST SCHEDULE. Sugar, &c. Part I. — Duties. Article. Sugar which, when tested bj the polariscope, indi- cates a polarisation exceeding ninetj-eight degrees ------- the cwt. Sugar of a polarisation not exceeding seventj-six - the cwt. degrees Sugar of a polarisation — Exceeding 76 and not exceeding 77 the cwt. 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 78 79- 80- 81- 82- 83- 84- 85- 86- 87- 88- 89- 90- 91- 92- 93- 94- 95- 96- 97- 98- Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar and all other sugar and extracts from sugar which cannot be completely tested by the polariscope and on which duty is not specially charged by this section — If containing 70 per cent, or more of sweetening matter ------ the cwt. If containing less than 70 per cent, and more than 50 per cent, of sweetening matter - the cwt. If containing not more than 50 per cent, of sweetening matter - - - - the cwt. The amount of sweetening matter to be taken to be the total amount of cane, invert, and other sugar contained in the article as determined by analysis in manner directed by the Commissioners of Customs and Excise. Glucose : Solid ------- the cwt. Liquid „ Saccharin (including substances of a like nature or use) ------. the oz. Customs Duty. Excise Duty. £ s. d. 14 6 9 10 10 10 11 11 11 12 12 12 11 2 4 7 10 3 6 9 3 6 10 2 6 10 2 6 10 2 6 10 8 10^ 6 4i 3 li 8 10 6 4 4 6 £ s. d. 11 B 5 7 8 8 8 10 10 10 7 4i 5 3^ 2 7i 8 1 6 4 4 6 A.D. 1916. SectionB 5, 6. [NoTB. — The charge under this Schedule of a specified amount of duty on a specified weight of any article includes a charge of a proportionately less duty on any less weight of any article so charged.] 86 [Ch. 24.1 Finance Act, 1916. [6 & 7 Geo. 5.] A.D. 1916. Sections 5, 6. *Paiit II. — Drawbacks and Allowances. (1) Customs Drawbacks under the Second Schedule of the Finance Act, 1901. Drawback to bo allowed to a refiner on molasses produced in Great Britain or Ireland from imported sugar and delivered by him to a licensed distiller for use in the manufacture of spirits . - - - the cwt. Other drawbacks ------- £ s. d. 3 \\ Arcording to the amount of duty paid. (2) Excise Drawbacks. A. — Under the Third Schedule of the Finance Act, 1901 B. — Drawback to be allowed on molasses produced in Great Britain or Ireland from sugar made in Great Britain or Ireland and delivered to a licensed distiller for use in the manufacture of spirits _..--- the cwt. C. — Drawback to be allowed in any other case on articles liable to the Excise duty exported or shipped for use as stores, if it is shown to the satisfaction of the Commissioners of Customs and Excise that the Excise duty has been duly paid - - - According to the amount of duty paid. £ s. d. 2 7i According to the amount of duty paid. (3) Allowances on Molasses used solely for the Purpose of Food for Stock. Allowance to a refiner on molasses under subsection (2) of section one of the Revenue Act, 1903 - the cwt. Allowance on molasses produced from sugar made in Great Britain or Ireland in circumstances in which an allowance would be allowed under subsection (2) of section one of the Revenue Act, 1903 in respect of molasses produced from imported sugar - the cwt. £ s. d. 3 li 2 7^ • The substituted drawbacks and allowances shall only take ell'ect where it is shown that duty has been paid at the increased rate. 86 [fl & 7 Geo. o.] Finance Act, 1916. [Ch. 24.] SECOND SCHEDULE. A.D. 1916. Section 69. Enactments Repealed. Session and Chapter. Short Title. Extent of Repeal. 29 & 30 Viot. e. 25. The Exchequer Bills and Bonds Act, 1866. Section four ; and in section twentj-six, the word "four." 4 (fc 5 Geo. 6. 0. 10. The Finance Act, 1914. Section six. 5 & 6 G^«o. 5. 0.89. The Finance (No. 2) Act, 1915. Sections two, three, fonr, fiye, and six ; subsection (1) of section seven, from '^aa from " to " sixteen " and from " in respect of " to '' Act, and " ; subsections (2) and (3) of section seven. Printed by Eyre and Spottiswoodb, Limited, FOR Frederick Attbrbury, Esq., C.B., the King's Printer of Acta of Parliament. To be purchased throueh any Bookseller or directly from H.M. STATIONERY OFFICE at the following addresses : IHFSRIAX Housa, KiNGSWAT, LoNPOw, W.C.2, and 28, Abingdon Strket, Loirooir. 8.W.1 i 87, Pbtbb Strekt, Manchkstbr ; 1, St. Andrew's Crescent, Cardipf ; 23, roRTH Street, Edinburgh ; or from B. PONSONBY, Ltd., U6, Gravton Street, Dublin ; or from the Agencies in the British Colonies and Dependencies, the Uaited States of America and other Foreign Countries of T. FISHER UNWIN. I;rD.. I^ondon, W.C. 1 I A i m ml 370213 UNIVERSITY OF CALIFORNIA UBRARY J, , t . . "'-'" ^-/. . -; ."*'■- ,V- A*. r-,v